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Black's Law Definition of Natural Resources
Black's Law Definition of Natural Resources
Black’s first definition in his 7th ed. is “any material from nature The State shall protect the nation's marine wealth in its
having potential economic value or providing for the sustenance archipelagic waters, territorial sea, and exclusive economic zone,
of life, such as timber, minerals, oil, water and wildlife.” The and reserve its use and enjoyment exclusively to Filipino citizens.
second definition is “environmental features that serve a
community’s well-being or recreational interests, such as parks.” The Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming,
Black’s (Sixth edition, 1990), defined natural resources as “any with priority to subsistence fishermen and fish- workers in rivers,
material in its native state which when extracted has economic lakes, bays, and lagoons.
value.” Basically it states that for a substance or feature to be
classified as a natural resource, it must offer potential or actual The President may enter into agreements with foreign-owned
economic value, creating wealth. 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
Definition of Natural Resources : Other Websites and conditions provided by law, based on real contributions to the
economic growth and general welfare of the country. In such
Natural resource is any naturally occurring substance or feature agreements, the State shall promote the development and use of
of the environment (physical or biological) that, while not created local scientific and technical resources.
by human effort, can be exploited by humans to satisfy their
needs or wants. Many of such resources are our life line such as
water, air and solar radiation, which are essential elements for the The Concept of Jure Regalia (Regalian Doctrine)
existence of all the flora and fauna.
This principle means that all natural wealth - agricultural, forest or
Two basic conditions for a substance or feature to be classified as timber, and mineral lands of the public domain and all other
a natural resource: First, the resource must exist naturally in the natural resources belong to the State. Thus, even if the private
environment; that is, not synthetically produced by human beings, person owns the property where minerals are discovered, his
such as in a laboratory or factory. Second, the resource must be ownership for such does not give him the right to extract or utilize
able to be exploited by humans to directly satisfy a need or want. said minerals without permission from the state to which such
minerals belong.
Natural resources may either be:
a) Biotic resources which are derived from biosphere The abovementioned provision provides that except for
such as the forests, marine organism, animals, birds agricultural lands for public domain which alone may be
and their products including mineral fuels come in this alienated, forest or timber, and mineral lands, as well as all other
category, or natural resources must remain with the State, the exploration,
b) Abiotic which includes water, air, land and elemental development and utilization of which shall be subject to its full
ores such as gold, silver, copper, iron etc. control and supervision albeit allowing it to enter into
coproduction, joint venture or production-sharing agreements, or
It may also be either be renewable and non-renewable resources. into agreements with foreign-owned corporations involving
A renewable resource grows again or comes back again after we technical or financial assistance for large-scale exploration,
use it. For example, sunlight, water, and trees are renewable development, and utilization
resources. A non-renewable resource is a resource that does not
grow or come back, or a resource that would take a very long time Cases
to come back. For example, coal is a non-renewable resource.
1. Cruz vs. Secretary of Environment and Natural
Resource (2000)
Regalian Doctrine
Facts:
Art XII, Sec. 2 of the 1987 Constitution
Petitioners Isagani Cruz and Cesar Europa filed a case
All lands of the public domain, waters, minerals, coal, petroleum, for prohibition and mandamus as citizen and
and other mineral oils, all forces of potential energy, fisheries, taxpayers, assailing the constitutionality of certain
forests or timber, wildlife, flora and fauna, and other natural provisions of the Indigenous Peoples Rights Act (IPRA)
resources are owned by the State. With the exception of and its implementing Rules on ground that they
agricultural lands, all other natural resources shall not be amount to an unlawful deprivation of the State’s
alienated. The exploration, development, and utilization of ownership over lands of public domain and minerals
natural resources shall be under the full control and supervision of and other natural resources, in violation of the
the State. The State may directly undertake such activities, or it Regalian doctrine.
may enter into co-production, joint venture, or production- o They likewise contend that providing an all-
sharing agreements with Filipino citizens, or corporations or encompassing definition of “ancestral
associations at least sixty per centum of whose capital is owned by domain” and “ancestral lands” which might
such citizens. Such agreements may be for a period not exceeding even include private lands within the areas
twenty-five years, renewable for not more than twenty-five years, violate the rights of private land owners.
o Petitioners likewise contend that provisions there was no law in force in the Philippines by which
of the IPRA defining the jurisdiction and plaintiffs could obtain ownership by prescription,
powers of the NCIP violate due process of without any action of the State, otherwise the same
law. shall remain the property of the State. Thus, it required
o Lastly, petitioners assail the validity of NCIP settlers on public lands to obtain titles deeds from the
Administrative Order No. 1 which provides State.
that the administrative relationship of the
NCIP to the Office of the President (OP) as C. Public Land Acts and the Torrens System
lateral and autonomous relationship for
purposes of policy coordination, thereby Act No. 926, the first Public Land Act, was passed in
infringing upon the President’s power of pursuance with the Philippine Bill of 1902, governing
control over the executive department. the disposition of land of public domain. It prescribe
rules for the homesteading, selling and leasing of
A groups of intervenors, including Sen. Flavier, one of portions of the public domain, and to enable persons
the authors of the IPRA and members of 112 groups of to perfect their titles to public lands. It also provided
indigenous peoples prayed for the dismissal of the for the issuance of patents to certain native settlers
petition. upon public lands.
The Commission of Human Rights likewise asserts that
IPRA is an expression of the principle of parens patriae Act No. 926 was superseded by the Act 2874, the
and that the State has the responsibility to protect the second Public Land Act, passed under the Jones Law. it
rights of the indigenous peoples. limited the exploitation of agricultural lands to Filipinos
and Americans and citizens of other countries which
Decision: gave the Filipinos the same privileges.
The votes of the Court are split where 7 voted to dismiss the It was amended by Commonwealth Act No. 141which
petition and 7 voted to grant. As the votes were equally divided remains the present Public Land Law.
and the necessary majority was not obtained, the petition was
dismissed. Grants of public land were brought under the
operation of the Torrens System under Act 496 which
placed all public and private lands in the Philippines
SEPARATE OPINION (Justice Puno) under the Torrens system, requiring that the
government issue an official certificate of title attesting
I. The Development of the Regalian Doctrine in the Philippine to the fact that the person named is the owner of the
Legal System property described.
This case answered the question of which is the better Indigenous Cultural Communities or Indigenous Peoples
basis for ownership of land: long-time occupation or (ICCs/ IPs) refer to a group of people who have continuously
paper title. lived as an organized community on communally bounded
and defined territory. These groups of peoples have actually
In this case, plaintiffs entered into peaceful occupation occupied, possessed and utilized their territories under claim
of the subject land while defendants ourchased the of ownership since time immemorial.
land in 1892. The Court ruled that from 1860 to 1892
Their unit of government is the barangay. In a baranganic
society, the chiefs administered the lands in the name of the The delineation of ancestral domains and lands is conferred
barangay, there was no private property in land. When Islam on the NCIP who shall issue a Certificate of Ancestral
was introduced in the country in the archipelago of Domain (CADT) upon finding that the application is
Maguindanao, the Sultanate of Sulu claimed jurisdiction meritorious, in the name of the community. Ancestral Lands
over territorial areas. outside the ancestral domain, the NCIP issues a Certificate of
Land Title (CALT). The CALTs and CADTs shall be registered in
When Spaniards settled in the Philippines, Spanish the Register of Deeds in the place where property is
missionaries were ordered to establish pueblos where situated.
church would be constructed. All the new Christian converts
were required to construct their house around the church. B. Carino vs. Insular Government
All lands lost by the old barangays in the process of pueblo
organization and all lands not assigned to the pueblos were On June 23, 1903, Mateo Cariňo went to the Court of Land
declared to be lands of the Crown., and the natives were Registration to petition his inscription as the owner of a 146
stripped of their ancestral rights to the lands. hectare land he’s been possessing in the then municipality of
Baguio. Mateo only presented possessory information and no
The American government classified the Filipinos into two: other documentation. The State opposed the petition averring
Christian Filipinos and non-Christian Filipinos, not to that the land is part of the US military reservation. The CLR ruled
religious belief, but to geographical area, the latter referring in favor of Mateo. The State appealed. Mateo lost. Mateo averred
to natives of the Philippines of a low grade of civilization, that a grant should be given to him by reason of immemorial use
usually living in tribal relationship. The Americans pursued a and occupation.
policy of assimilation. They passed Act No. 253 creating the
bureau of Non-Christian Tribes to determine the most The US SC ruled in favor of Carino and ordered the registration of
practicable means for bring about their advancement. the subject lands in his name. The court laid down the
presumption of a certain title held as far back as memory went
The 1935 Constitution did not carry any policy on the non- and under a claim of private ownership. Land held by this title is
Christian Filipinos. It was in the 1973 Constitution that the presumed to never have been public land. The registration
State recognized the customs and interest of national requirement was not to “confer title, but simply to establish it”. In
cultural communities in the formulation of state policies. a nutshell, Cariño enunciated the legal presumption that ancestral
lands and domains were not part of the public domain, having
In 1974, President Marcos promulgated PD 410 or the maintained their character as private lands of the indigenous
Ancestral Lands Decree, providing for the issuance of land peoples since time immemorial
occupancy certificates to members of the national cultural
communities. Why Carino doctrine is unique?
Carino is the only case that specifically recognizes native title.
The Aquino government shifted from the policy of Carino was cited by succeeding cases to support the concept of
integration to one of preservation. She created the Office of acquisitive prescription under the Public Land Act
Muslim Affairs, Office of Northern Cultural Communities and
the Office for Southern Cultural Communities all under the
OP. Other Separate Opinions:
1. "[T]hree partially reclaimed and substantially eroded 3. Since the Amended JVA seeks to transfer to AMARI,
islands along Emilio Aguinaldo Boulevard in Paranaque a private corporation, ownership of 77.34 hectares of
and Las Pinas, Metro Manila, with a combined titled the Freedom Islands, such transfer is void for being
area of 1,578,441 square meters;" contrary to Section 3, Article XII of the 1987
Constitution which prohibits private corporations from
1 acquiring any kind of alienable land of the public
Two subsequent motions for reconsideration was filed and were
domain.
denied.
4. Since the Amended JVA also seeks to transfer to o RBI is expected to fully finance the
AMARI ownership of 290.156 hectares of still development of Smokey Mountain and
submerged areas of Manila Bay, such transfer is void reclaim 40 hectares of the land at the
for being contrary to Section 2, Article XII of the 1987 Manila Bay Area.
Constitution which prohibits the alienation of natural o The latter together with the commercial
resources other than agricultural lands of the public area to be built on Smokey Mountain will
domain. PEA may reclaim these submerged areas. be owned by RBI as enabling components.
Thereafter, the government can classify the reclaimed If the project is revoked or terminated by
lands as alienable or disposable, and further declare the Government through no fault of RBI or
them no longer needed for public service. Still, the by mutual agreement, the Government
transfer of such reclaimed alienable lands of the public shall compensate RBI for its actual expenses
domain to AMARI will be void in view of Section 3, incurred in the Project plus a reasonable
Article XII of the 1987 Constitution which prohibits rate of return not exceeding that stated in
private corporations from acquiring any kind of the feasibility study and in the contract as
alienable land of the public domain. of the date of such revocation, cancellation,
or termination on a schedule to be agreed
Clearly, the Amended JVA violates glaringly Sections 2 and 3, upon by both parties.
Article XII of the 1987 Constitution. Under Article 1409 of the Civil To summarize, the SMDRP shall consist of Phase I and
Code, contracts whose "object or purpose is contrary to law," or Phase II.
whose "object is outside the commerce of men," are "inexistent o Phase I of the project involves clearing,
and void from the beginning." The Court must perform its duty to levelling-off the dumpsite, and construction
defend and uphold the Constitution, and therefore declares the of temporary housing units for the current
Amended JVA null and void ab initio. residents on the cleared and levelled site.
o Phase II involves the construction of a
fenced incineration area for the on-site
disposal of the garbage at the dumpsite.
3. Chavez vs. National Housing Authority (2007) Due to the recommendations done by the DENR after
evaluations done, the JVA was amended and restated
Facts: (now ARJVA) to accommodate the design changes and
On August 5, 2004, former Solicitor General Francisco additional work to be done to successfully implement
Chavez, filed an instant petition raising constitutional the project.
issues on the JVA entered by National Housing o The original 3,500 units of temporary
Authority and R-II Builders, Inc. housing were decreased to 2,992. The
On March 1, 1988, then-President Cory Aquino issued reclaimed land as enabling component was
Memorandum order No. (MO) 161 approving and increased from 40 hectares to 79 hectares,
directing implementation of the Comprehensive and which was supported by the issuance of
Integrated Metropolitan Manila Waste Management Proclamation No. 465 by President Ramos.
Plan. The revision also provided for the 119-
o During this time, Smokey Mountain, a hectare land as an enabling component for
wasteland in Tondo, Manila, are being Phase II of the project.
made residence of many Filipinos living in a Subsequently, the Clean Air Act was passed by the
subhuman state. legislature which made the establishment of an
As presented in MO 161, NHA prepared feasibility incinerator illegal, making the off-site dumpsite at
studies to turn the dumpsite into low-cost housing Smokey Mountain necessary.
project, thus, Smokey Mountain Development and On August 1, 1998, the project was suspended, to be
Reclamation Project (SMDRP), came into place. RA later reconstituted by President Estrada in MO No. 33.
6957 (Build-Operate-Transfer Law) was passed on July On August 27, 2003, the NHA and RBI executed a
1990 declaring the importance of private sectors as Memorandum of Agreement whereby both parties
contractors in government projects. agreed to terminate the JVA and subsequent
Thereafter, Aquino proclaimed MO 415 applying RA agreements.
6957 to SMDRP, among others. o During this time, NHA reported that 34
o The same MO also established EXECOM and temporary housing structures and 21
TECHCOM in the execution and evaluation permanent housing structures had been
of the plan, respectively, to be assisted by turned over by RBI.
the Public Estates Authority (PEA).
Notices of public bidding to become NHA’s venture Issues:
partner for SMDRP were published in newspapers in 1. Whether respondents NHA and RBI have been granted
1992, from which R-II Builders, Inc. (RBI) won the the power and authority to reclaim lands of the public
bidding process. domain as this power is vested exclusively in PEA as
o Then-President Ramos authorized NHA to claimed by petitioner
enter into a Joint Venture Agreement with 2. Whether respondents NHA and RBI were given the
RBI. power and authority by DENR to reclaim foreshore and
Under the JVA, the project involves the clearing of submerged lands
Smokey Mountain for eventual development into a low
cost housing complex and industrial/commercial site.
3. Whether respondent RBI can acquire reclaimed 5. Letter I of Sec. 6 of PD 757 clearly states that the NHA
foreshore and submerged lands considered as can acquire property rights and interests and
alienable and outside the commerce of man encumber or otherwise dispose of them as it may
deem appropriate.
4. Whether respondent RBI can acquire reclaimed lands
when there was no declaration that said lands are no 6. There is no doubt that respondent NHA conducted a
longer needed for public use public bidding of the right to become its joint venture
partner in the Smokey Mountain Project. It was noted
5. Whether there is a law authorizing sale of reclaimed that notices were published in national newspapers.
lands The bidding proper was done by the Bids and Awards
Committee on May 18, 1992.
6. Whether the transfer of reclaimed lands to RBI was
done by public bidding 7. RA 6957 as amended by RA 7718 explicitly states that a
contractor can be paid “a portion as percentage of the
7. Whether RBI, being a private corporation, is barred by reclaimed land” subject to the constitutional
the Constitution to acquire lands of public domain requirement that only Filipino citizens or corporation
with at least 60% Filipino equity can acquire the same.
8. Whether respondents can be compelled to disclose all In addition, when the lands were transferred to the
information related to the SMDRP NHA, these were considered Patrimonial lands of the
state, by which it has the power to sell the same to any
9. Whether the operative fact doctrine applies to the qualified person.
instant position
8. This relief must be granted. It is the right of the
Filipino people to information on matters of public
Decision: concerned as stated in Article II, Sec. 28, and Article III,
Sec. 7 of the 1987 Constitution.
1. Executive Order 525 reads that the PEA shall be
primarily responsible for integrating, directing, and 9. When the petitioner filed the case, the JVA had already
coordinating all reclamation projects for and on behalf been terminated by virtue of MOA between RBI and
of the National Government. This does not mean that NHA. The properties and rights in question after the
it shall be responsible for all. The requisites for a valid passage of around 10 years from the start of the
and legal reclamation project are approval by the project’s implementation cannot be disturbed or
President (which were provided for by MOs), questioned. The petitioner, being the Solicitor General
favourable recommendation of PEA (which were seen at the time SMDRP was formulated, had ample
as a part of its recommendations to the EXECOM), and opportunity to question the said project, but did not
undertaken either by PEA or entity under contract of do so. The moment to challenge has passed.
PEA or by the National Government Agency (NHA is a
government agency whose authority to reclaim lands
under consultation with PEA is derived under PD 727 4. Republic of the Philippines vs. Celestina Naguiat
and RA 7279). (2006)
In the case at bar, the CA only granted the petition Sustainable development ensures the well-being of the human
because it assumed that the lands in question are already person by integrating social development, economic
alienable and disposable, which is found by the SC to not be in development, and environmental conservation and protection. It
this case. refers to the "interdependent and mutually reinforcing pillars of
sustainable development as economic development, social
development, and environmental protection. As the goal of
Here, respondent never presented the required sustainable development is to permanently improve the living
certification from the proper government agency or official conditions of human beings, social and economic developments
proclamation reclassifying the land applied for as alienable and must be carried out in a way that is environmentally and
disposable. Matters of land classification or reclassification ecologically sound; ensuring the continual rejuvenation and
cannot be assumed. It calls for proof. Aside from tax receipts, availability of natural resources for future generations.
respondent submitted in evidence the survey map and technical
descriptions of the lands, which, needless to state, provided no
information respecting the classification of the property. These
Seven Dimensions of Sustainable Development : From the
Philippine Agenda 21 Agenda 21: an action plan of the United Nations (UN) related
to sustainable development and was an outcome of the United
From the Philippine perspective sustainable development is a Nations Conference on Environment and Development (UNCED)
multidimensional concept, involving no less than seven held in Rio de Janeiro, Brazil, in 1992. It is a comprehensive
dimensions. Sustainable development is viewed as the mutually blueprint of action to be taken globally, nationally and locally by
beneficial interaction between the legitimate interests of business organizations of the UN, governments, and major groups in every
and the economy, government and the polity, and civil society area in which humans directly affect the environment.
and culture.
From this perspective, five dimensions of sustainable Development of Agenda 21: The full text of Agenda 21 was
development are clearly visible. These are—the human being, revealed at the United Nations Conference on Environment and
culture, polity, economy, and Nature. Development (Earth Summit), held in Rio de Janeiro on June 13,
1992, where 178 governments voted to adopt the program. The
final text was the result of drafting, consultation and negotiation,
Article II, Sec. 16 of 1987 Constitution beginning in 1989 and culminating at the two-week conference.
The number 21 refers to an agenda for the 21st century. It may
The State shall protect and advance the right of the people to a also refer to the number on the UN's agenda at this particular
balanced and healthful ecology in accord with the rhythm and summit.
harmony of nature.
Rio+5: In 1997, the General Assembly of the UN held a special
Does Sec. 16 provide for enforceable rights? session to appraise five years of progress on the implementation
of Agenda 21 (Rio +5). The Assembly recognized progress as
Yes. The provision, as worded, recognizes an enforceable “right”. 'uneven' and identified key trends including
Hence, appeal to it has been recognized as conferring “standing” increasing globalization, widening inequalities in income and a
on minors to challenge logging policies of the government (Oposa continued deterioration of the global environment. A new
vs. Factoran). On this basis too, the Supreme Court upheld the General Assembly Resolution (S-19/2) promised further action.
empowerment of the Laguna Lake Development Authority to
protect the inhabitants of the Laguna Lake Area from the The Johannesburg Summit: The Johannesburg Plan of
deleterious effects of pollutants coming from garbage dumping Implementation, agreed at the World Summit on Sustainable
and the discharge of wastes in the area as against the local Development (Earth Summit 2002) affirmed UN commitment to
autonomy claim of local governments in the area (Laguna Lake 'full implementation' of Agenda 21, alongside achievement of
Development Authority vs. CA) the Millennium Development Goals and other international
agreements.
While the right to a balanced and healthful ecology is to be found
under the Declaration of Principles and State Policies and not Implementation: The Commission on Sustainable
under the Bill of Rights, it does not follow that it is less important Development acts as a high level forum on sustainable
than any of the civil and political rights enumerated in the latter. development and has acted as preparatory committee for
As a matter of fact, these basic rights need not even be written in summits and sessions on the implementation of Agenda 21. The
the Constitution for they are assumed to exist from the inception United Nations Division for Sustainable Development acts as the
of humankind. The right to a balanced and healthful ecology secretariat to the Commission and works 'within the context of'
carries with it the correlative duty to refrain from impairing the Agenda 21. Implementation by member states remains essentially
environment. voluntary.
Section 16 is unusual among those found in Article II in that, Structure and Contents:
whereas almost all the other provisions in the Article are not self- There are 40 chapters in the Agenda 21, divided into four main
executing but need implementing legislation to make them sections.
effective, Section 16 has been recognized by the Supreme Court 1. Section I: Social and Economic Dimensions - which
as self-executing like the provisions in the Bill of Rights. deals with combating poverty, changing consumption
patterns, promoting health, change population and
sustainable settlement.
AGENDA 21 2. Section II: Conservation and Management of
Resources for Development - Includes atmospheric
Commission [formally the World Commission on Environment protection, combating deforestation, protecting fragile
and Development (WCED)]: environments, conservation of biological diversity
(biodiversity), and control of pollution.
It was known by the name of its Chair Gro Harlem Brundtland 3. Section III: Strengthening the Role of Major Groups -
(former Norwegian Prime Minister), and was convened by Includes the roles of children and youth, women,
the United Nations in 1983. The commission was created to NGOs, local authorities, business and workers.
address growing concern "about the accelerating deterioration of
the human environment and natural resources and the 4. Section IV: Means of Implementation -
consequences of that deterioration for economic and social Implementation includes science, technology
development." In establishing the commission, the UN General transfer, education, international institutions and
Assembly recognized that environmental problems were global in financial mechanisms.
nature and determined that it was in the common interest of all
nations to establish policies for sustainable development. Local Agenda 21: The implementation of Agenda 21 was intended
to involve action at international, national, regional and local
levels. Some national and state governments have legislated or
advised that local authorities take steps to implement the plan
locally, as recommended in Chapter 28 of the document. Such
programmes are often known as 'Local Agenda 21' or 'LA21'.
(j) “Global Warming” refers to the increase in the Section 5. Composition of the Commission. – The Commission
average temperature of the Earth’s near-surface air shall be composed of the President of the Republic of the
and oceans that is associated with the increased Philippines who shall serve as the Chairperson, and three (3)
concentration of greenhouse gases in the atmosphere. Commissioners to be appointed by the President, one of whom
shall serve as the Vice Chairperson of the Commission.
(k) “Greenhouse effect” refers to the process by which
the absorption of infrared radiation by the atmosphere The Commission shall have an advisory board composed of the
warms the Earth. following:
(n) “Mitigation” in the context of climate change, (e) Secretary of the Department of Foreign Affairs;
refers to human intervention to address anthropogenic
emissions by sources and removals by sinks of all GHG, (f) Secretary of the Department of Health;
including ozone- depleting substances and their
substitutes.
(g) Secretary of the Department of the Interior and
Local Government;
(o) “Mitigation potential” shall refer to the scale of
GHG reductions that could be made, relative to
emission baselines, for a given level of carbon price (h) Secretary of the Department of National Defense,
(expressed in cost per unit of carbon dioxide in his capacity as Chair of the National Disaster
equivalent emissions avoided or reduced). Coordinating Council;
(p) “Sea level rise” refers to an increase in sea level (i) Secretary of the Department of Public Works and
which may be influenced by factors like global warming Highways;
through expansion of sea water as the oceans warm
and melting of ice over land and local factors such as (j) Secretary of the Department of Science and
land subsidence. Technology;
(q) “Vulnerability” refers to the degree to which a (k) Secretary of the Department of Social Welfare and
system is susceptible to, or unable to cope with, Development;
adverse effects of climate change, including climate
variability and extremes. Vulnerability is a function of
the character, magnitude, and rate of climate change (l) Secretary of the Department of Trade and Industry;
and variation to which a system is exposed, its
sensitivity, and its adaptive capacity. (m) Secretary of the Department of Transportation and
Communications;
Section 4. Creation of the Climate Change Commission. – There is
hereby established a Climate Change Commission, hereinafter (n) Director-General of the National Economic and
referred to as the Commission. Development Authority, in his capacity as Chair of the
Philippine Council for Sustainable Development;
The Commission shall be an independent and autonomous body
and shall have the same status as that of a national government (o) Director-General of the National Security Council;
agency. It shall be attached to the Office of the President.
(p) Chairperson of the National Commission on the
The Commission shall be the sole policy-making body of the Role of Filipino Women;
government which shall be tasked to coordinate, monitor and
evaluate the programs and action plans of the government
(q) President of the League of Provinces;
relating to climate change pursuant to the provisions of this Act.
(r) President of the League of Cities; Section 8. Climate Change Office. – There is hereby created a
Climate Change Office that shall assist the Commission. It shall be
headed by a Vice Chairperson of the Commission who shall act as
(s) President of the League of Municipalities;
the Executive Director of the Office. The Commission shall have
the authority to determine the number of staff and create
(t) President of the Liga ng mga Barangay; corresponding positions necessary to facilitate the proper
implementation of this Act, subject to civil service laws, rules and
(u) Representative from the academe; regulations. The officers and employees of the Commission shall
be appointed by the Executive Director.
(p) Oversee the dissemination of information on Section 13. National Climate Change Action Plan. – The
climate change, local vulnerabilities and risks, relevant Commission shall formulate a National Climate Change Action
laws and protocols and adaptation and mitigation Plan in accordance with the Framework within one (1) year after
measures. the formulation of the latter.
Section 10. Panel of Technical Experts. – The Commission shall The National Climate Change Action Plan shall include, but not
constitute a national panel of technical experts consisting of limited to, the following components:
practitioners in disciplines that are related to climate change,
including disaster risk reduction. (a) Assessment of the national impact of climate
change;
The Panel shall provide technical advice to the Commission in
climate science, technologies, and best practices for risk (b) The identification of the most vulnerable
assessment and enhancement of adaptive capacity of vulnerable communities/areas, including ecosystems to the
human settlements to potential impacts of climate change. impacts of climate change, variability and extremes;
The Commission shall set the qualifications and compensation for (c) The identification of differential impacts of climate
the technical experts. It shall provide resources for the operations change on men, women and children;
and activities of the Panel.
(d) The assessment and management of risk and
Section 11. Framework Strategy and Program on Climate vulnerability;
Change. – The Commission shall, within six (6) months from the
effectivity of this Act, formulate a Framework Strategy on Climate
Change. The Framework shall serve as the basis for a program for (e) The identification of GHG mitigation potentials; and
climate change planning, research and development, extension,
and monitoring of activities to protect vulnerable communities (f) The identification of options, prioritization of
from the adverse effects of climate change. appropriate adaptation measures for joint projects of
national and local governments.
The Framework shall be formulated based on climate change
vulnerabilities, specific adaptation needs, and mitigation Section 14. Local Climate Change Action Plan. – The LGUs shall be
potential, and in accordance with the international agreements. the frontline agencies in the formulation, planning and
implementation of climate change action plans in their respective
The Framework shall be reviewed every three (3) years, or as may areas, consistent with the provisions of the Local Government
be deemed necessary. Code, the Framework, and the National Climate Change Action
Plan.
Section 19. Joint Congressional Oversight Committee. – There is Executive Order No. 15 : Creating a Philippine Council for
hereby created a Joint Congressional Oversight Committee to Sustainable Development
monitor the implementation of this Act. The Oversight Committee
shall be composed of five (5) Senators and five (5) Representatives
WHEREAS, the 1987 Constitution mandates a policy of the state,
to be appointed by the Senate President and the Speaker of the
the protection and advancement of the right of the people to a
House of Representatives, respectively. The Oversight Committee
balanced and healthful ecology in accordance with the rhythm
shall be co-chaired by a Senator and a Representative to be
and harmony of nature;
designated by the Senate President and the Speaker of the House
of Representatives, respectively. Its funding requirement shall be
charged against the appropriations of Congress. WHEREAS, a National Conservation Strategy, as spelled out in the
Philippine Strategy for Sustainable Development (PSSD), which
was adopted in 1989, takes a balanced and integrated approach
Section 20. Annual Report. – The Commission shall submit to the
to environment and development issues by incorporating
President and to both Houses of Congress, not later than March
sustainable development principles and concepts in the national
30 of every year following the effectivity of this Act, or upon the
priorities of government;
request of the Congressional Oversight Committee, a report giving
a detailed account of the status of the implementation of this Act,
a progress report on the implementation of the National Climate WHEREAS, the Philippines already adhering too the principle of
Change Action Plan and recommend legislation, where applicable sustainable development actively participated in the United
and necessary. LGUs shall submit annual progress reports on the Nations Conference on Environment and Development (UNCED)
implementation of their respective local action plan to the Summit held in Rio de Janeiro, and committed to the principles set
Commission within the first quarter of the following year. forth in the Rio Declaration, the Agenda 21, the Conventions on
Climate Change and Biodiversity;
Section 21. Appropriations. – The sum of Fifty million pesos
(Php50,000,000.00) is hereby appropriated as initial operating WHEREAS, the United Nations in UNCED, has adopted a resolution
fund in addition to the unutilized fund of the Presidential Task for the creation of a Sustainable Development Commission that
Force on Climate Change and the Office of the Presidential Adviser will evaluate and monitor the compliance too the agreements and
on Global Warming and Climate Change. The sum shall be sourced commitments made in Rio and in the course of it's creation urged
from the President’s contingent fund. governments to also for similar bodies that will ensure that the
activities at the national level are implemented and coordinated
within global efforts;
Thereafter, the amount necessary to effectively carry out the
provisions of this Act shall be included in the annual General
Appropriations Act. WHEREAS, the agreements oblige the Philippines to translate the
commitments to more concrete actions and ensure that all
sectors of the society shall be involved in its cooperalization;
Section 22. Implementing Rules and Regulations. – Within ninety
(90) days after the approval of this Act, the Commission shall,
upon consultation with government agencies, LGUs, private WHEREAS, in order to active these ends, the creation of a national
sector, NGOs and civil society, promulgate the implementing rules sustainable development and thus assure its integration in the
and regulations of this Act: Provided, That failure to issue rules Philippine national policies, plans, and programs that will involve
and regulations shall not in any manner affect the executory all sectors of the society.
nature of the provisions of this Act.
SEC 1. Creation and Composition of the Council.
Section 23. Transitory Provisions. – Upon the organization of the
Commission, the Presidential Task Force on Climate Change 1) There is hereby created a Philippine Council for Sustainable
created under Administrative Order No. 171 and the Inter-Agency Development to be headed by the Director-General of the
Committee on Climate Change created by virtue of Administrative National Economic and Development Authority (NEDA) as
Order No. 220, shall be abolished: Provided, That their powers Chairperson, and the Secretary of the Department of Environment
and functions shall be absorbed by the Commission: Provided, and Natural Resources as Vice-Chairperson.
further, That the officers and employees thereof shall continue in
a holdover capacity until such time as the new officers and
employees of the Commission shall have been duly appointed 2) The Council will have as members committed environmentalists
pursuant to the provisions of this Act. All qualified regular or from the following owing departments of a position of Bureau
permanent employees who may be transferred to the Director of their, duly deputized to represent their respective
Commission shall not suffer any loss in seniority or rank or Secretaries:
decrease in emoluments. Any employee who cannot be absorbed
by the Commission shall be entitled to a separation pay under Department of Foreign Affairs
existing retirement laws Department of Science and Technology
Department of Finance
Department of Agriculture
Department of Public Works and Highways
Department of Education, Culture, and Sports Development Authority (NEDA), Department of Environment and
Department of Labor and Employment Natural Resources (DENR), Department of Foreign Affairs(DFA),
Department of Health Department of the Interior and Local Government (DILG), and the
Department of Trade and Industry three representatives from non-government sector, which shall
Department of the Interior and Local Governments work out the formulation of the operational guidelines for the
Department of Social Welfare and Developments Council. The working group shall be assisted by a composite
Department of Budget and Management secretariat from NEDA and DENR, These transitory groups shall
Department of National Defense cease its function upon the Council meeting and adoption of the
Office of Energy Affairs operating guidelines within sixty (60) days upon signing of this
Order.
3) As civil society counterpart, the non-government community
shall also have seven (7) representative in the Council. These EXECUTIVE ORDER NO. 62: FURTHER STRENGTHENING THE
representative shall be selected by the non-government PHILIPPINE COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD)
community considering commitment to environmental causes,
gender balance, and sector representation through a process WHEREAS, to ensure that the commitments made in the Rio de
designed by them. Janeiro Declaration are fulfilled and to realize the country’s
sustainable development goals, the PCSD was established on 01
Sec. 2 Powers and Functions of the Council. The Council shall September 1992 through Executive Order No. 15;
have the following powers and function:
WHEREAS, to strengthen PCSD, the expansion of its membership
as well as the establishment of local councils for sustainable
1`) To review and ensure the implementation on the development were provided for through the issuance of Executive
commitments the Philippines made in the light of the UNCED Order No. 370 (s. 1996);
Conference;
WHEREAS, in order to operationalize sustainable development at
2) To establish guidelines and mechanisms that will expand, the local level, Memorandum Order No. 47 (s. 1999) was issued
concretize and operationalize the sustainable development mandating local government units (LGUs) to formulate and
principles as embodied in the Rio Declaration, the UNCED Agenda implement their sustainable integrated area development plans
21, the National Conservation Strategy, and the Philippine Agenda or Local Agenda 21 with the assistance of concerned government
21, and incorporate them in the preparation of the Medium Term agencies;
Development Plan both at the national and local levels with active
participation from the non-government sector a and people's WHEREAS, in light of changing circumstances and, emerging issues
organizations; on sustainable development locally and globally there is an urgent
need to pursue new interventions through a more responsive
3) Too provide directions in the form of policy reforms, programs PCSD structure;
and new legislations that respond to the continuing and emerging
issues and charting future actions related to environment and WHEREAS, for the PCSD to be more effective and responsive in
developments; ensuring the realization of the government’s sustainable
development goals, there is a need to streamline and define its
4) To act as the coordinating mechanism in cooperation either core functions and membership, keeping in mind the various
DFA-office of the United Nations Commission for Sustainable agencies in government whose functions are integral components
Development and actively solicit assistance and cooperation of the overall government sustainable development operational
towards the realization of our commitments made at the UNCED; thrusts;
1. The core members from government shall be composed of 5. To review and monitor plans, policies, program and legislation
Secretaries of the following Departments as permanent principal on sustainable development to promote efficiency and timeliness
members, with an Undersecretary as alternate: of their execution and ensure consistency and coordination
among the Legislative and Executive branches of government,
local government units, civil society, business, labor and other
a. National Economic and Development Authority;
concerned entities/sectors, and existing multi-stakeholder
governance mechanisms;
b. Department of Environment and Natural Resources;
6. To establish a networking mechanism to link the Council with
2. Civil society, composed of people’s organizations, non-
local and international organizations involved in sustainable
government organizations and sectoral/major groups
development;
representation shall have five (5) Council members selected by
their community, based on their commitment to sustainable
7. To create, reorganize or abolish committees of the Council, ad-
development concerns, through a process designed by them
hoc or permanent, and to define their structure, functions and
These may include the following groups: women, youth, farmers,
limitations;
fisherfolk, indigenous people, Moro and Cordillera people, urban
poor, persons with disabilities, academe, professionals, media,
8. To submit its annual work program with actionable and time
religious groups and NGOs.
bounded targets and regularly report to the President the status
of implementation and achievement of specific targets thereof;
3. Labor and business shall have one (1) representative each in
the Council. Representation shall, likewise be decided through a
9. To perform such other acts which are necessary to carry out its
process to be designed by them.
mandated functions and responsibilities.
The Chairperson of the Council shall be the Secretary of Socio-
Sec. 5. Participation of Other Government Agencies in the Council.
Economic Planning and NEDA Director-General. The Secretary of
— The Council can call upon other government agencies and
the Department of Environment and Natural Resources (DENR)
instrumentalities, civil society, business and labor sector
shall be the Vice-Chairperson.
organizations to participate in Council business, including its
meetings, if so warranted by conditions as may exist from time to
Sec. 3. Terms of Office and Meetings. — The term of office of time. For this purpose, other government agencies shall identify a
members shall be co-terminus with their appointment or election PCSD focal officer not lower than a rank of Director who shall
in their respective departments or organizations. coordinate their agency’s participation in PCSD concerns.
The Council shall meet quarterly, or as frequently as may be Sec. 6. Secretariat. — The Council shall be assisted by a
deemed necessary. Special meetings may be convened at the call Coordinating Secretariat which shall be based at the NEDA, the
of the Chairperson or by a majority of the members of the composition of which shall be determined by the Director-
Council. In the absence of the Chairperson, the Vice-Chairperson General, and a Counterpart Secretariat, the composition of which
shall preside. In case any civil society, business or labor sector shall be determined by the Civil Society Counterpart Council for
member of the Council cannot attend the meeting, he or she shall Sustainable Development (CSCCSD).
be represented by the alternate to be designated through their
respective selection process for the purpose. Sec. 7. Budget. — There shall be provided in the General
Appropriations Act (GAA) a regular line item under the NEDA
Sec. 4. Powers and Functions of the Council. — budget to cover the operational requirements of the Council
subject to the prescribed budgetary guidelines. Other member-
1. To review and ensure the implementation of the commitments agencies of the Council shall also include a line item in the GAA
made by the Philippines in the light of the United Nations under their respective agency budgets to cover the cost of their
Conference on Environment and Development (UNCED) and its activities related to PCSD.
follow-up processes;
Whereas, Article 2, Section 12 of the Constitution mandates Section 6. Funding. The PCSD, in the coordination with the
as a policy of the State the protection and advancement of Department of Finance (DOF), Department of Budget and
the right of the people to a balanced and healthful ecology Management (DBM), and the National Economic and
in accord with the rhythm and harmony of nature; Development Authority (NEDA), shall identify funding sources
in implementing and monitoring the Philippine Agenda 21.
Whereas, the government adheres to the sustainable
development principles embodied in the Rio Declaration
and adopted by the United Nations Conference on
Environment and Development in Rio de Janeiro, Brazil in
1992, and to which the Philippines is a signatory;
Section 2. Objective
DENR Administrative Order No. 2003- 30 The objective of this Administrative Order is to rationalize and
SUBJECT: Implementing Rules and Regulations (IRR) for the streamline the EIS System to make it more effective as a project
Philippine Environmental Impact Statement (EIS) System planning and management tool by:
Consistent with the continuing effort of the Department of a. Making the System more responsive to the demands and needs
Environment and Natural Resources (DENR) to rationalize and of the project proponents and the various stakeholders;
streamline the implementation of the Philippine Environmental
Impact Statement (EIS) System established under Presidential b. Clarifying the, coverage of the System and updating it to take
Decree (PD) No. 1586, Presidential Proclamation No. 2146 into consideration industrial and technological innovations and
defining the scope of the EIS System and pursuant to trends
Administrative Order No. 42 issued by tile Office of the President
on November 2, 2002, the following rules and regulations are c. Standardizing requirements to ensure focus on critical
hereby promulgated; environment parameters;
Section 1. Basic Policy and Operating Principles e. Assuring that critical environmental concerns are addressed
during project development and implementation
Consistent with the principles of sustainable development, it is
the policy of the DENR to implement a systems-oriented and Section 3. Definition of Terms
integrated approach to the LIS system to ensure a rational balance
between socio-economic development and environmental For the purpose of this Order, the following definitions shall be
protection for the benefit of present and future generations. applied;
The following are the key operating principles in the a. Certificate, of Non-Coverage - a certification issued by the EMB
implementation of the Philippine EIS System: certifying that, based on the submitted project description, the
project is not covered by the EIS System and is not required to
a. The EIS System is concerned primarily with assessing the direct secure an ECC
and indirect impacts of a project on the biophysical and human
environment and ensuring that these impacts addressed by b. Co-located projects / undertakings- projects, or series of similar
appropriate environmental protection and enhancement projects or a project subdivided to several phases and/or stages
measures. by the same proponent, located in contiguous areas.
b. The EIS System aids proponents in incorporating environmental c Environment - Surrounding air, water (both ground and surface),
considerations in planning their projects as well as in determining land, flora, fauna, humans and their interrelations.
the environment's impact on their project.
d. Environmental Compliance Certificate (ECC)- document issued
c. Project proponents are responsible for determining and by the DENR/EMB after a positive review of an ECC application,
disclosing all relevant information necessary for a methodical ' certifying that based on the representations of the proponent, the
assessment of the environmental impacts of their projects; proposed project or undertaking will not cause significant
negative: environmental impact. The ECC also certifies that the
proponent has complied with all the requirements of the EIS m. Environmental Management Systems (EMS) - refers to the
System and has committed to implement its approved EMB PEPP EMS as provided for under DAO 2003-14, which is a
Environmental Management Plan. The ECC contains specific part of the overall management system of a project or
measures and conditions that the project proponent has to organization that includes environmental policy, organizational
undertake before and during the operation of a project, and in structure, planning activities, responsibilities, practices,
some cases, during the project's abandonment phase to mitigate procedures, processes and resources for developing,
identified environmental impacts. implementing, achieving, reviewing and maintaining an improved
overall environmental performance.
e. Environmentally Critical Area (ECA) - area delineated as
environmentally sensitive such that significant environmental n. Environmental Monitoring Fund (EMF) -fund that a proponent
impacts are expected if certain types of proposed projects or shall set up after an ECC is issued for its project or undertaking, to
programs are located, developed or, implemented in it. be used to support the activities of the multi-partite monitoring
team. It shall be immediately accessible and easily disbursable.
f. Environmentally Critical Project (ECP) - project or program that
has high potential for significant negative environmental impact. o. Environmental Performance - capability of proponents to
mitigate environmental impacts of projects or programs.
g. Environmental Guarantee Fund (EGF) - fund to be set up by a
project proponent which shall be readily accessible and p. Environmental Performance Report and Management Plan
disbursable for the immediate clean-up or rehabilitation of areas (EPRMP) - documentation of the actual cumulative environmental
affected by damages in the environment and the resulting impacts and effectiveness of current measures for single projects
deterioration of environmental quality as a direct consequence of that are already operating but without ECC's, i.e., Category A-3.
a project's construction, operation or abandonment. It shall For Category B-3 projects, a checklist form of the EPRMP would
likewise be used to compensate parties and communities affected suffice.
by the negative impacts of the project, and to fund community-
based environment related projects including, but not limited to, q. Environmental Risk Assessment (ERA) - assessment, through
information and education and emergency preparedness the use of universally accepted and scientific methods, of risks
programs. associated with a project. It focuses on determining the
probability of occurrence of accidents and their magnitude (e.g.
h. Environmental Impact Assessment (EIA) - process that involves failure, of containment or exposure to hazardous materials or
evaluating and predicting the likely impacts of a project (including situations.)
cumulative impacts) on the environment during construction,
commissioning, operation and abandonment. It also includes r. EMS-based EMP - environmental management plan based on
designing appropriate preventive, mitigating and enhancement the environmental management system (EMS) standard as
measures addressing these consequences to protect the defined in the DAO 2003-14.
environment and the community's welfare. The process is
undertaken by, among others, the project proponent and/or EIA s. Initial Environmental Examination (IEE) Report – document
Consultant, EMB, a Review Committee, affected communities and similar to an EIS, but with reduced details and depth of
other stakeholders. assessment and discussion
i. Environmental Impact Assessment Consultant - a professional or t. Initial Environmental Examination (IEE) Checklist Report -
group of professionals commissioned by the proponent to simplified checklist version of an IEE Report, prescribed by the
prepare the EIS/IEE and other related documents. In some cases, DENR, to be filled up by a proponent to identify and assess a
the person or group referred to may be the proponent's technical project's environmental impacts and the mitigation/enhancement
staff. measures to address such impacts.
j. Environmental Impact Assessment Review Committee (EIARC) - u. Multipartite Monitoring Team (MMT) - community-based multi-
a body of independent technical experts and professionals of sectoral team organized for the purpose of monitoring the
known probity from various fields organized by the EMB to proponent's compliance with ECC conditions, EMP and applicable
evaluate the EIS and other related documents and to make laws, rules and regulations.
appropriate recommendations regarding the issuance or non-
issuance of an ECC. v. Programmatic Environmental Impact Statement (PEIS) -
documentation of comprehensive studies on environmental
k. Environmental Impact Statement (EIS) - document, prepared baseline conditions of a contiguous area. It also includes an
and submitted by the project proponent and/or EIA Consultant assessment of the carrying capacity of the area to absorb impacts
that serves as an application for an ECC. It is a comprehensive from co-located projects such as those in industrial estates or
study of the significant impacts of a project on the environment. It economic zones (ecozones),
includes an Environmental Management Plan/Program that the
proponent will fund and implement to protect the environment w. Programmatic Environmental Performance Report and
Management Plan (PEPRMP) - documentation of actual
l. Environmental Management Plan/Program (EMP) - section in cumulative environmental impacts of collocated projects with
the EIS that details the prevention, mitigation, compensation, proposals for expansion. The PEPRMP should also describe the
contingency and monitoring measures to enhance positive effectiveness of current environmental mitigation measures and
impacts and minimize negative impacts and risks of a proposed plans for performance improvement.
project or undertaking. For operating projects, the EMP can also
be derived from an EMS, x. Project Description (PD) - document, which may also be a
chapter in an EIS, that describes the nature, configuration, use of
raw materials and natural resources, production system, waste or 4.2 The issuance of ECC or CNC for a project under the EIS System
pollution generation and control and the activities of a proposed does not exempt the proponent from securing other government
project. It includes a description of the use of human resources as permits and clearances as required by other laws.
well as activity timelines, during the pre-construction,
construction, operation and abandonment phases. It is to be used In determining the scope of the EIS System, two factors are
for reviewing co-located and single projects under Category C, as considered: (i) the nature of the project and its potential to cause
well as for Category D projects. significant negative environmental impacts, and (ii) the sensitivity
or vulnerability of environmental resources in the project area.
Y. Project or Undertaking - any activity, regardless of scale or 4.3 The specific criteria for, determining projects or undertakings
magnitude, which may have significant impact on the to be covered by the EIS System are as follows:
environment.
a. Characteristics of the project or undertaking
z. Proponent - any natural or juridical person intending to • Size of the project
implement a project or undertaking. • Cumulative nature of impacts vis-a-vis: other projects
• Use of natural resources
aa. Public Participation - open, transparent, gender-sensitive, and • Generation of waste and environment-related nuisance
community based process aimed at ensuring the social • Environment-related hazards and risk of accidents
acceptability of a project or undertaking, involving the broadest
range of stakeholders, commencing at the earliest possible stage, b. Location of the Project
of project design and development and continuing until post- • Vulnerability of the project area to disturbances due to its
assessment monitoring. ecological importance, endangered or protected status
• Conformity of the proposed project to existing land use,
bb. Procedural Review - phase in the ECC application review based on approved zoning or on national laws and
process to check for the completeness the required documents, regulations
conducted by EIAM Division at the EMB Central Office or Regional • Relative abundance, quality and regenerative capacity of
Office. natural resources in the area, including the impact
absorptive capacity of the environment
cc. Process Industry - an industry whose project operation stage
involves chemical, mechanical or other processes. c. Nature of the potential impact
• Geographic extent of the impact and size of affected
dd. Scoping - the stage in the EIS System where information and population
project impact assessment requirements are established to • Magnitude and complexity of the impact
provide the proponent and the stakeholders the scope of work • Likelihood, duration, frequency, and reversibility of the
and terms of reference for the EIS. impact
ee. Secretary - the Secretary of the DENR. The following are the categories of projects/undertakings under
the EIS system:
ff. Social Acceptability - acceptability of a project by affected
communities based on timely and informed participation in the Category A. Environmentally Critical Projects (ECPs) with
EIA process particularly with regard to environmental impacts that significant potential to cause negative environmental impacts
are of concern to them.
Category B. Projects that are not categorized as ECPs, but which
gg. Stakeholders - entities who may be directly and significantly may cause negative environmental impacts because they are
affected by the project or undertaking. located in Environmentally Critical Areas (ECA's)
hh. Substantive Review - the phase in the EIA process whereby Category C. Projects intended to directly enhance environmental
the document submitted is subjected to technical evaluation by quality or address existing environmental problems not falling
the EIARC. under Category A or B.
ii. Technology - all the knowledge, products, processes, tools, Category D. Projects unlikely to cause adverse environmental
methods and systems employed in the creation of goods or impacts.
providing services.
4.4 Proponents of co-located or single projects that fall under
ARTICLE II Category A and B are required to secure ECC. For co-located
ECC APPLICATION PROCESSING AND APPROVAL PROCEDURES projects, the proponent has the option to secure a Programmatic
ECC. For ecozones, ECC application may be programmatic based
Section 4. Scope of the EIS System on submission of a programmatic EIS, or locator-specific based on
submission of project EIS by each locator.
4.1 In general, only projects that pose potential significant impact
to the environment shall be required to secure ECC's. In 4.5 Projects under Category C are required submit Project
coordination with the Department of Trade and Industry (DTI) and Description.
other concerned government agencies, the EMB is authorized to
update or make appropriate revisions to the technical guidelines 4.6 Projects classified under Category D may secure a CNC. The
for EIS System implementation. EMB-DENR, however, may require such, projects or undertakings
to provide additional environmental safeguards as it may deem
necessary. ,
5.2.3. Programmatic Environmental Impact Statement (PEIS)
4.7 Projects/undertakings introducing new technologies or
construction technique but which may cause significant negative The PEIS shall contain the following:
environmental impacts shall be required to submit a Project
Description Which will be used as basis by EMB for screening the a. Executive Summary;
project and b. Project Description;
determining its category. c. Summary matrix of scoping agreements as validated by EMB;
Section 5. Requirements for Securing Environmental Compliance d. [-co-profiling of air, land, water, and relevant people aspects;
Certificate (ECC) and Certificate of Non-Coverage (CNC) e. Environmental carrying capacity analysis;
f. Environmental Risk Assessment (if found necessary during
5.1 Documentary Requirements for Proponents ECC processing scoping);
requirements shall focus on information needed to assess critical g. Environmental Management Plan to include allocation scheme
environmental impacts of projects. Processing requirements shall for discharge of pollutants; criteria for acceptance of locators,
be customized based on the project categories. environmental management guidebook for locators, and
environmental liability scheme;
The total maximum processing time reckons from the acceptance h. Duties of the Environmental Management Unit to be created;
of the ECC/CNC application for substantive review up to the i. Proposals for Environmental Monitoring & Guarantee Funds and
issuance of the decision terms of reference for the Multi-partite Monitoring Team, and
j. Other supporting documents and clearances that may be agreed
5.2 Forms and Contents of EIA Study Reports and Other during the scoping.
Documents Required Under the EIS System
5.2.4. Programmatic Environmental Performance Report and
The following are the different forms of EIA study reports and Management Plan (PEPRMP).
documents required under the EIS System. DENR employees are
prohibited from taking part in the preparation of such documents. The PEPRMP shall contain the following:
The DENR/EMB shall limit to a maximum of two (2) official
requests (in writing) to the project proponent for additional a. Project Description of the co-located projects;
information, which shall be made within the first 75% of the b. Documentation of the actual environmental performance
processing timeframe shown in Section 5.1.1. based on current/past environmental management measures
implemented, and
5.2.1. Environmental Impact Statement (EIS). c. An EMP based on an environmental management system
framework and standard set by EMB.
The EIS should contain at least the following:
5.2.5. Environmental Performance Report and Management Plan
a. EIS Executive Summary;
b. Project Description; The EPRMP shall contain the following:
c. Matrix of the scoping agreement identifying critical issues and a. Project Description;
concerns, as validated by EMB; b. Baseline conditions for critical environmental parameters;
d. Baseline environmental conditions focusing on the sectors (and c. Documentation of the environmental performance based on
resources) most significantly affected by the proposed action; the current/past environmental management measures
e. Impact assessment focused on significant environmental implemented;
impacts (in relation to project construction/commissioning, d. Detailed comparative, description of the proposed project
operation and decommissioning), taking into account cumulative expansion and/or process modification with corresponding
impacts; material and energy balances in the case of process industries,
f. Environmental Risk Assessment if determined by EMB as e. EMP based on an environmental management system
necessary during scoping; framework and standard set by EMB.
g. Environmental Management Program/Plan;
h. Supporting documents; including technical/socio-economic 5.2.6. Project Description (PD)
data used/generated; certificate of zoning viability and municipal
land use plan; and proof of consultation with stakeholders; The PD shall be guided by the definition of terms and shall contain
i. Proposals for Environmental Monitoring and Guarantee Funds the following: and update IEE Checklists to further streamline ECC
including justification of amount, when required; processing, especially for small and medium enterprises.
j. Accountability statement of EIA consultants and the project
proponent; and 5.2.3. Programmatic Environmental Impact Statement (PEIS)
k. Other clearances and documents that may be determined and The PEIS shall contain the following:
agreed upon during scoping. a. Executive Summary;
b. Project Description;
5.2.2. Initial Environmental Examination (IEE) Report c. Summary matrix of scoping agreements as validated by EMB;
IEE Report is similar to an EIS, but with reduced details of data and d. [-co-profiling of air, land, water, and relevant people aspects;
depth of assessment and discussion. It may be customized for e. Environmental carrying capacity analysis;
different types of projects under Category B. The EMB shall f. Environmental Risk Assessment (if found necessary during
coordinate with relevant government agencies and the private scoping);
sector to customize and update IEE Checklists to further g. Environmental Management Plan to include allocation scheme
streamline ECC processing, especially for small and medium for discharge of pollutants; criteria for acceptance of locators,
enterprises. environmental management guidebook for locators, and
environmental liability scheme;
h. Duties of the Environmental Management Unit to be created; of the management plan, All public consultations and public
i. Proposals for Environmental Monitoring & Guarantee Funds and hearings conducted during the EIA process are to be documented.
terms of reference for the Multi-partite Monitoring Team, and The public hearing/ consultation Process report shall be validated
j. Other supporting documents and clearances that may be agreed by the EMB/EMB RD and shall constitute part of the records of the
during the EIA process.
scoping. 5.4 Documentation Requirements for DENR-EMB and EIA
5.2.4. Programmatic Environmental Performance Report and Reviewers
Management Plan (PEPRMP).
The EMB Central Office as well as the EMB Regional Offices shall
The PEPRMP shall contain the following: document the proceedings of the ECC application process and
a. Project Description of the co-located projects; shall set up and maintain relevant information management
b. Documentation of the actual environmental performance systems. The documentation shall, at a minimum, include the
based on current/past environmental management measures following:
implemented, and
c. An EMP based on the environmental management system 5.4.1. Review Process Report
framework and standard set by EMB. This is to be prepared by the EMB Central or EMB RO. It is to be
forwarded to the DENR Secretary or RD as reference for decision-
5.2.5. Environmental Performance Report and Management Plan making and maintained as part of the records on the ECC
(EPRMP) application. The report should contain at least the following:
The EPRMP shall contain the following: a. Summary of the environmental impacts of the undertaking,
along with the proposed mitigation and enhancement measures;
a. Project Description; b. Key issues/concerns and the proponent's response to these;
b. Baseline conditions for critical environmental parameters; c. Documentation of compliance with procedural requirements;
c. Documentation of the environmental performance based on d. Acceptability of proposed EMP including the corresponding cost
the current/past environmental management measures of mitigation, EGF and EMF if required;
implemented; e. Key bases for the decision on the ECC application.
d. Detailed comparative, description of the proposed project
expansion and/or process modification with corresponding 5.4.2. EIARC Report
material and energy balances in the case of process industries, This report, to be prepared by the EIA Review Committee, forms
e. EMP based on an environmental management system part of the EIS review documentation. The EIARC Report shall be
framework and standard set by EMB. written by the designated member of the EIARC and signed by all
the members within five days after the final review meeting. If an
5.2.6. Project Description (PD) EIARC member dissents, he or she must submit a memorandum to
the EMB Director through the EIARC Chairman his or her reasons
The PD shall be guided by the definition of terms and shall contain for dissenting.
the following:
At a minimum the EIARC report should contain;
a. Description of the project;
b. Location and area covered; a. Detailed assessment of the proposed mitigation and
c. Capitalization and manpower requirement; enhancement measures for the identified environmental impacts
d. For process industries, a listing of raw materials to be used, and risks;
description of the process or manufacturing technology, type and b. Description of residual or unavoidable environmental impacts
volume of products and discharges: despite proposed mitigation measures;
e. For Category C projects, a detailed description on how c. Documentation of compliance with technical/substantive
environmental efficiency and overall performance improvement review criteria;
will be attained, or how an existing environmental problem will be d. Key issues/concerns and the proponent's response to these,
effectively solved or mitigated by the project, and including social acceptability measures;
f. A detailed location map of the impacted site showing relevant e. Assessment of the proposed EMP (including risk
features (e.g. slope, topography, human settlements). reduction/management plan) and amounts proposed for the
g. Timelines for construction and commissioning . Environmental Guarantee Fund and the Environmental
Monitoring Fund, and
5.2.7. EMS-based EMP. f. Recommended decision regarding the ECC application as well as
The EMS-based EMP is an option that proponents may undertake proposed ECC conditions.
in lieu of the EPRMP for single projects applying for ECC under
Category A-3 and B-3. 5.4.3. Decision Document
This is an official letter regarding the decision on the application. It
5.3 Public Hearing 1 Consultation Requirements may be in the form of an Environmental Compliance Certificate or
For projects under Category A-1, the conduct of public hearing as a Denial Letter. The ECC shall contain the scope and limitations of
part of the EIS review is mandatory unless otherwise determined the approved activities, as well as conditions to ensure
by EMB. For all other undertakings, a public hearing is not compliance with the Environmental Management Plan. The ECC
mandatory unless specifically required by EMB. shall also specify the setting up of an EMF and EGF, if applicable.
No ECC shall be released until the proponent has settled all
Proponents should initiate - public consultations early in order to liabilities, fines and other obligations with DENR.
ensure that environmentally relevant concerns of stakeholders
are taken into consideration in the EIA study and the formulation
A Denial Letter on the other hand shall specify the bases for the from EMB and despite an adequate period for the proponent to
decision. The ECC or Denial Letter shall be issued directly to the comply with the said requirement;
project proponent or its duly authorized representative, and 8.2.2. In cases where ECC issuance cannot be decided due to the
receipt of the letter shall be properly documented. The ECC of a proponent's inability to submit required additional information
project not implemented within five years from its date of within the prescribed period, the EMB shall return the application
issuance is deemed expired. The Proponent shall have to apply for to the proponent. The project proponent may resubmit its
a new ECC if it intends to pursue the project. The reckoning date application, including the required additional information, within
of project implementation is the date of ground breaking, based one (1) year for Category A projects and six (6) months for
on the proponent's work plan as submitted to the EMB. Category B projects without having to pay processing and other
fees. Otherwise, the matter shall be treated as a new application.
Section 6. Appeal
Any party aggrieved by the final decision on the ECC / CNC 8.2.3. In cases where EMB and the project proponent have
applications may, within 15 days from receipt of such decision, file exhausted all reasonable efforts to generate the information
an appeal on the following grounds: needed for deciding on the ECC/CNC application, the responsible
authority (Secretary or EMB Director/ Regional Director), shall
a. Grave abuse of discretion on the part of the deciding authority, make a decision based on the available information so as to
or comply with the prescribed timeframe. The decision shall
b. Serious errors in the review findings. nonetheless reflect a thorough assessment of impacts taking into
consideration (i) the significance of environmental impacts and
The DENR may adopt alternative conflict/dispute resolution risks; (ii) the carrying capacity of the environment; (iii) equity
procedures as a means to settle grievances between proponents issues with respect to use of natural resources, (iv) and the
and aggrieved parties to avert unnecessary legal action. Frivolous proponent's commitment, to institute effective environmental
appeals shall not be countenanced. management measures.
The proponent or any stakeholder may file an appeal to the 8.3 Amending an ECC
following: Requirements for processing ECC amendments shall depend on
the nature of the request but shall be focused on the information
Deciding Authority Where to file the appeal necessary to assess the environmental impact of such changes.
EMB Regional Office Director Office of the EMB Director
EMB Central Office Office of the DENR Secretary 8.3.1. Requests for minor changes to ECCs such as extension of
DENR Secretary Office of the President deadlines for submission of post-ECC requirements shall be
decided upon by the endorsing authority.
Section 7. The EIA Process in Relation to the Project Planning 8.3.2. Requests for major changes to ECCs shall be decided upon
Cycle by the deciding authority.
Proponents are directed under AO 42 to conduct simultaneously 8.3.3. For ECCs issued pursuant to an IEE or IEE checklist, the
the environmental impact study and the project planning or processing of the amendment application shall not exceed thirty
feasibility study. EMB may validate whether or not the EIS was (30) working days; and for ECCs issued pursuant to an EIS, the
integrated with project planning by requiring relevant processing shall not exceed sixty (60) working days. Provisions on
documentary proofs, such as the terms of reference for the automatic approval related to prescribed timeframes under AO 42
feasibility study and copies of the feasibility study report. shall also apply for the processing of applications to amend ECCs.
The EMB shall study the potential application of EIA to policy- Section 9. Monitoring of Projects with ECCs
based undertakings as a further step toward integrating and Post ECC monitoring of projects shall follow these guidelines.
streamlining the EIS system. Other details on requirements for monitoring of projects with
ECCs shall be stipulated in a procedural manual to be formulated
Section 8. EIS System Procedures by EMB.
8.1 Manual of Procedures
9.1 Multipartite Monitoring Team
8.1.1. The procedures to enable the processing of ECCICNC For projects under Category A, a multi-partite monitoring team
applications within the timeframes, specified in AO 42 shall be (MMT) shall be formed immediately after the issuance of an ECC.
prescribed in a Procedural Manual to be issued by the EMB Proponents required to establish an MMT shall put up an
Central Office within ninety (90) days from the date of this Order. Environmental Monitoring Fund (EMF) not later than the initial
8.1.2. The Manual of Procedures shall be updated as the need construction phase of the project.
arises to continually shorten the review and approval/denial
timeframes where feasible. Formulation of said procedures shall The MMT shall be composed of representatives of the proponent
conform to the following guidelines; and of stakeholder groups, including representatives from
concerned LGU's, locally accredited NGOs/POs, the community,
8.2 Processing Timeframe concerned EMB Regional Office, relevant government agencies,
and other sectors that may be identified during the negotiations.
8.2.1. If no decision is made within the specified timeframe, the
ECC/CNC application is deemed automatically approved and the The team shall be tasked to undertake monitoring of compliance
approving authority shall issue the ECC or CNC within five (5) with ECC conditions as well as the EMP. The MMT shall submit a
working days after the prescribed processing timeframe has semi-annual monitoring report within January and July of each
lapsed. However, the EMB may deny issuance of ECC if the year.
proponent fails to submit required additional information critical
to deciding on the ECC/CNC application, despite written request
The EMB shall formulate guidelines for operationalizing area-
based or cluster-based MMT. The Bureau may also develop Section 11. Information Systems Improvement
guidelines for delegating, monitoring responsibilities to other The information system on the EIS System implementation shall
relevant government agencies as may be deemed necessary. For be improved for the effective dissemination of information to the
projects whose significant environmental impacts do not persist public. The information system shall include regular updating of
after the construction phase or whose impacts could be the status of ECC applications through a website and through
addressed through other regulatory means or through the other means.
mandates of other government agencies, the operations of MMT
may be terminated immediately after construction or after a Section 12. Accreditation System
reasonable period during implementation. To enhance the quality of the EIS submitted to the DENR/EMB,
the EMB shall establish an accreditation system for individual
9.2 Self-monitoring and Third Party Audit professionals, academic and professional organizations that can
The proponent shall also conduct regular self-monitoring of be tapped to train professionals in conducting EIA using training
specific parameters indicated in the EMP through its modules approved by EMB.
environmental unit. The proponent's environmental unit shall
submit a semi-annual monitoring report within January and July of The EMB shall also work with DTI-BPS for an accreditation system
each year. for environmental and EMS auditors, consistent with provisions of
DAO 2003-14 on the Philippine Environmental Partnership
For projects with ECCs issued based on a PEPRMP, EPRMP, or an Program.
EMS-based EMP, a third party audit may be undertaken by a
qualified environmental or EMS auditor upon the initiative of the Section 13. Creation of an HAM Division and Strengthening of
proponent and in lieu of forming an MMT. The said proponent Review and Monitoring Capability
shall submit to EMB a copy of the audit findings and shall be held In order to effectively implement the provisions of this
accountable for the veracity of the report. The EMB may opt to administrative order, the current EIA ad hoc division at the EMB
validate the said report. Central Office and the EMB Regional Offices that are primarily in-
charge of processing ECC applications and post-ECC monitoring
9.3 Environmental Guarantee Fund shall be converted to a full-pledged Environmental Impact
An Environmental Guarantee Fund (EGF) shall be established for Assessment and Management Division (EIAMD). The Division shall
all co-located or single projects that have been determined by have the following structure and functions:
DENR to pose a significant public risk or where the project
requires rehabilitation or restoration. An EGF Committee shall be 13.1 The EIA Evaluation Section shall be in charge of screening
formed to manage the fund. It shall be composed of projects for coverage under the EIS System, EIS Scoping, and
representatives from the EMB Central Office, EMB Regional Office, evaluation of EIS's and IEE's submitted for ECC issuance. It shall
affected communities, concerned LGUs, and relevant government have three units responsible, respectively, for screening for
agencies identified by EMB. coverage, EIS Scoping, and evaluation of ECC applications. The
EMB may commission independent professionals, experts from
An integrated MOA on the MMT-EMF-EGF shall be entered into the academe and representatives from relevant government
among the EMB Central Office, EMB Regional Office, the agencies as members of the EIA Review Committee as may be
proponent, and representatives of concerned stakeholders. deer 31d necessary. Further, continual improvement of the
technical capability of the Staff of the EIA Division shall be
9.4 Abandonment undertaken.
For projects that shall no longer be pursued, the proponent
should inform EMB to relieve the former from the requirement 13.2 The Impact Monitoring and Validation Section shall be in
for continued compliance with the ECC conditions. For projects charge of monitoring compliance to ECC conditions and
that have already commenced implementation, an implementation of the Environmental Management Program
abandonment/decommissioning plan shall be submitted for (EMP): The unit shall also validate actual impacts as a basis for
approval by EMB at least six (6) months before the planned evaluating environmental performance and effectiveness of the
abandonment/decommissioning. The implementation of the plan EMP.
shall be verified by EMB.
13.3 In the EMB Central Office, there shall be a Systems Planning
ARTICLE Ill and Management Section. It shall ensure that a continually
STRENGTHENING THE IMPLEMENTATION OF THE PHILIPPINE EIS improving systems-oriented and integrated approach is followed
SYSTEM in implementing the Philippine EIS System vis-a-vis national
development programs. The section shall have two units
Section 10. Coordination with other Government Agencies and responsible for specific systems level concerns: (1) Project Level
other Organizations Systems Planning and Management Unit; and (2) Program and
Policy Level Systems Planning and Management Unit. This section
The DENR-EMB shall conduct regular consultations with DTI and shall also be responsible for technical coordination with the EIA
other pertinent government agencies, affected industry groups Division in the different EMB Regional Offices.
and other stakeholders on continually streamlining the processing
of ECC applications and post ECC implementation to fulfill the The organizational structure of the EMB Central Office is in Annex
policy and objectives of this administrative order. 1.
The President shall be apprised of the issues raised as well as the ARTICLE 1V
actions taken by DENR to address these issues whenever MISCELLANEOUS PROVISIONS
necessary.
Section 14. Budget Allocation
For the effective implementation of this order, adequate funding
should be provided under the annual General Appropriations Act.
Per AU 42, the new position items for the EIA Division shall be
created out of the existing budget and vacant position items
within the government service, which shall be reclassified
accordingly.
The EMB Director or the EMB-RD may issue a Cease and Desist
Order (CDO) based on violations under the Philippine EIS System
to prevent grave or irreparable damage to the environment. Such
CDO shall be effective immediately. An appeal or any motion
seeking to lift the CDO shall not stay its effectivity. However, the
DENR shall act on such appeal or motion within ten (10) working
days from filing.
The EMB may publish the identities of firms that are in violation of
the EIA Law and its Implementing Rules and Regulations despite
repeated Notices of Violation and/or Cease and Desist Orders.
During the period that that the Procedural Manual and other
necessary guidelines are being prepared, existing guidelines which
are consistent with the provisions of this Order shall remain in
effect. Adequate resources shall be provided for the formulation
of the Procedural Manual and for the effective implementation of
this Order.
Sec. 21. Equal Protection and Non-discrimination of ICCs/IPs.- Sec. 24. Unlawful Acts Pertaining to Employment.- It shall be
Consistent with the equal protection clause of the Constitution of unlawful for any person:
the Republic of the Philippines, the Charter of the United Nations,
the Universal Declaration of Human Rights including the
a. To discriminate against any ICC/IP with respect to the terms
Convention on the Elimination of Discrimination Against Women
and conditions of employment on account of their descent. Equal
and International Human Rights Law, the State shall, with due
remuneration shall be paid to ICC/IP and non-ICC/IP for work of
recognition of their distinct characteristics and identity, accord to
equal value; and
the members of the ICCs/IPs the rights, protections and privileges
enjoyed by the rest of the citizenry. It shall extend to them the
same employment rights, opportunities, basic services, b. To deny any ICC/IP employee any right or benefit herein
educational and other rights and privileges available to every provided for or to discharge them for the purpose of preventing
member of the society. Accordingly, the State shall likewise them from enjoying any of the rights or benefits provided under
ensure that the employment of any form of force of coersion this Act.
against ICCs/IPs shall be dealt with by law.
Sec. 25. Basic Services.- The ICC/IP have the right to special
The State shall ensure that the fundamental human rights and measures for the immediate, effective and continuing
freedoms as enshrined in the Constitution and relevant improvement of their economic and social conditions, including in
international instruments are guaranteed also to indigenous the areas of employment, vocational training and retraining,
women. Towards this end, no provision in this Act shall be housing, sanitation, health and social security. Particular attention
interpreted so as to result in the diminution of rights and shall be paid to the rights and special needs of indigenous women,
privileges already recognized and accorded to women under elderly, youth, children and differently-abled persons.
existing laws of general application. Accordingly, the State shall guarantee the right of ICCs/IPs to
government 's basic services which shall include, but not limited
to water and electrical facilities, education, health and
Sec. 22. Rights during Armed Conflict.- ICCs/IPs have the right to
infrastructure.
special protection and security in periods of armed conflict. The
State shall observe international standards, in particular, the
Fourth Geneva Convention of 1949, for the protection of civilian Sec. 26. Women.- ICC/IP women shall enjoy equal rights and
populations in circumstances of emergency and armed conflict, opportunities with men, as regards the social, economic, political
and shall not recruit members of the ICCs/IPs against their will and cultural spheres of life. The participation of indigenous
into armed forces, and in particular, for the use against other women in the decision-making process in all levels, as well as in
ICCs/IPs; not recruit children of ICCs/IPs into the armed forces the development of society, shall be given due respect and
under any circumstance; nor force indigenous individuals to recognition.
abandon their lands, territories and means of subsistence, or
relocate them in special centers for military purposes under any The State shall provide full access to education, maternal and
discriminatory condition. child care, health and nutrition, and housing services to
indigenous women. Vocational, technical, professional and other
Sec. 23. Freedom from Discrimination and Right to Equal forms of training shall be provided to enable these women to fully
Opportunity and Treatment.- It shall be the right of the ICCs/IPs to participate in all aspects of social life. As far as possible, the State
be free from any form of discrimination, with respect to shall ensure that indigenous women have access to all services in
recruitment and conditions of employment, such that they may their own languages.
enjoy equal opportunities as other occupationally-related
benefits, informed of their rights under existing labor legislation Sec. 27. Children and Youth.- The State shall recognize the vital
and of means available to them for redress, not subject to any role of the children and youth of ICCs/IPs in nation-building and
coercive recruitment systems, including bonded labor and other shall promote and protect their physical, moral, spiritual, moral,
forms of debt servitude; and equal treatment in employment for spiritual, intellectual and social well-being. Towards this end, the
men and women, including the protection from sexual State shall support all government programs intended for the
harassment. development and rearing of the children and youth of ICCs/IPs for
civic efficiency and establish such mechanisms as may be
Towards this end, the State shall within the framework of national necessary for the protection of the rights of the indigenous
laws and regulations, and in cooperation with the ICCs/IPs children and youth.
concerned, adopt special measures to ensure the effective
protection with regard to the recruitment and conditions of Sec. 28. Integrated System of Education.- The State shall, through
employment of persons belonging to these communities, to the the NCIP, provide a complete, adequate and integrated system of
extent that they are not effectively protected by the laws education, relevant to the needs of the children and Young people
applicable to workers in general. of ICCs/IPs.
ICCs/IPs shall have the right to association and freedom for all CHAPTER VI
trade union activities and the right to conclude collective CULTURAL INTEGRITY
bargaining agreements with employers' conditions. They shall
likewise have the right not to be subject to working conditions
Sec. 29. Protection of Indigenous Culture, traditions and the right to special measures to control, develop and protect their
institutions.- The state shall respect, recognize and protect the sciences, technologies and cultural manifestations, including
right of the ICCs/IPs to preserve and protect their culture, human and other genetic resources, seeds, including derivatives
traditions and institutions. It shall consider these rights in the of these resources, traditional medicines and health practices,
formulation of national plans and policies. vital medicinal plants, animals and minerals, indigenous
knowledge systems and practices, knowledge of the properties of
fauna and flora, oral traditions, literature, designs, and visual and
Sec. 30. Educational Systems.- The State shall provide equal access
performing arts.
to various cultural opportunities to the ICCs/IPs through the
educational system, public or cultural entities, scholarships, grants
and other incentives without prejudice to their right to establish Sec. 35. Access to Biological and Genetic Resources.- Access to
and control their educational systems and institutions by biological and genetic resources and to indigenous knowledge
providing education in their own language, in a manner related to the conservation, utilization and enhancement of these
appropriate to their cultural methods of teaching and learning. resources, shall be allowed within ancestral lands and domains of
Indigenous children/youth shall have the right to all levels and the ICCs/IPs only with a free and prior informed consent of such
forms of education of the State. communities, obtained in accordance with customary laws of the
concerned community.
Sec. 31. Recognition of Cultural Diversity.- The State shall
endeavor to have the dignity and diversity of the cultures, Sec. 36. Sustainable Agro-Technical Development. - The State shall
traditions, histories and aspirations of the ICCs/IPs appropriately recognize the right of ICCs/IPs to a sustainable agro-technological
reflected in all forms of education, public information and development and shall formulate and implement programs of
cultural-educational exchange. Consequently, the State shall take action for its effective implementation. The State shall likewise
effective measures, in consultation with ICCs/IPs concerned, to promote the bio-genetic and resource management systems
eliminate prejudice and discrimination and to promote tolerance, among the ICCs/IPs and shall encourage cooperation among
understanding and good relations among ICCs/IPs and all government agencies to ensure the successful sustainable
segments of society. Furthermore, the Government shall take development of ICCs/IPs.
effective measures to ensure that State-owned media duly reflect
indigenous cultural diversity. The State shall likewise ensure the
Sec. 37. Funds for Archeological and Historical Sites. - The ICCs/IPs
participation of appropriate indigenous leaders in schools,
shall have the right to receive from the national government all
communities and international cooperative undertakings like
funds especially earmarked or allocated for the management and
festivals, conferences, seminars and workshops to promote and
preservation of their archeological and historical sites and
enhance their distinctive heritage and values.
artifacts with the financial and technical support of the national
government agencies.
Sec. 32. Community Intellectual Rights.- ICCs/IPs have the right to
practice and revitalize their own cultural traditions and customs.
CHAPTER VII
The State shall preserve, protect and develop the past, present
NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)
and future manifestations of their cultures as well as the right to
the restitution of cultural, intellectual, religious, and spiritual
property taken without their free and prior informed consent or Sec. 38. National Commission on Indigenous Cultural Communities
in violation of their laws, traditions and customs. /Indigenous Peoples (NCCP).- to carry out the policies herein set
forth, there shall be created the National Commission on ICCs/IPs
(NCIP), which shall be the primary government agency responsible
Sec. 33. Rights to Religious, Cultural Sites and Ceremonies.-
for the formulation and implementation of policies, plans and
ICCs/IPs shall have the right to manifest, practice, develop teach
programs to promote and protect the rights and well-being of the
their spiritual and religious traditions, customs and ceremonies;
ICCs/IPs and the recognition of their ancestral domains as well as
the right to maintain, protect and have access to their religious
their rights thereto.
and cultural sites; the right to use and control of ceremonial
object; and the right to the repatriation of human remains.
Accordingly, the State shall take effective measures, in Sec. 39. Mandate.- The NCIP shall protect and promote the
cooperation with the burial sites, be preserved, respected and interest and well-being of the ICCs/IPs with due regard to their
protected. To achieve this purpose, it shall be unlawful to: beliefs, customs, traditions and institutions.
a. Explore, excavate or make diggings on archeological sites of the Sec. 40. Composition.- The NCIP shall be an independent agency
ICCs/IPs for the purpose of obtaining materials of cultural values under the Office of the President and shall be composed of seven
without the free and prior informed consent of the community (7) Commissioners belonging to ICCs/IPs, one (1) of whom shall be
concerned; and the Chairperson. The Commissioners shall be appointed by the
President of the Philippines from a list of recommendees
submitted by authentic ICCs/IPs: Provided, That the seven (7)
b. Deface, remove or otherwise destroy artifacts which are of
Commissioners shall be appointed specifically from each of the
great importance to the ICCs/IPs for the preservation of their
following ethnographic areas: Region I and the Cordilleras; Region
cultural heritage.
II; the rest of Luzon; Island Groups including Mindoro, Palawan,
Romblon, Panay and the rest of the Visayas; Northern and
Sec. 34. Right to Indigenous Knowledge Systems and Practices and Western Mindanao; Southern and Eastern Mindanao; and Central
to Develop own Sciences and Technologies.- ICCs/IPs are entitled Mindanao: Provided, That at least two (2) of the seven (7)
to the recognition of the full ownership and control and Commissioners shall be women.
protection of their cultural and intellectual rights. They shall have
Sec. 41. Qualifications, Tenure, Compensation.- The Chairperson same in accordance with the terms thereof; or in the absence of
and the six (6) Commissioners must be natural born Filipino any condition, in such manner consistent with the interest of
citizens, bonafide members of ICCs/IPs as certified by his/her ICCs/IPs as well as existing laws;
tribe, experienced in ethnic affairs and who have worked for at
least ten (10) years with an ICC/IP community and/or any
h) To coordinate development programs and projects for the
government agency involved in ICC/IP, at least 35 years of age at
advancement of the ICCs/IPs and to oversee the proper
the time of appointment, and must be of proven honesty and
implementation thereof;
integrity: Provided, That at least two (2) of the seven (7)
Commissioners shall be the members of the Philippine Bar:
Provided, further, That the members of the NCIP shall hold office i) To convene periodic conventions or assemblies of IPs to review,
for a period of three (3) years, and may be subject to re- assess as well as propose policies or plans;
appointment for another term: Provided, furthermore, That no
person shall serve for more than two (2) terms. Appointment to j) To advise the President of the Philippines on all matters relating
any vacancy shall only be for the unexpired term of the to the ICCs/IPs and to submit within sixty (60) days after the close
predecessor and in no case shall a member be appointed or of each calendar year, a report of its operations and
designated in a temporary or acting capacity: Provided, finally, achievements;
That the Chairperson and the Commissioners shall be entitled to
compensation in accordance with the Salary Standardization Law.
k) To submit to Congress appropriate legislative proposals
intended to carry out the policies under this Act;
Sec. 42. Removal from Office.- Any member of the NCIP may be
removed from office by the President, on his own initiative or
upon recommendation by any indigenous community, before the l) To prepare and submit the appropriate budget to the Office of
expiration of his term for cause and after complying with due the President;
process requirement of law.
m) To issue appropriate certification as a pre-condition to the
Sec. 43. Appointment of Commissioners.- The President shall grant of permit, lease, grant, or any other similar authority for the
appoint the seven (7) Commissioners of the NCIP within ninety disposition, utilization, management and appropriation by any
(90) days from the effectivity of this Act. private individual, corporate entity or any government agency,
corporation or subdivision thereof on any part or portion of the
ancestral domain taking into consideration the consensus
Sec. 44. Powers and Functions.- To accomplish its mandate, the approval of the ICCs/IPs concerned;
NCIP shall have the following powers, jurisdiction and function:
n) To decide all appeals from the decisions and acts of all the
a) To serve as the primary government agency through which various offices within the Commission:
ICCs/IPs can seek government assistance and as the medium,
thorough which such assistance may be extended;
o) To promulgate the necessary rules and regulations for the
implementation of this Act;
b) To review and assess the conditions of ICCs/IPs including
existing laws and policies pertinent thereto and to propose
relevant laws and policies to address their role in national p) To exercise such other powers and functions as may be
development; directed by the President of the Republic of the Philippines; and
c) To formulate and implement policies, plans, programs and q) To represent the Philippine ICCs/IPs in all international
projects for the economic, social and cultural development of the conferences and conventions dealing with indigenous peoples and
ICCs/IPs and to monitor the implementation thereof; other related concerns.
d) To request and engage the services and support of experts Sec. 45. Accessibility and Transparency.- Subject to such
from other agencies of government or employ private experts and limitations as may be provided by law or by rules and regulations
consultants as may be required in the pursuit of its objectives; promulgated pursuant thereto, all official records, documents and
papers pertaining to official acts, transactions or decisions, as well
as research data used as basis for policy development of the
e) To issue certificate of ancestral land/domain title; Commission shall be made accessible to the public.
f) Subject to existing laws, to enter into contracts, agreements, or Sec.46. Officers within the NCIP.- The NCIP shall have the following
arrangement, with government or private agencies or entities as offices which shall be responsible for the implementation of the
may be necessary to attain the objectives of this Act, and subject policies herein after provided:
to the approval of the President, to obtain loans from government
lending institutions and other lending institutions to finance its
programs; a. Ancestral Domains Office - The Ancestral Domain Office shall be
responsible for the identification, delineation and recognition of
ancestral land/domains. It shall also be responsible for the
g) To negotiate for funds and to accept grants, donations, gifts management of ancestral lands/domains in accordance with the
and/or properties in whatever form and from whatever source, master plans as well as the implementation of the ancestral
local and international, subject to the approval of the President of domain rights of the ICCs/IPs as provided in Chapter III of this Act.
the Philippines, for the benefit of ICCs/IPs and administer the
It shall also issue, upon the free and prior informed consent of the socio- political, cultural and economic rights are respected and
ICCs/IPs concerned, certification prior to the grant of any license, recognized. It shall ensure that capacity building mechanisms are
lease or permit for the exploitation of natural resources affecting instituted and ICCs/IPs are afforded every opportunity, if they so
the interests of ICCs/IPs in protecting the territorial integrity of all choose, to participate in all level decision-making. It shall likewise
ancestral domains. It shall likewise perform such other functions ensure that the basic human rights, and such other rights as the
as the Commission may deem appropriate and necessary; NCIP may determine, subject to existing laws, rules and
regulations are protected and promoted;
b. Office on Policy, Planning and Research - The Office on Policy,
Planning and Research shall be responsible for the formulation of f. Administrative Office - The Administrative Office shall provide
appropriate policies and programs for ICCs/IPs such as, but not the NCIP with economical, efficient and effective services
limited to, the development of a Five-Year Master Plan for the pertaining to personnel, finance, records, equipment, security,
ICCs/IPs. Such plan shall undergo a process such that every five supplies, and related services. It shall also administer the
years, the Commission shall endeavor to assess the plan and make Ancestral Domains Fund; and
ramifications in accordance with the changing situations. The
Office shall also undertake the documentation of customary law
g. Legal Affairs Office - There shall be a Legal Affairs Office which
and shall establish and maintain a Research Center that would
shall advice the NCIP on all legal matters concerning ICCs/IPs and
serve as a depository of ethnographic information for monitoring,
which shall be responsible for providing ICCs/IPs with legal
evaluation and policy formulation. It shall assist the legislative
assistance in litigation involving community interest. It shall
branch of the national government in the formulation of
conduct preliminary investigation on the basis of complaints filed
appropriate legislation benefiting ICCs/IPs.
by the ICCs/IPs against a natural or juridical person believed to
have violated ICCs/IPs rights. On the basis of its findings, it shall
c. Office of Education, Culture and Health - The Office on Culture, initiate the filing of appropriate legal or administrative action to
Education and Health shall be responsible for the effective the NCIP.
implementation of the education, cultural and related rights as
provided in this Act. It shall assist, promote and support
Sec. 47. Other Offices.- The NCIP shall have the power to create
community schools, both formal and non-formal, for the benefit
additional offices as it may deem necessary subject to existing
of the local indigenous community, especially in areas where
rules and regulations.
existing educational facilities are not accessible to members of the
indigenous group. It shall administer all scholarship programs and
other educational rights intended for ICC/IP beneficiaries in Sec. 48. Regional and Field Offices.- Existing regional and field
coordination with the Department of Education, Culture and offices shall remain to function under the strengthened
Sports and the Commission on Higher Education. It shall organizational structure of the NCIP. Other field office shall be
undertake, within the limits of available appropriation, a special created wherever appropriate and the staffing pattern thereof
program which includes language and vocational training, public shall be determined by the NCIP: Provided, That in provinces
health and family assistance program and related subjects. where there are ICCs/IPs but without field offices, the NCIP shall
establish field offices in said provinces.
It shall also identify ICCs/IPs with potential training in the health
profession and encourage and assist them to enroll in schools of Sec. 49. Office of the Executive Director.- The NCIP shall create the
medicine, nursing, physical therapy and other allied courses Office of the Executive Director which shall serve as its secretariat.
pertaining to the health profession. The office shall be headed by an Executive Director who shall be
appointed by the President of the Republic of the Philippines
upon the recommendation of the NCIP on a permanent basis. The
Towards this end, the NCIP shall deploy a representative in each
staffing pattern of the office shall be determined by the NCIP
of the said offices who shall personally perform the foregoing task
subject to existing rules and regulations.
and who shall receive complaints from the ICCs/IPs and compel
action from appropriate agency. It shall also monitor the activities
of the National Museum and other similar government agencies Sec. 50. Consultative Body.- A body consisting of the traditional
generally intended to manage and preserve historical and leaders, elders and representatives from the women and youth
archeological artifacts of the ICCs /IPs and shall be responsible for sectors of the different ICCs/IPs shall be constituted by the NCIP
the implementation of such other functions as the NCIP may from the time to time to advise it on matters relating to the
deem appropriate and necessary; problems, aspirations and interests of the ICCs/IPs.
10. Write-ups of names and places derived from the native dialect
Sec. 52. Delineation Process.- The identification and delineation of
of the community.
ancestral domains shall be done in accordance with the following
procedures:
e. Preparation of Maps - On the basis of such investigation and
the findings of fact based thereon, the Ancestral Domains Office
a. Ancestral Domains Delineated Prior to this Act - The provisions
of the NCIP shall prepare a perimeter map, complete with
hereunder shall not apply to ancestral domains/lands already
technical descriptions, and a description of the natural features
delineated according to DENR Administrative Order No. 2, series
and landmarks embraced therein;
of 1993, nor to ancestral lands and domains delineated under any
other community/ancestral domain program prior to the
enactment of his law. ICCs/IPs enactment of this law shall have f. Report of Investigation and Other Documents - A complete copy
the right to apply for the issuance of a Certificate of Ancestral of the preliminary census and a report of investigation, shall be
Domain Title (CADT) over the area without going through the prepared by the Ancestral Domains Office of the NCIP;
process outlined hereunder;
g. Notice and Publication - A copy of each document, including a
b. Petition for Delineation - The process of delineating a specific translation in the native language of the ICCs/IPs concerned shall
perimeter may be initiated by the NCIP with the consent of the be posted in a prominent place therein for at least fifteen (15)
ICC/IP concerned, or through a Petition for Delineation filed with days. A copy of the document shall also be posted at the local,
the NCIP, by a majority of the members of the ICCs/IPs; provincial and regional offices of the NCIP, and shall be published
in a newspaper of general circulation once a week for two (2)
consecutive weeks to allow other claimants to file opposition
c. Delineation Paper - The official delineation of ancestral domain
thereto within fifteen (15) days from the date of such publication:
boundaries including census of all community members therein,
Provided, That in areas where no such newspaper exists,
shall be immediately undertaken by the Ancestral Domains Office
broadcasting in a radio station will be a valid substitute: Provided,
upon filing of the application by the ICCs/IPs concerned.
further, That mere posting shall be deemed sufficient if both
Delineation will be done in coordination with the community
newspaper and radio station are not available;
concerned and shall at all times include genuine involvement and
participation by the members of the communities concerned;
h. Endorsement to NCIP - Within fifteen (15) days from
publication, and of the inspection process, the Ancestral Domains
d. Proof required - Proof of Ancestral Domain Claims shall include
Office shall prepare a report to the NCIP endorsing a favorable
the testimony of elders or community under oath, and other
action upon a claim that is deemed to have sufficient proof.
documents directly or indirectly attesting to the possession or
However, if the proof is deemed insufficient, the Ancestral
occupation of the area since time immemorial by such ICCs/IPs in
Domains Office shall require the submission of additional
the concept of owners which shall be any one (1) of the following
evidence: Provided, That the Ancestral Domains Office shall reject
authentic documents:
any claim that is deemed patently false or fraudulent after
inspection and verification: Provided, further, That in case of
rejection, the Ancestral Domains Office shall give the applicant
1. Written accounts of the ICCs/IPs customs and traditions; due notice, copy furnished all concerned, containing the grounds
for denial. The denial shall be appealable to the NCIP: Provided,
furthermore, That in cases where there are conflicting claims, the
2. Written accounts of the ICCs/IPs political structure and
Ancestral Domains Office shall cause the contending parties to
institution;
meet and assist them in coming up with a preliminary resolution
of the conflict, without prejudice to its full adjudication according
3. Pictures showing long term occupation such as those of old to the selection below.
improvements, burial grounds, sacred places and old villages;
i. Turnover of Areas Within Ancestral Domains Managed by Other
4. Historical accounts, including pacts and agreements concerning Government Agencies - The Chairperson of the NCIP shall certify
boundaries entered into by the ICCs/IPs concerned with other that the area covered is an ancestral domain. The secretaries of
ICCs/IPs; the Department of Agrarian Reform, Department of Environment
and Natural Resources, Department of the Interior and Local
5. Survey plans and sketch maps; Government, and Department of Justice, the Commissioner of the
National Development Corporation, and any other government
agency claiming jurisdiction over the area shall be notified
6. Anthropological data; thereof. Such notification shall terminate any legal basis for the
jurisdiction previously claimed;
7. Genealogical surveys;
j. Issuance of CADT - ICCs/IPs whose ancestral domains have been containing the grounds for denial. The denial shall be appealable
officially delineated and determined by the NCIP shall be issued a to the NCIP. In case of conflicting claims among individual or
CADT in the name of the community concerned, containing a list indigenous corporate claimants, the Ancestral domains Office
of all those identified in the census; and shall cause the contending parties to meet and assist them in
coming up with a preliminary resolution of the conflict, without
prejudice to its full adjudication according to Sec. 62 of this Act. In
k. Registration of CADTs - The NCIP shall register issued
all proceedings for the identification or delineation of the
certificates of ancestral domain titles and certificates of ancestral
ancestral domains as herein provided, the Director of Lands shall
lands titles before the Register of Deeds in the place where the
represent the interest of the Republic of the Philippines; and
property is situated.
Sec. 59. Certification Precondition.- all department and other Sec. 64. Remedial Measures.- Expropriation may be resorted to in
governmental agencies shall henceforth be strictly enjoined from the resolution of conflicts of interest following the principle of the
issuing, renewing, or granting any concession, license or lease, or "common good". The NCIP shall take appropriate legal action for
entering into any production-sharing agreement, without prior the cancellation of officially documented titles which were
certification from the NCIP that the area affected does not overlap acquired illegally: Provided, That such procedure shall ensure that
with any ancestral domain. Such certificate shall only be issued the rights of possessors in good faith shall be respected: Provided,
after a field-based investigation is conducted by the Ancestral further, That the action for cancellation shall be initiated within
Domain Office of the area concerned: Provided, That no certificate two (2) years from the effectivity of this Act: Provided, finally,
shall be issued by the NCIP without the free and prior informed That the action for reconveyance shall be a period of ten (10)
and written consent of the ICCs/IPs concerned: Provided, further, years in accordance with existing laws.
That no department, government agency or government-owned
or -controlled corporation may issue new concession, license,
CHAPTER IX
lease, or production sharing agreement while there is pending
JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS
application CADT: Provided, finally, That the ICCs/IPs shall have
the right to stop or suspend, in accordance with this Act, any
Sec. 65. Primary of Customary Laws and Practices.- When disputes
project that has not satisfied the requirement of this consultation
involve ICCs/IPs, customary laws and practices shall be used to
process.
resolve the dispute.
ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY Section 4. The Congress shall, as soon as possible, determine, by
law, the specific limits of forest lands and national parks, marking
clearly their boundaries on the ground. Thereafter, such forest
Section 2. All lands of the public domain, waters, minerals, coal,
lands and national parks shall be conserved and may not be
petroleum, and other mineral oils, all forces of potential energy,
increased nor diminished, except by law. The Congress shall
fisheries, forests or timber, wildlife, flora and fauna, and other
provide for such period as it may determine, measures to prohibit
natural resources are owned by the State. With the exception of
logging in endangered forests and watershed areas.
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 Section 5. The State, subject to the provisions of this Constitution
the State. The State may directly undertake such activities, or it and national development policies and programs, shall protect the
may enter into co-production, joint venture, or production- rights of indigenous cultural communities to their ancestral lands
sharing agreements with Filipino citizens, or corporations or to ensure their economic, social, and cultural well-being.
associations at least sixty per centum of whose capital is owned by
such citizens. Such agreements may be for a period not exceeding The Congress may provide for the applicability of customary laws
twenty-five years, renewable for not more than twenty-five years, governing property rights or relations in determining the
and under such terms and conditions as may be provided by law. ownership and extent of ancestral domain.
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.
Section 7. Save in cases of hereditary succession, no private lands
shall be transferred or conveyed except to individuals,
The State shall protect the nation's marine wealth in its corporations, or associations qualified to acquire or hold lands of
archipelagic waters, territorial sea, and exclusive economic zone, the public domain.
and reserve its use and enjoyment exclusively to Filipino citizens.
(e) "Small-scale mining contractor" refers to an individual or a (d) The extension of technical and financial assistance, and other
cooperative of small-scale miners, registered with the Securities social services;
and Exchange Commission or other appropriate government
agency, which has entered into an agreement with the State for
(e) The extension of assistance in processing and marketing;
the small-scale utilization of a plot of mineral land within a
people's small-scale mining area;
(f) The generation of ancillary livelihood activities;
(f) "Active mining area" refers to areas under actual exploration,
development, exploitation or commercial production as (g) The regulation of the small-scale mining industry with the view
determined by the Secretary after the necessary field to encourage growth and productivity; and
investigation or verification including contiguous and geologically
related areas belonging to the same claimowner and/or under (h) The efficient collection of government revenue.
contract with an operator, but in no case to exceed the maximum
area allowed by law;
Sec. 5. Declaration of People's Small-scale Mining Areas. — The
Board is hereby authorized to declare and set aside people's
(g) "Existing mining right" refers to perfected and subsisting claim, small-scale mining areas in sites onshore suitable for small-scale
lease, license or permit covering a mineralized area prior to its mining, subject to review by the Secretary, immediately giving
declaration as a people's small-scale mining area; priority to areas already occupied and actively mined by small-
scale miners before August 1, 1987: Provided, That such areas are
(h) "Claimowner" refers to a holder of an existing mining right; not considered as active mining areas: Provided, further, That the
minerals found therein are technically and commercially suitable
for small-scale mining activities: Provided, finally, That the areas
(i) "Processor" refers to a person issued a license to engage in the
are not covered by existing forest rights or reservations and have
treatment of minerals or ore-bearing materials such as by gravity
not been declared as tourist or marine reserved, parks and
concentration, leaching benefication, cyanidation, cutting, sizing,
wildlife reservations, unless their status as such is withdrawn by
polishing and other similar activities;
competent authority.
(j) "License" refers to the privilege granted to a person to Sec. 6. Future People's Small-scale Mining Areas. — The following
legitimately pursue his occupation as a small-scale miner or lands, when suitable for small-scale mining, may be declared by
processor under this Act; the Board as people's small scale mining areas:
(a) Public lands not subject to any existing right; vi
(k) "Mining plan" refers to a two-year program of activities and
methodologies employed in the extraction and production of (b) Public lands covered by existing mining rights which are not
minerals or ore-bearing materials, including the financial plan and active mining areas; and
other resources in support thereof;
(c) Private lands, subject to certain rights and conditions, except
(l) "Director" refers to the regional executive director of the those with substantial improvements or in bona fide and regular
Department of Environment and Natural Resources; and use as a yard, stockyard, garden, plant nursery, plantation,
cemetery or burial site, or land situated within one hundred
meters (100 m.) from such cemetery or burial site, water reservoir
(m) "Secretary" refers to the Secretary of the Department of
or a separate parcel of land with an area of ten thousand square
Environment and Natural Resources.
meters (10,000 sq. m.) or less.
The Department shall establish assay laboratories to cross-check (b) Reserve future gold and other mining areas for small-scale
the integrity of custom mills and to render metallurgical and mining;
laboratory services to mines.
(c) Award contracts to small-scale miners;
Custom mills shall be constituted as withholding agents for the
royalties, production share or other taxes due the Government.
(d) Formulate and implement rules and regulations related to
small-scale mining;
Sec. 19. Government Share and Allotment. — The revenue to be
derived by the Government from the operation of the mining
(e) Settle disputes, conflicts or litigations over conflicting claims
program herein established shall be subject to the sharing
within a people's small-scale mining area, an area that is declared
provided in the Local Government Code.
a small-mining; and
Sec. 27. Penal Sanctions. — Violations of the provisions of this Act 2. Whether or not the FTAA between the government
or of the rules and regulations issued pursuant hereto shall be and WMCP is a “service contract” that permits fully
penalized with imprisonment of not less than six (6) months nor foreign owned companies to exploit Philippine mineral
more than six (6) years and shall include the confiscation and resources
seizure of equipment, tools and instruments.
3. Whether the Court has a role in the exercise of the
power of control over the EDU of our natural resources
HELD:
Cases
1) RA 7942 or the Philippine Mining Act of 1995 is
unconstitutional for permitting fully foreign owned
La Bugal B’laan Tribal Association Inc., et al. V. Victor O. Ramos, corporations to exploit Philippine natural resources.
Secretary Department of Environment and Natural Resources;
Horacio Ramos, Director, Mines and Geosciences Bureau (MGB- Article XII Section 2 of the 1987 Constitution retained the Regalian
DENR); doctrine which states that “All lands of the public domain, waters,
minerals, coal, petroleum, and other minerals, coal, petroleum,
The constitutional provision allowing the President to enter into and other mineral oils, all forces of potential energy, fisheries,
FTAAs is an exception to the rule that participation in the nation’s forests or timber, wildlife, flora and fauna, and other natural
natural resources is reserved exclusively to Filipinos. Provision resources are owned by the State.” The same section also states
must be construed strictly against their enjoyment by non- that, “exploration and development and utilization of natural
Filipinos. resources shall be under the full control and supervision of the
State.”
RA 7942 (The Philippine Mining Act) took effect on April 9, 1995.
Before the effectivity of RA 7942, or on March 30, 1995, the Conspicuously absent in Section 2 is the provision in the 1935 and
President signed a Financial and Technical Assistance Agreement 1973 Constitutions authorizing the State to grant licenses,
(FTAA) with WMCP, a corporation organized under Philippine concessions, or leases for the exploration, exploitation,
laws, covering close to 100, 000 hectares of land in South development or utilization of natural resources. Y such omission,
Cotabato, Sultan Kudarat, Davao del Sur and North Cotabato. On the utilization of inalienable lands of public domain through
August 15, 1995, the Environment Secretary Victor Ramos issued license, concession or lease is no longer allowed under the 1987
DENR Administrative Order 95-23, which was later repealed by Constitution.
DENR Administrative Order 96-40, adopted on December 20,
1996. Under the concession system, the concessionaire makes a direct
equity investment for the purpose of exploiting a particular
Petitioners prayed that RA 7942, its implementing rules, and the natural resource within a given area. The concession amounts to
FTAA between the government and WMCP be declared complete control by the concessionaire over the country’s natural
unconstitutional on ground that they allow fully foreign owned resource, for it is given exclusive and plenary rights to exploit a
corporations like WMCP to exploit, explore and develop Philippine particular resource at the point of extraction.
mineral resources in contravention of Article XII Section 2
paragraphs 2 and 4 of the Charter. The 1987 Constitution, moreover, has deleted the phrase
“management or other forms of assistance” in the 1973 Charter.
In January 2001, MMC – a publicly listed Australian mining and The present Constitution now allows only “technical and financial
exploration company – sold its whole stake in WMCP to assistance.” The management or operation of mining activities by
Sagittarius Mines, 60% of which is owned by Filipinos while 40% of foreign contractors, the primary feature of service contracts was
which is owned by Indophil Resources, an Australian company. precisely the evil the drafters of the 1987 Constitution sought to
DENR approved the transfer and registration of the FTAA in avoid.
Sagittarius’ name but Lepanto Consolidated assailed the same.
The latter case is still pending before the Court of Appeals. The constitutional provision allowing the President to enter into
FTAAs is an exception to the rule that participation in the nation’s
natural resources is reserved exclusively to Filipinos. Accordingly
such provision must be construed strictly against their enjoyment of the judiciary. However, should the President and/or
by non-Filipinos. Therefore RA 7942 is invalid insofar as said act Congress gravely abuse their discretion in this regard, the
authorizes service contracts. Although the statute employs the courts may -- in a proper case -- exercise their residual duty
phrase “financial and technical agreements” in accordance with under Article VIII. Clearly then, the judiciary should not
the 1987 Constitution, its pertinent provisions actually treat these inordinately interfere in the exercise of this presidential
agreements as service contracts that grant beneficial ownership power of control over the EDU of our natural resources.
to foreign contractors contrary to the fundamental law.
Under the doctrine of separation of powers and due respect for
The underlying assumption in the provisions of the law is that the co-equal and coordinate branches of government, the Court must
foreign contractor manages the mineral resources just like the restrain itself from intruding into policy matters and must allow
foreign contractor in a service contract. By allowing foreign the President and Congress maximum discretion in using the
contractors to manage or operate all the aspects of the mining resources of our country and in securing the assistance of foreign
operation, RA 7942 has in effect conveyed beneficial ownership groups to eradicate the grinding poverty of our people and
over the nation’s mineral resources to these contractors, leaving answer their cry for viable employment opportunities in the
the State with nothing but bare title thereto. country. “The judiciary is loath to interfere with the due exercise
by coequal branches of government of their official functions.” As
The same provisions, whether by design or inadvertence, permit a aptly spelled out seven decades ago by Justice George Malcolm,
circumvention of the constitutionally ordained 60-40% “Just as the Supreme Court, as the guardian of constitutional
capitalization requirement for corporations or associations rights, should not sanction usurpations by any other department
engaged in the exploitation, development and utilization of of government, so should it as strictly confine its own sphere of
Philippine natural resources. influence to the powers expressly or by implication conferred on it
by the Organic Act.” Let the development of the mining industry
When parts of a statute are so mutually dependent and be the responsibility of the political branches of government. And
connected as conditions, considerations, inducements or let not the Court interfere inordinately and unnecessarily. The
compensations for each other as to warrant a belief that the Constitution of the Philippines is the supreme law of the land. It is
legislature intended them as a whole, then if some parts are the repository of all the aspirations and hopes of all the people.
unconstitutional, all provisions that are thus dependent,
conditional or connected must fall with them. The Constitution should be read in broad, life-giving strokes. It
should not be used to strangulate economic growth or to serve
Under Article XII Section 2 of the 1987 Charter, foreign owned narrow, parochial interests. Rather, it should be construed to
corporations are limited only to merely technical or financial grant the President and Congress sufficient discretion and
assistance to the State for large scale exploration, development reasonable leeway to enable them to attract foreign investments
and utilization of minerals, petroleum and other mineral oils. and expertise, as well as to secure for our people and our
posterity the blessings of prosperity and peace. The Court fully
sympathize with the plight of La Bugal B’laan and other tribal
2) The FTAA between WMCP and the Philippine government is groups, and commend their efforts to uplift their communities.
likewise unconstitutional since the agreement itself is a However, the Court cannot justify the invalidation of an otherwise
service contract. constitutional statute along with its implementing rules, or the
nullification of an otherwise legal and binding FTAA contract. The
Section 1.3 of the FTAA grants WMCP, a fully foreign owned Court believes that it is not unconstitutional to allow a wide
corporation, the “exclusive right to explore, exploit, utilize and degree of discretion to the Chief Executive, given the nature and
dispose of all minerals and by-products that may be produced complexity of such agreements, the humongous amounts of
from the contract area.” Section 1.2 of the same agreement capital and financing required for large-scale mining operations,
provides that WMCP shall provide “all financing, technology, the complicated technology needed, and the intricacies of
management, and personnel necessary for the Mining international trade, coupled with the State’s need to maintain
Operations.” flexibility in its dealings, in order to preserve and enhance our
country’s competitiveness in world markets. On the basis of this
These contractual stipulations and related provisions in the FTAA control standard, the Court upholds the constitutionality of the
taken together, grant WMCP beneficial ownership over natural Philippine Mining Law, its Implementing Rules and Regulations --
resources that properly belong to the State and are intended for insofar as they relate to financial and technical agreements -- as
the benefit of its citizens. These stipulations are abhorrent to the well as the subject Financial and Technical Assistance Agreement
1987 Constitution. They are precisely the vices that the
fundamental law seeks to avoid, the evils that it aims to suppress.
Consequently, the contract from which they spring must be struck
down. Separate Opinion of Justice Panganiban
3) The Chief Executive is the official constitutionally mandated The FTAA is now to be implemented by a Filipino corporation,
to “enter into agreements with foreign owned therefore the Court can no longer declare it unconstitutional. The
corporations.” On the other hand, Congress may review the CA case is a dispute between two Filipino corporations (Sagittarius
action of the President once it is notified of “every contract and Lepanto) both claiming the right to purchase the foreign
entered into in accordance with this [constitutional] shares in WMCP. Regardless of which side eventually prevails, the
provision within thirty days from its execution.” In contrast FTAA would still be in the hands of a qualified Filipino firm. The
to this express mandate of the President and Congress in the present Constitution, moreover, does not limit foreign
exploration, development and utilization (EDU) of natural participation in the exploration, development and utilization of
resources, Article XII of the Constitution is silent on the role minerals, petroleum and mineral oils to financial or technical
assistance. The drafters’ choice of words and excerpts from
deliberations of the Constitutional Commission reveal that the A portion of thecontested area open to small scale miners, several
present Charter did not limit to financial or technical assistance mining entities filed applications for Mineral Production Sharing
the participation of foreign corporations in the large-scale Agreement. Monkayo Integrated Small Scale Miners Association
exploration, development, and utilization of minerals, petroleum (MISSMA) filed an MPSA application which was denied by the
and mineral oils. BMG on the grounds that the area applied for is within the area
The drafters’ use of the phrase “agreements xxx involving xxx covered by MMC EP 133and that the MISSMA was not qualified to
technical or financial assistance” – in Article XII Section 2 of the apply for an MPSA.MMC assigned EP 133 to Southeast Mindanao
1987 Charter does not absolutely show intent to exclude other Gold Mining Corporation. BMG accepted and registered SEMs
modes of assistance. “Rather the phrase signifies the possibility of MPSA application and the Deed of Assignment over EP 133
the inclusion of other activities, provided they bear some executed in its favor by MMC.SEM¶s application was designated
reasonable relationship to and compatibility with financial or MPSA Application No. 128 (MPSAA 128).The PA rendered a
technical assistance.” If the drafters intended to strictly confine resolution that EP 133 was valid and subsisting. It also declared
foreign corporations to financial or technical assistance only, they that the BMG Director, under Section 99 of the Consolidated
would have employed “restrictive” or “stringent” language. Mines Administrative Order implementing Presidential Decree No.
463, was authorized to issue exploration permits and to renew
Excerpts from then deliberations of the Constitutional the same without limit. The validity of Ex loration Permit No. 133
Commission likewise show that its members discussed “technical was reiterated and all the adverse claims against MPSAA No.128
or financial assistance agreements” in the same breath as “service are DISMISSED.
contracts” and used the terms interchangeably. The members of
the Concom actually had in mind the Marcos-era service contracts Undaunted by the PA ruling, the adverse claimants appealed to
that they were more familiar with (but which they duly modified the Mines Adjudication Board. In aDecision, the MAB considered
and restricted so as to prevent present abuses), when they were erroneous the dismissal by the PA of the adverse claims filed
crafting and polishing the provisions dealing with financial and/or againstMMC and SEM over a mere technicality of failure to submit
technical assistance agreements. a sketch plan. It argued that the rules of procedure are not meant
to defeat substantial justice as the former are merely secondary in
The Concom discussions in their entirely had to do with service importance to the latter. Dealing with the question on EP 133¶s
contracts that might be given to foreign-owned corporations as validity, the MAB opined that said issue was not crucial and was
exceptions to the general principle of Filipino control of the irrelevant in adjudicating the appealed case because EP 133 has
economy long expired due to its non-renewal and that the holder of the
same, MMC, was no longer a claimant of the Agusan-Davao-
Surigao Forest Reserve having relinquished its right to SEM. After
APEX MINING CO., INC. vs. SOUTHEAST MINDANAO GOLD it brushed aside the issue of the validity of EP133 for being
MINING CORP irrelevant, the MAB proceeded to treat SEM¶s MPSA application
over the disputed area asan entirely new and distinct application.
Proclamation No. 369 was issued to establish the Agusan-Davao- It approved the MPSA application, excluding the area
Surigao Forest Reserve.Camilo Banad and his group, who claimed segregated by DAO No. 66, which declared 729 hectares within
to have first discovered traces of gold in Mount Diwata, filed the Diwalwal area as non-forest lands open for small-scale mining.
aDeclaration of Location for six mining claims in the
area. Apex Mining Corporation entered intooperating agreements Dissatisfied, the Villaflor group and Balite appealed the decision to
with Banad and his group.Marcopper Mining Corporation filed this Court. SEM, aggrieved by the exclusion of 729 hectares from
mining claims for areas adjacent to the area covered by the DOL its MPSA application, likewise appealed. Apex filed a Motion for
of Banad and his group. MMC abandoned the claims and instead Leave to Admit Petition for Intervention predicated on its right to
applied for a prospecting permit with theBureau of Forest stake its claim over the Diwalwal gold rush which was granted by
Development. BFD issued a Prospecting Permit to MMC covering the Court. These cases, however, were remanded to the Court of
an area within theforest reserve under Proclamation No. 369. The Appeals for proper disposition pursuant to Rule 43 of the 1997
permit embraced the areas claimed by Apex and the Rules of Civil Procedure. The Court of Appeals consolidated the
other individual mining claimants. MMC filed before the BMG a remanded cases as CA-G.R. SP No. 61215 and No. 61216.The
Petition for the Cancellation of the MiningClaims of Apex and Court of Appeals affirmed in toto the decision of the PA and
Small Scale Mining Permits. declared null and void the MAB decision. Hence, the instant
Petitions for Review on Certiorari under Rule 45 of the Rules of
MMC alleged that the areas covered by its EP 133 and the mining Court filed by Apex, Balite and MAB. During the pendency of these
claims of Apex were within an established and existing forest Petitions, President Gloria Macapagal-Arroyo issued Proclamation
reservation. Apex filed a motion to dismiss MMC¶s petition No. 297.This proclamation excluded an area of 8,100 hectares
alleging that its mining claims are not within any established or located in Monkayo, Compostela Valley, and proclaimed the same
proclaimed forest reserve, and as such, the acquisition of mining as mineral reservation and as environmentally critical area.
rights thereto must be undertaken via registration of DOL with the Subsequently, DENR Administrative Order No. 2002-18 was issued
BMG and not through the filing of application for permit declaring an emergency situation in the Diwalwal gold rush area
to prospect with the BFD. However, Supreme Court rendered a and ordering the stoppage of all mining operations therein.
Decision against Apex holding that the disputed area is a forest Thereafter, Executive Order No. 217was issued by the President
reserve; hence, the proper procedure in acquiring mining rights creating the National Task Force Diwalwal which is tasked to
therein is by initially applying for a permit to prospect with the address the situation in the Diwalwal Gold Rush Area.
BFD and not through a registration of DOL with the BMG. DENR
issued Department Administrative Order No. 66 declaring areas Issue
covered by the Agusan-Davao-Surigao Forest Reserve as non-
forest lands and open to small-scale mining purposes. Whether the subsequent acts of the executive department such
as the issuance of Proclamation No. 297,and DAO No. 2002-18 can
outweigh Apex and Balites claims over the Diwalwal Gold Rush Court had ruled that a single act or incident might offend against
Area. two or more entirely distinct and unrelated provisions of law thus
justifying the prosecution of the accused for more than one
Held offense. The only limit to this rule is the Constitutional prohibition
that no person shall be twice put in jeopardy of punishment for
Upon the effectivity of the 1987 Constitution, the State assumed a the same offense.
more dynamic role in the exploration,development and utilization
of the natural resources of the country. With this policy, the State However, for the limited purpose of controverting petitioners’
may pursuefull control and supervision of the exploration, claim that they should be charged with one offense only, the SC
development and utilization of the country¶s naturalmineral quote with approval RTC’s comparative analysis of PD 1067, PD
resources. The options open to the State are through direct 984, RA 7942, and Article 365 of the RPC showing that in each of
undertaking or by entering into co- production, joint venture, or these laws on which petitioners were charged, there is one
production-sharing agreements, or by entering into agreement essential element not required of the others, thus:
with foreign-owned corporations for large-scale exploration,
development and utilization. Recognizing the importance of the In P.D. 1067 (Philippines Water Code), the additional element to
country’s natural resources, not only for national economic be established is the dumping of mine tailings into the Makulapnit
development, but also for its security and national defense, River and the entire Boac River System without prior permit from
Section 5 of Republic Act No. 7942 empowers the President, when the authorities concerned. The gravamen of the offense here is
the national interest so requires, to establish mineral reservations the absence of the proper permit to dump said mine tailings. This
where mining operations shall be undertaken directly by the State element is not indispensable in the prosecution for violation of PD
or through a contractor 984 (Anti-Pollution Law), [RA] 7942 (Philippine Mining Act) and
Art. 365 of the Revised Penal Code. One can be validly prosecuted
for violating the Water Code even in the absence of actual
Loney vs. People of the Philippines pollution, or even if it has complied with the terms of its
Environmental Compliance Certificate, or further, even if it did
Petitioners are officers of Marcopper Mining Corp., engaged in take the necessary precautions to prevent damage to property.
mining in the province of Marinduque. Marcopper had been
storing tailings from its operation in a pit in Mt. Taipan, at the In P.D. 984 (Anti-Pollution Law), the additional fact that must be
base of which ran a drainage leading to Boac and Makalupnit proved is the existence of actual pollution. The gravamen is the
rivers. Consequently, Marcopper had discharged millions of tons pollution itself. In the absence of any pollution, the accused must
of tailings into the rivers. be exonerated under this law although there was unauthorized
dumping of mine tailings or lack of precaution on its part to
prevent damage to property.
In August 1996, the DOJ charged petitioners with violation of the
Water Code of the Philippines, the National Pollution Control
In R.A. 7942 (Philippine Mining Act), the additional fact that must
Decree, Philippine Mining Act and RPC for Reckless Imprudence
be established is the willful violation and gross neglect on the part
Resulting in Damage to Property. Petitioners moved to quash the
of the accused to abide by the terms and conditions of the
information on grounds that these were “duplicitous” as DOJ
Environmental Compliance Certificate, particularly that the
charged more than one offense for a single act and that the
Marcopper should ensure the containment of run-off and silt
Informations contain allegations which constitute legal excuse or
materials from reaching the Mogpog and Boac Rivers. If there was
justification.
no violation or neglect, and that the accused satisfactorily proved
[sic] that Marcopper had done everything to ensure containment
The MTC ruled that as far as the 3 laws are concerned, only the of the run-off and silt materials, they will not be liable. It does not
Information for violation of Philippine Mining Act should be follow, however, that they cannot be prosecuted under the Water
maintained. Thus, the Informations for violation of Anti-Pollution Code, Anti-Pollution Law and the Revised Penal Code because
Law and the Water Code should be dismissed because the violation of the Environmental Compliance Certificate is not an
elements constituting the aforesaid violations are absorbed by the essential element of these laws.
same elements which constitute violation of the Philippine Mining
Act. The RTC reversed the said decision and ruled that there can On the other hand, the additional element that must be
be no absorption by one offense of the three other offenses, as established in Art. 365 of the Revised Penal Code is the lack of
the acts penalized by these laws are separate and distinct from necessary or adequate precaution, negligence, recklessness and
each other. This was affirmed by the CA. imprudence on the part of the accused to prevent damage to
property. This element is not required under the previous laws.
Petitioners contend that they should be charged with only one Unquestionably, it is different from dumping of mine tailings
offense – Reckless Imprudence Resulting in Damage to Property without permit, or causing pollution to the Boac river system,
— because all the charges filed against them are based on a single much more from violation or neglect to abide by the terms of the
act or incident of polluting the Boac and Makalupnit rivers thru Environmental Compliance Certificate. Moreover, the offenses
dumping of mine tailings" and that the charge for violation of punished by special law are mal[a] prohibita in contrast with
Article 365 of the RPC "absorbs" the other charges since the those punished by the Revised Penal Code which are mala in se.29
element of "lack of necessary or adequate protection, negligence, Consequently, the filing of the multiple charges against
recklessness and imprudence" is common among them. petitioners, although based on the same incident, is consistent
with settled doctrine.
Ruling On petitioners’ claim that the charge for violation of Article 365 of
the RPC absorbs the charges for violation of PD 1067, PD 984, and
RA 7942, suffice it to say that a mala in se felony (such as Reckless
Imprudence Resulting in Damage to Property) cannot absorb mala
prohibita crimes (such as those violating PD 1067, PD 984, and RA
7942). What makes the former a felony is criminal intent (dolo) or
negligence (culpa); what makes the latter crimes are the special
laws enacting them.
(d) Forest lands include the public forest, the permanent forest or
forest reserves, and forest reservations.
PD No. 705 : Revised Forestry Code of the Philippines (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.
WHEREAS, proper classification, management and utilization of
the lands of the public domain to maximize their productivity to
meet the demands of our increasing population is urgently (f) Mineral lands refer to those lands of the public domain which
needed; have been classified as such by the Secretary of Natural Resources
in accordance with prescribed and approved criteria, guidelines
and procedure.
WHEREAS, to achieve the above purpose, it is necessary to
reassess the multiple uses of forest lands and resources before
allowing any utilization thereof to optimize the benefits that can (g) Forest reservations refer to forest lands which have been
be derived therefrom; reserved by the President of the Philippines for any specific
purpose or purposes.
WHEREAS, it is also imperative to place emphasis not only on the
utilization thereof but more so on the protection, rehabilitation (h) National park refers to a forest land reservation essentially of
and development of forest lands, in order to ensure the continuity primitive or wilderness character which has been withdrawn from
of their productive condition; 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
WHEREAS, the present laws and regulations governing forest
features in such a manner as will leave them unimpaired for
lands are not responsive enough to support re-oriented
future generations.
government programs, projects and efforts on the proper
classification and delimitation of the lands of the public domain,
and the management, utilization, protection, rehabilitation, and (i) Game refuge or bird sanctuary refers to a forest land
development of forest lands; 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.
Section 2. Policies. The State hereby adopts the following policies:
(j) Marine parks refers to any off-shore area inhabited by rare and
(a) The multiple uses of forest lands shall be oriented to the
unique species of marine flora and fauna.
development and progress requirements of the country, the
advancement of science and technology, and the public welfare;
(k) Seashore park refers to any public shore area delimited for
outdoor recreation, sports fishing, water skiing and related
(b) Land classification and survey shall be systematized and
healthful activities.
hastened;
Section 3. Definitions.
(n) Critical watershed is a drainage area of a river system
supporting existing and proposed hydro-electric power and
(a) Public forest is the mass of lands of the public domain which irrigation works needing immediate rehabilitation as it is being
has not been the subject of the present system of classification for subjected to a fast denudation causing accelerated erosion and
the determination of which lands are needed for forest purposes destructive floods. It is closed from logging until it is fully
and which are not. rehabilitated.
(o) Mangrove is a term applied to the type of forest occurring on forest raw materials into lumber, veneer, plywood, wallboard,
tidal flat along the sea coast, extending along streams where the block-board, paper board, pulp, paper or other finished wood
water is brackish. products.
(p) Kaingin is a portion of the forest land, whether occupied or (bb) Lease is a privilege granted by the State to a person to occupy
not, which is subjected to shifting and/or permanent slash-and- and possess, in consideration of a specified rental, any forest land
burn cultivation having little or no provision to prevent soil of the public domain in order to undertake any authorized activity
erosion. therein.
(q) Forest product means timber, pulpwood, firewood, bark, tree (cc) License is a privilege granted by the State to a person to
top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other utilize forest resources as in any forest land, without any right of
forest growth such as grass, shrub, and flowering plant, the occupation and possession over the same, to the exclusion of
associated water, fish, game, scenic, historical, recreational and others, or establish and operate a wood-processing plant, or
geologic resources in forest lands. conduct any activity involving the utilization of any forest
resources.
(r) Dipterocarp forest is a forest dominated by trees of the
dipterocarp species, such as red lauan, tengile, tiaong, white (dd) License agreement is a privilege granted by the State to a
lauan, almon, bagtikan and mayapis of the Philippine mahogany person to utilize forest resources within any forest land with the
group, apitong and the yakals. 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
(s) Pine forest is a forest composed of the Benguet Pine in the
accordance with the terms and conditions set forth in said
Mountain Provinces or the Mindoro pine in Mindoro and
agreement.
Zambales provinces.
CHAPTER I
Section 9. Rules and Regulations. The Department Head, upon the
ORGANIZATION AND JURISDICTION OF THE BUREAU
recommendation of the Director of Forest Development, shall
promulgate the rules and regulations necessary to implement
Section 4. Creation of, and merger of all forestry agencies into, effectively the provisions of this Code.
the Bureau of Forest Development. For the purpose of
implementing the provisions of this Code, the Bureau of Forestry,
Section 10. Creation of Functional Divisions, and Regional and
the Reforestation Administration, the Southern Cebu
District Offices. All positions in the merged agencies are
Reforestation Development Project, and the Parks and Wildlife
considered vacant. Present occupants may be appointed in
Office, including applicable appropriations, records, equipment,
accordance with a staffing pattern or plan of organization to be
property and such personnel as may be necessary, are hereby
prepared by the Director and approved by the Department Head.
merged into a single agency to be known as the Bureau of Forest
Any appointee who fails to report for duty in accordance with the
Development, hereinafter referred to as the Bureau.
approved plan within thirty (30) days upon receipt of notification
shall be deemed to have declined the appointment, in which case
Section 5. Jurisdiction of Bureau. The Bureau shall have the position may be filed by any other qualified applicant.
jurisdiction and authority over all forest land, grazing lands, and
all forest reservations including watershed reservations presently
For the efficient and effective implementation of the program of
administered by other government agencies or instrumentalities.
the Bureau, the following divisions and sections are hereby
created, to wit:
It shall be responsible for the protection, development,
management, regeneration, and reforestation of forest lands; the
The Department Head may, upon recommendation of the
regulation and supervision of the operation of licensees, lessees
Director, reorganize or create such other divisions, sections of
and permittees for the taking or use of forest products therefrom
units as may be deemed necessary and to appoint the personnel
or the occupancy or use thereof; the implementation of multiple
there: Provided, That an employee appointed or designated as
use and sustained yield management in forest lands; the
officer-in-charge of a newly created division, section or unit, or to
protection, development and preservation of national parks,
an existing vacant position with a higher salary, shall receive, from
marine parks, game refuges and wildlife; the implementation of
the date of such appointment or designation until he is replaced
measures and programs to prevent kaingin and managed
or reverted to his original position, the salary corresponding to
occupancy of forest and grazing lands; in collaboration with other
the position temporarily held by him.
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 There shall be created at least eleven regional offices. In each
regulations. 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
The Bureau shall regulate the establishment and operation of
and other factors, the provisions of any law to the contrary
sawmills, veneer and plywood mills and other wood processing
notwithstanding: Provided, That the boundaries of such districts
plants and conduct studies of domestic and world markets of
shall follow, whenever possible, natural boundaries of watersheds
forest products.
under the river-basin concept of management.
Section 15. Topography. No land of the public domain eighteen 10. Areas previously proclaimed by the President as
per cent (18%) in slope or over shall be classified as alienable and forest reserves, national parks, game refuge, bird
disposable, nor any forest land fifty per cent (50%) in slope or sanctuaries, national shrines, national historic sites:
over, as grazing land.
Provided, That in case an area falling under any of the foregoing
Lands eighteen per cent (18%) in slope or over which have already categories shall have been titled in favor of any person, steps shall
been declared as alienable and disposable shall be reverted to the be taken, if public interest so requires, to have said title cancelled
classification of forest lands by the Department Head, to form or amended, or the titled area expropriated.
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 Section 17. Establishment of boundaries of forest lands. All
of not less than thirty (30) years as of the effectivity of this Code, boundaries between permanent forests and alienable and
where the occupant is qualified for a free patent under the Public disposable lands shall be clearly marked and maintained on the
Land Act: Provided, That said lands, which are not yet part of a ground, with infrastructure or roads, or concrete monuments at
well-established communities, shall be kept in a vegetative intervals of not more than five hundred (500) meters in
condition sufficient to prevent erosion and adverse effects on the accordance with established procedures and standards, or any
lowlands and streams: Provided, further, That when public other visible and practicable signs to insure protection of the
interest so requires, steps shall be taken to expropriate, cancel forest.
defective titles, reject public land application, or eject occupants
thereof. Section 18. Reservations in forest lands and off-shore areas. The
President of the Philippines may establish within any lands of the
Section 16. Areas needed for forest purposes. The following lands, public domain, forest reserve and forest reservation for the
even if they are below eighteen per cent (18%) in slope, are 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 Any practised system are subject to modification or changes
the public forest or forest reserve as site or experimental forest based on research findings.
for use of the Forest Research Institute.
Section 23. Timber inventory. The Bureau shall conduct a program
When public interest so requires, any off-shore area needed for of progressive inventories of the harvestable timber and young
the preservation and protection of its educational, scientific, trees in all forest lands, whether covered by any license
historical, ecological and recreational values including the marine agreement, license, lease or permit, or not, until a one hundred
life found therein, shall be established as marine parks. per cent (100%) timber inventory thereon has been achieved.
(a) For dipterocarp forest, selective logging shall be It shall be a condition for the continued privilege to harvest
practised. timber under any license or license agreement that the licensee
shall reforest all the areas which shall be determined by the
(b) For pine forest, the seed tree system with planting Bureau.
when necessary shall be practised.
Section 28. Size of forest concessions. Forest lands shall not be
(c) For other types of forest, the silvicultural and held in perpetuity.
harvesting system that will be found suitable by
research shall be applied. Meanwhile, a system based The size of the forest lands which may be the subject of timber
on observation and practices abroad may be adopted utilization shall be limited to that which a person may effectively
initially. 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 (a) Bare or grass-covered tracts of forest lands with at least fifty
plants existing or to be installed in the region. per cent (50%) slope;
Forest concessions which had been the subject of consolidations (b) Bare or grass-covered tracts of forest lands with less than fifty
shall be reviewed and re-evaluated for the effective per cent (50%) slope, but with soil so highly erodible as to make
implementation of protection, reforestation and management grass cover inadequate for soil erosion control;
thereof under the multiple use and sustained yield concepts, and
for the processing locally of the timber resources therefrom.
(c) Brushlands or tracts of forest lands generally covered with
brush, which need to be developed to increase their productivity;
B. WOOD-PROCESSING
(d) Open tracts of forest lands with slopes or gradients generally
Section 29. Incentives to the wood industry. The Department exceeding fifty per cent (50%), interspersed with patches of forest
Head, in collaboration with other government agencies and the each of which is less than two hundred fifty (250) hectares in area;
wood industry associations and other private entities in the
country, shall evolve incentives for the establishment of an
(e) Denuded or inadequately-timbered areas proclaimed by the
integrated wood industry in designated wood industry centers
President as forest reserves and reservations as critical
and/or economic area.
watersheds, national parks, game refuge, bird sanctuaries,
national shrines, national historic sites;
The President of the Philippines, upon the recommendations of
the National Economic Development Authority and the
(f) Inadequately-stocked forest lands within forest concessions;
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 (g) Portions of areas covered by pasture leases or permits having a
imposed by the Bureau, in collaboration with proper government slope of at least fifty per cent (50%); and
agencies, to prevent the introduction of pests, insects and/or
diseases detrimental to the forests. (h) River banks, easements, road rights-of-ways, deltas, swamps,
former river beds, and beaches.
Section 30. Rationalization of the wood industry. While
establishment of wood-processing plants shall be encouraged, Section 34. Industrial Tree Plantations and Tree Farms. A lease for
their locations and operations shall be regulated in order to a period of twenty-five (25) years, renewable for another period
rationalize the industry. No new processing plant shall be not exceeding twenty-five (25) years, for the establishment of an
established unless adequate raw material is available on a industrial tree plantation or a tree farm may be granted by the
sustained-yield basis in the area where the raw materials will Department Head upon recommendation of the Director to any
come from. person qualified to develop and exploit natural resources, over
timber or forest lands of the public domain categorized in Section
The Department Head may cancel, suspend, or phase-out all 33 hereof, with a minimum area of One Thousand (1,000)
uneconomical wood-processing plants which are not responsive hectares for industrial tree plantation and One Hundred (100)
to the rationalization program of the government. 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
Section 31. Wood wastes, weed trees and residues. Timber
into productive condition within the term of the lease; Provided,
licensees shall be encouraged and assisted to gather and save the
further, That no lease shall be granted within critical watersheds.
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. 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
Section 32. Log production and processing. Unless otherwise
integrated unit these areas can be economically exploited:
decreed by the President, upon recommendation of the National
Provided, That it shall be a condition of the lease that such
Economic Development Authority, the entire production of logs
persons organize themselves into a cooperative to ensure the
by all licensees shall, beginning January 1, 1976, be processed
orderly management thereof.
locally.
The lease may be granted under such terms and conditions as the
A licensee who has no processing plant may, subject to the
Department Head may prescribe, taking into account, among
approval of the Director, enter into a contract with a wood
others, the raw material needs of forest-based industries and the
processor for the processing of his logs. Wood processors shall
maintenance of a wholesome ecological balance.
accept for processing only logs cut by, or purchased from,
licensees of good standing at the time of the cutting of logs.
Reforestation projects of the Government, or portions thereof
which, upon field evaluation, are found to be more suitable for, or
C. REFORESTATION
can be better developed as, industrial tree plantations or tree
farms in terms of benefits to the Government and the general
Section 33. Forest lands to be reforested. The following shall be surrounding area, may be the subject of the lease under this
reforested and covered with suitable and sufficient trees, to wit: section.
Section 35. Priority. Over any suitable area covered by a timber Provided, That such investment shall not be withdrawn for a
license agreement, or a pasture lease agreement or permit, the period of at least ten (10) years from the date of investment:
priority to establish industrial forest plantation or tree farm shall Provided, further, That should the investment be withdrawn
be given to the holder thereof. 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
The priority herein granted must, however, be availed of within a
from the taxpayer for the year the investment was withdrawn.
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. (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
Section 36. Incentives. To encourage qualified persons to engage
ground, shall not be altered or modified; and
in industrial tree plantation and/or tree farming, the following
incentives are granted:
(h) A lessee shall not be subject to any obligation prescribed in, or
arising out of, the provisions of the National Internal Revenue
(a) Payment of a nominal filing fee of fifty centavos (P0.50) per
Code on withholding of tax at source upon interests paid on
hectare;
borrowings incurred for development and operation of the
industrial tree plantation or tree farm.
(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
The Department Head may provide other incentives in addition to
annual rental shall be fifty centavos (P0.50) per hectare; and
those hereinabove granted to promote industrial tree plantation
thereafter, the annual rental shall be one peso (P1.00) per
and tree farms in special areas such as, but not limited to, those
hectare: Provided, That lessees of areas long denuded as certified
where there are no roads or where roads are inadequate, or areas
by the Director and approved by the Department Head, shall be
with rough topography and remote areas far from processing
exempted from the payment of rental for the full term of the
plants.
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 All amounts collected under this section shall accrue to a special
annual rental shall be one peso (P1.00) per hectare. 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.
(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 D. FOREST PROTECTION
market value thereof;
Section 37. Protection of all resources. All measures shall be taken
(d) Sale at cost of seedlings and free technical advice and to protect the forest resources from destruction, impairment and
assistance to persons who will develop their privately-owned depletion.
lands into industrial tree plantation or tree farm;
Section 38. Control of concession area. In order to achieve the
(e) Exemption from the payment of the percentage tax levied in effective protection of the forest lands and the resources thereof
Title V of the National Internal Revenue Code when the timber from illegal entry, unlawful occupation, kaingin, fire, insect
and forest products are sold, bartered or exchanged by the lessee infestation, theft, and other forms of forest destruction, the
whether in their original state or not; 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
(f) The Board of Investments shall, notwithstanding its nationality
in their respective concessions, and the additional right of
requirement on projects involving natural resources, classify
occupation, possession, and control over the same, to the
industrial tree plantations and tree farms as pioneer areas of
exclusive of all others, except the government, but with the
investment under its annual priority plan, to be governed by the
corresponding obligation to adopt all the protection and
rules and regulations of said Board. A lessee of an industrial tree
conservation measures to ensure the continuity of the productive
plantation or tree farm may either apply to the Board of
condition of said areas, conformably with multiple use and
Investments for the tax and other benefits thereunder, or avail of
sustained yield management.
the following benefits:
All mangrove swamps set aside for coast-protection purposes Mineral reservations where mining operations have been
shall not be subject to clear-cutting operation. terminated due to the exhaustion of its minerals shall revert to
the category of forest land, unless otherwise reserved for other
purposes.
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 Section 49. Roads and other infrastructure. Roads and other
date of such release shall revert to the category of forest land. infrastructure in forest lands shall be constructed with the least
impairment to the resource values thereof.
Section 44. Visitorial power. The Department Head may, by
himself or thru the Director or any qualified person duly Government agencies undertaking the construction of roads,
designated by the Department Head, investigate, inspect and bridges, communications, and other infrastructure and
examine records, books and other documents relating to the installations inside forest lands, shall coordinate with the Bureau,
operation of any holder of a license agreement, license, lease, or especially if it will involve the utilization or destruction of timber
and/or other forest resources, or watershed disturbance therein, Section 52. Census of kaingineros, squatters, cultural minorities
in order to adopt measures to avoid or reduce damage or injury to and other occupants and residents in forest lands. Henceforth, no
the forest resource values. person shall enter into forest lands and cultivate the same
without lease or permit.
They shall likewise extend assistance in the planning and
establishment of roads, wharves, piers, port facilities, and other A complete census of kaingineros, squatters, cultural minorities
infrastructure in locations designated as wood-processing centers and other occupants and residents in forest lands with or without
or for the convenience of wood-based industries. authority or permits from the government, showing the extent of
their respective occupation and resulting damage, or impairment
of forest resources, shall be conducted.
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 The Bureau may call upon other agencies of the government and
infrastructure construction or installation in forest lands without holders of license agreement, license, lease and permits over
the prior approval of the Director, or in alienable and disposable forest lands to participate in the census.
lands, civil reservations and other government lands, without the
approval of the government agencies having administrative
Section 53. Criminal Prosecution. Kaingineros, squatters, cultural
jurisdiction over the same.
minorities and other occupants who entered into forest lands
before the effectivity of this Code, without permits or authority,
All roads and infrastructure constructed by holders of license shall not be prosecuted: Provided, That they do not increase their
agreements, licenses, leases and permits belong to the State and clearings: Provided, further, That they undertake, within two (2)
the use and administration thereof shall be transferred to the months from the notice thereof, the activities which will be
government immediately upon the expiration or termination imposed upon them by the Bureau in accordance with a
thereof. Prior thereto the Bureau may authorize the public use management plan calculated to conserve and protect forest
thereof, if it will not be detrimental to forest conservation resources.
measures.
E. SPECIAL USES
Where roads are utilized by more than one commercial forest
user, the Bureau shall prescribe the terms and conditions of joint
Section 54. Pasture in forest lands. No forest land 50% in slope or
use including the equitable sharing of construction and/or
over may be utilized for pasture purposes.
maintenance costs, and of the use of these roads by other parties
and the collection of such fees as may be deemed necessary.
Forest lands which are being utilized for pasture shall be
maintained with sufficient grass cover to protect soil, water and
Section 50. Logging roads. There shall be indiscriminate
other forest resources.
construction of logging roads.
Section 51. Management of occupancy in forest lands. Forest Section 55. Wildlife. Wildlife may be destroyed, killed, consumed,
occupancy shall henceforth be managed. The Bureau shall study, eaten or otherwise disposed of, without the necessity of permit,
determine and define which lands may be the subject of for the protection of life, health, safety and property, and the
occupancy and prescribed therein, an agro-forestry development convenience of the people.
program.
However, the Director may regulate the killing and destruction of
Occupants shall undertake measures to prevent and protect wildlife in forest lands in order to maintain an ecological balance
forest resources. of flora and fauna.
Any occupancy in forest land which will result in sedimentation, Section 56. Recreation. The Bureau shall, in the preparation of
erosion, reduction in water yield and impairment of other multiple-use management plans, identify and provide for the
resources to the detriment of community and public interest shall protection of scenic areas in all forest lands which are potentially
not be allowed. valuable for recreation and tourism, and plan for the
development and protection of such areas to attract visitors
thereto and meet increasing demands therefor.
In areas above 50% in slope, occupation shall be conditioned upon
the planting of desirable trees thereon and/or adoption of other
conservation measures. 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 management or other forms of assistance are hereby recognized
such purposes. as such.
Section 57. Other special uses of forest lands. Forest lands may be Section 63. Equity sharing. Every corporation holding a license
leased for a period not exceeding twenty-five (25) years, agreement, license, lease or permit to utilize, exploit, occupy or
renewable upon the expiration thereof for a similar period, or possess any forest land, or conduct any activity therein, or
held under permit, for the establishment of sawmills, lumber establish and operate a wood-processing plant, shall within one
yards, timber depots, logging camps, rights-of-way, or for the (1) year after the effectivity of this Code, formulate and submit to
construction of sanatoria, bathing establishments, camps, salt the Department Head for approval a plan for the sale of at least
works, or other beneficial purposes which do not in any way twenty percent (20%) of its subscribed capital stock in favor of its
impair the forest resources therein. employees and laborers.
F. QUALIFICATIONS 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
Section 58. Diffusion of benefits. The privilege to utilize, exploit,
Code, if the corporation has been in operation for more than 5
occupy, or possess forest lands, or to conduct any activity therein,
years prior to such effectivity.
or to establish and operate wood-processing plants, shall be
diffused to as many qualified and deserving applicants as possible.
No corporation shall be issued any license agreement, license,
lease or permit after the effectivity of this Code, unless it submits
Section 59. Citizenship. In the evaluation of applications of
such a plan and the same is approved for implementation within
corporations, increased Filipino equity and participation beyond
the sixth year of its operation.
the 60% constitutional limitation shall be encouraged. All other
factors being equal, the applicant with more Filipino equity and
participation shall be preferred. 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
Section 60. Financial and technical capability. No license
the selling price, establishment of priorities in the purchase of the
agreement, license, lease or permit over forest lands shall be
shares of stock, and the capability of the deserving employees and
issued to an applicant unless he proves satisfactorily that he has
laborers. The industries concerned shall extend all assistance in
the financial resources and technical capability not only to
the promulgation of policies on the matter, such as the
minimize utilization, but also to practice forest protection,
submission of all data and information relative to their operation,
conservation and development measures to insure the
personnel management, and asset evaluation.
perpetuation of said forest in productive condition.
G. REGULATORY FEES
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 Section 64. Charges, fees and bonds. The Department Head, upon
his rights or interests therein, or any of his assets used in recommendation of the Director, shall fix the amount of charges,
connection therewith. 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
The licensee, lessee, or permittee shall be allowed to transfer or
issuance and renewal of license agreements, licenses, leases and
convey his license agreement, license, lease or permit only if he
permits, and for other services; Provided, That all fees and
has not violated any forestry law, rule or regulation; has been
charges presently being collected under existing laws and
faithfully complying with the terms and conditions of the license
regulations shall continue to be imposed and collected until
agreement, license, lease or permit; the transferee has all the
otherwise provided; Provided, further, That timber taken and
qualifications and none of the disqualifications to hold a license
removed from private lands for commercial purposes shall be
agreement, license, lease or permit; there is no evidence that
exempt from the payment of forest charges.
such transfer or conveyance is being made for purposes of
speculation; and the transferee shall assume all the obligations of
the transferor. 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,
The transferor shall forever be barred from acquiring another
upon recommendation of the Director and in consultation with
license agreement, license, lease or permit.
representatives of the industries affected, to impose other fees
for forest protection, management, reforestation, and
Section 62. Service contracts. The Department Head, may in the development, the proceeds of which shall accrue into a special
national interest, allow forest products licensees, lessees, or deposit of the Bureau as its revolving fund for the aforementioned
permittees to enter into service contracts for financial, technical, purposes.
management, or other forms of assistance, in consideration of a
fee, with any foreign person or entity for the exploration,
Section 66. Collection and Disbursement. The collection of the
development, exploitation or utilization of the forest resources,
charges and fees above-mentioned shall be the responsibility of
covered by their license agreements, licenses, leases or permits.
the Director or his authorized representative. The Director shall
Existing valid and binding service contracts for financial, technical,
remit his monthly collection of fees and charges mentioned in
Section 64 to the Treasurer of the Philippines within the first ten Section 69. Unlawful occupation or destruction of forest
(10) days of the succeeding month; Provided, That the proceeds lands. Any person who enters and occupies or possesses, or
of the collection of the fees imposed under Section 65 and the makes kaingin for his own private use or for others any forest land
special deposit heretofore required of licensees shall be without authority under a license agreement, lease, license or
constituted into a revolving fund for such purposes and be permit, or in any manner destroys such forest land or part
deposited in the Philippine National Bank, as a special deposit of thereof, or causes any damage to the timber stand and other
the Bureau. The Budget Commissioner and the National Treasurer products and forest growths found therein, or who assists, aids or
shall effect the quarterly releases out of the collection accruing to abets any other person to do so, or sets a fire, or negligently
the general fund upon request of the Director on the basis of a permits a fire to be set in any forest land shall, upon conviction,
consolidated annual budget of a work program approved by the be fined in an amount of not less than five hundred pesos
Department Head and the President. (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
In the case of the special deposit revolving fund, withdrawals
(10) times the rental fees and other charges which would have
therefrom shall be effected by the Department Head on the basis
been accrued had the occupation and use of the land been
of a consolidated annual budget prepared by the Director of a
authorized under a license agreement, lease, license or permit:
work program for the specific purposes mentioned in Section 65.
Provided, That in the case of an offender found guilty of making
kaingin, the penalty shall be imprisoned for not less than two (2)
Section 67. Basis of Assessment. Tree measurement shall be the nor more than (4) years and a fine equal to eight (8) times the
basis for assessing government charges and other fees on timber regular forest charges due on the forest products destroyed,
cut and removed from forest lands, alienable or disposable lands, without prejudice to the payment of the full cost of restoration of
and the civil reservations; Provided, That until such time as the the occupied area as determined by the Bureau.
mechanics of tree measurement shall have been developed and
promulgated in rules and regulations, the present scaling method
The Court shall further order the eviction of the offender from the
provided for in the National Internal Revenue Code shall be used.
land and the forfeiture to the Government of all improvements
made and all vehicles, domestic animals and equipment of any
The Director may, with the approval of the Department Head, kind used in the commission of the offense. If not suitable for use
prescribe a new method of assessment of forest products and by the Bureau, said vehicles shall be sold at public auction, the
collection of charges thereon based upon the result of production proceeds of which shall accrue to the Development Fund of the
cost and market studies undertaken by the Bureau; Provided, That Bureau.
such charges shall not be lower than those now imposed.
In case the offender is a government official or employee, he shall,
CHAPTER IV in addition to the above penalties, be deemed automatically
CRIMINAL OFFENSES AND PENALTIES dismissed from office and permanently disqualified from holding
any elective or appointive position.
Section 68. Cutting, gathering and/or collecting timber or other
products without license. Any person who shall cut, gather, Section 70. Pasturing Livestock. Imprisonment for not less than six
collect, or remove timber or other forest products from any forest (6) months nor more than two (2) years and a fine equal to ten
land, or timber from alienable and disposable public lands, or (10) times the regular rentals due, in addition to the confiscation
from private lands, without any authority under a license of such livestock and all improvement introduced in the area in
agreement, lease, license or permit, shall be guilty of qualified favor of the government, shall be imposed upon any person, who
theft as defined and punished under Articles 309 and 310 of the shall, without authority under a lease or permit, graze or cause to
Revised Penal Code; Provided, That in the case of partnership, graze livestock in forest lands, grazing lands and alienable and
association or corporation, the officers who ordered the cutting, disposable lands which have not as yet been disposed of in
gathering or collecting shall be liable, and if such officers are accordance with the Public Land Act; Provided, That in case the
aliens, they shall, in addition to the penalty, be deported without offender is a corporation, partnership or association, the officers
further proceedings on the part of the Commission on and directors thereof shall be liable.
Immigration and Deportation.
Section 71. Illegal occupation of national parks system and
The Court shall further order the confiscation in favor of the recreation areas and vandalism therein. Any person who shall,
government of the timber or forest products to cut, gathered, without permit, occupy for any length of time any portion of the
collected or removed, and the machinery, equipment, implements national parks system or shall, in any manner, cut, destroy,
and tools used therein, and the forfeiture of his improvements in damage or remove timber or any species of vegetation or forest
the area. cover and other natural resources found therein, or shall mutilate,
deface or destroy objects of natural beauty or of scenic value
The same penalty plus cancellation of his license agreement, within areas in the national parks system, shall be fined not less
lease, license or permit and perpetual disqualification from than two hundred (P200.00) pesos or more than five hundred
acquiring any such privilege shall be imposed upon any licensee, (P500.00) pesos exclusive of the value of the thing damaged;
lessee, or permittee who cuts timber from the licensed or leased Provided, That if the area requires rehabilitation or restoration as
area of another, without prejudice to whatever civil action the determined by the Director, the offender shall also be required to
latter may bring against the offender. 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 Section 77. Unlawful possession of implements and devices used
eviction of the offender from the land and the forfeiture in favor by forest officers. Imprisonment for a period of not less than (2)
of the Government of all timber or any species of vegetation and nor more than four (4) years and a fine of not less than one
other natural resources collected or removed, and any thousand pesos (P1,000.00), nor more than ten thousand
construction or improvement made thereon by the offender. If (P10,000.00) pesos in addition to the confiscation of such
the offender is an association or corporation, the president or implements and devices, and the automatic cancellation of the
manager shall be directly responsible and liable for the act of his license agreement, lease, license or permit, if the offender is a
employees or laborers. 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
In the event that an official of a city or municipal government is
government marking, hatchet or other marking implement, or any
primarily responsible for detecting and convicting the violator of
marker, poster, or other devices officially used by officers of the
the provisions of this Section, fifty per centum (50%) of the fine
Bureau for the marking or identification of timber or other
collected shall accrue to such municipality or city for the
products, or any duplicate, counterfeit, or imitation thereof, or
development of local parks.
make or apply a government mark on timber or any other forest
products by means of any authentic or counterfeit device, or
Section 72. Destruction of wildlife resources. Any person violating alter, deface, or remove government marks or signs, from trees,
the provisions of Section 55 of this Code, or the regulations logs, stumps, firewoods or other forest products, or destroy,
promulgated thereunder, shall be fined not less than one hundred deface, remove or disfigure any such mark, sign, poster or
(P100.00) pesos for each such violation and in addition shall be warning notices set by the Bureau to designate the boundaries of
denied a permit for a period of three (3) years from the date of cutting areas, municipal or city forest or pasture, classified timber
the violation. land, forest reserve, and areas under the national park system or
to make any false mark or imitation of any mark or sign herein
Section 73. Survey by unauthorized person. Imprisonment for not indicated; Provided, That if the offender is a corporation,
less than two (2) nor more than four (4) years, in addition to the partnership or association, the officers and directors thereof shall
confiscation of the implements used in the violation of this section be liable.
including the cancellation of the license, if any, shall be imposed
upon any person who shall, without permit to survey from the Section 78. Payment, collection and remittance of forest
Director, enter any forest lands, whether covered by a license charges. Any person who fails to pay the amount due and payable
agreement, lease, license, or permit, or not, and conduct or under the provisions of this Code, the National Internal Revenue
undertake a survey for whatever purpose. Code, or the rules and regulations promulgated thereunder, shall
be liable to the payment of a surcharge of twenty-five per centum
Section 74. Misclassification and survey by government official or (25%) of the amount due and payable.
employee. Any public officer or employee who knowingly surveys,
classifies, or recommends the release of forest lands as alienable Any person who fails or refuses to remit to the proper authorities
and disposable lands contrary to the criteria and standards said forest charges collectible pursuant to the provisions of this
established in this Code, or the rules and regulations promulgated Code or the National Internal Revenue Code, or who delays,
hereunder, shall, after an appropriate administrative proceeding, obstructs or prevents the same, or who orders, causes or effects
be dismissed from the service with prejudice to re-employment, the transfer or diversion of the funds for purposes other than
and upon conviction by a court of competent jurisdiction, suffer those specified in this Code, for each such offense shall, upon
an imprisonment of not less than one (1) year and a fine of not conviction, be punished by a fine of not exceeding one hundred
less than one thousand, (P1,000.00) pesos. The survey, thousand pesos (P100,000.00) and/or imprisonment for a period
classification or release of forest lands shall be null and void. of not exceeding six (6) years in the discretion of the Court. If the
offender is a government official or employee, he shall, in
Section 75. Tax declaration on real property. Imprisonment for a addition, be dismissed from the service with prejudice to
period of not less than two (2) nor more than four (4) years and reinstatement and with disqualification from holding any elective
perpetual disqualification from holding an elective or appointive or appointive office.
office, shall be imposed upon any public officer or employee who
shall issue a tax declaration on real property without a If the offender is a corporation, partnership or association, the
certification from the Director of Forest Development and the officers and directors thereof shall be liable.
Director of Lands or their duly designated representatives that the
area declared for taxation is alienable and disposable lands, unless
Section 79. Sale of wood products. No person shall sell or offer for
the property is titled or has been occupied and possessed by
sale any log, lumber, plywood or other manufactured wood
members of the national cultural minorities prior to July 4, 1955.
products in the international or domestic market unless he
complies with grading rules and established or to be established
Section 76. Coercion and influence. Any person who coerces, by the Government.
influences, abets or persuades the public officer or employee
referred to in the two preceding sections to commit any of the
Failure to adhere to the established grading rules and standards,
acts mentioned therein shall suffer imprisonment of not less than
or any act of falsification of the volume of logs, lumber, or other
one (1) year and pay a fine of five hundred (P500.00) pesos for
forest products shall be a sufficient cause for the suspension of
every hectare or a fraction thereof so improperly surveyed,
the export, sawmill, or other license or permit authorizing the
classified or released.
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 and regulations because of the apparent lack of manpower in the
compliance by the licensees with grading rules. prosecuting arm of the Bureau of Forestry Development which
predicament could not be feasibly augmented due to the present
economic situation of the country;
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 WHEREAS, it is of common knowledge that only few criminal
to each purchaser in exactly the same as described in the invoice. cases are being filed against violators of the forestry laws, rules
Any violation of this Section shall be sufficient ground for the and regulations because of the apparent lack of manpower in the
suspension of the dealer's license for a period of not less than two prosecuting arm of the Bureau of Forestry Development which
(2) years and, in addition thereto, the dealer shall be punished for predicament could not be feasibly augmented due to the present
each such offense by a fine of not less than two hundred pesos economic situation of the country;
(P200.00) or the total value of the invoice, whichever is greater.
WHEREAS, Section 80 of the "Revised Forestry Code of the
Section 80. Arrest; Institution of criminal actions. A forest officer Philippines", or any other law, rule and regulation does not
or employee of the Bureau shall arrest even without warrant any authorize members of the Philippine Constabulary/Integrated
person who has committed or is committing in his presence any of National Police to file complaints against forest law violators
the offenses defined in this Chapter. He shall also seize and except when they are lawfully deputized by the Minister of
confiscate, in favor of the Government, the tools and equipment Agriculture and Natural Resources pursuant to the said Code;
used in committing the offense, and the forest products cut,
gathered or taken by the offender in the process of committing
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
the offense. The arresting forest officer or employee shall
Philippines, by virtue of the powers vested in me by the
thereafter deliver within six (6) hours from the time of arrest and
Constitution, do hereby degree that:
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 SECTION 1. Section 80 of Presidential Decree No. 705 is amended
investigations and file informations in court. to read as follows:
If the arrest and seizure are made in the forests, far from the "Sec. 80. Arrest: institution of criminal actions. -
authorities designated by law to conduct preliminary
investigations, the delivery to, and filing of the complaint with, A forest officers or employee of the Bureau or any personnel of
the latter shall be done within a reasonable time sufficient for the Philippines Constabulary/ Integrated National Police shall
ordinary travel from the place of arrest to the place of delivery. arrest even without warrant any person who has committed or
The seized products, materials and equipment shall be committing in his presence any of the offenses defined in this
immediately disposed of in accordance with forestry Chapter. He shall also seize and confiscate, in favor of the
administrative orders promulgated by the Department Head. Government, the tools and equipment used in committing the
offense, and the forest products cut, gathered or taken by the
The Department Head may deputize any member or unit of the offender in the process committing the offense. The arresting
Philippine Constabulary, police agency, barangay or barrio official, forest officer or employee shall thereafter deliver within six (6)
or any qualified person to protect the forest and exercise the hours from the time of arrest and seizure, the offender and the
power or authority provided for in the preceding paragraph. confiscated forest product, tools and equipment and file the
proper complaint with, the appropriate official designated by law
to conduct preliminary investigation and file information in Court.
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 If the arrest and seizure are made in the forest, far from the
officials, shall immediately be investigated by the forest officer authorities designated by the law to conduct preliminary
assigned in the area where the offense was allegedly committed, investigations, the delivery to, and filing of the complaint with,
who shall thereupon receive the evidence supporting the report the latter shall be done within a reasonable time sufficient to the
or complaint. 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.
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 The Department Head may deputized any agency, Bering or barrio
conduct a preliminary investigation of criminal cases and file an official, or any qualified person to protect the forest and exercise
information in Court. the power or authority provided for in the preceding paragraph.
PD No. 1775: AMENDING SECTION EIGHTY OF PRESIDENTIAL Reports and complaints regarding the commission of any of the
DECREE NUMBERED SEVEN HUNDRED FIVE, AS AMENDED, offenses defined in this Chapter, not committed in the presence of
OTHERWISE KNOWN AS THE "REVISED FORESTRY CODE OF THE any forest officer or employee, or any personnel of the Philippine
PHILIPPINES." Constabulary/Integrated National Police or any of the deputized
officers of officials, shall immediately be investigated by the forest
officer assigned in the area or any personnel of the Philippine
WHEREAS, it is of common knowledge that only few criminal Constabulary/Integrated National Police where the offense was
cases are being filed against violators of the forestry laws, rules allegedly committed, who shall thereupon receive the evidence
supporting the report or complaint. If there is a prima facie private domains.
evidence to support the complaint or report the investigating
forest officer and/ or members of the Philippine SECTION 2. Guiding Principles. The pursuit of these policies shall
Constabulary/Integrated National Police shall file the necessary be guided by the following principles:
complaint with the appropriate official authorized by law to
conduct a preliminary investigation of criminal case and file an 2.1.Delineation, Classification and Demarcation of State
information in Court." Forestlands
2.4. Incentives for Enhancing Private Investments, Economic 5. Government investments in and out-sourced financing
Contribution and Global Competitiveness of Forest-Based for forest development such as the application of clean
Industries development mechanism (CDM) shall be prioritized in
favor of forestlands that serve a significantly large
population such as critical watersheds and/or which
1. The government shall provide a favorable and stable serve to reduce poverty and inequitable access to
policy and investment environment-friendly forest forests such as those under CBFM and/or co-
based industries, ensure their sustainable raw material management by NGAs/OGAs, LGUs, industries, CSOs,
supply and encourage value-added processing in- and local communities.
country to boost rural employment and the economy.
Sec. 14. All previous executive and administrative issuances which Agencies of the government that use chain saws in some aspects
are inconsistent herewith are repealed or amended accordingly. of their functions must likewise secure the necessary permit from
the Department before operating the same.