Sections 2 and 16, Article II, Philippine Constitution
Only those lands shall be declared open to disposition or
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
Section 2. The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
Section 16. 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.
Constitution, Article XII, Sections 2- 3
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
Section 2. All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by
the State. With the exception of agricultural lands, all other natural resources
shall not be alienated. The exploration, development, and utilization of
natural resources shall be under the full control and supervision of the State.
The State may directly undertake such activities, or it may enter into co-
production, joint venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements may be for a period not
exceeding twenty-five years, renewable for not more than twenty-five years,
and under such terms and conditions as may be provided by law. In cases of
water rights for irrigation, water supply fisheries, or industrial uses other
than the development of water power, beneficial use may be the measure
and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources
by Filipino citizens, as well as cooperative fish farming, with priority to
subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations
involving either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country. In
such agreements, the State shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.
Section 3. Lands of the public domain are classified into agricultural, forest or
timber, mineral lands and national parks. Agricultural lands of the public
domain may be further classified by law according to the uses to which they
may be devoted. Alienable lands of the public domain shall be limited to
agricultural lands. Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a period not
exceeding twenty-five years, renewable for not more than twenty-five years,
and not to exceed one thousand hectares in area. Citizens of the Philippines
may lease not more than five hundred hectares, or acquire not more than
twelve hectares thereof, by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and
development, and subject to the requirements of agrarian reform, the
Congress shall determine, by law, the size of lands of the public domain
which may be acquired, developed, held, or leased and the conditions
therefor.
Public Land Act, Sections 6-9
CHAPTER II.
CLASSIFICATION, DELIMITATION AND SURVEY OF LANDS OF THE PUBLIC
DOMAIN,
FOR THE CONCESSION THEREOF
Section 6. The Governor-General, upon the recommendation of the Secretary
of Agriculture and Natural Resources, shall from time to time classify the
lands of the public domain into —
(a) Alienable or disposable
(b) Timber and
(c) Mineral lands
and may it any time and in a like manner transfer such lands from one class
to another, for the purposes of their government and disposition.
Section 7. For the purpose of the government and disposition of alienable or
disposable public lands, the Governor-General, upon recommendation by the
Secretary of Agriculture and Natural Resources, shall from time to time
declare what lands are open to disposition or concession under this, Act.
Section 8.
concession which have been officially delimited and classified and, when
practicable, surveyed, and which have not been reserved for public or quasi-
public uses, not appropriated by the Government, nor in any manner become
private property, nor those on which a private right authorized and
recognized by this Act or any other valid law may be claimed, or which,
having been reserved or appropriated, have ceased to be so. However, the
Governor-General may, for reasons of public interest, declare lands of the
public domain open to disposition before the same have had their
boundaries established or been surveyed, or may, for the same reasons,
suspend their concession or disposition by proclamation duly published or by
Act of the Legislature.
Section 9. For the purposes of their government and disposition, the lands of
the public domain alienable or open to disposition shall be classified,
according to the use or purposes to which such lands are destined, as
follows:
(a) Agricultural
(b) Commercial, industrial, or for similar productive purposes.
(c) Educational, charitable, and other similar purposes.
(d) Reservations for town sites, and for public and quasi-public uses.
The Governor-General, upon recommendation by the Secretary of
Agriculture and Natural Resources, shall from time to time make the
classification provided for in this section, and may, at any time and in a
similar manner, transfer lands from one class to another.
Revised Administrative Code (E.O. 292), Chapter I, Title XIV
Title XIV
ENVIRONMENT AND NATURAL RESOURCES
CHAPTER 1
GENERAL PROVISIONS
Section 1. Declaration of Policy. -
(1) The State shall ensure, for the benefit of the Filipino people, the full
exploration and development as well as the judicious disposition,
utilization, management, renewal and conservation of the country's
forest, mineral, land, waters, fisheries, wildlife, off-shore areas and
other natural resources, consistent with the necessity of maintaining a
sound ecological balance and protecting and enhancing the quality of
the environment and the objective of making the exploration,
development and utilization of such natural resources equitably
accessible to the different segments of the present as well as future
generations.
(2) The State shall likewise recognize and apply a true value system that
takes into account social and environmental cost implications relative
to the utilization, development and conservation of our natural
resources.
Section 2. Mandate. -
(1) The Department of Environment and Natural Resources shall be
primarily responsible for the implementation of the foregoing policy.
(2) It shall, subject to law and higher authority, be in charge of carrying
out the State's constitutional mandate to control and supervise the
exploration, development, utilization, and conservation of the country's
natural resources.
Section 3. Guidelines for Implementation. - In the discharge of its
responsibility the Department shall be guided by the following objectives:
(1) Assure the availability and sustainability of the country's natural
resources through judicious use and systematic restoration or
replacement, whenever possible;
(2) Increase the productivity of natural resources in order to meet the
demands for the products from forest, mineral, land and water
resources of a growing population;
(3) Enhance the contribution of natural resources for achieving national
economic and social development;
(4) Promote equitable access to natural resources by the different
sectors of the population; and
(5) Conserve specific terrestrial and marine areas representative of the
Philippine natural and cultural heritage for present and future
generations.
Section 4. Powers and Functions. - The Department shall:
(1) Advise the President and the Congress on the enactment of laws
relative to the exploration, development, use, regulation and
conservation of the country's natural resources and the control of
pollution;
(2) Formulate, implement and supervise the implementation of the
government's policies, plans and programs pertaining to the
management, conservation, development, use and replenishment of
the country's natural resources;
(3) Promulgate rules and regulations in accordance with law governing
the exploration, development, conservation, extraction, disposition, use
and such other commercial activities tending to cause the depletion
and degradation of our natural resources;
(4) Exercise supervision and control over forest lands, alienable and
disposable public lands, mineral resources and, in the process of
exercising such control, impose appropriate taxes, fees, charges, rentals (20) Formulate an integrated, multi-sectoral, and multi-disciplinary
and any such form of levy and collect such revenues for the exploration, National Conservation Strategy, which will be presented to the Cabinet
development, utilization or gathering of such resources; for the President's approval;
(5) Undertake the exploration, assessment, classification and inventory (21) Perform such other functions as may be provided by law.
of the country's natural resources, using ground surveys, remote
sensing and complementary technologies; Section 5. Organizational Structure. - The Department shall consist of the
(6) Promote proper and mutual consultation with the private sector on Department Proper, the Staff Offices, the Staff Bureaus, and the Regional
matters involving natural resources exploration, development, use and Offices, Provincial Offices and Community Offices.
conservation;
(7) Undertake geological surveys of the whole country including its
territorial waters; NIPAS Act of 1992 (RA 7586) as amended by RA 11038
(8) Issue licenses and permits for activities related to the use and
development of aquatic resources, treasure hunting, salvaging of
sunken vessels and other similar activities:
(9) Establish policies and implement programs for the:
Wildlife Resources and Conservation and Protection Act (RA 9147)
(a) Accelerated inventory, survey and classification of lands, forest
and mineral resources, using appropriate technology, to be able to
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF
come up with a more accurate assessment of resource quality and
WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS
quantity;
THEREFOR AND FOR OTHER PURPOSES
(b) Equitable distribution of natural resources through the judicious
administration, regulation, utilization, development and
CHAPTER I
conservation of public lands, forest, water and mineral resources
GENERAL PROVISIONS
(including mineral reservation areas), that would benefit a greater
Section 1. Title. This act shall be known as the "Wildlife Resources
number of Filipinos;
Conservation and Protection Act."
(c) Promotion, development and expansion of natural resource-
based industries;
Section 2. Declaration of Policy. It shall be the policy of the State to conserve
(d) Preservation of cultural and natural heritage through wildlife
the country's wildlife resources and their habitats for sustainability. In the
conservation and segregation of national parks and other protected
pursuit of this policy, this Act shall have the following objectives:
areas;
(a) to conserve and protect wildlife species and their habitats to promote
(e) Maintenance of a wholesome natural environment by enforcing
ecological balance and enhance biological diversity;
environmental protection laws; and
(b) to regulate the collection and trade of wildlife;
(f) Encouragement of greater people participation and private
(c) to pursue, with due regard to the national interest, the Philippine
initiative in rural resource management;
commitment to international conventions, protection of wildlife and their
(10) Promulgate rules and regulations necessary to:
habitats; and
(a) Accelerate cadastral and emancipation patent surveys, land use
(d) to initiate or support scientific studies on the conservation of biological
planning and public land titling:
diversity.
(b) Harness forest resources in a sustainable manner, to assist rural
development, support forest-based industries, and provide raw
Section 3. Scope of Application. The provisions of this Act shall be
materials to meet increasing demands, at the same time keeping
enforceable for all wildlife species found in all areas of the country, including
adequate reserves for environmental stability;
protected areas under Republic Act No. 7586, otherwise known as the
(c) Expedite mineral resources surveys, promote the production of
National Integrated Protected Areas System (NIPAS) Act, and critical habitats.
metallic and non-metallic minerals and encourage mineral
This Act shall also apply to exotic species which are subject to trade, are
marketing;
cultured, maintained and/or bred in captivity or propagated in the country.
(d) Assure conservation and judicious and sustainable development
of aquatic resources.
Section 4. Jurisdiction of the Department of Environment and Natural
(11) Assess, review and provide direction to, in coordination with
Resources and the Department of Agriculture. The Department of
concerned government agencies, energy research and development
Environment and Natural Resources (DENR) shall have jurisdiction over all
programs, including identification of sources of energy and
terrestrial plant and animal species, all turtles and tortoises and wetland
determination of their commercial feasibility for development;
species, including but not limited to crocodiles, waterbirds and all
(12) Regulate the development, disposition, extraction, exploration and
amphibians and dugong. The Department of Agriculture (DA) shall have
use of the country's forest, land, water and mineral resources;
jurisdiction over all declared aquatic critical habitats, all aquatic resources
(13) Assume responsibility for the assessment, development,
including but not limited to all fishes, aquatic plants, invertebrates and all
protection, licensing and regulation as provided for by law, where
marine mammals, except dugong. The secretaries of the DENR and the DA
applicable, of all energy and natural resources; the regulation and
shall review, and by joint administrative order, revise and regularly update
monitoring of service contractors, licensees, lessees, and permit for the
the list of species under their respective jurisdiction. In the Province of
extraction, exploration, development and use of natural resources
Palawan, jurisdiction herein conferred is vested to the Palawan Council for
products; the implementation of programs and measures with the end
Sustainable Development pursuant to Republic Act No. 7611.
in view of promoting close collaboration between the government and
the private sector; the effective and efficient classification and
CHAPTER II
subclassification of lands of the public domain; and the enforcement of
DEFINITION OF TERMS
natural resources and environmental laws, rules and regulations;
Section 5. Definition of Terms. As used in the Act, the term:
(14) Promulgate rules, regulations and guidelines on the issuance of
(a) "Bioprospecting" means the research, collection and utilization of
licenses, permits, concessions, lease agreements and such other
biological and genetic resources for purposes of applying the knowledge
privileges concerning the development, exploration and utilization of
derived there from solely for commercial purposes;
the country's marine, freshwater, and brackish water and over all
(b) "By-product or derivatives" means any part taken or substance extracted
aquatic resources of the country and shall continue to oversee,
from wildlife, in raw or in processed form. This includes stuffed animals and
supervise and police our natural resources; cancel or cause to cancel
herbarium specimens;
such privileges upon failure, non-compliance or violations of any
(c) "Captive-breeding/culture or propagation" means the process of
regulation, order, and for all other causes which are in furtherance of
producing individuals under controlled conditions or with human
the conservation of natural resources and supportive of the national
interventions;
interest;
(d) "Collection or collecting" means the act of gathering or harvesting
(15) Exercise exclusive jurisdiction on the management and disposition
wildlife, its by-products or derivatives;
of all lands of the public domain and serve as the sole agency
(e) "Conservation" means preservation and sustainable utilization of wildlife,
responsible for classification, sub-classification, surveying and titling of
and/or maintenance, restoration and enhancement of the habitat;
lands in consultation with appropriate agencies;
(f) "Critically endangered species" refers to a species or subspecies that is
(16) Implement measures for the regulation and supervision of the
facing extremely high risk of extinction in the wild in the immediate future;
processing of forest products, grading and inspection of lumber and
(g) "Economically important species" means species or subspecies which
other forest products and monitoring of the movement of timber and
have actual or potential value in trade or utilization for commercial purpose;
other forest products;
(h) "Endangered species" refers to species or subspecies that is not critically
(17) Promulgate rules and regulations for the control of water, air and
endangered but whose survival in the wild is unlikely if the causal factors
land pollution;
continue operating;
(18) Promulgate ambient and effluent standards for water and air
(i) "Endemic species" Means species or subspecies which is naturally
quality including the allowable levels of other pollutants and radiations;
occurring and found only within specific areas in the country;
(19) Promulgate policies, rules and regulations for the conservation of
(j) "Exotic species" means species or subspecies which do not naturally occur
the country's genetic resources and biological diversity, and
in the country;
endangered habitats;
(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;
(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
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.
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 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.
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 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. 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;
(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 undertaken against endangered species;
(c) 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 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 thousand pesos (P2,000.00) to Two hundred thousand pesos
(P200,000.00), if inflicted or undertaken against endangered species;
(c) imprisonment of six (6) months and one (1) day to one (1) year and/or a
fine of One thousand pesos (P1,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against vulnerable species;
(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 thousand pesos (P20,000.00) to Two hundred thousand pesos
(P200,000.00), if inflicted or undertaken against endangered species;
(c) imprisonment of six (6) months and one (1) day to one (1) year and a fine
of Ten thousand pesos (P10,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against vulnerable species;
(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 undertaken against endangered species;
(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 undertaken against vulnerable species;
(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. 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.
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.
Revised Forestry Code of the Philippines (PD 705)
PRESIDENTIAL DECREE No. 705 May 19, 1975:
REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE
FORESTRY REFORM CODE OF THE PHILIPPINES
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.
(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.
(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 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.
 (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.
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: (etc.)
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.
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 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 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.
(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.
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 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 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;
(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, 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.
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. 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 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.
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 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 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 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 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.
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. 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 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.
Clean Water Act (RA 9275)
AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY
MANAGEMENT AND FOR OTHER PURPOSES
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;
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.
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.
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.
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;
(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.
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
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.
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.
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 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
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 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
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;
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);
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;
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;
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.
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 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;
d) Disposal of potentially infectious medical waste into sea water by
vessels unless the health or safety of individuals on board the vessel is
threatened by a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage sludge or
solid waste as defined under Republic Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals, substances or
pollutants listed under Republic Act No.6969;
g) Operate facilities that discharge or allow to seep, willfully or through
gross negligence, prohibited chemicals, substances or pollutants listed
under R. A. No. 6969 into water bodies or wherein the same shall be
liable to be washed into such surface, ground, coastal, and marine
water;
 h) Undertaking activities or development and expansion of projects, or
operating wastewater/sewerage facilities in violation of Presidential
Decree. No.1586 and its implementing rules, and regulations;
i) Discharging regulated water pollutants without the valid required
discharge permit pursuant to this Act or after the permit was revoked
for any violation of condition therein;
j) Non-compliance of the LGU with the Water Quality Framework and
Management Area Action Plan. In such a case, sanctions shall be
imposed on the local government officials concerned;
k) Refusal to allow entry, inspection and monitoring by the Department in
accordance with this Act;
l) Refusal to allow access by the Department to relevant reports and
records in accordance with this Act;
m) Refusal or failure to submit reports whenever required by the
Department in accordance with this Act;
n) Refusal or failure to designate pollution control officers whenever
required by, the Department in accordance with this Act; and
o) Directly using booster pumps in the distribution system or tampering
with the water supply in such a way as to alter or impair the water
quality.
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 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 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. 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.
Clean Air Act (RA 8749)
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL
POLICY AND FOR OTHER PURPOSES
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;
(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.
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;
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;
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;
 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;
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:
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, 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:
(b) For National Ambient Air Quality Standards for Source Specific Air
Pollutants from Industrial Sources/Operations:
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.
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.
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:
Provided, That the maximum limits in mg/ncm particulates in said sources
shall be:
Provided, Further, That the maximum limits for sulfur oxides in said sources
shall be:
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
II. All the Average Values Over the Sample Period of a Minimum of
4 and Maximum of 8 Hours.
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/m3.
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, 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:
b) For light commercial vehicles, the exhaust emission limit of gaseous
pollutants as a function of the given reference mass shall be:
c) For heavy duty vehicles, the exhaust emission limits of gaseous
pollutants shall be:
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.
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
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;
b) 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 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 manufacture, import, sell, supply, offer for sale, dispense,
transport or introduce into 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.
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
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;
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.
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.
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 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, 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.
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.
Toxic Substances and Hazardous and Nuclear Wastes Control Act (RA 6969)
AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND
NUCLEAR WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF,
AND FOR OTHER PURPOSES
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
 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:
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;
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 Member
organization on health and safety
The representative from the non-governmental organization shall be
appointed by the President for a term of three (3) years. 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,
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
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.
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.
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES
PART I
RULE 1
GENERAL PROVISIONS
Section 1. Title. — These Rules shall be known as "The Rules of Procedure for
Environmental Cases."
Section 2. Scope. — These Rules shall govern the procedure in civil, criminal
and special civil actions before the Regional Trial Courts, Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal
Circuit Trial Courts involving enforcement or violations of environmental and
other related laws, rules and regulations such as but not limited to the
following:
(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave
Trees;
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
(e) P.D. No. 1067, Water Code;
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental Impact Statement System
Including Other Environmental Management Related Measures and for
Other Purposes;
(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of
Planted or Growing Trees, Flowering Plants and Shrubs or Plants of
Scenic Value along Public Roads, in Plazas, Parks, School Premises or in
any Other Public Ground;
(j) R.A. No. 4850, Laguna Lake Development Authority Act;
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
(l) R.A. No. 7076, People’s Small-Scale Mining Act;
(m) R.A. No. 7586, National Integrated Protected Areas System Act
including all laws, decrees, orders, proclamations and issuances
establishing protected areas;
(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;
(o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(q) R.A. No. 8550, Philippine Fisheries Code;
 (r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste Management Act;
(t) R.A. No. 9072, National Caves and Cave Resource Management Act;
(u) R.A. No. 9147, Wildlife Conservation and Protection Act;
(v) R.A. No. 9175, Chainsaw Act;
(w) R.A. No. 9275, Clean Water Act;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657,
Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local
Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the
Revised Forestry Code and Other Environmental Laws (Amending the
NIRC); R.A. No. 7308, Seed Industry Development Act of 1992; R.A. No.
7900, High-Value Crops Development
Rules of Procedure for Environmental Cases Act; R.A. No. 8048, Coconut
Preservation Act; R.A. No. 8435, Agriculture and Fisheries Modernization Act
of 1997; R.A. No. 9522, The Philippine Archipelagic Baselines Law; R.A. No.
9593, Renewable Energy Act of 2008; R.A. No. 9637, Philippine Biofuels Act;
and other existing laws that relate to the conservation, development,
preservation, protection and utilization of the environment and natural
resources.
Section 3. Objectives. - The objectives of these Rules are:
(a) To protect and advance the constitutional right of the people to a
balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive procedure for the
enforcement of environmental rights and duties recognized under the
Constitution, existing laws, rules and regulations, and international
agreements;
(c) To introduce and adopt innovations and best practices ensuring the
effective enforcement of remedies and redress for violation of
environmental laws; and
(d) To enable the courts to monitor and exact compliance with orders and
judgments in environmental cases.
Section 4. Definition of Terms. -
(a) By-product or derivatives means any part taken or substance extracted
from wildlife, in raw or in processed form including stuffed animals and
herbarium specimens. 1avvphi1
(b) Consent decree refers to a judicially-approved settlement between
concerned parties based on public interest and public policy to protect
and preserve the environment.
(c) Continuing mandamus is a writ issued by a court in an environmental
case directing any agency or instrumentality of the government or
officer thereof to perform an act or series of acts decreed by final
judgment which shall remain effective until judgment is fully satisfied.
(d) Environmental protection order (EPO) refers to an order issued by the
court directing or enjoining any person or government agency to
perform or desist from performing an act in order to protect, preserve
or rehabilitate the environment.
(e) Mineral refers to all naturally occurring inorganic substance in solid,
gas, liquid, or any intermediate state excluding energy materials such as
coal, petroleum, natural gas, radioactive materials and geothermal
energy.
(f) Precautionary principle states that when human activities may lead to
threats of serious and irreversible damage to the environment that is
scientifically plausible but uncertain, actions shall be taken to avoid or
diminish that threat.
(g) Strategic lawsuit against public participation (SLAPP) refers to an action
whether civil, criminal or administrative, brought against any person,
institution or any government agency or local government unit or its
officials and employees, with the intent to harass, vex, exert undue
pressure or stifle any legal recourse that such person, institution or
government agency has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of
environmental rights.
(h) 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.
PART II
CIVIL PROCEDURE
RULE 2
PLEADINGS AND PARTIES
Section 1. Pleadings and motions allowed. — The pleadings and motions that
may be filed are complaint, answer which may include compulsory
counterclaim and cross-claim, motion for intervention, motion for discovery
and motion for reconsideration of the judgment. Motion for postponement,
motion for new trial and petition for relief from judgment shall be allowed in
highly meritorious cases or to prevent a manifest miscarriage of justice.
Section 2. Prohibited pleadings or motions. — The following pleadings or
motions shall not be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings, except to file answer,
the extension not to exceed fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint.
Section 3. Verified complaint. — The verified complaint shall contain the
names of the parties, their addresses, the cause of action and the reliefs
prayed for. The plaintiff shall attach to the verified complaint all evidence
proving or supporting the cause of action consisting of the affidavits of
witnesses, documentary evidence and if possible, object evidence. The
affidavits shall be in question and answer form and shall comply with the
rules of admissibility of evidence. The complaint shall state that it is an
environmental case and the law involved. The complaint shall also include a
certification against forum shopping. If the complaint is not an environmental
complaint, the presiding judge shall refer it to the executive judge for re-
raffle.
Section 4. Who may file. — Any real party in interest, including the
government and juridical entities authorized by law, may file a civil action
involving the enforcement or violation of any environmental law.
Section 5. Citizen suit. — Any Filipino citizen in representation of others,
including minors or generations yet unborn, may file an action to enforce
rights or obligations under environmental laws. Upon the filing of a citizen
suit, the court shall issue an order which shall contain a brief description of
the cause of action and the reliefs prayed for, requiring all interested parties
to manifest their interest to intervene in the case within fifteen (15) days
from notice thereof. The plaintiff may publish the order once in a newspaper
of a general circulation in the Philippines or furnish all affected barangays
copies of said order. Citizen suits filed under R.A. No. 8749 and R.A. No. 9003
shall be governed by their respective provisions.
Section 6. Service of the complaint on the government or its agencies. - Upon
the filing of the complaint, the plaintiff is required to furnish the government
or the appropriate agency, although not a party, a copy of the complaint.
Proof of service upon the government or the appropriate agency shall be
attached to the complaint.
Section 7. Assignment by raffle. - If there is only one (1) designated branch in
a multiple-sala court, the executive judge shall immediately refer the case to
said branch. If there are two (2) or more designated branches, the executive
judge shall conduct a special raffle on the day the complaint is filed.
Section 8. Issuance of Temporary Environmental Protection Order (TEPO). - If
it appears from the verified complaint with a prayer for the issuance of an
Environmental Protection Order (EPO) that the matter is of extreme urgency
and the applicant will suffer grave injustice and irreparable injury, the
executive judge of the multiple-sala court before raffle or the presiding judge
of a single-sala court as the case may be, may issue ex parte a TEPO effective
for only seventy-two (72) hours from date of the receipt of the TEPO by the
party or person enjoined. Within said period, the court where the case is
assigned, shall conduct a summary hearing to determine whether the TEPO
may be extended until the termination of the case. The court where the case
is assigned, shall periodically monitor the existence of acts that are the
subject matter of the TEPO even if issued by the executive judge, and may lift
the same at any time as circumstances may warrant. The applicant shall be
exempted from the posting of a bond for the issuance of a TEPO.
Section 9. Action on motion for dissolution of TEPO. - The grounds for motion
to dissolve a TEPO shall be supported by affidavits of the party or person
enjoined which the applicant may oppose, also by affidavits. The TEPO may
be dissolved if it appears after hearing that its issuance or continuance would
cause irreparable damage to the party or person enjoined while the applicant
may be fully compensated for such damages as he may suffer and subject to
the posting of a sufficient bond by the party or person enjoined.
Section 10. Prohibition against temporary restraining order (TRO) and
preliminary injunction. - Except the Supreme Court, no court can issue a TRO
or writ of preliminary injunction against lawful actions of government
agencies that enforce environmental laws or prevent violations thereof.
Section 11. Report on TEPO, EPO, TRO or preliminary injunction. - The judge
shall report any action taken on a TEPO, EPO, TRO or a preliminary
injunction, including its modification and dissolution, to the Supreme Court,
through the Office of the Court Administrator, within ten (10) days from the
action taken.
Section 12. Payment of filing and other legal fees. - The payment of filing and
other legal fees by the plaintiff shall be deferred until after judgment unless
the plaintiff is allowed to litigate as an indigent. It shall constitute a first lien
on the judgment award. For a citizen suit, the court shall defer the payment
of filing and other legal fees that shall serve as first lien on the judgment
award.
Section 13. Service of summons, orders and other court processes. - The
summons, orders and other court processes may be served by the sheriff, his
deputy or other proper court officer or for justifiable reasons, by the counsel
or representative of the plaintiff or any suitable person authorized or
deputized by the court issuing the summons.
Any private person who is authorized or deputized by the court to serve
summons, orders and other court processes shall for that purpose be
considered an officer of the court. The summons shall be served on the
defendant, together with a copy of an order informing all parties that they
have fifteen (15) days from the filing of an answer, within which to avail of
interrogatories to parties under Rule 25 of the Rules of Court and request for
admission by adverse party under Rule 26, or at their discretion, make use of
depositions under Rule 23 or other measures under Rules 27 and 28. Should
personal and substituted service fail, summons by publication shall be
allowed. In the case of juridical entities, summons by publication shall be
done by indicating the names of the officers or their duly authorized
representatives.
Section 14. Verified answer. - Within fifteen (15) days from receipt of
summons, the defendant shall file a verified answer to the complaint and
serve a copy thereof on the plaintiff. The defendant shall attach affidavits of
witnesses, reports, studies of experts and all evidence in support of the
defense. Affirmative and special defenses not pleaded shall be deemed
waived, except lack of jurisdiction. Cross-claims and compulsory
counterclaims not asserted shall be considered barred. The answer to
counterclaims or cross-claims shall be filed and served within ten (10) days
from service of the answer in which they are pleaded.
Section 15. Effect of failure to answer. - Should the defendant fail to answer
the complaint within the period provided, the court shall declare defendant
in default and upon motion of the plaintiff, shall receive evidence ex parte
and render judgment based thereon and the reliefs prayed for.
RULE 3
PRE-TRIAL
Section 1. Notice of pre-trial. - Within two (2) days from the filing of the
answer to the counterclaim or cross-claim, if any, the branch clerk of court
shall issue a notice of the pre-trial to be held not later than one (1) month
from the filing of the last pleading. The court shall schedule the pre-trial and
set as many pre-trial conferences as may be necessary within a period of two
(2) months counted from the date of the first pre-trial conference.
Section 2. Pre-trial brief. - At least three (3) days before the pretrial, the
parties shall submit pre-trial briefs containing the following:
(a) A statement of their willingness to enter into an amicable settlement
indicating the desired terms thereof or to submit the case to any of the
alternative modes of dispute resolution;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The legal and factual issues to be tried or resolved. For each factual
issue, the parties shall state all evidence to support their positions
thereon. For each legal issue, parties shall state the applicable law and
jurisprudence supporting their respective positions thereon;
(d) The documents or exhibits to be presented, including depositions,
answers to interrogatories and answers to written request for
admission by adverse party, stating the purpose thereof;
(e) A manifestation of their having availed of discovery procedures or their
intention to avail themselves of referral to a commissioner or panel of
experts;
(f) The number and names of the witnesses and the substance of their
affidavits;
(g) Clarificatory questions from the parties; and
(h) List of cases arising out of the same facts pending before other courts
or administrative agencies. Failure to comply with the required
contents of a pre-trial brief may be a ground for contempt.
Failure to file the pre-trial brief shall have the same effect as failure to appear
at the pre-trial.
Section 3. Referral to mediation. - At the start of the pre-trial conference, the
court shall inquire from the parties if they have settled the dispute;
otherwise, the court shall immediately refer the parties or their counsel, if
authorized by their clients, to the Philippine Mediation Center (PMC) unit for
purposes of mediation. If not available, the court shall refer the case to the
clerk of court or legal researcher for mediation. Mediation must be
conducted within a non-extendible period of thirty (30) days from receipt of
notice of referral to mediation. The mediation report must be submitted
within ten (10) days from the expiration of the 30-day period.
Section 4. Preliminary conference. - If mediation fails, the court will schedule
the continuance of the pre-trial. Before the scheduled date of continuance,
the court may refer the case to the branch clerk of court for a preliminary
conference for the following purposes:
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be presented by the parties and
copies thereof to be attached to the records after comparison with the
originals;
(c) To ascertain from the parties the undisputed facts and admissions on
the genuineness and due execution of the documents marked as
exhibits;
(d) To require the parties to submit the depositions taken under Rule 23 of
the Rules of Court, the answers to written interrogatories under Rule
25, and the answers to request for admissions by the adverse party
under Rule 26;
(e) To require the production of documents or things requested by a party
under Rule 27 and the results of the physical and mental examination of
persons under Rule 28;
(f) To consider such other matters as may aid in its prompt disposition;
(g) To record the proceedings in the "Minutes of Preliminary Conference"
to be signed by both parties or their counsels;
(h) To mark the affidavits of witnesses which shall be in question and
answer form and shall constitute the direct examination of the
witnesses; and
(i) To attach the minutes together with the marked exhibits before the
pre-trial proper.
The parties or their counsel must submit to the branch clerk of court the
names, addresses and contact numbers of the affiants. During the
preliminary conference, the branch clerk of court shall also require the
parties to submit the depositions taken under Rule 23 of the Rules of Court,
the answers to written interrogatories under Rule 25 and the answers to
request for admissions by the adverse party under Rule 26. The branch clerk
of court may also require the production of documents or things requested
by a party under Rule 27 and the results of the physical and mental
examination of persons under Rule 28.
Section 5. Pre-trial conference; consent decree. - The judge shall put the
parties and their counsels under oath, and they shall remain under oath in all
pre-trial conferences. The judge shall exert best efforts to persuade the
parties to arrive at a settlement of the dispute. The judge may issue a
consent decree approving the agreement between the parties in accordance
with law, morals, public order and public policy to protect the right of the
people to a balanced and healthful ecology. Evidence not presented during
the pre-trial, except newly-discovered evidence, shall be deemed waived.
Section 6. Failure to settle. - If there is no full settlement, the judge shall:
(a) Adopt the minutes of the preliminary conference as part of the pre-
trial proceedings and confirm the markings of exhibits or substituted
photocopies and admissions on the genuineness and due execution of
documents;
(b) Determine if there are cases arising out of the same facts pending
before other courts and order its consolidation if warranted;
(c) Determine if the pleadings are in order and if not, order the
amendments if necessary;
(d) Determine if interlocutory issues are involved and resolve the same;
(e) Consider the adding or dropping of parties;
(f) Scrutinize every single allegation of the complaint, answer and other
pleadings and attachments thereto, and the contents of documents and
all other evidence identified and pre-marked during pre-trial in
determining further admissions;
(g) Obtain admissions based on the affidavits of witnesses and evidence
attached to the pleadings or submitted during pre-trial;
(h) Define and simplify the factual and legal issues arising from the
pleadings and evidence. Uncontroverted issues and frivolous claims or
defenses should be eliminated;
(i) Discuss the propriety of rendering a summary judgment or a judgment
based on the pleadings, evidence and admissions made during pre-trial;
(j) Observe the Most Important Witness Rule in limiting the number of
witnesses, determining the facts to be proved by each witness and
fixing the approximate number of hours per witness;
(k) Encourage referral of the case to a trial by commissioner under Rule 32
of the Rules of Court or to a mediator or arbitrator under any of the
alternative modes of dispute resolution governed by the Special Rules
of Court on Alternative Dispute Resolution;
(l) Determine the necessity of engaging the services of a qualified expert
as a friend of the court (amicus curiae); and
(m) Ask parties to agree on the specific trial dates for continuous trial,
comply with the one-day examination of witness rule, adhere to the
case flow chart determined by the court which shall contain the
different stages of the proceedings up to the promulgation of the
decision and use the time frame for each stage in setting the trial dates.
Section 7. Effect of failure to appear at pre-trial. - The court shall not dismiss
the complaint, except upon repeated and unjustified failure of the plaintiff to
appear. The dismissal shall be without prejudice, and the court may proceed
with the counterclaim. If the defendant fails to appear at the pre-trial, the
court shall receive evidence ex parte.
Section 8. Minutes of pre-trial. - The minutes of each pre-trial conference
shall contain matters taken up therein, more particularly admissions of facts
and exhibits, and shall be signed by the parties and their counsel.
Section 9. Pre-trial order. - Within ten (10) days after the termination of the
pre-trial, the court shall issue a pre-trial order setting forth the actions taken
during the pre-trial conference, the facts stipulated, the admissions made,
the evidence marked, the number of witnesses to be presented and the
schedule of trial. Said order shall bind the parties, limit the trial to matters
not disposed of and control the course of action during the trial.
Section 10. Efforts to settle. - The court shall endeavor to make the parties
agree to compromise or settle in accordance with law at any stage of the
proceedings before rendition of judgment.
 RULE 4
TRIAL
Section 1. Continuous trial. - The judge shall conduct continuous trial which
shall not exceed two (2) months from the date of the issuance of the pre-trial
order. Before the expiration of the two-month period, the judge may ask the
Supreme Court for the extension of the trial period for justifiable cause.
Section 2. Affidavits in lieu of direct examination. - In lieu of direct
examination, affidavits marked during the pre-trial shall be presented as
direct examination of affiants subject to cross- examination by the adverse
party.
Section 3. One-day examination of witness rule. - The court shall strictly
adhere to the rule that a witness has to be fully examined in one (1) day,
subject to the court’s discretion of extending the examination for justifiable
reason. After the presentation of the last witness, only oral offer of evidence
shall be allowed, and the opposing party shall immediately interpose his
objections. The judge shall forthwith rule on the offer of evidence in open
court.
Section 4. Submission of case for decision; filing of memoranda. - After the
last party has rested its case, the court shall issue an order submitting the
case for decision. The court may require the parties to submit their
respective memoranda, if possible in electronic form, within a non-
extendible period of thirty (30) days from the date the case is submitted for
decision. The court shall have a period of sixty (60) days to decide the case
from the date the case is submitted for decision.
Section 5. Period to try and decide. - The court shall have a period of one (1)
year from the filing of the complaint to try and decide the case. Before the
expiration of the one-year period, the court may petition the Supreme Court
for the extension of the period for justifiable cause. The court shall prioritize
the adjudication of environmental cases.
RULE 5
JUDGMENT AND EXECUTION
Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to the
plaintiff proper reliefs which shall include the protection, preservation or
rehabilitation of the environment and the payment of attorney’s fees, costs
of suit and other litigation expenses. It may also require the violator to
submit a program of rehabilitation or restoration of the environment, the
costs of which shall be borne by the violator, or to contribute to a special
trust fund for that purpose subject to the control of the court.
Section 2. Judgment not stayed by appeal. - Any judgment directing the
performance of acts for the protection, preservation or rehabilitation of the
environment shall be executory pending appeal unless restrained by the
appellate court.
Section 3. Permanent EPO; writ of continuing mandamus. - In the judgment,
the court may convert the TEPO to a permanent EPO or issue a writ of
continuing mandamus directing the performance of acts which shall be
effective until the judgment is fully satisfied. The court may, by itself or
through the appropriate government agency, monitor the execution of the
judgment and require the party concerned to submit written reports on a
quarterly basis or sooner as may be necessary, detailing the progress of the
execution and satisfaction of the judgment. The other party may, at its
option, submit its comments or observations on the execution of the
judgment.
Section 4. Monitoring of compliance with judgment and orders of the court
by a commissioner. - The court may motu proprio, or upon motion of the
prevailing party, order that the enforcement of the judgment or order be
referred to a commissioner to be appointed by the court. The commissioner
shall file with the court written progress reports on a quarterly basis or more
frequently when necessary.
Section 5. Return of writ of execution. - The process of execution shall
terminate upon a sufficient showing that the decision or order has been
implemented to the satisfaction of the court in accordance with Section 14,
Rule 39 of the Rules of Court.
RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
Section 1. Strategic lawsuit against public participation (SLAPP). - A legal
action filed to harass, vex, exert undue pressure or stifle any legal recourse
that any person, institution or the government has taken or may take in the
enforcement of environmental laws, protection of the environment or
assertion of environmental rights shall be treated as a SLAPP and shall be
governed by these Rules.
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a
person involved in the enforcement of environmental laws, protection of the
environment, or assertion of environmental rights, the defendant may file an
answer interposing as a defense that the case is a SLAPP and shall be
supported by documents, affidavits, papers and other evidence; and, by way
of counterclaim, pray for damages, attorney’s fees and costs of suit.
The court shall direct the plaintiff or adverse party to file an opposition
showing the suit is not a SLAPP, attaching evidence in support thereof, within
a non-extendible period of five (5) days from receipt of notice that an answer
has been filed.
The defense of a SLAPP shall be set for hearing by the court after issuance of
the order to file an opposition within fifteen (15) days from filing of the
comment or the lapse of the period.
Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be
summary in nature. The parties must submit all available evidence in support
of their respective positions. The party seeking the dismissal of the case must
prove by substantial evidence that his act for the enforcement of
environmental law is a legitimate action for the protection, preservation and
rehabilitation of the environment. The party filing the action assailed as a
SLAPP shall prove by preponderance of evidence that the action is not a
SLAPP and is a valid claim.
Section 4. Resolution of the defense of a SLAPP. - The affirmative defense of a
SLAPP shall be resolved within thirty (30) days after the summary hearing. If
the court dismisses the action, the court may award damages, attorney’s fees
and costs of suit under a counterclaim if such has been filed. The dismissal
shall be with prejudice.
If the court rejects the defense of a SLAPP, the evidence adduced during the
summary hearing shall be treated as evidence of the parties on the merits of
the case. The action shall proceed in accordance with the Rules of Court.
PART III
SPECIAL CIVIL ACTIONS
RULE 7
WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy available to a natural or
juridical person, entity authorized by law, people’s organization, non-
governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public official or
employee, or private individual or entity, involving environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
Section 2. Contents of the petition. - The verified petition shall contain the
following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the respondent or if the
name and personal circumstances are unknown and uncertain, the
respondent may be described by an assumed appellation;
(c) The environmental law, rule or regulation violated or threatened to be
violated, the act or omission complained of, and the environmental
damage of such magnitude as to prejudice the life, health or property
of inhabitants in two or more cities or provinces.
(d) All relevant and material evidence consisting of the affidavits of
witnesses, documentary evidence, scientific or other expert studies,
and if possible, object evidence;
(e) The certification of petitioner under oath that: (1) petitioner has not
commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency, and no such other action or
claim is pending therein; (2) if there is such other pending action or
claim, a complete statement of its present status; (3) if petitioner
should learn that the same or similar action or claim has been filed or is
pending, petitioner shall report to the court that fact within five (5)
days therefrom; and
(f) The reliefs prayed for which may include a prayer for the issuance of a
TEPO.
Section 3. Where to file. - The petition shall be filed with the Supreme Court
or with any of the stations of the Court of Appeals.
Section 4. No docket fees. - The petitioner shall be exempt from the payment
of docket fees.
Section 5. Issuance of the writ. - Within three (3) days from the date of filing
of the petition, if the petition is sufficient in form and substance, the court
shall give an order: (a) issuing the writ; and (b) requiring the respondent to
file a verified return as provided in Section 8 of this Rule. The clerk of court
shall forthwith issue the writ under the seal of the court including the
issuance of a cease and desist order and other temporary reliefs effective
until further order.
Section 6. How the writ is served. - The writ shall be served upon the
respondent by a court officer or any person deputized by the court, who shall
retain a copy on which to make a return of service. In case the writ cannot be
served personally, the rule on substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court
who unduly delays or refuses to issue the writ after its allowance or a court
officer or deputized person who unduly delays or refuses to serve the same
shall be punished by the court for contempt without prejudice to other civil,
criminal or administrative actions.
Section 8. Return of respondent; contents. - Within a non-extendible period
of ten (10) days after service of the writ, the respondent shall file a verified
return which shall contain all defenses to show that respondent did not
violate or threaten to violate, or allow the violation of any environmental
law, rule or regulation or commit any act resulting to environmental damage
of such magnitude as to prejudice the life, health or property of inhabitants
in two or more cities or provinces. All defenses not raised in the return shall
be deemed waived. The return shall include affidavits of witnesses,
documentary evidence, scientific or other expert studies, and if possible,
object evidence, in support of the defense of the respondent. A general
denial of allegations in the petition shall be considered as an admission
thereof.
Section 9. Prohibited pleadings and motions. - The following pleadings and
motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the respondent fails to file
a return, the court shall proceed to hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of the respondent, the
court may call a preliminary conference to simplify the issues, determine the
possibility of obtaining stipulations or admissions from the parties, and set
the petition for hearing. The hearing including the preliminary conference
shall not extend beyond sixty (60) days and shall be given the same priority
as petitions for the writs of habeas corpus, amparo and habeas data.
Section 12. Discovery Measures. - A party may file a verified motion for the
following reliefs:
(a) Ocular Inspection; order — The motion must show that an ocular
inspection order is necessary to establish the magnitude of the violation
or the threat as to prejudice the life, health or property of inhabitants
in two or more cities or provinces. It shall state in detail the place or
places to be inspected. It shall be supported by affidavits of witnesses
having personal knowledge of the violation or threatened violation of
environmental law.
After hearing, the court may order any person in possession or control of a
designated land or other property to permit entry for the purpose of
inspecting orphotographing the property or any relevant object or
operation thereon.
The order shall specify the person or persons authorized to make the
inspection and the date, time, place and manner of making the
inspection and may prescribe other conditions to protect the
constitutional rights of all parties.
(b) Production or inspection of documents or things; order – The motion
must show that a production order is necessary to establish the
magnitude of the violation or the threat as to prejudice the life, health
or property of inhabitants in two or more cities or provinces.
After hearing, the court may order any person in possession, custody or
control of any designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, or objects in digitized or
electronic form, which constitute or contain evidence relevant to the
petition or the return, to produce and permit their inspection, copying
or photographing by or on behalf of the movant.
The production order shall specify the person or persons authorized to make
the production and the date, time, place and manner of making the
inspection or production and may prescribe other conditions to protect the
constitutional rights of all parties.
Section 13. Contempt. - The court may after hearing punish the respondent
who refuses or unduly delays the filing of a return, or who makes a false
return, or any person who disobeys or resists a lawful process or order of the
court for indirect contempt under Rule 71 of the Rules of Court.
Section 14. Submission of case for decision; filing of memoranda. - After
hearing, the court shall issue an order submitting the case for decision. The
court may require the filing of memoranda and if possible, in its electronic
form, within a non-extendible period of thirty (30) days from the date the
petition is submitted for decision.
Section 15. Judgment. - Within sixty (60) days from the time the petition is
submitted for decision, the court shall render judgment granting or denying
the privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are the following:
(a) Directing respondent to permanently cease and desist from committing
acts or neglecting the performance of a duty in violation of
environmental laws resulting in environmental destruction or damage;
(b) Directing the respondent public official, government agency, private
person or entity to protect, preserve, rehabilitate or restore the
environment;
(c) Directing the respondent public official, government agency, private
person or entity to monitor strict compliance with the decision and
orders of the court;
(d) Directing the respondent public official, government agency, or private
person or entity to make periodic reports on the execution of the final
judgment; and
(e) Such other reliefs which relate to the right of the people to a balanced
and healthful ecology or to the protection, preservation, rehabilitation
or restoration of the environment, except the award of damages to
individual petitioners.
Section 16. Appeal. - Within fifteen (15) days from the date of notice of the
adverse judgment or denial of motion for reconsideration, any party may
appeal to the Supreme Court under Rule 45 of the Rules of Court. The appeal
may raise questions of fact.
Section 17. Institution of separate actions. - The filing of a petition for the
issuance of the writ of kalikasan shall not preclude the filing of separate civil,
criminal or administrative actions.
RULE 8
WRIT OF CONTINUING MANDAMUS
Section 1. Petition for continuing mandamus. - When any agency or
instrumentality of the government or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting
from an office, trust or station in connection with the enforcement or
violation of an environmental law rule or regulation or a right therein, or
unlawfully excludes another from the use or enjoyment of such right and
there is no other plain, speedy and adequate remedy in the ordinary course
of law, the person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty, attaching thereto supporting
evidence, specifying that the petition concerns an environmental law, rule or
regulation, and praying that judgment be rendered commanding the
respondent to do an act or series of acts until the judgment is fully satisfied,
and to pay damages sustained by the petitioner by reason of the malicious
neglect to perform the duties of the respondent, under the law, rules or
regulations. The petition shall also contain a sworn certification of non-forum
shopping.
Section 2. Where to file the petition. - The petition shall be filed with the
Regional Trial Court exercising jurisdiction over the territory where the
actionable neglect or omission occurred or with the Court of Appeals or the
Supreme Court.
Section 3. No docket fees. - The petitioner shall be exempt from the payment
of docket fees.
Section 4. Order to comment. - If the petition is sufficient in form and
substance, the court shall issue the writ and require the respondent to
comment on the petition within ten (10) days from receipt of a copy thereof.
Such order shall be served on the respondents in such manner as the court
may direct, together with a copy of the petition and any annexes thereto.
Section 5. Expediting proceedings; TEPO. - The court in which the petition is
filed may issue such orders to expedite the proceedings, and it may also
grant a TEPO for the preservation of the rights of the parties pending such
proceedings.
Section 6. Proceedings after comment is filed. - After the comment is filed or
the time for the filing thereof has expired, the court may hear the case which
shall be summary in nature or require the parties to submit memoranda. The
petition shall be resolved without delay within sixty (60) days from the date
of the submission of the petition for resolution.
Section 7. Judgment. - If warranted, the court shall grant the privilege of the
writ of continuing mandamus requiring respondent to perform an act or
series of acts until the judgment is fully satisfied and to grant such other
reliefs as may be warranted resulting from the wrongful or illegal acts of the
respondent. The court shall require the respondent to submit periodic
reports detailing the progress and execution of the judgment, and the court
may, by itself or through a commissioner or the appropriate government
agency, evaluate and monitor compliance. The petitioner may submit its
comments or observations on the execution of the judgment.
Section 8. Return of the writ. - The periodic reports submitted by the
respondent detailing compliance with the judgment shall be contained in
partial returns of the writ. Upon full satisfaction of the judgment, a final
return of the writ shall be made to the court by the respondent. If the court
finds that the judgment has been fully implemented, the satisfaction of
judgment shall be entered in the court docket.
 PART IV
CRIMINAL PROCEDURE
RULE 9
PROSECUTION OF OFFENSES
Section 1. Who may file. - Any offended party, peace officer or any public
officer charged with the enforcement of an environmental law may file a
complaint before the proper officer in accordance with the Rules of Court.
Section 2. Filing of the information. - An information, charging a person with
a violation of an environmental law and subscribed by the prosecutor, shall
be filed with the court.
Section 3. Special prosecutor. - In criminal cases, where there is no private
offended party, a counsel whose services are offered by any person or
organization may be allowed by the court as special prosecutor, with the
consent of and subject to the control and supervision of the public
prosecutor.
RULE 10
PROSECUTION OF CIVIL ACTIONS
Section 1. Institution of criminal and civil actions. - When a criminal action is
instituted, the civil action for the recovery of civil liability arising from the
offense charged, shall be deemed instituted with the criminal action unless
the complainant waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action. Unless the
civil action has been instituted prior to the criminal action, the reservation of
the right to institute separately the civil action shall be made during
arraignment.
In case civil liability is imposed or damages are awarded, the filing and other
legal fees shall be imposed on said award in accordance with Rule 141 of the
Rules of Court, and the fees shall constitute a first lien on the judgment
award. The damages awarded in cases where there is no private offended
party, less the filing fees, shall accrue to the funds of the agency charged with
the implementation of the environmental law violated. The award shall be
used for the restoration and rehabilitation of the environment adversely
affected.
RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A peace officer or an
individual deputized by the proper government agency may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is
actually committing or is attempting to commit an offense; or
(b) When an offense has just been committed, and he has probable cause
to believe based on personal knowledge of facts or circumstances that
the person to be arrested has committed it. Individuals deputized by
the proper government agency who are enforcing environmental laws
shall enjoy the presumption of regularity under Section 3(m), Rule 131
of the Rules of Court when effecting arrests for violations of
environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall
be accompanied by a certified true copy of the information filed with the
issuing court.
RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS
Section 1. Custody and disposition of seized items. - The custody and
disposition of seized items shall be in accordance with the applicable laws or
rules promulgated by the concerned government agency.
Section 2. Procedure. - In the absence of applicable laws or rules
promulgated by the concerned government agency, the following procedure
shall be observed:
(a) The apprehending officer having initial custody and control of the
seized items, equipment, paraphernalia, conveyances and instruments
shall physically inventory and whenever practicable, photograph the
same in the presence of the person from whom such items were seized.
(b) Thereafter, the apprehending officer shall submit to the issuing court
the return of the search warrant within five (5) days from date of
seizure or in case of warrantless arrest, submit within five (5) days from
date of seizure, the inventory report, compliance report, photographs,
representative samples and other pertinent documents to the public
prosecutor for appropriate action.
(c) Upon motion by any interested party, the court may direct the auction
sale of seized items, equipment, paraphernalia, tools or instruments of
the crime. The court shall, after hearing, fix the minimum bid price
based on the recommendation of the concerned government agency.
The sheriff shall conduct the auction.
(d) The auction sale shall be with notice to the accused, the person from
whom the items were seized, or the owner thereof and the concerned
government agency.
(e) The notice of auction shall be posted in three conspicuous places in the
city or municipality where the items, equipment, paraphernalia, tools
or instruments of the crime were seized.
(f) The proceeds shall be held in trust and deposited with the government
depository bank for disposition according to the judgment.
RULE 13
PROVISIONAL REMEDIES
Section 1. Attachment in environmental cases. - The provisional remedy of
attachment under Rule 127 of the Rules of Court may be availed of in
environmental cases.
Section 2. Environmental Protection Order (EPO); Temporary Environmental
Protection Order (TEPO) in criminal cases. - The procedure for and issuance of
EPO and TEPO shall be governed by Rule 2 of these Rules.
RULE 14
BAIL
Section 1. Bail, where filed. - Bail in the amount fixed may be filed with the
court where the case is pending, or in the absence or unavailability of the
judge thereof, with any regional trial judge, metropolitan trial judge,
municipal trial judge or municipal circuit trial judge in the province, city or
municipality. If the accused is arrested in a province, city or municipality
other than where the case is pending, bail may also be filed with any
Regional Trial Court of said place, or if no judge thereof is available, with any
metropolitan trial judge, municipal trial judge or municipal circuit trial judge
therein. If the court grants bail, the court may issue a hold-departure order in
appropriate cases.
Section 2. Duties of the court. - Before granting the application for bail, the
judge must read the information in a language known to and understood by
the accused and require the accused to sign a written undertaking, as
follows:
(a) To appear before the court that issued the warrant of arrest for
arraignment purposes on the date scheduled, and if the accused fails to
appear without justification on the date of arraignment, accused waives
the reading of the information and authorizes the court to enter a plea
of not guilty on behalf of the accused and to set the case for trial;
(b) To appear whenever required by the court where the case is pending;
and
(c) To waive the right of the accused to be present at the trial, and upon
failure of the accused to appear without justification and despite due
notice, the trial may proceed in absentia.
RULE 15
ARRAIGNMENT AND PLEA
Section 1. Arraignment. - The court shall set the arraignment of the accused
within fifteen (15) days from the time it acquires jurisdiction over the
accused, with notice to the public prosecutor and offended party or
concerned government agency that it will entertain plea-bargaining on the
date of the arraignment.
Section 2. Plea-bargaining. - On the scheduled date of arraignment, the court
shall consider plea-bargaining arrangements. Where the prosecution and
offended party or concerned government agency agree to the plea offered
by the accused, the court shall:
(a) Issue an order which contains the plea-bargaining arrived at;
(b) Proceed to receive evidence on the civil aspect of the case, if any; and
(c) Render and promulgate judgment of conviction, including the civil
liability for damages.
RULE 16
PRE-TRIAL
Section 1. Setting of pre-trial conference. - After the arraignment, the court
shall set the pre-trial conference within thirty (30) days. It may refer the case
to the branch clerk of court, if warranted, for a preliminary conference to be
set at least three (3) days prior to the pre-trial.
Section 2. Preliminary conference. - The preliminary conference shall be for
the following purposes:
(a) To assist the parties in reaching a settlement of the civil aspect of the
case;
(b) To mark the documents to be presented as exhibits;
(c) To attach copies thereof to the records after comparison with the
originals;
(d) To ascertain from the parties the undisputed facts and admissions on
the genuineness and due execution of documents marked as exhibits;
(e) To consider such other matters as may aid in the prompt disposition of
the case;
(f) To record the proceedings during the preliminary conference in the
Minutes of Preliminary Conference to be signed by the parties and
counsel;
(g) To mark the affidavits of witnesses which shall be in question and
answer form and shall constitute the direct examination of the
witnesses; and
(h) To attach the Minutes and marked exhibits to the case record before
the pre-trial proper. The parties or their counsel must submit to the
branch clerk of court the names, addresses and contact numbers of the
affiants.
Section 3. Pre-trial duty of the judge. - During the pre-trial, the court shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary conference as part of the pre-
trial proceedings, confirm markings of exhibits or substituted
photocopies and admissions on the genuineness and due execution of
documents, and list object and testimonial evidence;
(c) Scrutinize the information and the statements in the affidavits and
other documents which form part of the record of the preliminary
investigation together with other documents identified and marked as
exhibits to determine further admissions of facts as to:
i. The court’s territorial jurisdiction relative to the offense(s) charged;
ii. Qualification of expert witnesses; and
iii. Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates and adhere to the flow
chart determined by the court which shall contain the time frames for
the different stages of the proceeding up to promulgation of decision;
(f) Require the parties to submit to the branch clerk of court the names,
addresses and contact numbers of witnesses that need to be
summoned by subpoena; and
(g) Consider modification of order of trial if the accused admits the charge
but interposes a lawful defense.
rehabilitation of the environment. The party filing the action assailed as a
SLAPP shall prove by preponderance of evidence that the action is not a
SLAPP.
Section 3. Resolution. - The court shall grant the motion if the accused
establishes in the summary hearing that the criminal case has been filed with
intent to harass, vex, exert undue pressure or stifle any legal recourse that
any person, institution or the government has taken or may take in the
enforcement of environmental laws, protection of the environment or
assertion of environmental rights.If the court denies the motion, the court
shall immediately proceed with the arraignment of the accused.
PART V
EVIDENCE
RULE 20
PRECAUTIONARY PRINCIPLE
Section 1. Applicability. - When there is a lack of full scientific certainty in
establishing a causal link between human activity and environmental effect,
the court shall apply the precautionary principle in resolving the case before
it. The constitutional right of the people to a balanced and healthful ecology
shall be given the benefit of the doubt.

Section 4. Manner of questioning. - All questions or statements must be
directed to the court.
Section 5. Agreements or admissions. - All agreements or admissions made or
entered during the pre-trial conference shall be reduced in writing and
signed by the accused and counsel; otherwise, they cannot be used against
the accused. The agreements covering the matters referred to in Section 1,
Rule 118 of the Rules of Court shall be approved by the court.
Section 6. Record of proceedings. - All proceedings during the pre-trial shall
be recorded, the transcripts prepared and the minutes signed by the parties
or their counsels.
Section 7. Pre-trial order. - The court shall issue a pre-trial order within ten
(10) days after the termination of the pre-trial, setting forth the actions taken
during the pre-trial conference, the facts stipulated, the admissions made,
evidence marked, the number of witnesses to be presented and the schedule
of trial. The order shall bind the parties and control the course of action
during the trial.
Section 2. Standards for application. - In applying the precautionary principle,
the following factors, among others, may be considered: (1) threats to
human life or health; (2) inequity to present or future generations; or (3)
prejudice to the environment without legal consideration of the
environmental rights of those affected.
RULE 21
DOCUMENTARY EVIDENCE
Section 1. Photographic, video and similar evidence. - Photographs, videos
and similar evidence of events, acts, transactions of wildlife, wildlife by-
products or derivatives, forest products or mineral resources subject of a
case shall be admissible when authenticated by the person who took the
same, by some other person present when said evidence was taken, or by
any other person competent to testify on the accuracy thereof.
Section 2. Entries in official records. - Entries in official records made in the
performance of his duty by a public officer of the Philippines, or by a person
in performance of a duty specially enjoined by law, are prima facie evidence
of the facts therein stated.

RULE 17
TRIAL
Section 1. Continuous trial. - The court shall endeavor to conduct continuous
trial which shall not exceed three (3) months from the date of the issuance of
the pre-trial order.

Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of direct

examination shall be used, subject to cross-examination and the right to
object to inadmissible portions of the affidavit.

Section 3. Submission of memoranda. - The court may require the parties to

submit their respective memoranda and if possible, in electronic form, within
a non-extendible period of thirty (30) days from the date the case is
submitted for decision. With or without any memoranda filed, the court shall
have a period of sixty (60) days to decide the case counted from the last day
of the 30-day period to file the memoranda.

Section 4. Disposition period. - The court shall dispose the case within a
period of ten (10) months from the date of arraignment.

Section 5. Pro bono lawyers. - If the accused cannot afford the services of
counsel or there is no available public attorney, the court shall require the
Integrated Bar of the Philippines to provide pro bono lawyers for the
accused.

RULE 18
SUBSIDIARY LIABILITY
Section 1. Subsidiary liability. - In case of conviction of the accused and
subsidiary liability is allowed by law, the court may, by motion of the person
entitled to recover under judgment, enforce such subsidiary liability against a
person or corporation subsidiary liable under Article 102 and Article 103 of
the Revised Penal Code.

RULE 19
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL CASES

Section 1. Motion to dismiss. - Upon the filing of an information in court and

before arraignment, the accused may file a motion to dismiss on the ground
that the criminal action is a SLAPP.

Section 2. Summary hearing. - The hearing on the defense of a SLAPP shall be

summary in nature. The parties must submit all the available evidence in
support of their respective positions. The party seeking the dismissal of the
case must prove by substantial evidence that his acts for the enforcement of
environmental law is a legitimate action for the protection, preservation and