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and lagoons.
Black’s Law Definition of Natural Resources The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance for large-
Black’s first definition in his 7th ed. is “any material from nature having scale exploration, development, and utilization of minerals, petroleum,
potential economic value or providing for the sustenance of life, such as and other mineral oils according to the general terms and conditions
timber, minerals, oil, water and wildlife.” The second definition is provided by law, based on real contributions to the economic growth and
“environmental features that serve a community’s well-being or general welfare of the country. In such agreements, the State shall
recreational interests, such as parks.” promote the development and use of local scientific and technical
resources.
Black’s (Sixth edition, 1990), defined natural resources as “any material
in its native state which when extracted has economic value.” Basically it
The Concept of Jure Regalia (Regalian Doctrine)
states that for a substance or feature to be classified as a natural resource,
it must offer potential or actual economic value, creating wealth.
This principle means that all natural wealth - agricultural, forest or
timber, and mineral lands of the public domain and all other natural
resources belong to the State. Thus, even if the private person owns the
Definition of Natural Resources : Other Websites
property where minerals are discovered, his ownership for such does not
give him the right to extract or utilize said minerals without permission
Natural resource is any naturally occurring substance or feature of the
from the state to which such minerals belong.
environment (physical or biological) that, while not created 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, The abovementioned provision provides that except for agricultural lands
which are essential elements for the existence of all the flora and fauna. for public domain which alone may be alienated, forest or timber, and
mineral lands, as well as all other natural resources must remain with the
State, the exploration, development and utilization of which shall be
Two basic conditions for a substance or feature to be classified as a
subject to its full control and supervision albeit allowing it to enter into
natural resource: First, the resource must exist naturally in the
coproduction, joint venture or production-sharing agreements, or into
environment; that is, not synthetically produced by human beifngs, such
agreements with foreign-owned corporations involving technical or
as in a laboratory or factory. Second, the resource must be able to be
financial assistance for large-scale exploration, development, and
exploited by humans to directly satisfy a need or want.
utilization
It may also be either be renewable and non-renewable resources. A Petitioners Isagani Cruz and Cesar Europa filed a case for
renewable resource grows again or comes back again after we use it. For prohibition and mandamus as citizen and taxpayers, assailing
example, sunlight, water, and trees are renewable resources. A non- the constitutionality of certain provisions of the Indigenous
renewable resource is a resource that does not grow or come back, or a Peoples Rights Act (IPRA) and its implementing Rules on
resource that would take a very long time to come back. For ground that they amount to an unlawful deprivation of the
example, coal is a non-renewable resource. State’s ownership over lands of public domain and minerals
and other natural resources, in violation of the Regalian
doctrine.
Regalian Doctrine o They likewise contend that providing an all-
encompassing definition of “ancestral domain” and
Art XII, Sec. 2 of the 1987 Constitution “ancestral lands” which might even include private
lands within the areas violate the rights of private
All lands of the public domain, waters, minerals, coal, petroleum, and land owners.
other mineral oils, all forces of potential energy, fisheries, forests or o Petitioners likewise contend that provisions of the
timber, wildlife, flora and fauna, and other natural resources are owned IPRA defining the jurisdiction and powers of the
by the State. With the exception of agricultural lands, all other natural NCIP violate due process of law.
resources shall not be alienated. The exploration, development, and o Lastly, petitioners assail the validity of NCIP
utilization of natural resources shall be under the full control and Administrative Order No. 1 which provides that the
supervision of the State. The State may directly undertake such activities, administrative relationship of the NCIP to the Office
or it may enter into co-production, joint venture, or production-sharing of the President (OP) as lateral and autonomous
agreements with Filipino citizens, or corporations or associations at least relationship for purposes of policy coordination,
sixty per centum of whose capital is owned by such citizens. Such thereby infringing upon the President’s power of
agreements may be for a period not exceeding twenty-five years, control over the executive department.
renewable for not more than twenty-five years, and under such terms and
conditions as may be provided by law. In cases of water rights for A groups of intervenors, including Sen. Flavier, one of the
irrigation, water supply fisheries, or industrial uses other than the authors of the IPRA and members of 112 groups of indigenous
development of water power, beneficial use may be the measure and limit peoples prayed for the dismissal of the petition.
of the grant.
The Commission of Human Rights likewise asserts that IPRA is
an expression of the principle of parens patriae and that the
The State shall protect the nation's marine wealth in its archipelagic
State has the responsibility to protect the rights of the
waters, territorial sea, and exclusive economic zone, and reserve its use
indigenous peoples.
and enjoyment exclusively to Filipino citizens.
Decision:
The Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming, with
The votes of the Court are split where 7 voted to dismiss the petition and
7 voted to grant. As the votes were equally divided and the necessary D. The Philippine Constitutions
majority was not obtained, the petition was dismissed.
6. Whether the transfer of reclaimed lands to RBI was done by 9. When the petitioner filed the case, the JVA had already been
public bidding terminated by virtue of MOA between RBI and NHA. The
properties and rights in question after the passage of around
7. Whether RBI, being a private corporation, is barred by the 10 years from the start of the project’s implementation cannot
Constitution to acquire lands of public domain be disturbed or questioned. The petitioner, being the Solicitor
General at the time SMDRP was formulated, had ample
8. Whether respondents can be compelled to disclose all opportunity to question the said project, but did not do so. The
information related to the SMDRP moment to challenge has passed.
Facts:
Decision: Celestina Naguiat applied for registration of title to 4 parcels of
land (located in Botolan, Zambales) with RTC Zambales.
1. Executive Order 525 reads that the PEA shall be primarily o She claimed to have acquired it from LID
responsible for integrating, directing, and coordinating all Corporation, who in turn had acquired it from
reclamation projects for and on behalf of the National Calderon, Moraga and Monje and their
Government. This does not mean that it shall be responsible predecessors-in-interest who have been in
for all. The requisites for a valid and legal reclamation project possession for more than 30 years.
are approval by the President (which were provided for by Republic of the Philippines (through the OSG) filed an
MOs), favourable recommendation of PEA (which were seen as opposition to the application.
a part of its recommendations to the EXECOM), and o They claim that neither Naguiat nor her
undertaken either by PEA or entity under contract of PEA or by predecessors-in-interest have been in possession
the National Government Agency (NHA is a government agency since 12 June 1945, that the muniments of title and
whose authority to reclaim lands under consultation with PEA tax payment receipts aren’t sufficient evidence of a
is derived under PD 727 and RA 7279). bona fide acquisition of the lands, that Naguiat’s
Spanish title can no longer be availed of and finally,
2. Notwithstanding the need for DENR permission, the DENR is that said lands are part of the public domain and not
deemed to have granted the authority to reclaim in the Smokey subject of private appropriation.
Mountain Project for the DENR is one of the members of the RTC rendered a decision in favour of Naguiat and decreed the
EXECOM which provides reviews for the project. ECCs and registration of said lands in her name.
Special Patent Orders were given by the DENR which are Petitioner Republic of the Phils brought case to the CA.
exercises of its power of supervision over the project. CA affirmed RTC decision.
Furthermore, it was the President via the abovementioned Issue:
MOs that originally authorized the reclamation. It must be
noted that the reclamation of lands of public domain is reposed Whether or not the areas in question have ceased to have the status of
first in the Philippine President. forest or other inalienable lands of the public domain.
In the case at bar, the CA only granted the petition because it Seven Dimensions of Sustainable Development : From the Philippine
assumed that the lands in question are already alienable and disposable, Agenda 21
which is found by the SC to not be in this case.
From the Philippine perspective sustainable development is a
Here, respondent never presented the required multidimensional concept, involving no less than seven dimensions.
certification from the proper government agency or official Sustainable development is viewed as the mutually beneficial interaction
proclamation reclassifying the land applied for as alienable and between the legitimate interests of business and the economy,
disposable. Matters of land classification or reclassification cannot government and the polity, and civil society and culture.
be assumed. It calls for proof. Aside from tax receipts, respondent From this perspective, five dimensions of sustainable development are
submitted in evidence the survey map and technical descriptions of the clearly visible. These are—the human being, culture, polity, economy, and
lands, which, needless to state, provided no information respecting the Nature.
classification of the property. These documents are not sufficient to
overcome the presumption that the land sought to be registered forms
part of the public domain. Article II, Sec. 16 of 1987 Constitution
Therefore, the issue of whether or not Naguiat and her The State shall protect and advance the right of the people to a
predecessor-in-interest have been in open, exclusive and continuous balanced and healthful ecology in accord with the rhythm and
possession of the parcels of land in question is now of little moment. For, harmony of nature.
unclassified land, as here, cannot be acquired by adverse occupation or
possession; occupation thereof in the concept of owner, however long,
cannot ripen into private ownership and be registered as title. Does Sec. 16 provide for enforceable rights?
The Brundtland Report’s targets were multilateralism and Section 16 is unusual among those found in Article II in that, whereas
interdependence of nations in the search for a sustainable almost all the other provisions in the Article are not self-executing but
development path. The report sought to recapture the spirit of the United need implementing legislation to make them effective, Section 16 has
been recognized by the Supreme Court as self-executing like the 4. Section IV: Means of Implementation -
provisions in the Bill of Rights. Implementation includes science, technology
transfer, education, international institutions and financial
mechanisms.
(j) “Global Warming” refers to the increase in the average (c) Secretary of the Department of Environment and Natural
temperature of the Earth’s near-surface air and oceans that is Resources;
associated with the increased concentration of greenhouse
gases in the atmosphere.
(d) Secretary of the Department of Education;
(e) Secretary of the Department of Foreign Affairs; least thirty (30) years of age at the time of appointment, with at least ten
(10) years of experience on climate change and of proven honesty and
ntegrity. The Commissioners shall be experts in climate change by virtue
(f) Secretary of the Department of Health;
of their educational background, training and experience: Provided, That
at least one (1) Commissioner shall be female: Provided, further, That in
(g) Secretary of the Department of the Interior and Local no case shall the Commissioners come from the same sector: Provided,
Government; finally, That in no case shall any of the Commissioners appoint
representatives to act on their behalf.
(h) Secretary of the Department of National Defense, in his
capacity as Chair of the National Disaster Coordinating Council; The Commissioners shall hold office for a period of six (6) years, and may
be subjected to reappointment: Provided, That no person shall serve for
more than two (2) consecutive terms: Provided, further, That in case of a
(i) Secretary of the Department of Public Works and Highways;
vacancy, the new appointee shall fully meet the qualifications of a
Commissioner and shall hold office for the unexpired portion of the term
(j) Secretary of the Department of Science and Technology; only: Provided, finally, That in no case shall a Commissioner be
designated in a temporary or acting capacity.
(k) Secretary of the Department of Social Welfare and
Development; The Vice Chairperson and the Commissioners shall have the rank and
privileges of a Department Secretary and Undersecretary, respectively.
They shall be entitled to corresponding compensation and other
(l) Secretary of the Department of Trade and Industry;
emoluments and shall be subject to the same disqualifications.
(t) President of the Liga ng mga Barangay; (c) Formulate a Framework Strategy on Climate Change to
serve as the basis for a program for climate change planning,
(u) Representative from the academe; research and development, extension, and monitoring of
activities on climate change;
At least one (1) of the sectoral representatives shall come from the (e) Recommend legislation, policies, strategies, programs on
disaster risk reduction community. and appropriations for climate change adaptation and
mitigation and other related activities;
The representatives shall be appointed by the President from a list of
nominees submitted by their respective groups. They shall serve for a (f) Recommend key development investments in climate-
term of six (6) years without reappointment unless their representation sensitive sectors such as water resources, agriculture, forestry,
is withdrawn by the sector they represent. Appointment to any vacancy coastal and marine resources, health, and infrastructure to
shall be only for the unexpired term of the predecessor. ensure the achievement of national sustainable development
goals;
Only the ex officio members of the advisory board shall appoint a
qualified representative who shall hold a rank of no less than an (g) Create an enabling environment for the design of relevant
Undersecretary. and appropriate risk-sharing and risk-transfer instruments;
Section 6. Meetings of the Commission. – The Commission shall meet once (h) Create an enabling environment that shall promote broader
every three (3) months, or as often as may be deemed necessary by the multi-stakeholder participation and integrate climate change
Chairperson. The Chairperson may likewise call upon other government mitigation and adaptation;
agencies for the proper implementation of this Act.
(i) Formulate strategies on mitigating GHG and other
Section 7. Qualifications, Tenure, Compensation of Commissioners. – The anthropogenic causes of climate change;
Commissioners must be Filipino citizens, residents of the Philippines, at
(j) Coordinate and establish a close partnership with the (g) Academic programs, capability building and
National Disaster Coordinating Council in order to increase mainstreaming;
efficiency and effectiveness in reducing the people’s (h) Advocacy and information dissemination;
vulnerability to climate-related disasters; (i) Monitoring and evaluation; and
(j) Gender mainstreaming.
(k) In coordination with the Department of Foreign Affairs,
represent the Philippines in the climate change negotiations; Section 13. National Climate Change Action Plan. – The Commission shall
formulate a National Climate Change Action Plan in accordance with the
Framework within one (1) year after the formulation of the latter.
(l) Formulate and update guidelines for determining
vulnerability to climate change impacts and adaptation
assessments and facilitate the provision of technical assistance The National Climate Change Action Plan shall include, but not limited to,
for their implementation and monitoring; the following components:
(m) Coordinate with local government units (LGUs) and (a) Assessment of the national impact of climate change;
private entities to address vulnerability to climate change (b) The identification of the most vulnerable
impacts of regions, provinces, cities and municipalities; communities/areas, including ecosystems to the impacts of
climate change, variability and extremes;
(c) The identification of differential impacts of climate change
(n) Facilitate capacity building for local adaptation planning,
on men, women and children;
implementation and monitoring of climate change initiatives in
(d) The assessment and management of risk and vulnerability;
vulnerable communities and areas;
(e) The identification of GHG mitigation potentials; and
(f) The identification of options, prioritization of appropriate
(o) Promote and provide technical and financial support to adaptation measures for joint projects of national and local
local research and development programs and projects in governments.
vulnerable communities and areas; and
Section 14. Local Climate Change Action Plan. – The LGUs shall be the
frontline agencies in the formulation, planning and implementation of
(p) Oversee the dissemination of information on climate
climate change action plans in their respective areas, consistent with the
change, local vulnerabilities and risks, relevant laws and
provisions of the Local Government Code, the Framework, and the
protocols and adaptation and mitigation measures.
National Climate Change Action Plan.
Section 12. Components of the Framework Strategy and Program on Section 15. Role of Government Agencies. – To ensure the effective
Climate Change. – The Framework shall include, but not limited to, the implementation of the framework strategy and program on climate
following components: change, concerned agencies shall perform the following functions:
(a) National priorities; (a) The Department of Education (DepED) shall integrate
(b) Impact, vulnerability and adaptation assessments; climate change into the primary and secondary education
(c) Policy formulation; curricula and/or subjects, such as, but not limited to, science,
(d) Compliance with international commitments; biology, sibika, history, including textbooks, primers and other
(e) Research and development; educational materials, basic climate change principles and
(f) Database development and management; concepts;
(b) The Department of the Interior and Local Government intervention, of their respective climate change programs and plans. It
(DILG) and Local Government Academy shall facilitate the shall also include public awareness campaigns on the effects of climate
development and provision of a training program for LGUs in change and energy-saving solutions to mitigate these effects, and
climate change. The training program shall include initiatives, through educational and training programs and micro-credit
socioeconomic, geophysical, policy, and other content schemes, especially for women in rural areas. In subsequent budget
necessary to address the prevailing and forecasted conditions proposals, the concerned offices and units shall appropriate funds for
and risks of particular LGUs. It shall likewise focus on women program/project development and implementation including continuing
and children, especially in the rural areas, since they are the training and education in climate change.1avvphi1
most vulnerable;
Section 19. Joint Congressional Oversight Committee. – There is hereby
(c) The Department of Environment and Natural Resources created a Joint Congressional Oversight Committee to monitor the
(DENR) shall oversee the establishment and maintenance of a implementation of this Act. The Oversight Committee shall be composed
climate change information management system and network, of five (5) Senators and five (5) Representatives to be appointed by the
including on climate change risks, activities and investments, Senate President and the Speaker of the House of Representatives,
in collaboration with other concerned national government respectively. The Oversight Committee shall be co-chaired by a Senator
agencies, institutions and LGUs; and a Representative to be designated by the Senate President and the
Speaker of the House of Representatives, respectively. Its funding
requirement shall be charged against the appropriations of Congress.
(d) The Department of Foreign Affairs (DFA) shall review
international agreements related to climate change and make
the necessary recommendation for ratification and compliance Section 20. Annual Report. – The Commission shall submit to the
by the government on matters pertaining thereto; President and to both Houses of Congress, not later than March 30 of
every year following the effectivity of this Act, or upon the request of the
Congressional Oversight Committee, a report giving a detailed account of
(e) The Philippine Information Agency (PIA) shall disseminate
the status of the implementation of this Act, a progress report on the
information on climate change, local vulnerabilities and risk,
implementation of the National Climate Change Action Plan and
relevant laws and protocols and adaptation and mitigation
recommend legislation, where applicable and necessary. LGUs shall
measures; and
submit annual progress reports on the implementation of their respective
local action plan to the Commission within the first quarter of the
(f) Government financial institutions, shall, any provision in following year.
their respective charters to the contrary notwithstanding,
provide preferential financial packages for climate change-
Section 21. Appropriations. – The sum of Fifty million pesos
related projects. In consultation with the Bangko Sentral ng
(Php50,000,000.00) is hereby appropriated as initial operating fund in
Pilipinas (BSP), they shall, within thirty (30) days from the
addition to the unutilized fund of the Presidential Task Force on Climate
effectivity of this Act, issue and promulgate the implementing
Change and the Office of the Presidential Adviser on Global Warming and
guidelines therefor.
Climate Change. The sum shall be sourced from the President’s
contingent fund.
The Commission shall evaluate, recommend the approval of loans and
monitor the use of said funds of LGUs.
Thereafter, the amount necessary to effectively carry out the provisions
of this Act shall be included in the annual General Appropriations Act.
Section 16. Coordination with Various Sectors. – In the development and
implementation of the National Climate Change Action Plan, and the local
Section 22. Implementing Rules and Regulations. – Within ninety (90)
action plans, the Commission shall coordinate with the nongovernment
days after the approval of this Act, the Commission shall, upon
organizations (NGOs), civic organizations, academe, people’s
consultation with government agencies, LGUs, private sector, NGOs and
organizations, the private and corporate sectors and other concerned
civil society, promulgate the implementing rules and regulations of this
stakeholder groups.
Act: Provided, That failure to issue rules and regulations shall not in any
manner affect the executory nature of the provisions of this Act.
Section 17. Authority to Receive Donations and/or Grants. – The
Commission is hereby authorized to accept grants, contributions,
Section 23. Transitory Provisions. – Upon the organization of the
donations, endowments, bequests, or gifts in cash, or in kind from local
Commission, the Presidential Task Force on Climate Change created
and foreign sources in support of the development and implementation of
under Administrative Order No. 171 and the Inter-Agency Committee on
climate change programs and plans: Provided, That in case of donations
Climate Change created by virtue of Administrative Order No. 220, shall
from foreign governments, acceptance thereof shall be subject to prior
be abolished: Provided, That their powers and functions shall be
clearance and approval of the President of the Philippines upon
absorbed by the Commission: Provided, further, That the officers and
recommendation of the Secretary of Foreign Affairs: Provided, further,
employees thereof shall continue in a holdover capacity until such time as
That such donations shall not be used to fund personal services
the new officers and employees of the Commission shall have been duly
expenditures and other operating expenses of the Commission.
appointed pursuant to the provisions of this Act. All qualified regular or
permanent employees who may be transferred to the Commission shall
The proceeds shall be used to finance: not suffer any loss in seniority or rank or decrease in emoluments. Any
(a) Research, development, demonstration and promotion of employee who cannot be absorbed by the Commission shall be entitled to
technologies; a separation pay under existing retirement laws
(b) Conduct of assessment of vulnerabilities to climate change
impacts, resource inventory, and adaptation capability
Executive Order No. 15 : Creating a Philippine Council for
building;
Sustainable Development
(c) Advocacy, networking and communication activities in the
conduct of information campaign; and
(d) Conduct of such other activities reasonably necessary to WHEREAS, the 1987 Constitution mandates a policy of the state, the
carry out the objectives of this Act, as may be defined by the protection and advancement of the right of the people to a balanced and
Commission. healthful ecology in accordance with the rhythm and harmony of nature;
WHEREAS, the Philippines already adhering too the principle of 3) Too provide directions in the form of policy reforms, programs and
sustainable development actively participated in the United Nations new legislations that respond to the continuing and emerging issues and
Conference on Environment and Development (UNCED) Summit held in charting future actions related to environment and developments;
Rio de Janeiro, and committed to the principles set forth in the Rio
Declaration, the Agenda 21, the Conventions on Climate Change and
4) To act as the coordinating mechanism in cooperation either DFA-office
Biodiversity;
of the United Nations Commission for Sustainable Development and
actively solicit assistance and cooperation towards the realization of our
WHEREAS, the United Nations in UNCED, has adopted a resolution for the commitments made at the UNCED;
creation of a Sustainable Development Commission that will evaluate and
monitor the compliance too the agreements and commitments made in
5) To require any and all government agencies for assistance in to forum
Rio and in the course of it's creation urged governments to also for
of personnel, facilities, and other resources which is essential for the
similar bodies that will ensure that the activities at the national level are
performance for the duties of the Council;
implemented and coordinated within global efforts;
Department of Foreign Affairs EXECUTIVE ORDER NO. 62: FURTHER STRENGTHENING THE
Department of Science and Technology PHILIPPINE COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD)
Department of Finance
Department of Agriculture WHEREAS, to ensure that the commitments made in the Rio de Janeiro
Department of Public Works and Highways Declaration are fulfilled and to realize the country’s sustainable
Department of Education, Culture, and Sports development goals, the PCSD was established on 01 September 1992
Department of Labor and Employment through Executive Order No. 15;
Department of Health
Department of Trade and Industry WHEREAS, to strengthen PCSD, the expansion of its membership as well
Department of the Interior and Local Governments as the establishment of local councils for sustainable development were
Department of Social Welfare and Developments provided for through the issuance of Executive Order No. 370 (s. 1996);
Department of Budget and Management
Department of National Defense
WHEREAS, in order to operationalize sustainable development at the
Office of Energy Affairs
local level, Memorandum Order No. 47 (s. 1999) was issued mandating
local government units (LGUs) to formulate and implement their
3) As civil society counterpart, the non-government community shall also sustainable integrated area development plans or Local Agenda 21 with
have seven (7) representative in the Council. These representative shall the assistance of concerned government agencies;
be selected by the non-government community considering commitment
to environmental causes, gender balance, and sector representation WHEREAS, in light of changing circumstances and, emerging issues on
through a process designed by them. sustainable development locally and globally there is an urgent need to
pursue new interventions through a more responsive PCSD structure;
Sec. 2 Powers and Functions of the Council. The Council shall have the
following powers and function: WHEREAS, for the PCSD to be more effective and responsive in ensuring
the realization of the government’s sustainable development goals, there
1`) To review and ensure the implementation on the commitments is a need to streamline and define its core functions and membership,
the Philippines made in the light of the UNCED Conference; keeping in mind the various agencies in government whose functions are
integral components of the overall government sustainable development
operational thrusts;
2) To establish guidelines and mechanisms that will expand, concretize
and operationalize the sustainable development principles as embodied WHEREAS, there is a need for PCSD to focus on strategic interventions
in the Rio Declaration, the UNCED Agenda 21, the National Conservation that have significant and catalytic impact on sustainable development;
Strategy, and the Philippine Agenda 21, and incorporate them in the
preparation of the Medium Term Development Plan both at the national
WHEREAS, it is necessary to further strengthen the PCSD as the lead
instrumentality responsible for mainstreaming sustainable development 5. To review and monitor plans, policies, program and legislation on
in national government and affiliated agencies, Congress, LGUs, as well as sustainable development to promote efficiency and timeliness of their
existing multi-stakeholder governance mechanisms. execution and ensure consistency and coordination among the Legislative
and Executive branches of government, local government units, civil
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the society, business, labor and other concerned entities/sectors, and existing
Philippines, by virtue of the powers vested in me by law, do hereby order: multi-stakeholder governance mechanisms;
Section 1. Further Strengthening the PCSD. — The Philippine Council for 6. To establish a networking mechanism to link the Council with local and
Sustainable Development, hereinafter referred to as the Council, is hereby international organizations involved in sustainable development;
further strengthened, structurally and functionally, in accordance with
the provisions of this Executive Order. 7. To create, reorganize or abolish committees of the Council, ad-hoc or
permanent, and to define their structure, functions and limitations;
Sec. 2. Composition of the Council. —
8. To submit its annual work program with actionable and time bounded
targets and regularly report to the President the status of implementation
1. The core members from government shall be composed of Secretaries
and achievement of specific targets thereof;
of the following Departments as permanent principal members, with an
Undersecretary as alternate:
9. To perform such other acts which are necessary to carry out its
mandated functions and responsibilities.
a. National Economic and Development Authority;
Sec. 5. Participation of Other Government Agencies in the Council. — The
b. Department of Environment and Natural Resources; Council can call upon other government agencies and instrumentalities,
civil society, business and labor sector organizations to participate in
2. Civil society, composed of people’s organizations, non-government Council business, including its meetings, if so warranted by conditions as
organizations and sectoral/major groups representation shall have five may exist from time to time. For this purpose, other government agencies
(5) Council members selected by their community, based on their shall identify a PCSD focal officer not lower than a rank of Director who
commitment to sustainable development concerns, through a process shall coordinate their agency’s participation in PCSD concerns.
designed by them These may include the following groups: women,
youth, farmers, fisherfolk, indigenous people, Moro and Cordillera people, Sec. 6. Secretariat. — The Council shall be assisted by a Coordinating
urban poor, persons with disabilities, academe, professionals, media, Secretariat which shall be based at the NEDA, the composition of which
religious groups and NGOs. shall be determined by the Director-General, and a Counterpart
Secretariat, the composition of which shall be determined by the Civil
3. Labor and business shall have one (1) representative each in the Society Counterpart Council for Sustainable Development (CSCCSD).
Council. Representation shall, likewise be decided through a process to be
designed by them. Sec. 7. Budget. — There shall be provided in the General Appropriations
Act (GAA) a regular line item under the NEDA budget to cover the
The Chairperson of the Council shall be the Secretary of Socio-Economic operational requirements of the Council subject to the prescribed
Planning and NEDA Director-General. The Secretary of the Department of budgetary guidelines. Other member-agencies of the Council shall also
Environment and Natural Resources (DENR) shall be the Vice- include a line item in the GAA under their respective agency budgets to
Chairperson. cover the cost of their activities related to PCSD.
1. To review and ensure the implementation of the commitments made Whereas, the government adheres to the sustainable development
by the Philippines in the light of the United Nations Conference on principles embodied in the Rio Declaration and adopted by the United
Environment and Development (UNCED) and its follow-up processes; Nations Conference on Environment and Development in Rio de Janeiro,
Brazil in 1992, and to which the Philippines is a signatory;
2. To act as the coordinating mechanism with the United Nations
Commission on Sustainable Development (UNCSD) and the Governing Whereas, the Philippine Council for Sustainable Development (PCSD),
Bodies or Secretaries of other related multilateral conventions, through created by virtue of Executive Order No. 15 (Series of 1992) is mandated to
the Department of Foreign Affairs (DFA); coordinate the formulation of Philippine Agenda 21;
3. To establish guidelines and mechanisms that will ensure that the
sustainable development principles, as embodied in the Rio Declaration, Whereas, the Philippine Agenda 21 was formulated after an extensive and
Agenda 21, and the Philippine Agenda 21, are integrated in the intensive process of coordination, cooperation, counterparting and
formulation of national, regional and local development policies, plans consensus-building among the various stakeholders of society;
and programs;
Whereas, the operationalization of the Philippine Agenda 21 shall provide the
4. To formulate policies and recommend new actions to appropriate overall direction and serve as an enabling environment in achieving
bodies on sustainable development issues focusing on the environment sustainable development;
dimensions of social and economic interventions and the social and
economic dimensions of environment interventions;
Section 1. Adoption and Operationalization of the Philippine Agenda 21. The
The Local Government Code provides that it is the duty of the LGUs to
promote the people’s right to a balanced ecology. Pursuant to this, an
Philippine Agenda 21, as the national action agenda for sustainable
LGU, like the City of Davao, cannot claim exemption from the coverage of
development, is hereby adopted.
PD 1586. As a body politic endowed with governmental functions, an LGU
has the duty to ensure the quality of the environment, which is the very
Section 2. Overall Administration. The Philippine Council for Sustainable same objective of PD 1586.
Development shall oversee and monitor the operationalization of the
Philippine Agenda 21. In this regard, the Council shall provide the Further, it is a rule of statutory construction that every part must be read
coordinating and monitoring mechanisms for its implementation. For this with other parts, thus, the TC in declaring local government units as
purpose, it shall mobilize coordinating bodies including the Regional exempt from the coverage of the EIS law, failed to relate Section 2 of PD
Development Councils (RDCs) and the local councils for sustainable 1586 to the several provision of the same law.
development.
Section 4 of PD 1586 clearly states that “no person, partnership or
corporation shall undertake or operate any such declared
Section 3. Collaborating Agencies. All government agencies, departments, and
environmentally critical project or area without first securing an
instrumentalities are directed to adopt and translate the principles and action
Environmental Compliance Certificate issued by the President or his duly
agenda contained in the Philippine Agenda 21 in their respective workplans,
authorized representative. Undoubtedly therefore, local government
programs and projects and report on their progress and impacts to the PCSD.
units are not excluded from the coverage of PD 1586. Sec. 1 stated that
the policy of the State is to attain an orderly balance between socio-
Section 4. Role of the Department of Interior and Local Government (DILG) economic growth and environmental protection. The Whereas clause
and the Local Government Units (LGUs). The LGUs, in coordination with the stresses that such is only possible if we adopt an integrated
local business and civil society, shall implement the Philippine Agenda 21 environmental protection program where all the sectors of the
through the integration of sustainable development concerns in their community are involved, i.e., the government and the private sectors. The
respective plans, programs and projects and the formulation of their local government units, as part of the machinery of the government,
respective Local Agenda 21, where appropriate. cannot therefore be deemed as outside the scope of the EIS system
Held: LLDA On the other hand, the power of the Authority to grant permits for
fishpens, fishcages and other aqua-culture structures is for the purpose of
Ratio: Section 4 (k) of RA 4850, the provisions of PD 813, and Section 2 of effectively regulating and monitoring activities in the Laguna de Bay
EO 927, specifically provide that the LLDA shall have exclusive region and for lake quality control and management. 6 It does partake of
jurisdiction to issue permits for the use or all surface water for any the nature of police power which is the most pervasive, the least limitable
projects or activities in or affecting the said region, including navigation, and the most demanding of all State powers including the power of
construction, and operation of fishpens, fish enclosures, fish corrals and taxation. Accordingly the charter of the Authority which embodies a valid
the like. On the other hand, RA 7160 has granted to the municipalities the exercise of police power should prevail over the Local Government Code
exclusive authority to grant fishery privileges in municipal waters. The of 1991 on matters affecting Laguna de Bay.
Sangguniang Bayan may grant fishery privileges to erect fish corrals,
oyster, mussels or other aquatic beds or bangus fry area within a definite There should be no quarrel over permit fees for fishpens, fishcages and
zone of the municipal waters. other aqua-culture structures in the Laguna de Bay area. Section 3 of
Executive Order No. 927 provides for the proper sharing of fees collected.
The provisions of RA7160 do not necessarily repeal the laws creating the
LLDA and granting the latter water rights authority over Laguna de Bay In respect to the question as to whether the Authority is a quasi-judicial
and the lake region. agency or not, it is our holding that, considering the provisions of Section
4 of Republic Act No. 4850 and Section 4 of Executive Order No. 927,
The Local Government Code of 1991 does not contain any express series of 1983, and the ruling of this Court in Laguna Lake Development
provision which categorically expressly repeal the charter of the Authority vs. Court of Appeals, there is no question that the Authority has
Authority. It has to be conceded that there was no intent on the part of express powers as a regulatory a quasi-judicial body in respect to
the legislature to repeal Republic Act No. 4850 and its amendments. The pollution cases with authority to issue a "cease a desist order" and on
repeal of laws should be made clear and expressed. matters affecting the construction of illegal fishpens, fishcages and other
aqua-culture structures in Laguna de Bay. The Authority's pretense,
It has to be conceded that the charter of the LLDA constitutes a special however, that it is co-equal to the Regional Trial Courts such that all
law. RA 7160 is a general law. It is basic is basic in statutory construction actions against it may only be instituted before the Court of Appeals
that the enactment of a later legislation which is a general law cannot be cannot be sustained. On actions necessitating the resolution of legal
construed to have repealed a special law. It is a well-settled rule in this questions affecting the powers of the Authority as provided for in its
jurisdiction that "a special statute, provided for a particular case or class charter, the Regional Trial Courts have jurisdiction.
of cases, is not repealed by a subsequent statute, general in its terms,
provisions and application, unless the intent to repeal or alter is manifest, In view of the foregoing, this Court holds that Section 149 of RA 7160,
although the terms of the general law are broad enough to include the otherwise known as the Local Government Code of 1991, has not
cases embraced in the special law." Where there is a conflict between a repealed the provisions of the charter of the LLDA, Republic Act No. 4850,
general law and a special statute, the special statute should prevail since as amended. Thus, the Authority has the exclusive jurisdiction to issue
it evinces the legislative intent more clearly that the general statute. The permits for the enjoyment of fishery privileges in Laguna de Bay to the
special law is to be taken as an exception to the general law in the exclusion of municipalities situated therein and the authority to exercise
absence of special circumstances forcing a contrary conclusion. This is such powers as are by its charter vested on it.
because implied repeals are not favored and as much as possible, given to
all enactments of the legislature. A special law cannot be repealed,
amended or altered by a subsequent general law by mere implication.
PRESIDENTIAL DECREE No. 1586: ESTABLISHING AN
Considering the reasons behind the establishment of the Authority, which
ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER
are enviromental protection, navigational safety, and sustainable
ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR
development, there is every indication that the legislative intent is for the
OTHER PURPOSES
Authority to proceed with its mission.
We are on all fours with the manifestation of LLDA that "Laguna de Bay, WHEREAS, the pursuit of a comprehensive and integrated environment
like any other single body of water has its own unique natural ecosystem. protection program necessitates the establishment and
The 900 km lake surface water, the 8 major river tributaries and several institutionalization of a system whereby the exigencies of socio-economic
other smaller rivers that drain into the lake, the 2,920 km2 basin or undertakings can be reconciled with the requirements of environmental
watershed transcending the boundaries of Laguna and Rizal provinces, quality;
WHEREAS, the regulatory requirements of environmental Impact appropriation or from budgetary augmentation as the Minister of Human
Statements and Assessments instituted in pursuit of this national Settlements may deem necessary.
environmental protection program have to be worked into their full
regulatory and procedural details in a manner consistent with the goals
Section 8. Rules and Regulations. The National Environmental Protection
of the program.
Council shall issue the necessary rules and regulations to implement this
Decree. For this purpose, the National Pollution Control Commission may
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the be availed of as one of its implementing arms, consistent with the powers
Philippines, by virtue of the powers vested in me by the Constitution do and responsibilities of the National Pollution Control Commission as
hereby order and declare: provided in P.D. No. 984.
Section 1. Policy. It is hereby declared the policy of the State to attain and Section 9. Penalty for Violation. Any person, corporation or partnership
maintain a rational and orderly balance between socio-economic growth found violating Section 4 of this Decree, or the terms and conditions in
and environmental protection. the issuance of the Environmental Compliance Certificate, or of the
standards, rules and regulations issued by the National Environmental
Protection Council pursuant to this Decree shall be punished by the
Section 2. Environmental Impact Statement System. There is hereby
suspension or cancellation of his/its certificate or and/or a fine in an
established an Environmental Impact Statement System founded and
amount not to exceed Fifty Thousand Pesos (P50,000.00) for every
based on the environmental impact statement required, under Section 4
violation thereof, at the discretion of the National Environmental
of Presidential Decree No. 1151, of all agencies and instrumentalities of
Protection Council.
the national government, including government-owned or controlled
corporations, as well as private corporations, firms and entities, for every
proposed project and undertaking which significantly affect the quality of Section 10. Environmental Revolving Fund. Proceeds from the penalties
the environment. prescribed in the preceding Section 9 and other penalties imposed by the
National Pollution Control Commission as authorized in P.D. 984, shall be
automatically appropriated into an Environment Revolving Fund hereby
Section 3. Determination of Lead Agency. The Minister of Human
created as an exemption to P.D. 711 and P.D. 1234. The fund shall be used
Settlements or his designated representative is hereby authorized to
exclusively for the operation of the National Environmental Protection
name the lead agencies referred to in Section 4 of Presidential Decree No.
Council and the National Pollution Control Commission in the
1151 which shall have jurisdiction to undertake the preparation of the
implementation of this Decree. The rules and regulations for the
necessary environmental impact statements on declared environmentally
utilization of this fund shall be formulated by the Ministry of Human
critical projects and areas. All Environmental Impact Statements shall be
Settlements and submitted to the President for approval.
submitted to the National Environmental Protection Council for review
and evaluation.
Section 11. Repealing Clause. The Inter-Agency Advisory Council of the
National Pollution Control Commission created under Section 4 of P.D.
Section 4. Presidential Proclamation of Environmentally Critical Areas and
984 is hereby abolished and its powers and responsibilities are forthwith
Projects. The President of the Philippines may, on his own initiative or
delegated and transferred to the Control of the National Environmental
upon recommendation of the National Environmental Protection Council,
Protection Council.
by proclamation declare certain projects, undertakings or areas in the
country as environmentally critical. No person, partnership or
corporation shall undertake or operate any such declared All other laws, decrees, executive orders, rules and regulations
environmentally critical project or area without first securing an inconsistent herewith are hereby repealed, amended or modified
Environmental Compliance Certificate issued by the President or his duly accordingly.
authorized representative. For the proper management of said critical
project or area, the President may by his proclamation reorganize such
government offices, agencies, institutions, corporations or
instrumentalities including the re-alignment of government personnel,
DENR Administrative Order No. 2003- 30
and their specific functions and responsibilities.
SUBJECT: Implementing Rules and Regulations (IRR) for the
Philippine Environmental Impact Statement (EIS) System
For the same purpose as above, the Ministry of Human Settlements shall:
(a) prepare the proper land or water use pattern for said critical Consistent with the continuing effort of the Department of Environment
project(s) or area (s); (b) establish ambient environmental quality and Natural Resources (DENR) to rationalize and streamline the
standards; (c) develop a program of environmental enhancement or implementation of the Philippine Environmental Impact Statement (EIS)
protective measures against calamituous factors such as earthquake, System established under Presidential Decree (PD) No. 1586, Presidential
floods, water erosion and others, and (d) perform such other functions as Proclamation No. 2146 defining the scope of the EIS System and pursuant
may be directed by the President from time to time. to Administrative Order No. 42 issued by tile Office of the President on
November 2, 2002, the following rules and regulations are hereby
promulgated;
Section 5. Environmentally Non-Critical Projects. All other projects,
undertakings and areas not declared by the President as environmentally
ARTICLE I
critical shall be considered as non-critical and shall not be required to
BASIC POLICY, OPERATING PRINCIPLES, OBJECTIVES AND
submit an environmental impact statement. The National Environmental
DEFINITION OF TERMS
Protection Council, thru the Ministry of Human Settlements may however
require non-critical projects and undertakings to provide additional
Section 1. Basic Policy and Operating Principles
environmental safeguards as it may deem necessary.
Consistent with the principles of sustainable development, it is the policy
Section 6. Secretariat. The National Environmental Protection Council is of the DENR to implement a systems-oriented and integrated approach to
hereby authorized to constitute the necessary secretariat which will the LIS system to ensure a rational balance between socio-economic
administer the Environmental Impact Statement System and undertake development and environmental protection for the benefit of present and
the processing and evaluation of environmental impact statements. future generations.
a. Making the System more responsive to the demands and needs of the j. Environmental Impact Assessment Review Committee (EIARC) - a body
project proponents and the various stakeholders; of independent technical experts and professionals of known probity
from various fields organized by the EMB to evaluate the EIS and other
b. Clarifying the, coverage of the System and updating it to take into related documents and to make appropriate recommendations regarding
consideration industrial and technological innovations and trends the issuance or non-issuance of an ECC.
c. Standardizing requirements to ensure focus on critical environment k. Environmental Impact Statement (EIS) - document, prepared and
parameters; submitted by the project proponent and/or EIA Consultant that serves as
an application for an ECC. It is a comprehensive study of the significant
d. Simplifying procedures for processing ECC applications, and impacts of a project on the environment. It includes an Environmental
establishing measures to ensure adherence to ECC conditions by project Management Plan/Program that the
proponents, and proponent will fund and implement to protect the environment
e. Assuring that critical environmental concerns are addressed during l. Environmental Management Plan/Program (EMP) - section in the EIS
project development and implementation that details the prevention, mitigation, compensation, contingency and
monitoring measures to enhance positive impacts and minimize negative
Section 3. Definition of Terms impacts and risks of a proposed project or undertaking. For operating
projects, the EMP can also be derived from an EMS,
For the purpose of this Order, the following definitions shall be applied;
m. Environmental Management Systems (EMS) - refers to the EMB PEPP
a. Certificate, of Non-Coverage - a certification issued by the EMB EMS as provided for under DAO 2003-14, which is a part of the overall
certifying that, based on the submitted project description, the project is management system of a project or organization that includes
not covered by the EIS System and is not required to secure an ECC environmental policy, organizational structure, planning activities,
responsibilities, practices, procedures, processes and resources for
b. Co-located projects / undertakings- projects, or series of similar developing, implementing, achieving, reviewing and maintaining an
projects or a project subdivided to several phases and/or stages by the improved overall environmental performance.
same proponent, located in contiguous areas.
n. Environmental Monitoring Fund (EMF) -fund that a proponent shall set
c Environment - Surrounding air, water (both ground and surface), land, up after an ECC is issued for its project or undertaking, to be used to
flora, fauna, humans and their interrelations. support the activities of the multi-partite monitoring team. It shall be
immediately accessible and easily disbursable.
d. Environmental Compliance Certificate (ECC)- document issued by the
DENR/EMB after a positive review of an ECC application, certifying that o. Environmental Performance - capability of proponents to mitigate
based on the representations of the proponent, the proposed project or environmental impacts of projects or programs.
undertaking will not cause significant negative: environmental impact.
The ECC also certifies that the proponent has complied with all the p. Environmental Performance Report and Management Plan (EPRMP) -
requirements of the EIS System and has committed to implement its documentation of the actual cumulative environmental impacts and
approved Environmental Management Plan. The ECC contains specific effectiveness of current measures for single projects that are already
measures and conditions that the project proponent has to undertake
operating but without ECC's, i.e., Category A-3. For Category B-3 projects, particularly with regard to environmental impacts that are of concern to
a checklist form of the EPRMP would suffice. them.
q. Environmental Risk Assessment (ERA) - assessment, through the use of gg. Stakeholders - entities who may be directly and significantly affected
universally accepted and scientific methods, of risks associated with a by the project or undertaking.
project. It focuses on determining the probability of occurrence of
accidents and their magnitude (e.g. failure, of containment or exposure to hh. Substantive Review - the phase in the EIA process whereby the
hazardous materials or situations.) document submitted is subjected to technical evaluation by the EIARC.
r. EMS-based EMP - environmental management plan based on the ii. Technology - all the knowledge, products, processes, tools, methods
environmental management system (EMS) standard as defined in the and systems employed in the creation of goods or providing services.
DAO 2003-14.
ARTICLE II
s. Initial Environmental Examination (IEE) Report – document similar to ECC APPLICATION PROCESSING AND APPROVAL PROCEDURES
an EIS, but with reduced details and depth of assessment and discussion
Section 4. Scope of the EIS System
t. Initial Environmental Examination (IEE) Checklist Report - simplified
checklist version of an IEE Report, prescribed by the DENR, to be filled up 4.1 In general, only projects that pose potential significant impact to the
by a proponent to identify and assess a project's environmental impacts environment shall be required to secure ECC's. In coordination with the
and the mitigation/enhancement measures to address such impacts. Department of Trade and Industry (DTI) and other concerned
government agencies, the EMB is authorized to
u. Multipartite Monitoring Team (MMT) - community-based multi- update or make appropriate revisions to the technical guidelines for EIS
sectoral team organized for the purpose of monitoring the proponent's System implementation.
compliance with ECC conditions, EMP and applicable laws, rules and
regulations. 4.2 The issuance of ECC or CNC for a project under the EIS System does
not exempt the proponent from securing other government permits and
v. Programmatic Environmental Impact Statement (PEIS) - clearances as required by other laws.
documentation of comprehensive studies on environmental baseline
conditions of a contiguous area. It also includes an assessment of the In determining the scope of the EIS System, two factors are considered:
carrying capacity of the area to absorb impacts from co-located projects (i) the nature of the project and its potential to cause significant negative
such as those in industrial estates or economic zones (ecozones), environmental impacts, and (ii) the sensitivity or vulnerability of
environmental resources in the project area. 4.3 The specific criteria for,
w. Programmatic Environmental Performance Report and Management determining projects or undertakings to be covered by the EIS System are
Plan (PEPRMP) - documentation of actual cumulative environmental as follows:
impacts of collocated projects with proposals for expansion. The PEPRMP
should also describe the effectiveness of current environmental a. Characteristics of the project or undertaking
mitigation measures and plans for performance improvement. • Size of the project
• Cumulative nature of impacts vis-a-vis: other projects
x. Project Description (PD) - document, which may also be a chapter in an • Use of natural resources
EIS, that describes the nature, configuration, use of raw materials and • Generation of waste and environment-related nuisance
natural resources, production system, waste or pollution generation and • Environment-related hazards and risk of accidents
control and the activities of a proposed project. It includes a description
of the use of human resources as well as activity timelines, during the b. Location of the Project
pre-construction, construction, operation and abandonment phases. It is • Vulnerability of the project area to disturbances due to its
to be used for reviewing co-located and single projects under Category C, ecological importance, endangered or protected status
as well as for Category D projects. • Conformity of the proposed project to existing land use, based on
approved zoning or on national laws and regulations
Y. Project or Undertaking - any activity, regardless of scale or magnitude, • Relative abundance, quality and regenerative capacity of natural
which may have significant impact on the environment. resources in the area, including the impact absorptive capacity of
the environment
z. Proponent - any natural or juridical person intending to implement a
project or undertaking. c. Nature of the potential impact
• Geographic extent of the impact and size of affected population
aa. Public Participation - open, transparent, gender-sensitive, and • Magnitude and complexity of the impact
community based process aimed at ensuring the social acceptability of a • Likelihood, duration, frequency, and reversibility of the impact
project or undertaking, involving the broadest range of stakeholders,
commencing at the earliest possible stage, of project design and The following are the categories of projects/undertakings under the EIS
development and continuing until post-assessment monitoring. system:
bb. Procedural Review - phase in the ECC application review process to Category A. Environmentally Critical Projects (ECPs) with significant
check for the completeness the required documents, conducted by EIAM potential to cause negative environmental impacts
Division at the EMB Central Office or Regional Office.
Category B. Projects that are not categorized as ECPs, but which may
cc. Process Industry - an industry whose project operation stage involves cause negative environmental impacts because they are located in
chemical, mechanical or other processes. Environmentally Critical Areas (ECA's)
dd. Scoping - the stage in the EIS System where information and project Category C. Projects intended to directly enhance environmental quality
impact assessment requirements are established to provide the or address existing environmental problems not falling under Category A
proponent and the stakeholders the scope of work and terms of reference or B.
for the EIS.
Category D. Projects unlikely to cause adverse environmental impacts.
ee. Secretary - the Secretary of the DENR.
4.4 Proponents of co-located or single projects that fall under Category A
ff. Social Acceptability - acceptability of a project by affected communities and B are required to secure ECC. For co-located projects, the proponent
based on timely and informed participation in the EIA process has the option to secure a Programmatic ECC. For ecozones, ECC
application may be programmatic based on submission of a
programmatic EIS, or locator-specific based on submission of project EIS b. Project Description;
by each locator. c. Summary matrix of scoping agreements as validated by EMB;
d. [-co-profiling of air, land, water, and relevant people aspects;
4.5 Projects under Category C are required submit Project Description. e. Environmental carrying capacity analysis;
f. Environmental Risk Assessment (if found necessary during scoping);
4.6 Projects classified under Category D may secure a CNC. The EMB- g. Environmental Management Plan to include allocation scheme for
DENR, however, may require such, projects or undertakings to provide discharge of pollutants; criteria for acceptance of locators, environmental
additional environmental safeguards as it may deem necessary. , management guidebook for locators, and environmental liability scheme;
h. Duties of the Environmental Management Unit to be created;
4.7 Projects/undertakings introducing new technologies or construction i. Proposals for Environmental Monitoring & Guarantee Funds and terms
technique but which may cause significant negative environmental of reference for the Multi-partite Monitoring Team, and
impacts shall be required to submit a Project Description Which will be j. Other supporting documents and clearances that may be agreed during
used as basis by EMB for screening the project and the scoping.
determining its category.
Section 5. Requirements for Securing Environmental Compliance 5.2.4. Programmatic Environmental Performance Report and
Certificate (ECC) and Certificate of Non-Coverage (CNC) Management Plan (PEPRMP).
5.1 Documentary Requirements for Proponents ECC processing The PEPRMP shall contain the following:
requirements shall focus on information needed to assess critical
environmental impacts of projects. Processing requirements shall be a. Project Description of the co-located projects;
customized based on the project categories. b. Documentation of the actual environmental performance based on
current/past environmental management measures implemented, and
The total maximum processing time reckons from the acceptance of the c. An EMP based on an environmental management system framework
ECC/CNC application for substantive review up to the issuance of the and standard set by EMB.
decision
5.2.5. Environmental Performance Report and Management Plan
5.2 Forms and Contents of EIA Study Reports and Other Documents
Required Under the EIS System The EPRMP shall contain the following:
a. Project Description;
The following are the different forms of EIA study reports and documents b. Baseline conditions for critical environmental parameters;
required under the EIS System. DENR employees are prohibited from c. Documentation of the environmental performance based on the
taking part in the preparation of such documents. current/past environmental management measures implemented;
The DENR/EMB shall limit to a maximum of two (2) official requests (in d. Detailed comparative, description of the proposed project expansion
writing) to the project proponent for additional information, which shall and/or process modification with corresponding material and energy
be made within the first 75% of the processing timeframe shown in balances in the case of process industries,
Section 5.1.1. e. EMP based on an environmental management system framework and
standard set by EMB.
5.2.1. Environmental Impact Statement (EIS).
5.2.6. Project Description (PD)
The EIS should contain at least the following:
The PD shall be guided by the definition of terms and shall contain the
a. EIS Executive Summary; following: and update IEE Checklists to further streamline ECC
b. Project Description; processing, especially for small and medium enterprises.
c. Matrix of the scoping agreement identifying critical issues and
concerns, as validated by EMB; 5.2.3. Programmatic Environmental Impact Statement (PEIS)
d. Baseline environmental conditions focusing on the sectors (and The PEIS shall contain the following:
resources) most significantly affected by the proposed action; a. Executive Summary;
e. Impact assessment focused on significant environmental impacts (in b. Project Description;
relation to project construction/commissioning, operation and c. Summary matrix of scoping agreements as validated by EMB;
decommissioning), taking into account cumulative impacts; d. [-co-profiling of air, land, water, and relevant people aspects;
f. Environmental Risk Assessment if determined by EMB as necessary e. Environmental carrying capacity analysis;
during scoping; f. Environmental Risk Assessment (if found necessary during scoping);
g. Environmental Management Program/Plan; g. Environmental Management Plan to include allocation scheme for
h. Supporting documents; including technical/socio-economic data discharge of pollutants; criteria for acceptance of locators, environmental
used/generated; certificate of zoning viability and municipal land use management guidebook for locators, and environmental liability scheme;
plan; and proof of consultation with stakeholders; h. Duties of the Environmental Management Unit to be created;
i. Proposals for Environmental Monitoring and Guarantee Funds i. Proposals for Environmental Monitoring & Guarantee Funds and terms
including justification of amount, when required; of reference for the Multi-partite Monitoring Team, and
j. Accountability statement of EIA consultants and the project proponent; j. Other supporting documents and clearances that may be agreed during
and the
k. Other clearances and documents that may be determined and agreed scoping.
upon during scoping. 5.2.4. Programmatic Environmental Performance Report and
Management Plan (PEPRMP).
5.2.2. Initial Environmental Examination (IEE) Report
IEE Report is similar to an EIS, but with reduced details of data and depth The PEPRMP shall contain the following:
of assessment and discussion. It may be customized for different types of a. Project Description of the co-located projects;
projects under Category B. The EMB shall coordinate with relevant b. Documentation of the actual environmental performance based on
government agencies and the private sector to customize and update IEE current/past environmental management measures implemented, and
Checklists to further streamline ECC processing, especially for small and c. An EMP based on the environmental management system framework
medium enterprises. and standard set by EMB.
5.2.3. Programmatic Environmental Impact Statement (PEIS) 5.2.5. Environmental Performance Report and Management Plan
(EPRMP)
The PEIS shall contain the following:
The EPRMP shall contain the following:
a. Executive Summary;
a. Project Description; At a minimum the EIARC report should contain;
b. Baseline conditions for critical environmental parameters;
c. Documentation of the environmental performance based on the a. Detailed assessment of the proposed mitigation and enhancement
current/past environmental management measures implemented; measures for the identified environmental impacts and risks;
d. Detailed comparative, description of the proposed project expansion b. Description of residual or unavoidable environmental impacts despite
and/or process modification with corresponding material and energy proposed mitigation measures;
balances in the case of process industries, c. Documentation of compliance with technical/substantive review
e. EMP based on an environmental management system framework and criteria;
standard set by EMB. d. Key issues/concerns and the proponent's response to these, including
social acceptability measures;
5.2.6. Project Description (PD) e. Assessment of the proposed EMP (including risk
reduction/management plan) and amounts proposed for the
The PD shall be guided by the definition of terms and shall contain the Environmental Guarantee Fund and the Environmental Monitoring Fund,
following: and
f. Recommended decision regarding the ECC application as well as
a. Description of the project; proposed ECC conditions.
b. Location and area covered;
c. Capitalization and manpower requirement; 5.4.3. Decision Document
d. For process industries, a listing of raw materials to be used, description This is an official letter regarding the decision on the application. It may
of the process or manufacturing technology, type and volume of products be in the form of an Environmental Compliance Certificate or a Denial
and discharges: Letter. The ECC shall contain the scope and limitations of the approved
e. For Category C projects, a detailed description on how environmental activities, as well as conditions to ensure compliance with the
efficiency and overall performance improvement will be attained, or how Environmental Management Plan. The ECC shall also specify the setting
an existing environmental problem will be effectively solved or mitigated up of an EMF and EGF, if applicable. No ECC shall be released until the
by the project, and proponent has settled all liabilities, fines and other obligations with
f. A detailed location map of the impacted site showing relevant features DENR.
(e.g. slope, topography, human settlements).
g. Timelines for construction and commissioning . A Denial Letter on the other hand shall specify the bases for the decision.
The ECC or Denial Letter shall be issued directly to the project proponent
5.2.7. EMS-based EMP. or its duly authorized representative, and receipt of the letter shall be
The EMS-based EMP is an option that proponents may undertake in lieu properly documented. The ECC of a project not implemented within five
of the EPRMP for single projects applying for ECC under Category A-3 and years from its date of issuance is deemed expired. The Proponent shall
B-3. have to apply for a new ECC if it intends to pursue the project. The
reckoning date of project implementation is the date of ground breaking,
5.3 Public Hearing 1 Consultation Requirements based on the proponent's work plan as submitted to the EMB.
For projects under Category A-1, the conduct of public hearing as part of
the EIS review is mandatory unless otherwise determined by EMB. For all Section 6. Appeal
other undertakings, a public hearing is not mandatory unless specifically Any party aggrieved by the final decision on the ECC / CNC applications
required by EMB. may, within 15 days from receipt of such decision, file an appeal on the
following grounds:
Proponents should initiate - public consultations early in order to ensure
that environmentally relevant concerns of stakeholders are taken into a. Grave abuse of discretion on the part of the deciding authority, or
consideration in the EIA study and the formulation of the management b. Serious errors in the review findings.
plan, All public consultations and public hearings conducted during the
EIA process are to be documented. The public hearing/ consultation The DENR may adopt alternative conflict/dispute resolution procedures
Process report shall be validated by the EMB/EMB RD and shall as a means to settle grievances between proponents and aggrieved
constitute part of the records of the EIA process. parties to avert unnecessary legal action. Frivolous appeals shall not be
5.4 Documentation Requirements for DENR-EMB and EIA Reviewers countenanced.
The EMB Central Office as well as the EMB Regional Offices shall The proponent or any stakeholder may file an appeal to the following:
document the proceedings of the ECC application process and shall set up
and maintain relevant information management systems. The Deciding Authority Where to file the appeal
documentation shall, at a minimum, include the following: EMB Regional Office Director Office of the EMB Director
EMB Central Office Office of the DENR Secretary
5.4.1. Review Process Report DENR Secretary Office of the President
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-making Section 7. The EIA Process in Relation to the Project Planning Cycle
and maintained as part of the records on the ECC application. The report Proponents are directed under AO 42 to conduct simultaneously the
should contain at least the following: environmental impact study and the project planning or feasibility study.
EMB may validate whether or not the EIS was integrated with project
a. Summary of the environmental impacts of the undertaking, along with planning by requiring relevant documentary proofs, such as the terms of
the proposed mitigation and enhancement measures; reference for the feasibility study and copies of the feasibility study
b. Key issues/concerns and the proponent's response to these; report.
c. Documentation of compliance with procedural requirements;
d. Acceptability of proposed EMP including the corresponding cost of The EMB shall study the potential application of EIA to policy-based
mitigation, EGF and EMF if required; undertakings as a further step toward integrating and streamlining the
e. Key bases for the decision on the ECC application. EIS system.
8.2.1. If no decision is made within the specified timeframe, the ECC/CNC 9.2 Self-monitoring and Third Party Audit
application is deemed automatically approved and the approving The proponent shall also conduct regular self-monitoring of specific
authority shall issue the ECC or CNC within five (5) working days after parameters indicated in the EMP through its environmental unit. The
the prescribed processing timeframe has lapsed. However, the EMB may proponent's environmental unit shall submit a semi-annual monitoring
deny issuance of ECC if the proponent fails to submit required additional report within January and July of each year.
information critical to deciding on the ECC/CNC application, despite
written request from EMB and despite an adequate period for the For projects with ECCs issued based on a PEPRMP, EPRMP, or an EMS-
proponent to comply with the said requirement; based EMP, a third party audit may be undertaken by a qualified
8.2.2. In cases where ECC issuance cannot be decided due to the environmental or EMS auditor upon the initiative of the proponent and in
proponent's inability to submit required additional information within lieu of forming an MMT. The said proponent shall submit to EMB a copy
the prescribed period, the EMB shall return the application to the of the audit findings and shall be held accountable for the veracity of the
proponent. The project proponent may resubmit its application, including report. The EMB may opt to validate the said report.
the required additional information, within one (1) year for Category A
projects and six (6) months for Category B projects without having to pay 9.3 Environmental Guarantee Fund
processing and other fees. Otherwise, the matter shall be treated as a new An Environmental Guarantee Fund (EGF) shall be established for all co-
application. located or single projects that have been determined by DENR to pose a
significant public risk or where the project requires rehabilitation or
8.2.3. In cases where EMB and the project proponent have exhausted all restoration. An EGF Committee shall be formed to manage the fund. It
reasonable efforts to generate the information needed for deciding on the shall be composed of representatives from the EMB Central Office, EMB
ECC/CNC application, the responsible authority (Secretary or EMB Regional Office, affected communities, concerned LGUs, and relevant
Director/ Regional Director), shall make a decision based on the available government agencies identified by EMB.
information so as to comply with the prescribed timeframe. The decision
shall nonetheless reflect a thorough assessment of impacts taking into An integrated MOA on the MMT-EMF-EGF shall be entered into among
consideration (i) the significance of environmental impacts and risks; (ii) the EMB Central Office, EMB Regional Office, the proponent, and
the carrying capacity of the environment; (iii) equity issues with respect representatives of concerned stakeholders.
to use of natural resources, (iv) and the proponent's commitment, to
institute effective environmental management measures. 9.4 Abandonment
For projects that shall no longer be pursued, the proponent should inform
8.3 Amending an ECC EMB to relieve the former from the requirement for continued
Requirements for processing ECC amendments shall depend on the compliance with the ECC conditions. For projects that have already
nature of the request but shall be focused on the information necessary to commenced implementation, an abandonment/decommissioning plan
assess the environmental impact of such changes. shall be submitted for approval by EMB at least six (6) months before the
planned abandonment/decommissioning. The implementation of the
8.3.1. Requests for minor changes to ECCs such as extension of deadlines plan shall be verified by EMB.
for submission of post-ECC requirements shall be decided upon by the
endorsing authority. ARTICLE Ill
8.3.2. Requests for major changes to ECCs shall be decided upon by the STRENGTHENING THE IMPLEMENTATION OF THE PHILIPPINE EIS
deciding authority. SYSTEM
8.3.3. For ECCs issued pursuant to an IEE or IEE checklist, the processing
of the amendment application shall not exceed thirty (30) working days; Section 10. Coordination with other Government Agencies and other
and for ECCs issued pursuant to an EIS, the processing shall not exceed Organizations
sixty (60) working days. Provisions on automatic approval related to
prescribed timeframes under AO 42 shall also apply for the processing of The DENR-EMB shall conduct regular consultations with DTI and other
applications to amend ECCs. pertinent government agencies, affected industry groups and other
stakeholders on continually streamlining the processing of ECC
Section 9. Monitoring of Projects with ECCs applications and post ECC implementation to fulfill the policy and
Post ECC monitoring of projects shall follow these guidelines. Other objectives of this administrative order.
details on requirements for monitoring of projects with ECCs shall be
stipulated in a procedural manual to be formulated by EMB. The President shall be apprised of the issues raised as well as the actions
taken by DENR to address these issues whenever necessary.
9.1 Multipartite Monitoring Team
For projects under Category A, a multi-partite monitoring team (MMT) Section 11. Information Systems Improvement
shall be formed immediately after the issuance of an ECC. Proponents The information system on the EIS System implementation shall be
required to establish an MMT shall put up an Environmental Monitoring improved for the effective dissemination of information to the public. The
Fund (EMF) not later than the initial construction phase of the project. information system shall include regular updating of the status of ECC
applications through a website and through other means.
The MMT shall be composed of representatives of the proponent and of
stakeholder groups, including representatives from concerned LGU's, Section 12. Accreditation System
locally accredited NGOs/POs, the community, concerned EMB Regional To enhance the quality of the EIS submitted to the DENR/EMB, the EMB
Office, relevant government agencies, and other sectors that may be shall establish an accreditation system for individual professionals,
identified during the negotiations. academic and professional organizations that can be tapped to train
professionals in conducting EIA using training modules approved by
The team shall be tasked to undertake monitoring of compliance with EMB.
ECC conditions as well as the EMP. The MMT shall submit a semi-annual
monitoring report within January and July of each year. The EMB shall also work with DTI-BPS for an accreditation system for
environmental and EMS auditors, consistent with provisions of DAO
The EMB shall formulate guidelines for operationalizing area-based or 2003-14 on the Philippine Environmental Partnership Program.
cluster-based MMT. The Bureau may also develop guidelines for
delegating, monitoring responsibilities to other relevant government
Section 13. Creation of an HAM Division and Strengthening of upon registration with the EMB Central Office. An Environmental
Review and Monitoring Capability Performance Report and Management Plan (EPRMP) shall be submitted
In order to effectively implement the provisions of this administrative as a requirement for such ECC application within six months from the
order, the current EIA ad hoc division at the EMB Central Office and the signing of this Administrative order.
EMB Regional Offices that are primarily in-charge of processing ECC
applications and post-ECC monitoring shall be converted to a full-pledged During the period that that the Procedural Manual and other necessary
Environmental Impact Assessment and Management Division (EIAMD). guidelines are being prepared, existing guidelines which are consistent
The Division shall have the following structure and functions: with the provisions of this Order shall remain in effect. Adequate
resources shall be provided for the formulation of the Procedural Manual
13.1 The EIA Evaluation Section shall be in charge of screening projects and for the effective implementation of this Order.
for coverage under the EIS System, EIS Scoping, and evaluation of EIS's
and IEE's submitted for ECC issuance. It shall have three units Section 18. Repealing Clause
responsible, respectively, for screening for coverage, EIS Scoping, and This Order hereby supersedes Department Administrative Order No. 96-
evaluation of ECC applications. The EMB may commission independent 37, Department Administrative Order No. 2000-37, DAO 2000-05 and
professionals, experts from the academe and representatives from other related orders, which are inconsistent herewith.
relevant government agencies as members of the EIA Review Committee
as may be deer 31d necessary. Further, continual improvement of the
technical capability of the Staff of the EIA Division shall be undertaken.
13.2 The Impact Monitoring and Validation Section shall be in charge of C.A. No. 141 : AN ACT TO AMEND AND COMPILE THE LAWS RELATIVE
monitoring compliance to ECC conditions and implementation of the TO LANDS OF THE PUBLIC DOMAIN
Environmental Management Program (EMP): The unit shall also validate
actual impacts as a basis for evaluating environmental performance and TITLE I
effectiveness of the EMP. TITLE AND APPLICATION OF THE ACT, LANDS TO WHICH IT REFERS,
AND CLASSIFICATION, DELIMITATION, AND SURVEY - THEREOF FOR
13.3 In the EMB Central Office, there shall be a Systems Planning and CONCESSION
Management Section. It shall ensure that a continually improving
systems-oriented and integrated approach is followed in implementing
CHAPTER I
the Philippine EIS System vis-a-vis national development programs. The
SHORT TITLE OF THE ACT, LANDS TO WHICH IT APPLIES, AND
section shall have two units responsible for specific systems level
OFFICERS CHARGED WITH ITS EXECUTION
concerns: (1) Project Level Systems Planning and Management Unit; and
(2) Program and Policy Level Systems Planning and Management Unit.
This section shall also be responsible for technical coordination with the Sec. 2. The provisions of this Act shall apply to the lands of the public
EIA Division in the different EMB Regional Offices. domain; but timber and mineral lands shall be governed by special laws
and nothing in this Act provided shall be understood or construed to
The organizational structure of the EMB Central Office is in Annex 1. change or modify the administration and disposition of the lands
commonly called “friar lands” and those which, being privately owned,
ARTICLE 1V have reverted to or become the property of the Commonwealth of the
MISCELLANEOUS PROVISIONS Philippines, which administration and disposition shall be governed by
the laws at present in force or which may hereafter be enacted.
Section 14. Budget Allocation Sec. 3. The Secretary of Agriculture and Commerce shall be the executive
For the effective implementation of this order, adequate funding should officer charged with carrying out the provisions of this Act through the
be provided under the annual General Appropriations Act. Director of Lands, who shall act under his immediate control.
Sec. 4. Subject to said control, the Director of Lands shall have direct
Per AU 42, the new position items for the EIA Division shall be created executive control of the survey, classification, lease, sale or any other
out of the existing budget and vacant position items within the form of concession or disposition and management of the lands of the
government service, which shall be reclassified accordingly. public domain, and his decisions as to questions of fact shall be conclusive
when approved by the Secretary of Agriculture and Commerce.
Section 15. Fees Sec. 5. The Director of Lands, with the approval of the Secretary of
All proponents, upon submission of the IEEIEIS and application for Agriculture and Commerce shall prepare and issue such forms,
amendment, shall pay filing fees and other charges in accordance with instructions, rules, and regulations consistent with this Act, as may be
prescribed standard costs and fees set by EMB in relation to the necessary and proper to carry into effect the provisions thereof and for
implementation of the Philippine EIS System, as shown in Annex 2. the conduct of proceedings arising under such provisions.
The proponent shall shoulder the cost of reviewing the EIS. CHAPTER II
CLASSIFICATION, DELIMITATION, AND SURVEY OF LANDS OF THE
Section 16. Fines, Penalties And Sanctions PUBLIC DOMAIN, FOR THE CONCESSION THEREOF
The EMB Central Office or Regional Office Directors shall impose
penalties upon persons or entities found violating provisions of P.D. 1586, Sec. 6. The President, upon the recommendation of the Secretary of
and its Implementing Rules and Regulations. Details of the Fines and Agriculture and Commerce, shall from time to time classify the lands of
Penalty Structure shall be covered by a separate order. the public domain into -
(a) Alienable or disposable;
The EMB Director or the EMB-RD may issue a Cease and Desist Order (b) Timber, and
(CDO) based on violations under the Philippine EIS System to prevent (c) Mineral lands,
grave or irreparable damage to the environment. Such CDO shall be and may at any time and in a like manner transfer such lands from one
effective immediately. An appeal or any motion seeking to lift the CDO class to another, for the purposes of their administration and disposition.
shall not stay its effectivity. However, the DENR shall act on such appeal Sec. 7. For the purposes of the administration and disposition of alienable
or motion within ten (10) working days from filing. or disposable public lands, the President, upon recommendation by the
Secretary of Agriculture and Commerce, shall from time to time declare
The EMB may publish the identities of firms that are in violation of the what lands are open to disposition or concession under this Act.
EIA Law and its Implementing Rules and Regulations despite repeated Sec. 8. Only those lands shall be declared open to disposition or
Notices of Violation and/or Cease and Desist Orders. concession which have been officially delimited and classified and, when
practicable, surveyed, and which have not been reserved for public or
Section 17. Transitory Provisions quasi-public uses, nor appropriated by the Government, nor in any
The DENR may extend reprieve to proponents of projects operating manner become private property, nor those on which a private right
without ECC (Categories A-3 and B-3) from penalties specified in PD 1586 authorized and recognized by this Act or any other valid law may be
claimed, or which, having been reserved or appropriated, have ceased to abandoned the land for more than six months at any one time during the
be so However, the President may, for reasons of public interest, declare years of residence and occupation herein required, or has otherwise
lands of the public domain open to disposition before the same have had failed to comply with the requirements of this Act, the Director of Lands
their boundaries established or been surveyed, or may, for the same may cancel the entry.
reason, suspend their concession or disposition until they are again Sec. 17. Before final proof shall be submitted by any person claiming to
declared open to concession or disposition by proclamation duly have complied with the provisions of this chapter, due notice, as
published or by Act of the National Assembly. prescribed by the Secretary of Agriculture and Commerce shall be given
Sec. 9. For the purpose of their administration and disposition, the lands to the public of his intention to make such proof, stating therein the name
of the public domain alienable or open to disposition shall be classified, and address of the homesteader, the description of the land, with its
according to the use or purposes to which such lands are destined, as boundaries and area, the names of the witness by whom it is expected
follows: that the necessary facts will be established, and the time and place at
(a) Agricultural which, and the name of the officer before whom, such proof will be made.
(b) Residential commercial industrial or for similar productive purposes Sec. 18. In case the homesteader shall suffer from mental alienation, or
(c) Educational, charitable, or other similar purposes shall for any other reason be incapacitated from exercising his rights
(d) Reservations for town sites and for public and quasi-public uses. personally, the person legally representing him may offer and submit the
The President, upon recommendation by the Secretary of Agriculture and final proof on behalf of such incapacitated person.
Commerce, shall from time to time make the classifications provided for Sec. 19. Not more than one homestead entry shall be allowed to any one
in this section, and may, at any time and in a similar manner, transfer person, and no person to whom a homestead patent has been issued by
lands from one class to another. virtue of the provisions of this Act regardless of the area of his original
Sec. 10. The words “alienation, “‘disposition, or “concession” as used in homestead, may again acquire a homestead; Provided, however, That any
this Act, shall mean any of the methods authorized by this Act for the previous homesteader who has been issued a patent for less than twenty-
acquisition, lease, use, or benefit of the lands of the public domain other four hectares and otherwise qualified to make a homestead entry, may be
than timber or mineral lands. allowed another homestead which, together with his previous homestead
shall not exceed an area of twenty-four hectares.
TITLE II Sec. 20. If at any time after the approval of the application and before the
AGRICULTURAL PUBLIC LANDS patent is issued, the applicant shall prove to the satisfaction of the
CHAPTER III Director of Lands that he has complied with all the requirements of the
FORMS OF CONCESSION OF AGRICULTURAL LANDS law, but cannot continue with his homestead, through no fault of his own,
and there is a bona fide purchaser for the rights and improvements of the
applicant on the land, and that the conveyance is not made for purposes
Sec. 11. Public lands suitable for agricultural purposes can be disposed of
of speculation, then the applicant, with the previous approval of the
only as follows, and not otherwise:
Director of Lands may transfer his rights to the land and improvements to
(1) For homestead settlement
any person legally qualified to apply for a homestead, and immediately
(2) By sale
after such transfer, the purchaser shall file a homestead application for
(3) By lease
the land so acquired and shall succeed the original homesteader in his
(4) By confirmation of imperfect or incomplete titles:
rights and obligations beginning with the date of the approval of said
(a) By judicial legalization
application of the purchaser. Any person who has so transferred his
(b) By administrative legalization (free patent).
rights may not again apply for a new homestead. Every transfer made
Sec. 12. Any citizen of the Philippines over the age of eighteen years, or
without the previous approval of the Director of Lands shall be null and
the head of a family, who does not own more than twenty-four hectares of
void and shall result in the cancellation of the entry and the refusal of the
land in the Philippines or has not had the benefit of any gratuitous
patent.
allotment of more than twenty-four hectares of land since the occupation
Sec. 21. Any non-Christian Filipino who has not applied for a home-stead,
of the Philippines by the United States, may enter a homestead of not
desiring to live upon or occupy land on any of the reservations set aside
exceeding twenty-four hectares of agricultural land of the public domain.
for the so-called “non-Christian tribes” may request a permit of
Sec. 13. Upon the filing of an application for a homestead, the Director of
occupation for any tract of land of the public domain reserved for said
Lands, if he finds that the application should be approved, shall do so and
non-Christian tribes under this Act, the area of which shall not exceed
authorize the applicant to take possession of the land upon the payment
four hectares. It shall be an essential condition that the applicant for the
of five pesos, Philippine currency, as entry fee. Within six months from
permit cultivate and improve the land, and if such cultivation has not
and after the date of the approval of the application, the applicant shall
been begun within six months from and after the date on which the
begin to work the homestead, otherwise he shall lose his prior right to the
permit was received, the permit shall be cancelled. The permit shall be for
land.
a term of one year. If at the expiration of this term or at any time prior
Sec. 14. No certificate shall be given or patent issued for the land applied
thereto, the holder of the permit shall apply for a homestead under the
for until at least one-fifth of the land has been improved and cultivated.
provisions of this chapter, including the portion for which a permit was
The period within which the land shall be cultivated shall not be less than
granted to him, he shall have the priority, otherwise the land shall be
one or more than five years, from and after the date of the approval of the
again open to disposition at the expiration of the permit.
application. The applicant shall, within the said period, notify the Director
For each permit the sum of one peso shall be paid.
of Lands as soon as he is ready to acquire the title. If at the date of such
notice, the applicant shall prove to the satisfaction of the Director of
CHAPTER IV
Lands, that he has resided continuously for at least one year in the
SALE
municipality in which the land is located, or in a municipality adjacent to
the same, and has cultivated at least one-fifth of the land continuously
since the approval of the application, and shall make affidavit that no part Sec. 22. Any citizen of lawful age of the Philippines, and any such citizen
of said land has been alienated or encumbered, and that he has complied not of lawful age who is a head of a family, and any corporation or
with all the requirements of this Act, then, upon the payment of five association of which at least sixty per centum of the capital stock or of
pesos, as final fee, he shall be entitled to a patent. any interest in said capital stock belongs wholly to citizens of the
Sec. 15. At the option of the applicant, payment of the fees required in Philippines, and which is organized and constituted under the laws of
this chapter may be made to the municipal treasurer of the locality, who, Philippines, and corporate bodies organized in the Philippines authorized
in turn, shall forward them to the provincial treasurer. In case of under their charters to do so; may purchase any tract of public
delinquency of the applicant, the Director of Lands may, sixty days after agricultural land disposable under this Act, not to exceed one hundred
such delinquency has occurred, either cancel the application or grant an and forty-four hectares in the case of an individual and one thousand and
extension of time not to exceed one hundred and twenty days for the twenty-four hectares in that of a corporation or association, by
payment of the sum due. proceeding as prescribed in this chapter: Provided, That partnerships
Sec. 16. If at any time before the expiration of the period allowed by law shall be entitled to purchase not to exceed one hundred and forty-four
for the making of final proof, it shall be proven to the satisfaction of the hectares for each member thereof. But the total area so purchased shall in
Director of Lands, after due notice to the homesteader, that the land no case exceed the one thousand and twenty-four hectares authorized in
entered is under the law not subject to home-stead entry, or that the this section for associations and corporations.
homesteader has actually changed his residence, or voluntarily
Sec. 23. No person, corporation, association, or partnership other than Land Officer shall submit his recommendation to the Director of Lands,
those mentioned in the last preceding section may acquire or own for the final decision of the latter in the case.
agricultural public land or land of any other denomination or The District Land Officer shall accept and process any application for the
classification, which is at the time or was originally, really or purchase of public lands not exceeding five hectares subject to the
presumptively, of the public domain, or any permanent improvement approval of the Director of Lands within sixty days after receipt of the
thereon, or any real right on such land and improvement: Provided, recommendation of said District Land Officer.
however, That persons, corporations, associations or partnerships which, Sec. 27. The purchase price shall be paid as follows: The balance of the
at the date upon which the Philippine Constitution took effect, held purchase price after deducting the amount paid at the time of submitting
agricultural public lands or land of any other denomination, that the bid, may be paid in full upon the making of the award, or in not more
belonged originally, really or presumptively, to the public domain, or than ten equal annual installments from the date of the award.
permanent improvements on such lands, or a real right upon such lands Sec. 28. The purchaser shall have not less than one-fifth of the land
and Constitution took improvements, having acquired the same under the broken and cultivated within five years after the date of the award; and
laws and regulations in force at the date of such acquisition, shall be before any patent is issued, the purchaser must show of occupancy,
authorized to continue holding the same as if such persons, corporations, cultivation, and improvement of at least one-fifth of the land applied for
associations, or partnerships were qualified under the last preceding until the date on which final payment is made: Provided, however, That in
section; but they shall not encumber, convey, or alienate the same to case land purchased is to be devoted to pasture, it shall be sufficient
persons, corporations, associations, or partnerships not included in compliance with this condition if the purchaser shall graze on the land as
section twenty-two of this Act, except by reason of hereditary succession, many heads of his cattle as will occupy at least one-half of the entire area
duly legalized and acknowledged by competent courts. at the rate of one head per hectare.
Sec. 24. Lands sold under the provisions of this chapter must be Sec. 29. After title has been granted, the purchaser may not, within a
appraised in accordance with section one hundred and sixteen of this Act. period of ten years from such cultivation or grant, convey or encumber or
The Director of Lands shall announce the sale thereof by publishing the dispose said lands or rights thereon to any person, corporation or
proper notice once a week for six consecutive weeks in the Official association, without prejudice to any right or interest of the Government
Gazette, and in two newspapers one published in Manila and the other in the land: Provided, That any sale and encumbrance made in violation
published in the municipality or in the province where the lands are of the provisions of this section, shall be null and void and shall produce
located, or in a neighboring province, and the same notice shall be posted the effect of annulling the acquisition and reverting the property and all
on the bulletin board of the Bureau Of Lands in Manila, and in the most rights thereto to the State, and all payments on the purchase price
conspicuous place in the provincial building and the municipal building of theretofore made to the Government shall be forfeited.
the province and municipality, respectively, where the land is located, Sec. 30. If at any time after the date of the award and before the issuance
and, if practicable, on the land itself; but if the value of the land does not of patent, it is proved to the satisfaction of the Director of Lands, after due
exceed two hundred and forty pesos, the publication in the Official notice to the purchaser, that the purchaser has voluntarily abandoned the
Gazette and newspapers may be omitted. The notices shall be published land for more than one year at any one time, or has otherwise failed to
one in English and the other in Spanish or in the local dialect, and shall fix comply with the requirements of the law, then the land shall revert to the
a date not earlier than sixty days after the date of the notice upon which State, and all prior payments made by the purchaser and all
the land will be awarded to the highest bidder, or public bids will be improvements existing on the land shall be forfeited.
called for, or other action will be taken as provided in this chapter. Sec. 31. No person, corporation, association, or partnership shall be
Sec. 25. Public agricultural lands which are not located within ten (10) permitted, after the approval of this Act, to acquire the title to or possess
kilometers from the boundaries of the city proper in chartered cities or as owner any lands of the public domain if such lands, added to other
within five (5) kilometers from the municipal hall or town occupants lands belonging to such person, corporation, association, or partnership
plaza of any municipality may be sold to actual occupants who do not shall give a total area greater than area the acquisition of which by
own any parcel of land or whose total land holdings do not exceed five purchase is authorized under this Act. Any excess in area over this
hectares and who comply with the minimum requirements of maximum and all right, title, interest, claim or action held by any person,
Commonwealth Act numbered one hundred forty-one, as amended, and corporation, association, or partnership resulting directly or indirectly in
who have resided on the land applied for at least two years prior to the such excess shall revert to the State.
date of the application. This section shall, however, not be construed to prohibit any person,
All bids must be sealed and addressed to the Director of Lands and must corporation, association, or partnership authorized by this Act to require
have enclosed therewith cash or certified check, treasury warrant, or lands of the public domain from making loans upon real necessary for the
post-office money order payable to the order of the Director of Lands for recovery of such loans; but in this case, as soon as the excess above
ten per centum of the amount of the bid, which amount shall be retained referred to occurs, such person, corporation, association, or partnership
in case the bid is accepted as part payment of the purchase price: shall dispose of such lands within five years, for the purpose of removing
Provided, That no bid shall be considered the amount of which is less the excess mentioned. Upon the land in excess of the limit there shall be
than the appraised value of the land. paid, so long as the same is not disposed of, for the first year a surtax of
In addition to existing publication requirements in section twenty-four of fifty per centum additional to the ordinary tax to which such property
Commonwealth Act Numbered one hundred forty-one, as amended, shall be subject, and for each succeeding year fifty per centum shall be
notices and of applications shall be posted for a period of not less than added to the last preceding annual tax rate, until the property shall have
thirty days in at least three conspicuous places in the municipality where been disposed of.
the parcel of land is located, one of which shall be at the municipal The person, corporation, association, or partnership owning the land in
building, and other, in the barrio council building of the barrio where the excess of the limit established by this Act shall determine the portion of
land is located. land to be segregated.
Sec. 26. Upon the opening of the bids, the land shall be awarded to the At the request of Secretary of Agriculture and Commerce, the Solicitor-
highest bidder. If there are two or more equal bids which are higher than General or the officer acting in his stead shall institute the necessary
the others, and one of such equal bids is that of the applicant, his bid shall proceedings in the proper court for the purpose of determining the
be accepted. If, however, the bid of the applicant is not one of such equal excess portion to be segregated, as well as the disposal of such portion in
and higher bids, the Director of Lands shall at once submit the land for the exclusive interest of the Government.
public bidding, and to the person making the highest bid on such public Sec. 32. This chapter shall be held to authorize only one purchase of the
auction the land shall be awarded. In any case, the applicant shall always maximum amount of land hereunder by the same person, corporation,
have the option of raising his bid to equal that of the highest bidder, and association, or partnership; and no corporation, association, or
in this case the land shall be awarded to him. No bid received at such partnership, any member of which shall have received the benefits of this
public auction shall be finally accepted until the bidder shall have chapter or of the next following chapter, either as an individual or as a
deposited ten per centum of his bid, as required in Section twenty-five of member of any other corporation, association, or partnership, shall
this Act. In case none of the tracts of land that are offered for sale or the purchase any other lands of the public domain under this chapter. But
purchase of which has been applied for, has an area in excess of twenty- any purchaser of public land, after having made the last payment upon
four hectares, the Director of Lands may delegate to the District Land and cultivated at least one-fifth of the land purchased, if the same shall be
Officer concerned the power of receiving bids, holding the auction, and less than the maximum allowed by this Act, may purchase successively
proceeding in accordance with the provisions of this Act, but the District additional agricultural public land adjacent to or not distant from the land
first purchased, until the total area of such purchases shall reach the
maximum established in this chapter: Provided, That in making such Sec. 39. It shall be an inherent and essential condition of the lease that
additional purchase or purchases, the same conditions shall be complied the lessee shall have not less than one-third of the land broken and
with as prescribed by this Act for the first purchase. cultivated within five years after the date of the approval of the lease:
Provided, however, That in case the land leased is to be devoted to
CHAPTER V pasture, it shall be sufficient compliance with this condition if the lessee
LEASE shall graze on the land as many heads of cattle as will occupy at least one-
half of the entire area at the rate of one head per hectare.
Sec. 40. The lessee shall not assign, encumber, or sublet his rights
Sec. 33. Any citizen of lawful age of the Philippines, and any corporation
without the consent of the Secretary of Agriculture and Commerce, and
or association of which at least sixty per centum of the capital stock or of
the violation of this condition shall avoid the contract: Provided, That
any interest in said capital stock belongs wholly to citizens of the
assignment, encumbrance, or subletting for purposes of speculation shall
Philippines, and which is organized and constituted under the laws of the
not be permitted in any case: Provided, further, That nothing contained in
Philippines, may lease any tract of agricultural public land available for
this section shall be understood or construed to permit the assignment,
lease under the provisions of this Act, not exceeding a total of one
encumbrance, or subletting of lands leased under this Act, or under any
thousand and twenty-four hectares. If the land leased is adapted to and
previous Act, to persons, corporations, or associations which under this
be devoted for grazing purposes, an area not exceeding two thousand
Act, are not authorized to lease public lands.
hectares may be granted. No member, stockholder, of officer,
Sec. 41. The lease of any lands under this chapter shall not confer the
representative, attorney, agent, employee or bondholder of any
right to remove or dispose of any valuable timber except as provided in
corporation or association holding or controlling agricultural public land
the regulations of the Bureau of Forestry for cutting timber upon such
shall apply, directly or indirectly, for agricultural public land except under
lands. Nor shall such lease confer the right to remove or dispose of stone,
the homestead and free patent provisions of this Act: Provided, That no
oil, coal, salts. or other minerals, or medicinal mineral waters existing
lease shall be permitted to interfere with any prior claim by settlement or
upon the same. The lease as to the part of the land which shall be mineral
occupation, until the consent of the occupant or settler is first had, or
may be canceled by the Secretary of Agriculture and Commerce, after
until such claim shall be legally extinguished, and no person, corporation,
notice to the lessee, whenever the said part of the land is more valuable
or association shall be permitted to lease lands here-under which are not
for agricultural purposes.
reasonably necessary to carry on his business in case of an individual, or
The commission of waste or violation of the forestry regulations by the
the business for which it was lawfully created and which it may lawfully
lessee shall work a forfeiture of his last payment of rent and render him
pursue in the Philippines, if an association or corporation.
liable to immediate dispossession and suit for damage.
Sec. 34. A notice of the date and place of the auction of the right to lease
Sec. 42. After having paid rent for at least the first two years of the lease,
the land shall be published and announced in the same manner as that
and having complied with the requirements prescribed in section thirty
prescribed for the publication and announcement of the notice of sale, in
nine, the lessee of agricultural public land with an area than the
section twenty-four of this Act.
maximum allowed by law, may lease successively additional agricultural
Sec. 35. All bids must be sealed and addressed to the Director of Lands
public land adjacent to or near the land originally leased until the total-
and must have enclosed therewith cash or a certified check, Treasury
area of such leases shall reach the maximum established in this chapter:
warrant, or post-office money order payable to the order of the Director
Provided, That in making such additional lease, the same conditions shall
of Lands, for a sum equivalent to the rental for at least, the first three
be complied with as prescribed by this Act for the first lease.
months of the lease: Provided, That no bid shall be considered in which
Sec. 43. During the life of the lease, any lessee who shall have complied
the proposed annual rental is less than three per centum of the value of
with all the conditions thereof and shall have the qualifications required
the land according to the appraisal made in conformity with section one
by section twenty-two, shall have the option of purchasing the land
hundred and sixteen of this Act.
leased subject to the restrictions of chapter five of this Act.
Sec. 36. The auction of the right to lease the land shall be conducted under
the same procedure as that prescribed for the auction sale of agricultural
CHAPTER VI
lands as described in section twenty-six of this Act: Provided, That no bid
FREE PATENTS
shall be accepted until the bidder shall have deposited the rental for at
least the first three months of the lease.
Sec. 37. The annual rental of the land leased shall not be less than three Sec. 44. Any natural-born citizen of the Philippines who is not the owner
per centum of the value of the land, according to the appraisal and of more than twenty-four hectares and who since July fourth, nineteen
reappraisal made in accordance with section one hundred sixteen of this hundred and twenty-six or prior thereto, has continuously occupied and
Act; except for lands reclaimed by the Government, which shall not be cultivated, either by himself or through his predecessors-in-interest, a
less than four per centum of the appraised and reappraised value of the tract or tracts of agricultural public lands subject to disposition, or who
land: Provided, That one-fourth of the annual rental of these lands shall have paid the real estate tax thereon while same has not been
reclaimed prior to the approval of this Act shall accrue to the construction occupied by any person shall be entitled, under the provisions of this
and improvement portion of the Portworks Funds: And provided, further, chapter, to have a free patent issued to him for such tract or tracts of such
That the annual rental of not less than four per centum of the appraised land not to exceed twenty-four hectares.
and reappraised value of the lands reclaimed using the Portworks Fund A member of the national cultural minorities who has continuously
after the approval of this Act shall all accrue to the construction and occupied and cultivated, either by himself or through his predecessors-in-
improvement portion of the Portworks Fund. But if the land leased is interest, a tract or tracts of land, whether disposable or not since July 4,
adapted to and be devoted for granting purposes, the annual rental shall 1955, shall be entitled to the right granted in the preceding paragraph of
be not less than two per centum of-the appraised and reappraised value this section: Provided, That at the time he files his free patent application
thereof- Every contract of lease under the provisions of this chapter shall he is not the owner of any real property secured or disposable under this
contain a cause to the effect that are appraisal of the land leased shall be provision of the Public Land Law
made every ten years from the date of the approval of the lease, if the Sec. 45. The President of the Philippines (Prime Minister), upon
term of the same shall be in excess of ten years. In case the lessee is not recommendation of the Secretary of Natural Resources, shall from time to
agreeable to the reappraisal and prefers to give up his contract of lease, time fix by proclamation the period which applications for Proclamation
he shall notify the Director of Lands of his desire within the six months free patents may be filed in the district, chartered city, of period province,
next preceding the date on which the reappraisal takes effect, and in case municipality or region specified in such proclamation, and upon the
his request is approved, the Director of Lands may, if the lessee should so expiration of the period so designated, unless the same be extended by
desire, proceed in accordance with section one hundred of this Act. the President (Prime Minister) all the land comprised within such district,
Sec. 38. Leases shall run for a period of not more than twenty-five years, chartered city, province, municipality or region subject thereto under the
but may be renewed once for another period of not to exceed twenty-five provisions of this chapter may be disposed of as agricultural public land
years, in case the lessee shall have made important improvements which, without prejudice to the prior right of the occupant and cultivator to
in the discretion of the Secretary of Agriculture and Commerce justify a acquire such land under this Act by means other than free patent. The
renewal. Upon the final expiration of the lease, all buildings and other time to be fixed in the entire Archipelago for the filing of applications
permanent improvements made by the lessee, his heirs, executors, under this Chapter shall not extend beyond December 31, 1987, except in
administrators, successors, or assigns shall become the property of the the provinces of Agusan del Norte, Agusan del Sur, Cotabato, South
Government, and the land together with the said improvements shall be Cotabato, Bukidnon, Lanao del Norte, Lanao del Sur, Davao del Norte,
disposed of in accordance with the provisions of chapter five of this Act. Davao del Sur, Davao Oriental, Sulu, Mt. Province, Benguet, Kalinga-
Apayao, and Ifugao where the President of the Philippines, upon title or claim be inquired into and that a certificate of title be issued to
recommendation of the Secretary of Natural Resources, shall determine them under the provisions of the Land Registration Act.
or fix the time beyond which the filing of applications under this Chapter The application shall conform as nearly as may be in its material
shall not extend. The period fixed for any district, chartered city, allegations to the requirements of an application for registration under
province, or municipality shall begin to run thirty days after the the Land Registration Act, and shall be accompanied by a plan of the land
publication of the proclamation in the Official Gazette and if available in and all documents evidencing a right on the part of the applicant to the
one newspaper of general circulation in the city, province or municipality land claimed. The application shall also state the citizenship of the
concerned. A certified copy of said proclamation shall be furnished by the applicant and shall set forth fully the nature of the claim and when based
Secretary of Natural Resources within 30 days counted from the date of upon proceeding initiated under Spanish laws, it shall specify as exactly
the presidential proclamation to the Director of Lands and to the as possible the date and form of application for purchase composition or
provincial board, the municipal board or city council and barangay other form of grant, the extent of the compliance with the conditions
council affected, and copies thereof shall be posted on the bulletin board required by the Spanish laws and royal decrees for the acquisition of legal
of the Bureau of Lands at Manila and at conspicuous places in the title, and if not fully complied with, the reason for such noncompliance,
provincial building and at the municipal building and barangay hall or together with a statement of the length of time such land or any portion
meeting place. It shall moreover, be announced by government radio thereof has been actually occupied by the claimant or his predecessors in
whenever available, in each of the barrios of the municipality. interest; the use made of the land, and the nature of the enclosure, if any.
Sec. 46. If, after the filing of the application and the investigation, the The fees provided to be paid for the registration of lands under the Land
Director of Lands shall be satisfied of the truth of the allegations Registration Act shall be collected from applicants under this chapter.
contained the application and that the applicant comes within the Sec. 51. Applications for registration under this chapter shall be heard in
provisions chapter, he shall cause a patent to issue to the applicant or his the Court of First Instance in the same manner and shall be subject to the
legal successor for the tract so occupied and cultivated, provided its area same procedure as established in the Land Registration Act for other
does not exceed twenty-four hectares: Provided, That no application shall applications, except that a notice of all such applications, together with a
be finally acted upon until notice thereof has been published in the plan of the lands claimed, shall be immediately forwarded to the Director
municipality and barrio in which the land is located and adverse of Lands, who may appear as a party in such cases: Provided, That prior
claimants have had an opportunity to present their claims. to the publication for hearing, all of the papers in said case shall be
transmitted papers by the clerk to the Solicitor General or officer acting in
CHAPTER VII his stead, in order that he may, if he deems it advisable for the interests of
JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES the Government, investigate all of the facts alleged in the application or
otherwise brought to his attention. The Solicitor-General shall return
such papers to the clerk as soon as practicable within three months.
Sec. 47. The persons specified in the next following section are hereby
The final decree of the court shall in every case be the basis for the
granted time, not to extend beyond December 31, 1987 within which to
original certificate of title in favor of the person entitled to the property
take advantage of the benefit of this chapter: Provided, That this
under the procedure prescribed in section forty-one of the Land
extension shall apply only where the area applied for does not exceed 144
Registration Act.
hectares. Provided, further, That the several periods of time designated
Sec. 52. In cadastral proceedings, instead of an application, an answer or
by the President in accordance with section forty-five of this Act shall
claim may be filed with the same effect as in the procedure provided in
apply also to the lands comprised in the provisions of this chapter, but
the last preceding two sections.
this section shall not be construed as prohibiting any of said persons from
Sec. 53. It shall be lawful for the Director of Lands, whenever in the
acting under this chapter at any time prior to the period fixed by the
opinion of the President the public interests shall require it, to cause to be
President.
filed in the proper Court of First Instance, through the Solicitor-General
Sec. 48. The following-described citizens of the Philippines, occupying
or the officer acting in his stead, a petition against the holder, claimant,
lands of the public domain or claiming to own any such lands or an
possessor, or occupant of any land who shall not have voluntarily come in
interest therein, but whose titles have not been perfected or completed,
under the provisions of this chapter or of the Land Registration Act,
may apply to the Court of First Instance of the province where the land is
stating in substance that the title of such holder, claimant, possessor, or
located for confirmation of their claims and the issuance of a certificate of
occupant is open to discussion; or that the boundaries of any such land
title therefor, under the Land Registration Act , to wit:
which has not been brought into court as aforesaid are open to question;
(a) Those who prior to the transfer of sovereignty from Spain to the prior
or that it is advisable that the title to such lands be settled and
United States have applied for the purchase, composition or other form of
adjudicated, and praying that the title to any such land or the boundaries
grant of lands of the public domain under the laws and royal decrees then
thereof or the right to occupancy thereof be settled and adjudicated. The
in force and have instituted and prosecuted the proceedings in
judicial proceedings under this section shall be in accordance with the
connection therewith, but have with or without default upon their part,
laws on adjudication of title in cadastral proceedings.
or for any other cause, not received title therefor, if such applicants or
Sec. 54. If in the hearing of any application arising under this chapter the
grantees and their heirs have occupied and cultivated said lands
court shall find that more than one person or claimant has an interest in
continuously since the filing of their applications.
the land, such conflicting interests shall be adjudicated by the court and
(b) Those who by themselves or through their predecessors in interest
decree awarded in favor of the person or persons entitled to the land
have been in open, continuous, exclusive, and notorious possession and
according to the laws, but if none of said person is entitled to the land, or
occupation of agricultural lands of the public domain, under a bona fide
if the person who might be entitled to the same lacks the qualifications
claim of acquisition or ownership, for at least thirty years immediately
required by this Act for acquiring agricultural land of the public domain,
preceding the filing of the application for confirmation of title except
the decision shall be in favor of the Government.
when prevented by war or force majeure. These shall be conclusively
Sec. 55. Whenever, in any proceedings under this chapter to secure
presumed to have performed all the conditions essential to a Government
registration of an incomplete or imperfect claim of title initiated prior to
grant and shall be entitled to a certificate of title under the provisions of
the transfer of sovereignty from Spain to the United States, it shall appear
this chapter.
that had such claims been prosecuted to completion under the laws
(c) Members of the national cultural minorities who by themselves or
prevailing when instituted, and under the conditions of the grant then
through their predecessors-in-interest have been in open, continuous,
contemplated, the conveyance of such land to the applicant would not
exclusive and notorious possession and occupation of lands of the public
have been gratuitous, but would have involved payment therefor to the
domain suitable to agriculture, whether disposable or not, under a bona
Government, then and in that event the court shall, after decreeing in
fide claim of ownership for at least 30 years shall be entitled to the rights
whom title should vest, further determine the amount to be paid as a
granted in sub-section (b) hereof.
condition for the registration of the land. Such judgment shall be certified
Sec. 49. No person claiming title to lands of the public domain not
to the Director of Lands by the clerk of the court for collection of the
possession of the qualifications specified in the last preceding section
amount due from the person entitled to conveyance.
may apply for the benefits of this chapter.
Upon payment to the Director of Lands of the price specified in the
Sec. 50. Any person or persons, or their legal representatives or
judgment, he shall so certify to the proper Court of First Instance and said
successors in right, claiming any lands or interest in lands under the
court shall forthwith order the registration of the land in favor of the
provisions of this chapter, must in every case present an application to
competent person entitled thereto. If said person shall fail to pay the
the proper Court of First Instance, praying that the validity of the alleged
amount of money required by the decree within a reasonable time fixed
in the same, the court shall order the proceeding to stand dismissed and may be, the lots or blocks specified in the advertisement, for the purpose
the title to the land shall then be in the State free from any claim of the stated in the notice and subject to the conditions specified in this chapter.
applicant. Sec. 64. The leases executed under this chapter by the Secretary of
Sec. 56. Whenever any judgment of confirmation or other decree of the Agriculture and Commerce shall, among other conditions, contain the
court under this chapter shall become final, the clerk of the court following:
concerned shall certify that fact to the Director of Lands, with a certified (a) The rental shall not be less than three per centum of the appraised or
copy of the decree of confirmation or judgment of the court and the plan reappraised value of the land plus one per centum of the appraised or
and technical description of the land involved in the decree or judgment reappraised value of the improvements, except for lands reclaimed by the
of the court. Government which shall not be less than four per centum of the
Sec. 57. No title or right to, or equity in, any lands of the public domain appraised or reappraised value of the land plus two per centum of the
may hereafter be acquired by prescription or by adverse possession or appraised or reappraised value of the improvements thereon: Provided,
occupancy, or under or by virtue of any law in effect prior to American That twenty-five per centum of the total annual rental on all lands
occupation, except as expressly provided by laws enacted after said reclaimed prior to the approval of this Act and one per centum of the
occupation of the Philippines by the United States. appraised or reappraised value of improvements shall accrue to the
construction and improvement portion of the Portworks Fund: And
TITLE III provided, further, That the annual rental on lands reclaimed using the
LANDS FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PURPOSES Portworks Fund together with the fee due on account of the improvement
AND OTHER SIMILAR PURPOSES thereon after the effectivity of this Act shall all accrue to the construction
CHAPTER VIII and improvement portion of the Portworks Fund.
CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE FOR (b) The land rented and the improvements thereon shall be reappraised
RESIDENCE, COMMERCE AND INDUSTRY every ten years if the term of the lease is in excess of that period.
(c) The term of the lease shall be as prescribed by section thirty-eight of
this Act.
Sec. 58. Any tract of land of the public domain which, being neither
(d) The lessee shall construct permanent improvements appropriate for
timber nor mineral land, is intended to be used for residential purposes
the purpose for which the lease is granted, shall commence the
or for commercial, industrial, or other productive purposes other than
construction thereof within six months from the date of the award of the
agricultural, and is open to disposition or concession, shall be disposed of
right to lease the land, and shall complete the said construction within
under the provisions of this chapter and not otherwise.
eighteen months from said date.
Sec. 59. The lands disposable under this title shall be classified as follows:
(e) At the expiration of the lease or of any extension of the same, all
(a) Lands reclaimed by the Government by dredging, filing, or other
improvements made by the lessee, his heirs, executors, administrators,
means;
successors, or assigns shall become the property of the Government.
(b) Foreshore;
(f) The regulation of all rates and fees charged to the public; and the
(c) Marshy lands or lands covered with water bordering upon the shores
annual submission to the Government for approval of all tariffs of such
or banks of navigable lakes or rivers;
rates and fees.
(d) Lands not included in any of the foregoing classes.
(g) The continuance of the easements of the coast police and other
Sec. 60. Any tract of land comprised under this title may be leased or
easements reserved by existing law or by any laws hereafter enacted.
sold, as the case may be, to any person, corporation, or association
(h) Subjection to all easements and other rights acquired by the owners
authorized to purchase or lease public lands for agricultural purposes.
of lands bordering upon the foreshore or marshy land.
The area of the land so leased or sold shall be such as shall, in the
The violation of one or any of the conditions specified in the contract shall
judgment of the Secretary of Agriculture and Natural Resources, be
give rise to the rescission of said contract. The Secretary of Agriculture
reasonably necessary for the purposes for which such sale or lease is
and Commerce may, however, subject to such conditions as he may
requested, and shall in no case exceed one hundred and forty-four
prescribe, waive the rescission arising from a violation of the conditions
hectares: Provided, however, That this limitation shall not apply to
of subsection (d), or extend the time within which the construction of the
grants, donations, transfers made to a province, municipality or branch or
improvements shall be commenced and completed.
subdivision of the Government for the purposes deemed by said entities
Sec. 65. The sale of the lands comprised in classes (c) and (d) of section
conducive to the public interest; but the land so granted donated, or
fifty-nine shall, among others, comprise the following conditions:
transferred to a province, municipality, or branch or subdivision of the
(a) The purchaser shall make improvements of a permanent character
Government shall not be alienated, encumbered, or otherwise disposed of
appropriate for the purpose for which the land is purchased, shall
in a manner affecting its title, except when authorized by Congress:
commence work thereon within six months from the receipt of the order
Provided, further, That any person, corporation, association or
of award, and shall complete the construction of said improvements
partnership disqualified from purchasing public land for agricultural
within eighteen months from the date of such award; otherwise the
purposes under the provisions of this Act, may lease land included under
Secretary of Agriculture and Natural Resources may rescind the contract.
this title suitable for industrial or residential purposes, but the lease
(b) The purchase price shall be paid in cash or in equal annual
granted shall only-be valid while such land is used for the purposes
installments, not to exceed ten.
referred to.
The contract of sale may contain other conditions not inconsistent with
Sec. 61. The lands comprised in classes (a), (b), and (c) of section fifty-
the provisions of this Act.
nine shall be disposed of to private parties by lease only and not
Sec. 66. The kind of improvements to be made by the lessee or the
otherwise, as soon as the President, upon recommendation by the
purchaser, and the plans thereof, shall be subject to the approval of the
Secretary of Agriculture and Commerce shall declare that the same are
Secretary of Public Works and Communications, in case they are
not necessary for the public service and are open to disposition under
constructions or improvements which if by the Government, would
this chapter. The lands included in class (d) may be disposed of by sale or
properly have to be executed under the supervision of the Bureau of
lease under the provisions of this Act.
Public Works.
Sec. 62. The lands reclaimed by the Government by dredging, filling or
Sec. 67. The lease or sale shall be made through oral bidding; and
otherwise shall be surveyed and may, with the approval of the Secretary
adjudication shall be made to the highest bidder. However, where an
of Agriculture and Commerce, be divided by the Director of Lands into
applicant has made improvements on the land by virtue of a permit
lots and blocks, with the necessary streets and alley-ways between them,
issued to him by competent authority, the sale or lease shall be made by
and said Director shall give notice to the public by publication in the
sealed bidding as prescribed in section twenty-six of this Act, the
Official Gazette or by other means, that the lots or blocks not needed for
provisions of which shall be applied wherever applicable. If all or part of
public purposes shall be leased for commercial or industrial or other
the lots remain unleased or unsold, the Director of Lands shall from time
similar purposes.
to time announce in the Official Gazette or in any other newspapers of
Sec. 63. Whenever it is decided that lands covered by this chapter are not
general circulation, the lease or sale of those lots, if necessary
needed for public purposes, the Director of Lands shall ask the Secretary
Sec. 68. The Secretary of Agricultural and Commerce may grant to
of Agriculture and Commerce for authority to dispose of the same. Upon
qualified persons temporary permission, upon payment of a reasonable
receipt of such authority, the Director of Lands shall give notice by public
charge, for the use of any portion of the lands covered by this chapter for
advertisement in the same manner as in the case of leases or sales of
any lawful private purpose, subject to revocation at any time when, in his
agricultural public land, that the Government will lease or sell, as the case
judgment, the public interest shall require it.
The plat prepared by the Director of Lands shall be submitted to the
TITLE IV Secretary of Agriculture and Commerce for consideration, modification,
LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR amendment, or approval.
PURPOSES Sec. 75. Unless the necessary reservations are made in the proclamation
CHAPTER IX of the President, the Director of Lands, with the approval of the Secretary
CONCESSION OF LANDS FOR EDUCATIONAL, CHARITABLE, AND of Agriculture and Commerce, shall reserve out of the land by him to be
OTHER SIMILAR PURPOSES subdivided lots of sufficient size and convenient situation for public use,
as well as the necessary avenues, streets, alleyways, parks, and squares.
The avenues, streets, alleys, parks, plazas, and lots shall be laid out on the
Sec. 69. Whenever any province, municipality, or other branch or
plat as though the lands owned or claimed by private persons were part
subdivision of the Government shall need any portion of the land of the
of the public domain and part of the reservation, with a view to the
public domain open to concession for educational, charitable or other
possible subsequent purchase or condemnation thereof, if deemed
similar purposes, the President, upon recommendation by the Secretary
necessary by the proper authorities.
of Agriculture and Commerce, may execute contracts in favor of the same.
Sec.76. At any time after the subdivision has been made, the President
in the form of donation, sale, lease, exchange, or any other form, under
may, in case the public interest requires it, reserve for public purposes
terms and conditions to be inserted in the contract; but land so granted
any lot or lots of the land so reserved and not disposed of.
shall in no case be encumbered or alienated, except when the public
Sec. 77. If, in order to carry out the provisions of this chapter, it shall be
service requires their being leased or exchanged, with the approval of the
necessary to condemn private lands within the limits of the new town, the
President, for other lands belonging to private parties, or if the National
President shall direct the Solicitor-General or officer acting in his stead to
Assembly disposes otherwise.
at once begin proceedings for condemnation, in accordance with the
Sec. 70. Any tract of public land of the class covered by this title may be
provisions of existing law.
sold or leased for the purpose of founding a cemetery, church, college,
Sec. 78. When the plat of subdivision has been finally approved by the
school, university, or other institutions for educational, charitable or
Secretary of Agriculture and Commerce, the Director of Lands shall
philanthropical purposes or scientific research, the area to be such as
record the same in the records of his office and shall forward a certified
may actually and reasonably be necessary to carry out such purpose, but
copy of such record to the register of deeds of the province in which the
not to exceed ninety-six hectares in any case. The sale or lease shall be
land lies, to be by such register recorded in the records of his office
made subject to the same conditions as required for the sale and lease of
Sec. 79. All lots, except those claimed by or belonging to private parties
agricultural public land, but the Secretary of Agriculture and Commerce
and those reserved for parks, buildings, and other public uses, shall be
may waive the conditions requiring cultivation. The Secretary of
sold, after due notice, at public auction to the highest bidder, after the
Agriculture and Commerce, if conveyance he sees fit, may order the sale
approval and recording of the plat of subdivision as above provided, but
to be made without public auction, at a price to be fixed by said Secretary,
no bid shall be accepted that does not equal at least two-thirds of the
or the lease to be granted without auction, at a rental to be fixed by him.
appraised value, nor shall bids be accepted from persons, corporations,
In either case it shall be a condition that the purchaser or lessee or their
associations, or partnerships not authorized to purchase public lands for
successors or assigns shall not sell transfer, encumber or lease the land
commercial, residential or industrial purposes under the provisions of
for the purposes of speculation or use it for any purpose other than that
this Act. The provisions of sections twenty-six and sixty-five of this Act
contemplated in the application, and that the violation of this condition
shall be observed in so far as they are applicable. Lots for which
shall give rise to the immediate rescission of the sale or lease, as the case
satisfactory bids have not been received shall be again offered for sale,
may be, and to the forfeiture to the Government of all existing
under the same conditions as the first time, and if they then remain
improvements: Provided, That it shall in no case be sublet, encumbered
unsold, the Director of Lands shall be authorized to sell them at private
or resold under the conditions above set forth except with the approval of
sale for not less than two-thirds of their appraised value.
the Secretary of Agriculture and Commerce.
Sec. 80. All funds derived from the sale of lots shall be covered into the
Philippine Treasury as part of the general funds.
TITLE V
Sec. 81. Not more than two residence lots and two lots for commercial
RESERVATIONS
and industrial uses in any one town site shall be sold to any one person,
CHAPTER X
corporation, or association without the specific approval of the Secretary
TOWN SITE RESERVATIONS
of Agriculture and Commerce.
Sec. 82. The Assembly shall have the power at any time to modify, alter,
Sec. 71. Whenever it shall be considered to be in the public interest to rescind, repeal, annul, and cancel, with or without conditions, limitation,
found a new town. The Secretary of Agriculture and Commerce shall exceptions, or reservations, all and any dispositions made by the
direct the Director of Lands to have a survey made by his Bureau of the executive branch of the Philippine Government by virtue of this chapter,
exterior boundaries of the site on which such town is to be established, and the exercise of this power shall be understood as reserved in all
and upon the completion of the survey he shall send the same to said cases, as an inherent condition thereof.
Secretary, with his recommendations.
Sec. 72. The Secretary of Agriculture and Commerce, if he approves the CHAPTER XI
recommendations of the Director of Lands, shall submit the matter to the RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES
President to the end that the latter may issue a proclamation reserving
the land surveyed, or such part thereof as he may deem proper, as a town
Sec. 83. Upon the recommendation of the Secretary of Agriculture and
site, and a certified copy of such proclamation shall be sent to the
Commerce, the President may designate by proclamation any tract or
Director of Lands and another to the register of deeds of the province in
tracts of land of the public domain as reservations for the use of the
which the surveyed land lies.
Commonwealth of the Philippines or of any of its branches, or of the
Sec. 73. It shall then be the duty of the Director of Lands, after having
inhabitants thereof, in accordance with regulations prescribed for this
recorded the proclamation of the President and the survey accompanying
purpose, or for quasi-public uses or purposes when the public interest
the same, and having completed the legal proceedings prescribed in
requires it, including reservations for highways, rights of way for
chapter thirteen of this Act, to direct a subdivision in accordance with the
railroads, hydraulic power sites, irrigation systems, communal pastures
instructions of the Secretary of Agriculture and Commerce, if there shall
or leguas comunales, public parks, public quarries, public fishponds,
be such instructions, and if there shall not be any, then in the manner
workingmen’s village and other improvements for the public benefit.
which may to the Director of Lands seem best adapted to the convenience
Sec. 84. Upon recommendation of the Secretary of Agriculture and
and interest of the public and the residents of the future town.
Commerce, the President, may by proclamation, designate any tract or
Sec. 74. The plat of the subdivision shall designate certain lots for
tracts of the public domain for the exclusive use of the non-Christian
commercial and industrial uses and the remainder as residence lots, and
Filipinos, including in the reservation, in so far as practicable, the lands
shall also reserve and note the lots owned by private individuals as
used or possessed by them, and granting to each member not already the
evidenced by record titles, or possessed or claimed by them as private
owner, by title or gratuitous patent, of four or more hectares of land, the
property. Such lots, whether public or private, shall be numbered upon a
use and benefit only of a tract of land not to exceed four hectares for each
general plan or system.
male member over eighteen years of age or the head of a family. As soon
as the Secretary of the Interior shall certify that the majority of the non-
Christian inhabitants of any given reservation have advanced sufficiently
in civilization, then the President may order that the lands of the public responsible officer, giving the names of the stockholders or members,
domain within such reservation be granted under the general provisions their citizenship, and the number of shares subscribed by each.
of this Act to the said inhabitants, and the subdivision and distribution of (b) That the applicant has all the qualifications required by this Act in the
said lands as above provided shall be taken into consideration in the final case.
disposition of the same. But any non-Christian inhabitant may at any time (c) That he has none of the disqualifications mentioned herein.
apply for the general benefits of this Act provided the Secretary of (d) That the application is made in good faith, for the actual purpose of
Agriculture and Commerce is satisfied that such inhabitant is qualified to using the land for the object specified in the application and for no other
take advantage of the provisions of the same: Provided, That all grants, purpose, and that the land is suitable for the purpose to which it is to be
deeds, patents and other instruments of conveyance of land or purporting devoted.
to convey or transfer rights of property, privileges, or easements (e) That the application is made for the exclusive benefit of the
appertaining to or growing out of lands, granted by sultans, datus, or application and not, either directly or indirectly, for the benefit of any
other chiefs of the so-called non-Christian tribes, without the authority of other person or persons, corporation, association, or partnership.
the Spanish Government while the Philippines were under the (f) As accurate a description of the land as may be given, stating its nature
sovereignty of Spain, or without the consent of the United States the province, municipality, barrio, and sitio where it is located, and its
Government or of the Philippine Government since the sovereignty over limits and boundaries, specifying those having reference to accidents of
the Archipelago was transferred from Spain to the United States, and all the ground or permanent monuments, if any.
deeds and other documents executed or issued or based upon the deeds, (g) Whether all or part of the land is occupied or cultivated or improved,
patents, and documents mentioned, are hereby declared to be illegal, and by whom, giving his post-office address, and whether the land has
void, and of no effect. been occupied or cultivated or improved by the applicant or his
Sec. 85. Upon recommendation by the Secretary of Agriculture and ascendant, the name of the ascendant, the relationship with him, the date
Commerce, the President may, by proclamation designate any tract or and place of the death of the ascendant, the date when the possession and
tracts of land of the public domain for the establishment of agricultural cultivation began, and description of the improvements made,
colonies; and although the disposition of the lands to the colonists shall accompanying satisfactory evidence of the relationship of the applicant
be made under the provisions of this Act, yet, while the Government shall with the ascendant, and of the death of the latter and the descendants left
have the supervision and management of said colonies, the Secretary of by him, in case it is alleged that he occupied and cultivated the land first;
Agriculture and Commerce may make the necessary rules and regulations or whether there are indications of its having been occupied, cultivated,
for the organization and internal administration of the same. The or improved entirely or partially, and if so, in what such indications
Secretary of Agriculture and Commerce may also, under conditions to be consist, whether he has made investigations as to when and by whom
established by the Assembly, turn over a colony so reserved to any such improvements were made, and if so, how such investigations were
person or corporation, in order that such person or corporation may made and what was the result thereof; or whether the land is not
clear, break, and prepare for cultivation the lands of said colony and occupied, improved, or cultivated either entirely or partially, and there
establish the necessary irrigation system and suitable roads and fences; are no indications of it having ever been occupied, improved, or
but final disposition shall be made of the land in accordance with the cultivated, and in this case, what is the condition of the land.
provisions of this Act, subject, however, to such conditions as the National (h) That the land applied for is neither timber nor mineral land and does
Assembly may establish for the reimbursement of the expense incurred in not contain guano or deposits of salts or coal.
putting such lands in condition for cultivation: Provided, That the (i) That the applicant agrees that a strip forty meters wide starting from
National Assembly may direct that such land so prepared for cultivation the bank on each side of any river or stream that may be found on the
may be disposed of only by sale or lease. land applied for, shall be demarcated and preserved as permanent
timberland to be planted exclusively to trees of known economic value,
CHAPTER XII and that he shall not make any clearing thereon or utilize the same for
PROVISIONS COMMON TO RESERVATIONS ordinary farming purposes even after patent shall have been issued to
him or a contract of lease shall have been executed in his favor. 68
Sec. 91. The statements made in the application shall be considered as
Sec. 86. A certified copy of every proclamation of the President issued
essential conditions and parts of any concession, title, or permit issued on
under the provisions of this title shall be forwarded to the Director of
the basis of such application, and any false statements therein or
Lands for record in his office, and a copy of this record shall be forwarded
omission of facts altering, changing, or modifying the consideration of the
to the register of deeds of the province or city where the land lies. Upon
facts set forth in such statements, and any subsequent modification,
receipt of such certified copy, the Director of Lands shall order the
alteration, or change of the material facts set forth in the application shall
immediate survey of the proposed reservation if the land has not yet been
ipso facto produce the cancellation of the concession, title, or permit
surveyed, and as soon as the plat has been completed, he shall proceed in
granted. It shall be the duty of the Director of Lands, from time to time
accordance with the next following section.
and whenever he may deem it advisable, to make the necessary
Sec. 87. If all the lands included in the proclamation of the President are
investigations for the purpose of ascertaining whether the material facts
not registered under the Land Registration Act, the Solicitor-General, if
set out in the application are true, or whether they continue to exist and
requested to do so by the Secretary of Agriculture and Commerce, shall
are maintained and preserved in good faith, and for the purposes of such
proceed in accordance with the provision of section fifty-three of this Act.
investigation, the Director of Lands is hereby empowered to issue
Sec. 88. The tract or tracts of land reserved under the provisions of
subpoenas and subpoenas duces tecum and, if necessary, to obtain
section eighty-three shall be non-alienable and shall not be subject to
compulsory process from the courts. In every investigation made in
occupation, entry, sale, lease, or other disposition until again declared
accordance with this section, the existence of bad faith, fraud,
alienable under the provisions of this Act or by proclamation of the
concealment, or fraudulent and illegal modification of essential facts shall
President.
be presumed if the grantee or possessor of the land shall refuse or fail to
obey a subpoena or subpoena duces tecum lawfully issued by the
TITLE VI
Director of Lands or his authorized delegates or agents, or shall refuse or
GENERAL PROVISIONS
fail to give direct and specific answers to pertinent questions, and on the
CHAPTER XIII
basis of such presumption, an order of cancellation may issue without
APPLICATIONS: PROCEDURE, CONCESSION OF LANDS, AND LEGAL
further proceedings.
RESTRICTIONS AND ENCUMBRANCES
Sec. 92. Although the maximum area of public land that may be acquired
is fixed, yet the spirit of this Act is that the rule which must determine the
Sec. 89. All applications filed under the provisions of this Act shall be real area to be granted is the beneficial use of the land. The concession or
addressed to the Director of Lands. disposition shall be for less than the maximum area authorized if, at the
Sec. 90. Every application under the provisions of this Act shall be made time of the issuance of the patent or of the concession or disposition, it
under oath and shall set forth: shall appear that the applicant is utilizing and is only able to utilize a
(a) The full name of applicant, his age, place of birth, citizenship, civil smaller area, even though the application is for a greater area. For the
status, and post-office address. In case the applicant is a corporation, purposes of this section, the Director of Lands is authorized to determine
association or co-partnership, the application shall be accompanied with the area that may be granted to the applicant, and to deny or cancel or
a certified copy of its articles of incorporation, association or co- limit any application for concession, purchase, or lease if convinced of the
partnership together with an affidavit of its President, manager, or other
lack of means of the applicant for using the land for the purpose for which of the municipality in which the land lies, or before the judge or clerk of
he has requested it. the Court of First Instance of the province in which the land lies, or before
Sec. 93. Lands applied for under this Act shall conform to the legal any justice of the peace or chargeable notary public of the province in
subdivisions and shall be contiguous if comprising more than one which the land lies, or before any officer or employee of the Bureau of
subdivision. If subdivisions have not been made on the date of the Lands authorized by law to administer oaths.
application, the lands shall be rectangular in form so far as practicable, The fees for the taking of final evidence before any of the officials herein-
but it shall be endeavored to make them conform to the legal subdivision before mentioned shall be as follows:
as soon as the same has been made, provided the interests of the For each affidavit, fifty centavos.
applicant or grantee are protected; and the subdivision assigned to the For each deposition of the applicant or the witness, fifty centavos.
applicant or grantee shall, so far as practicable, include the land improved Sec. 104. Any owner of uncultivated agricultural land who knowingly
or cultivated. The regulations to be issued for the execution of the permits application for the same to be made to the Government and the
provisions of this section shall take into account the legal subdivision to land to be tilled and improved by a bona fide grantee without protesting
be made by the Government and the inadvisability of granting the best to the Bureau of Lands within one year after cultivation has begun, shall
land at a given place to only one person. lose all to the part of the land so cultivated and improved, unless he shall
Sec. 94. In case the legal subdivisions have already been made at the time bring action in the proper court before such action for recovery
of the filing of the application, no charge shall be made for the survey; but prescribes and obtains favorable judgment therein, in which case the
if the legal subdivisions have not yet been made, the cost of the survey court shall, upon its decision becoming final, order the payment to the
shall be charged to the Government, except in the following cases: grantee, within a reasonable period, of the indemnity fixed by said court
(a) In purchases under chapters five and ten of this Act, the cost of the for the cultivation and improvement.
survey shall be charged to the purchaser if the same is a corporation, Sec. 105. If at any time the applicant or grantee shall die before the
association, or partnership; in other purchases the purchases, whoever it issuance of the patent or the final grant of the land, or during the life of
be, shall pay the total cost of the survey. the lease, or while the applicant or grantee still has obligations pending
(b) In leases, the cost of the survey shall be paid by the lessee; but at any towards the Government, in accordance with this Act, he shall be
time after the first five years from the approval of the lease, and during succeeded in his rights and obligations with respect to the land applied
Cost of the life of the same, the lessee shall be entitled to the for or granted or leased under this Act by his heirs in law, who shall be
reimbursement of one-half of the cost of the survey, if he shows to the entitled to have issued to them the patent or final concession if they show
satisfaction of the Director of Lands that he has occupied and improved a that they have complied with the requirements therefor, and who shall be
sufficient area of the land or incurred sufficient expenses in connection subrogated in all his rights and obligations for the purposes of this Act.
therewith to warrant such reimbursement. Sec. 106. If at any time after the approval of the application and before
Section95. If before the delimitation and survey of a tract of public land the issuance of a patent or the final concession of the land, or during the
the President shall declare the same disposable or alienable and such life of the lease, or at any time when the applicant or grantee still has
land shall be actually occupied by a person other than the applicant, the obligations pending with the Government, in accordance with this Act, it
Director of Lands shall inform the occupant of his prior right to apply for appears that the land applied for is necessary, in the public interest, for
the land and shall give him one hundred and twenty days time in which to the protection of any source of water or for any work for the public
file the application or apply for the concession by any of the forms of benefit that the Government wishes to undertake, the Secretary of
disposition authorized by this Act, if such occupant is qualified to acquire Agriculture and Commerce may order the cancellation of the application
a concession under this Act. or the non issuance of the patent or concession or the exclusion from the
Sec. 96. As soon as any land of the public domain has been surveyed, land applied for of such portion as may be required, upon payment of the
delimited, and classified, the President may, in the order issued by him value of the improvements, if any.
declaring it open for disposition, designate a term within which Sec. 107. All patents or certificates for land granted under this Act shall
occupants with improvements but not entitled to free patents may apply be prepared in the Bureau of Lands and shall be issued in the name of the
for the land occupied by them, if they have the qualifications required by Government of the Republic of the Philippines under the signature of the
this Act. President of the Philippines: Provided, however, That the President of the
Sec. 97. If in the case of the two last preceding sections, the occupant or Philippines may delegate to the Secretary of Agriculture and Natural
occupants have not made application under any of the provisions of this Resources 74 and/or the Under secretary for Natural Resources 74 the
Act at the expiration of the time limit fixed, they shall lose any prior right power to sign patents or certificates covering lands not exceeding one
to the land recognized by this Act, and the improvements on the land, if hundred forty-four hectares in area, and to the Secretary of Agriculture
any, shall be forfeited to the Government. and Natural Resources 75 the power to sign patents or certificates
Sec. 98. All rights in and interest to, and the improvements and crops covering lands exceeding one hundred forty-four hectares in area:
upon, land for which an application has been denied or canceled or a Provided, further, That District Land Officers in every province are
patent or grant refused, or a contract or concession rescinded or hereby empowered to sign patents or certificates covering lands not
annulled, shall also be forfeited to the Government. exceeding five hectares in area when the office of the District Land Officer
Sec. 99. The Secretary of Agriculture and Commerce may order such is properly equipped to carry out the purposes of this Act: Provided, That
improvements and crops to be appraised separately, for sale to the new no applicant shall be permitted to split the area applied for by him in
applicant or grantee, or may declare such land open only to sale or lease. excess of the area fixed in this section among his relatives within the sixth
Sec. 100. In case the cancellation is due to delinquency on the part of the degree of consanguinity or affinity excepting the applicant’s married
applicant or grantee, the same shall be entitled to the reimbursement of children who are actually occupying the land: Provided, finally, That
the proceeds of the sale of the improvements and crops, after deducting copies of said patents issued shall be furnished to the Bureau of Lands for
the total amount of his indebtedness to the Government and the expense record purposes. No patent or certificate shall be issued by the District
incurred by it in the sale of the improvements or crops and in the new Land Officer unless the survey of the land covered by such patent or
concession of the land. certificate, whether made by the Bureau of Lands or by a private
Sec. 101. All actions for the reversion to the Government of lands of the surveyor, has been approved by the Director of Lands. The Director of
public domain or improvements thereon shall be instituted by the Lands shall promptly act upon all surveys submitted to him for approval
Solicitor-General or the officer acting in his stead, in the proper courts, in and return the same to the District Land Officer within ninety days after
the name of the Commonwealth of the Philippines. receipt of such surveys by his office. In case of disapproval, the Director of
Sec. 102. Any person, corporation, or association may file an objection Lands shall state the reasons therefor. Any person aggrieved by the
under oath to any application or concession under this Act, grounded on decision or action of the District Land Officer may, within thirty days from
any reason sufficient under this Act for the denial or cancellation of the receipt of the copy of the said decision, appeal to the Director of Lands.
application or the denial of the patent or grant. If, after the applicant or Such patents or certificates shall be effective only for the purposes
grantee has been given suitable opportunity to be duly heard, the defined in Section one hundred and twenty-two of the land Registration
objection is found to be well founded, the Director of Lands shall deny or Act, and actual conveyance of the land shall be effected only as provided
cancel the application or deny patent or grant, and the person objecting in said section.
shall, if qualified, be granted a prior right of entry for a term of sixty days All surveys pending approval by the Director of Lands at the time this Act
from the date of the notice. takes effect shall be acted upon by him within ninety days from the
Sec. 103. All the proofs, affidavits, and oaths of any kind required or effectivity of this Act.
necessary under this Act may be made before the justice of the peace 71
Section108. No patent shall issue nor shall any concession or contract be been filed, or the concession has been approved, or the contract has been
finally approved unless the land has been surveyed and an accurate plat signed, as the case may be, on the basis of the value fixed in such filing,
made thereof by the Bureau of Lands. approval or signing of the application, concession or contract.
Sec. 109. In no case shall any land be granted under the provisions of this Sec. 116. The appraisal or reappraisal of the lands or improvements
Act when this affects injuriously the use of any adjacent land or of the subject to concession or disposition under this Act shall be made by the
waters, rivers, creeks, foreshore, roads, or roadsteads, or vest the grantee Director of Lands, with the approval of the Secretary of Agriculture and
with other valuable rights that may be detrimental to the public interest. Commerce. The Director of Lands may request the assistance of the
Sec. 110. Patents or certificates issued under the provisions of this Act provincial treasurer of the province in which the land lies or may appoint
shall not include nor convey the title to any gold, silver, copper, iron, or a committee for such purpose in the province or in the municipality in
other metals or minerals, or other substances containing minerals, guano, which the land lies. In no case shall the appraisal or reappraisal be less
gums, precious stones, coal, or coal oil contained in lands granted than the expense incurred or which may be incurred by the Government
thereunder. These shall remain to be property of the State. in connection with the application or concession, nor shall any
Sec. 111. All persons receiving title to lands under the provisions of this reappraisal be made with an increase of more than one hundred per
Act shall hold such lands subject to the provisions hereof and to the same centum upon the appraisal or reappraisal next preceding.
public servitudes as exist upon lands owned by private persons, including Sec.117. All sums due and payable to the Government under this Act,
those with reference to the littoral of the sea and the banks of navigable except homestead fees, shall draw simple interest at the rate of four per
rivers or rivers upon which rafting may be done. centum per annum from and after the date in which the debtor shall
Sec. 112. Said land shall further be subject to a right-of-way not become delinquent.
exceeding sixty (60) meters in width for public highways, railroads, Sec. 118. Except in favor of the Government or any of its branches, units,
irrigation ditches, aqueducts, telegraph and telephone lines and similar or institutions, lands acquired under free patent or homestead provisions
works as the Government or any public or quasi-public service or shall not be subject to encumbrance or alienation from the date of the
enterprise, including mining or forest concessionaires, may reasonably approval of the application and for a term of five years from and after the
require for carrying on their business, with damages for the date of issuance of the patent or grant, nor shall they become liable to the
improvements only. 77 satisfaction of any debt contracted prior to the expiration of said period,
Sec. 113. The beneficial use of water shall be the basis, the measure, and but the improvements or crops on the land may be mortgaged or pledged
the limit of all rights thereto, and the patents herein granted shall be to qualified persons, associations, or corporations.
subject to the right of the Government to make such rules and regulations No alienation, transfer, or conveyance of any homestead after five years
for the use of water and the protection of the water supply, and for other and before twenty-five years after issuance of title shall be valid without
public purposes, as it may deem best for the public good. Whenever, by the approval of the Secretary of Agriculture and Commerce, which
priority of possession, rights to the use of water for mining, agricultural, approval shall not be denied except on constitutional and legal grounds.
manufacturing, or other purposes have vested and accrued, and the same Sec. 119. Every conveyance of land acquired under the free patent or
are recognized and acknowledged by the local customs, or by the laws homestead provisions, when proper, shall be subject to repurchase by the
and decisions of the courts, the possessors and owners of such vested applicant, his widow, or legal heirs, within a period of five years from the
rights shall be maintained and protected in the same, and all patents date of the conveyance.
granted under this Act shall be subject to any vested and accrued rights to Sec. 120. Conveyance and encumbrance made by persons belonging to
ditches and reservoirs used in connection with such water rights as may the so-called “non-Christian Filipinos” or national cultural minorities,
have been acquired in the manner above described prior to April eleven, when proper, shall be valid if the person making the conveyance or
eighteen hundred and ninety-nine. encumbrance is able to read and can understand the language in which
Sec. 114. There is hereby reserved from the operation of all patents, the instrument or conveyance or encumbrances is written. Conveyances
certificates, entries, and grants by the Government authorized under this and encumbrances made by illiterate non-Christian or literate non-
Act the right to use for the purposes of power any flow of water in any Christians where the instrument of conveyance or encumbrance is in a
stream running through or by the land granted, the convertible power language not understood by the said literate non-Christians shall not be
from which at ordinary low water exceeds fifty horse power. Where the valid unless duly approved by the Chairman of the Commission on
convertible power in any stream running through or by land granted National Integration.
under the authority of this Act thus exceeds fifty horsepower, and there is Sec. 121. Except with the consent of the grantee and the approval of the
no means of using such power except by the occupation of a part of the Secretary of Natural Resources, and solely for commercial, industrial,
land granted under authority of this Act, then so much land as is educational, religious or charitable purposes or for a right of way, no
reasonably necessary for the mill site or site for the power house, and for corporation, association, or partnership may acquire or have any right,
a suitable dam and site for massing the water, is hereby excepted from title, interest, or property right whatsoever to any land granted under the
such grants, not exceeding four hectares, and a right of way to the nearest free patent, homestead, or individual sale provisions of this Act or to any
public highway from the land thus excepted, and also a right of way for permanent improvement on such land.
the construction and maintenance of such flumes, aqueducts, wires, poles, The provisions of Section 124 of this Act to the contrary notwithstanding,
or order conduits as may be needed in conveying the water to the point any acquisition of such land, rights thereto or improvements thereon by a
where its fall will yield the greatest power, or the power from the point of corporation, association, or partnership prior to the promulgation of this
conversion to the point of use, is reserved as a servitude or easement Decree for the purposes herein stated is deemed valid and binding;
upon the land granted by authority of this Act: Provided, however, That Provided, That no final decision of reversion of such land to the State has
when the Government or any concessionaire of the Government shall been rendered by a court; And Provided, further, That such acquisition is
take possession of the land under this section which a grantee under this approved by the Secretary of Natural Resources within six (6) months
Act shall have paid for, supposing it to be subject to grant under this Act, from the effectivity of this Decree.
said grantee shall be entitled to indemnity from the Government or the Sec. 122. No land originally acquired in any manner under the provisions
concessionaire, as the case may be, in the amount, if any, paid by him to of this Act, nor any permanent improvement on such land, shall
the Government for the land taken from him by virtue of this section: And encumbered, alienated, or transferred, except to persons, corporations,
provided, further, That with respect to the flow of water, except for associations, or partnerships who may acquire lands of the public domain
converting the same into power exceeding fifty horse power, said grantee under this Act or to corporations organized in the Philippines authorized
shall be entitled to the same use of the water flowing through or along his therefor by their charters.
land that other private owners enjoy under the law, subject to the Except in cases of hereditary succession, no land or any portion thereof
governmental regulation provided in the previous section. Water power originally acquired under the free patent, homestead, or individual sale
privileges in which the convertible power at ordinary low water shall provisions of this Act, or any permanent improvement on such land, shall
exceed fifty horse power shall be disposed of only upon terms established be transferred or assigned to any individual, nor shall such land or any
by an Act of the Assembly concerning the use, lease or acquisition of such permanent improvement thereon be leased to such individual, when the
water privilege. area of said land, added to that of his own, shall exceed one hundred and
Sec. 115. All lands granted by virtue of this Act, including homesteads forty-four hectares. Any transfer, assignment, or lease made in violation
upon which final proof has not been made or approved, shall, even hereof, shall be null and void.
though and while the title remains in the State, be subject to the ordinary Sec. 123. No land originally acquired in any manner under the provisions
taxes, which shall be paid by the grantee or the applicant, beginning with of any previous Act, ordinance, royal order, royal decree, or any other
the year next following the one in which the homestead application has provision of law formerly in force in the Philippines with regard to public
lands, terrenos baldios y realengos, or lands of any other denomination footing from the rights and opportunities which national laws and
that were actually or presumptively of the public domain, or by royal regulations grant to other members of the population and
grant or in any other form, nor any permanent improvement on such
land, shall be encumbered, alienated, or conveyed, except to persons,
f) The State recognizes its obligations to respond to the strong expression
corporations or associations who may acquire land of the public domain
of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP
under this Act or to corporate bodies organized in the Philippines whose
participation in the direction of education, health, as well as other
charters authorize them to do so: Provided, however, That this
services of ICCs/IPs, in order to render such services more responsive to
prohibition shall not be applicable to the conveyance or acquisition by
the needs and desires of these communities.
reason of hereditary succession duly acknowledged and legalized by
competent courts; Provided, further, That in the event of the ownership
of the lands and improvements mentioned in this section and in the last Towards these ends, the State shall institute and establish the necessary
preceding section being transferred by judicial decree to persons, mechanisms to enforce and guarantee the realization of these rights,
corporations or associations not legally capacitated to acquire the same taking into consideration their customs, traditions, values, beliefs, their
under the provisions of this Act, such persons, corporations, or rights to their ancestral domains.
associations shall be obliged to alienate said lands or improvements to
others so capacitated within the precise period of five years; otherwise, CHAPTER ll
such property shall revert to the Government. DEFINITION OF TERMS
Sec. 124. Any acquisition, conveyance, alienation, transfer, or other
contract made or executed in violation of any of the provisions of sections
Sec. 3. Definition of Terms.- For purposes of this Act, the following terms
one hundred and eighteen, one hundred and twenty, one hundred and
shall mean:
twenty-one, one hundred and twenty two, and one hundred and twenty-
three of this Act shall be unlawful and null and void from its execution
and shall produce the effect of annulling and cancelling the grant, title, a) Ancestral Domains - Subject to Section 56 hereof,
patent, or permit originally issued, recognized or confirmed, actually or refer to all areas generally belonging to ICCs/IPs
presumptively, and cause the reversion of the property and its comprising lands,inland waters, coastal areas, and
improvements to the State. natural resources therein, held under a claim of
Sec. 125. The provisions of sections twenty-two, twenty-three, thirty- ownership, occupied or possessed by ICCs/IPs,
three, one hundred and twenty-two, and one hundred and twenty-three themselves or through their ancestors, communally or
of this Act, and any other provision or provisions restricting or tending to individually since time immemorial, continuously to
restrict the right of persons, corporations, or associations to acquire, the present except when interrupted by war, force
hold, lease, encumber, dispose of, or alienate land in the Philippines, or majeure or displacement by force, deceit, stealth or as
permanent improvements thereon, or any interest therein, shall not be a consequence of government projects or any other
applied in cases in which the right to acquire, hold or dispose of such voluntary dealings entered into by government and
land, permanent improvements thereon or interests therein in the private individuals, corporations, and which are
Philippines is recognized by existing treaties in favor of citizens or necessary to ensure their economic, social and cultural
subjects of foreign nations and corporations or associations organized welfare. It shall include ancestral land, forests, pasture,
and constituted by the same, which right, in so far as it exists under such residential, agricultural, and other lands individually
treaties, shall continue and subsist in the manner and to the extent owned whether alienable and disposable or otherwise,
stipulated in said treaties, and only while these are in force, but not hunting grounds, burial grounds, worship areas, bodies
thereafter. of water, mineral and other natural resources, and
Sec. 126. All public auctions provided for in the foregoing chapters in the lands which may no longer be exclusively occupied by
disposition of public lands shall be held, wherever possible, in the ICCs/IPs but from which their traditionally had access
province where the land is located, or, in the office of the Bureau of Lands to for their subsistence and traditional activities,
in Manila particularly the home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators;
b. To deny any ICC/IP employee any right or benefit herein provided for
Sec. 20. Means for Development /Empowerment of ICCs/IPs.- The
or to discharge them for the purpose of preventing them from enjoying
Government shall establish the means for the full
any of the rights or benefits provided under this Act.
development/empowerment of the ICCs/IPs own institutions and
initiatives and, where necessary, provide the resources needed therefor.
Sec. 25. Basic Services.- The ICC/IP have the right to special measures for
the immediate, effective and continuing improvement of their economic
CHAPTER V
and social conditions, including in the areas of employment, vocational
SOCIAL JUSTICE AND HUMAN RIGHTS
training and retraining, housing, sanitation, health and social security.
Particular attention shall be paid to the rights and special needs of
Sec. 21. Equal Protection and Non-discrimination of ICCs/IPs.- Consistent indigenous women, elderly, youth, children and differently-abled persons.
with the equal protection clause of the Constitution of the Republic of the Accordingly, the State shall guarantee the right of ICCs/IPs to government
Philippines, the Charter of the United Nations, the Universal Declaration 's basic services which shall include, but not limited to water and
of Human Rights including the Convention on the Elimination of electrical facilities, education, health and infrastructure.
Discrimination Against Women and International Human Rights Law, the
State shall, with due recognition of their distinct characteristics and
Sec. 26. Women.- ICC/IP women shall enjoy equal rights and
identity, accord to the members of the ICCs/IPs the rights, protections
opportunities with men, as regards the social, economic, political and
and privileges enjoyed by the rest of the citizenry. It shall extend to them
cultural spheres of life. The participation of indigenous women in the
the same employment rights, opportunities, basic services, educational
decision-making process in all levels, as well as in the development of
and other rights and privileges available to every member of the society.
society, shall be given due respect and recognition.
Accordingly, the State shall likewise ensure that the employment of any
form of force of coersion against ICCs/IPs shall be dealt with by law.
The State shall provide full access to education, maternal and child care,
health and nutrition, and housing services to indigenous women.
The State shall ensure that the fundamental human rights and freedoms
Vocational, technical, professional and other forms of training shall be
as enshrined in the Constitution and relevant international instruments
provided to enable these women to fully participate in all aspects of social
are guaranteed also to indigenous women. Towards this end, no
life. As far as possible, the State shall ensure that indigenous women have
provision in this Act shall be interpreted so as to result in the diminution
access to all services in their own languages.
of rights and privileges already recognized and accorded to women under
existing laws of general application.
Sec. 27. Children and Youth.- The State shall recognize the vital role of the
children and youth of ICCs/IPs in nation-building and shall promote and
Sec. 22. Rights during Armed Conflict.- ICCs/IPs have the right to special
protect their physical, moral, spiritual, moral, spiritual, intellectual and
protection and security in periods of armed conflict. The State shall
social well-being. Towards this end, the State shall support all
observe international standards, in particular, the Fourth Geneva
government programs intended for the development and rearing of the
Convention of 1949, for the protection of civilian populations in
children and youth of ICCs/IPs for civic efficiency and establish such
circumstances of emergency and armed conflict, and shall not recruit
mechanisms as may be necessary for the protection of the rights of the
members of the ICCs/IPs against their will into armed forces, and in
indigenous children and youth.
particular, for the use against other ICCs/IPs; not recruit children of
ICCs/IPs into the armed forces under any circumstance; nor force
indigenous individuals to abandon their lands, territories and means of Sec. 28. Integrated System of Education.- The State shall, through the NCIP,
subsistence, or relocate them in special centers for military purposes provide a complete, adequate and integrated system of education,
under any discriminatory condition. relevant to the needs of the children and Young people of ICCs/IPs.
Sec. 23. Freedom from Discrimination and Right to Equal Opportunity and CHAPTER VI
Treatment.- It shall be the right of the ICCs/IPs to be free from any form of CULTURAL INTEGRITY
discrimination, with respect to recruitment and conditions of
employment, such that they may enjoy equal opportunities as other
Sec. 29. Protection of Indigenous Culture, traditions and institutions.- The
occupationally-related benefits, informed of their rights under existing
state shall respect, recognize and protect the right of the ICCs/IPs to
labor legislation and of means available to them for redress, not subject to
preserve and protect their culture, traditions and institutions. It shall
any coercive recruitment systems, including bonded labor and other
consider these rights in the formulation of national plans and policies.
forms of debt servitude; and equal treatment in employment for men and
women, including the protection from sexual harassment.
Sec. 30. Educational Systems.- The State shall provide equal access to
various cultural opportunities to the ICCs/IPs through the educational
Towards this end, the State shall within the framework of national laws
system, public or cultural entities, scholarships, grants and other
and regulations, and in cooperation with the ICCs/IPs concerned, adopt
incentives without prejudice to their right to establish and control their
special measures to ensure the effective protection with regard to the
educational systems and institutions by providing education in their own
recruitment and conditions of employment of persons belonging to these
language, in a manner appropriate to their cultural methods of teaching
communities, to the extent that they are not effectively protected by the
and learning. Indigenous children/youth shall have the right to all levels
laws applicable to workers in general.
and forms of education of the State.
ICCs/IPs shall have the right to association and freedom for all trade
Sec. 31. Recognition of Cultural Diversity.- The State shall endeavor to have
union activities and the right to conclude collective bargaining
the dignity and diversity of the cultures, traditions, histories and
agreements with employers' conditions. They shall likewise have the
aspirations of the ICCs/IPs appropriately reflected in all forms of Sec. 38. National Commission on Indigenous Cultural Communities
education, public information and cultural-educational exchange. /Indigenous Peoples (NCCP).- to carry out the policies herein set forth,
Consequently, the State shall take effective measures, in consultation with there shall be created the National Commission on ICCs/IPs (NCIP), which
ICCs/IPs concerned, to eliminate prejudice and discrimination and to shall be the primary government agency responsible for the formulation
promote tolerance, understanding and good relations among ICCs/IPs and implementation of policies, plans and programs to promote and
and all segments of society. Furthermore, the Government shall take protect the rights and well-being of the ICCs/IPs and the recognition of
effective measures to ensure that State-owned media duly reflect their ancestral domains as well as their rights thereto.
indigenous cultural diversity. The State shall likewise ensure the
participation of appropriate indigenous leaders in schools, communities
Sec. 39. Mandate.- The NCIP shall protect and promote the interest and
and international cooperative undertakings like festivals, conferences,
well-being of the ICCs/IPs with due regard to their beliefs, customs,
seminars and workshops to promote and enhance their distinctive
traditions and institutions.
heritage and values.
Sec. 66. Jurisdiction of the NCIP.- The NCIP, through its regional offices,
Sec. 72. Punishable Acts and Applicable Penalties.- Any person who
shall have jurisdiction over all claims and disputes involving rights of
commits violation of any of the provisions of this Act, such as, but not
ICCs/IPs; Provided, however, That no such dispute shall be brought to the
limited to, authorized and/or unlawful intrusion upon any ancestral lands
NCIP unless the parties have exhausted all remedies provided under their
or domains as stated in Sec. 10, Chapter III, or shall commit any of the
customary laws. For this purpose, a certification shall be issued by the
prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33,
Council of Elders/Leaders who participated in the attempt to settle the
Chapter VI hereof, shall be punished in accordance with the customary
dispute that the same has not been resolved, which certification shall be a
laws of the ICCs/IPs concerned: Provided, That no such penalty shall be
condition precedent to the filing of a petition with the NCIP.
cruel, degrading or inhuman punishment: Provided, further, That neither
shall the death penalty or excessive fines be imposed. This provision shall
Sec. 67. Appeals to the Court of Appeals.- Decisions of the NCIP shall be be without prejudice to the right of any ICCs/IPs to avail of the protection
appealable to the Court of Appeals by way of a petition for review. of existing laws. In which case, any person who violates any provision of
this Act shall, upon conviction, be punished by imprisonment of not less
than nine (9) months but not more than twelve (12) years or a fine not Art I, Sec 21, 22 of the Constitution
less than One hundred thousand pesos (P100,000) nor more than Five
hundred thousand pesos (P500,000) or both such fine and imprisonment
Section 21. The State shall promote comprehensive rural development
upon the discretion of the court. In addition, he shall be obliged to pay to
and agrarian reform.
the ICCs/IPs concerned whatever damage may have been suffered by the
latter as a consequence of the unlawful act.
Section 22. The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
Sec. 73. Persons Subject to Punishment.- If the offender is a juridical
development.
person, all officers such as, but not limited to, its president, manager, or
head of office responsible for their unlawful act shall be criminally liable
therefor, in addition to the cancellation of certificates of their registration Art XII, Secs. 2, 3, 4, 5, 7 and 8 of the Constitution
and/or license: Provided, That if the offender is a public official, the
penalty shall include perpetual disqualification to hold public office.
ARTICLE XII: NATIONAL ECONOMY AND PATRIMONY
(g) The regulation of the small-scale mining industry with the view to (d) Safety of miners;
encourage growth and productivity; and
(e) Environmental impact and other considerations; and
(h) The efficient collection of government revenue.
(f) Other related circumstances.
Sec. 5. Declaration of People's Small-scale Mining Areas. — The Board is
hereby authorized to declare and set aside people's small-scale mining
Sec. 11. Easement Rights. — Upon the declaration of a people's small-
areas in sites onshore suitable for small-scale mining, subject to review
scale mining area, the director, in consultation with the operator,
by the Secretary, immediately giving priority to areas already occupied
claimowner, landowner or lessor of an affected area, shall determine the
and actively mined by small-scale miners before August 1, 1987:
right of the small scale miners to existing facilities such as mining and
Provided, That such areas are not considered as active mining areas:
logging roads, private roads, port and communication facilities,
Provided, further, That the minerals found therein are technically and
processing plants which are necessary for the effective implementation of
commercially suitable for small-scale mining activities: Provided, finally,
the People's Small-scale Mining Program, subject to payment of
That the areas are not covered by existing forest rights or reservations
reasonable fees to the operator, claimowner, landowner or lessor.
and have not been declared as tourist or marine reserved, parks and
wildlife reservations, unless their status as such is withdrawn by
Sec. 12. Rights Under a People's Small-scale Mining Contract. — A
competent authority.
people's small-scale mining contract entitles the small-scale mining
contractor to the right to mine, extract and dispose of mineral ores for
Sec. 6. Future People's Small-scale Mining Areas. — The following lands,
commercial purposes. In no case shall a small-scale mining contract be
when suitable for small-scale mining, may be declared by the Board as
subcontracted, assigned or otherwise transferred.
people's small scale mining areas:
(a) Public lands not subject to any existing right; vi
Sec. 13. Terms and Conditions of the Contract. — A contract shall have a
term of two (2) years, renewable subject to verification by the Board for
(b) Public lands covered by existing mining rights which are not active
like periods as long as the contractor complies with the provisions set
mining areas; and
forth in this Act, and confers upon the contractor the right to mine within
the contract area: Provided, That the holder of a small-scale mining
(c) Private lands, subject to certain rights and conditions, except those contract shall have the following duties and obligations:
with substantial improvements or in bona fide and regular use as a yard,
stockyard, garden, plant nursery, plantation, cemetery or burial site, or
(a) Undertake mining activities only in accordance with a mining plan
land situated within one hundred meters (100 m.) from such cemetery or
duly approved by the Board;
burial site, water reservoir or a separate parcel of land with an area of ten
(b) Abide by the Mines and Geosciences Bureau and the small-scale
thousand square meters (10,000 sq. m.) or less.
Mining Safety Rules and Regulations;
Sec. 10. Extent of Contract Area. — The Board shall determine the (b) Subject to the approval of the Board, free access to the contract area
reasonable size and shape of the contract area following the meridional to conduct metallurgical tests, explorations and other activities, provided
block system established under Presidential Decree No. 463, as amended, such activities do not unduly interfere with the operations of the small-
otherwise known as the Mineral Resources Development Decree of 1974, scale miners; and
but in no case shall the area exceed twenty hectares (20 has.) per
contractor and the depth or length of the tunnel or adit not exceeding that
recommended by the director taking into account the following (c) Royalty equivalent to one and one half percent (1 1/2%) of the gross
circumstances: value of the metallic mineral output or one percent (1%) of the gross
value of the nonmetallic mineral output to be paid to the claimowner:
Provided, That such rights and privileges shall be available only if he is
(a) Size of membership and capitalization of the cooperative; not delinquent and other performance of his annual work obligations and
(b) Size of mineralized area;
other requirements for the last two (2) years prior to the effectivity of Sec. 21. Rescission of Contracts and Administrative Fines. — The
this Act. noncompliance with the terms and conditions of the contract or violation
of the rules and regulations issued by the Secretary pursuant to this Act,
as well as the abandonment of the mining site by the contractor, shall
Sec. 15. Rights of Private Landowners. — The private landowner or
constitute a ground for the cancellation of the contracts and the ejectment
lawful possessor shall be notified of any plan or petition to declare his
from the people's small-scale mining area of the contractor. In addition,
land as a people's small-scale mining area. Said landowner may oppose
the Secretary may impose fines against the violator in an amount of not
such plan or petition in an appropriate proceeding and hearing conducted
less than Twenty thousand pesos (P20,000.00) and not more than One
before the Board.
hundred thousand pesos (P100,000.00). Nonpayment of the fine imposed
shall render the small-scale mining contractor ineligible for other small-
If a private land is declared as a people's small-scale mining area, the
scale mining contracts.
owner and the small-scale mining contractors are encouraged to enter
into a voluntary and acceptable contractual agreement for the small-scale
utilization of the mineral values from the private land: Provided, That the Sec. 22. Reversion of People's Small-scale Mining Areas. — The Secretary,
owner shall in all cases be entitled to the payment of actual damages upon recommendation of the director, shall withdraw the status of the
which he may suffer as a result of such declaration: Provided, further, people's small-scale mining area when it can no longer feasibly operated
That royalties paid to the owner shall in no case exceed one percent (1%) on a small-scale mining basis or when the safety, health and
of the gross value of the minerals recovered as royalty. environmental conditions warrant that the same shall revert to the State
for proper disposition.
Sec. 16. Ownership of Mill Tailings. — The small-scale mining contractor
shall be the owner of all mill tailings produced from the contract area. He Sec. 23. Actual Occupation by Small-scale Miners. — Small-scale miners
may sell the tailings or have them processed in any custom mill in the who have been in actual operation of mineral lands on or before August 1,
area: Provided, That, if the small-scale mining contractor decide to sell its 1987 as determined by the Board shall not be dispossessed, ejected or
mill tailings, the claimowner shall have a preemptive right to purchase removed from said areas: Provided, That they comply with the provisions
said mill tailings at the prevailing market price. of this Act.
Sec. 17. Sale of Gold. — All gold produced by small-scale miners in any Sec. 24. Provincial/City Mining Regulatory Board. — There is hereby
mineral area shall be sold to the Central Bank, or its duly authorized created under the direct supervision and control of the Secretary a
representatives, which shall buy it at prices competitive with those provincial/city mining regulatory board, herein called the Board, which
prevailing in the world market regardless of volume or weight. shall be the implementing agency of the Department, and shall exercise
the following powers and functions, subject to review by the Secretary:
The Central Bank shall establish as many buying stations in gold-rush
areas to fully service the requirements of the small-scale minerals (a) Declare and segregate existing gold-rush areas for small-scale mining;
thereat.
(b) Reserve future gold and other mining areas for small-scale mining;
Sec. 18. Custom Mills. — The establishment and operation of safe and
efficient customs mills to process minerals or ore-bearing materials shall (c) Award contracts to small-scale miners;
be limited to mineral processing zones duly designated by the local
government unit concerned upon recommendation of the Board.
(d) Formulate and implement rules and regulations related to small-scale
mining;
In mining areas where the private sector is unable to establish custom
mills, the Government shall construct such custom mills upon the
(e) Settle disputes, conflicts or litigations over conflicting claims within a
recommendation of the Board based on the viability of the project.
people's small-scale mining area, an area that is declared a small-mining;
and
The Board shall issue licenses for the operation of custom mills and other
processing plants subject to pollution control and safety standards.
(f) Perform such other functions as may be necessary to achieve the goals
and objectives of this Act.
The Department shall establish assay laboratories to cross-check the
integrity of custom mills and to render metallurgical and laboratory
Sec. 25. Composition of the Provincial/City Mining Regulatory Board. —
services to mines.
The Board shall be composed of the Department of Environment and
Natural Resources representative as Chairman; and the representative of
Custom mills shall be constituted as withholding agents for the royalties, the governor or city mayor, as the representative of the governor or city
production share or other taxes due the Government. mayor, as the case may be, one (1) small scale mining representative, one
(1) big-scale mining representative, and the representative from a
nongovernment organization who shall come from an environmental
Sec. 19. Government Share and Allotment. — The revenue to be derived
group, as members.
by the Government from the operation of the mining program herein
established shall be subject to the sharing provided in the Local
The representatives from the private sector shall be nominated by their
Government Code.
respective organizations and appointed by the Department regional
director. The Department shall provide the staff support to the Board.
Sec. 20. People's Small-scale Mining Protection Fund. — There is hereby
created a People's Small-scale Mining Protection Fund which shall be
Sec. 26. Administrative Supervision over the People's Small-scale Mining
fifteen percent (15%) of the national government's share due the
Program. — The Secretary through his representative shall exercise
Government which shall be used primarily for information dissemination
direct supervision and control over the program and activities of the
and training of small-scale miners on safety, health and environmental
small-scale miners within the people's small-scale mining area.
protection, and the establishment of mine rescue and recovery teams
including the procurement of rescue equipment necessary in cases of
emergencies such as landslides, tunnel collapse, or the like. The Secretary shall within ninety (90) days from the effectivity of this Act
promulgate rules and regulations to effectively implement the provisions
of the same. Priority shall be given to such rules and regulations that will
The fund shall also be made available to address the needs of the small-
ensure the least disruption in the operations of the small-scale miners.
scale miners brought about by accidents and/or fortuitous events.
Sec. 27. Penal Sanctions. — Violations of the provisions of this Act or of minerals, coal, petroleum, and other minerals, coal, petroleum, and other
the rules and regulations issued pursuant hereto shall be penalized with mineral oils, all forces of potential energy, fisheries, forests or timber,
imprisonment of not less than six (6) months nor more than six (6) years wildlife, flora and fauna, and other natural resources are owned by the
and shall include the confiscation and seizure of equipment, tools and State.” The same section also states that, “exploration and development
instruments. and utilization of natural resources shall be under the full control and
supervision of the State.”
EO 279, issued by former President Aquino on July 25, 1987, authorizes The same provisions, whether by design or inadvertence, permit a
the DENR to accept, consider and evaluate proposals from foreign owned circumvention of the constitutionally ordained 60-40% capitalization
corporations or foreign investors for contracts or agreements involving requirement for corporations or associations engaged in the exploitation,
either technical or financial assistance for large scale exploration, development and utilization of Philippine natural resources.
development and utilization of minerals which upon appropriate
recommendation of the (DENR) Secretary, the president may execute When parts of a statute are so mutually dependent and connected as
with foreign proponent. WMCP likewise contended that the annulment of conditions, considerations, inducements or compensations for each other
the FTAA would violate a treaty between the Philippines and Australia as to warrant a belief that the legislature intended them as a whole, then
which provides for the protection of Australian investments. if some parts are unconstitutional, all provisions that are thus dependent,
conditional or connected must fall with them.
ISSUES:
1. Whether or not the Philippine Mining Act is unconstitutional Under Article XII Section 2 of the 1987 Charter, foreign owned
for allowing fully foreign-owned corporations to exploit corporations are limited only to merely technical or financial assistance
Philippine mineral resources to the State for large scale exploration, development and utilization of
minerals, petroleum and other mineral oils.
2. Whether or not the FTAA between the government and WMCP
is a “service contract” that permits fully foreign owned
companies to exploit Philippine mineral resources 2) The FTAA between WMCP and the Philippine government is
likewise unconstitutional since the agreement itself is a service
3. Whether the Court has a role in the exercise of the power of contract.
control over the EDU of our natural resources
Section 1.3 of the FTAA grants WMCP, a fully foreign owned corporation,
HELD: the “exclusive right to explore, exploit, utilize and dispose of all minerals
and by-products that may be produced from the contract area.” Section
1) RA 7942 or the Philippine Mining Act of 1995 is unconstitutional for 1.2 of the same agreement provides that WMCP shall provide “all
permitting fully foreign owned corporations to exploit Philippine financing, technology, management, and personnel necessary for the
natural resources. Mining Operations.”
Article XII Section 2 of the 1987 Constitution retained the Regalian These contractual stipulations and related provisions in the FTAA taken
doctrine which states that “All lands of the public domain, waters, together, grant WMCP beneficial ownership over natural resources that
properly belong to the State and are intended for the benefit of its deliberations of the Constitutional Commission reveal that the present
citizens. These stipulations are abhorrent to the 1987 Constitution. They Charter did not limit to financial or technical assistance the participation
are precisely the vices that the fundamental law seeks to avoid, the evils of foreign corporations in the large-scale exploration, development, and
that it aims to suppress. Consequently, the contract from which they utilization of minerals, petroleum and mineral oils.
spring must be struck down. The drafters’ use of the phrase “agreements xxx involving xxx technical or
financial assistance” – in Article XII Section 2 of the 1987 Charter does not
absolutely show intent to exclude other modes of assistance. “Rather the
3) The Chief Executive is the official constitutionally mandated to phrase signifies the possibility of the inclusion of other activities,
“enter into agreements with foreign owned corporations.” On the provided they bear some reasonable relationship to and compatibility
other hand, Congress may review the action of the President once it with financial or technical assistance.” If the drafters intended to strictly
is notified of “every contract entered into in accordance with this confine foreign corporations to financial or technical assistance only, they
[constitutional] provision within thirty days from its execution.” In would have employed “restrictive” or “stringent” language.
contrast to this express mandate of the President and Congress in
the exploration, development and utilization (EDU) of natural Excerpts from then deliberations of the Constitutional Commission
resources, Article XII of the Constitution is silent on the role of the likewise show that its members discussed “technical or financial
judiciary. However, should the President and/or Congress gravely assistance agreements” in the same breath as “service contracts” and
abuse their discretion in this regard, the courts may -- in a proper used the terms interchangeably. The members of the Concom actually had
case -- exercise their residual duty under Article VIII. Clearly then, in mind the Marcos-era service contracts that they were more familiar
the judiciary should not inordinately interfere in the exercise of this with (but which they duly modified and restricted so as to prevent
presidential power of control over the EDU of our natural resources. present abuses), when they were crafting and polishing the provisions
dealing with financial and/or
Under the doctrine of separation of powers and due respect for co-equal technical assistance agreements.
and coordinate branches of government, the Court must restrain itself
from intruding into policy matters and must allow the President and The Concom discussions in their entirely had to do with service contracts
Congress maximum discretion in using the resources of our country and that might be given to foreign-owned corporations as exceptions to the
in securing the assistance of foreign groups to eradicate the grinding general principle of Filipino control of the economy
poverty of our people and answer their cry for viable employment
opportunities in the country. “The judiciary is loath to interfere with the
due exercise by coequal branches of government of their official APEX MINING CO., INC. vs. SOUTHEAST MINDANAO GOLD MINING
functions.” As aptly spelled out seven decades ago by Justice George CORP
Malcolm, “Just as the Supreme Court, as the guardian of constitutional
rights, should not sanction usurpations by any other department of Proclamation No. 369 was issued to establish the Agusan-Davao-Surigao
government, so should it as strictly confine its own sphere of influence to Forest Reserve.Camilo Banad and his group, who claimed to have first
the powers expressly or by implication conferred on it by the Organic discovered traces of gold in Mount Diwata, filed aDeclaration of Location
Act.” Let the development of the mining industry be the responsibility of for six mining claims in the area. Apex Mining Corporation entered
the political branches of government. And let not the Court interfere intooperating agreements with Banad and his group.Marcopper Mining
inordinately and unnecessarily. The Constitution of the Philippines is the Corporation filed mining claims for areas adjacent to the area covered by
supreme law of the land. It is the repository of all the aspirations and the DOL of Banad and his group. MMC abandoned the claims and instead
hopes of all the people. applied for a prospecting permit with theBureau of Forest Development.
BFD issued a Prospecting Permit to MMC covering an area within
The Constitution should be read in broad, life-giving strokes. It should not theforest reserve under Proclamation No. 369. The permit embraced the
be used to strangulate economic growth or to serve narrow, parochial areas claimed by Apex and the other individual mining claimants. MMC
interests. Rather, it should be construed to grant the President and filed before the BMG a Petition for the Cancellation of the MiningClaims
Congress sufficient discretion and reasonable leeway to enable them to of Apex and Small Scale Mining Permits.
attract foreign investments and expertise, as well as to secure for our
people and our posterity the blessings of prosperity and peace. The Court MMC alleged that the areas covered by its EP 133 and the mining claims
fully sympathize with the plight of La Bugal B’laan and other tribal of Apex were within an established and existing forest reservation.
groups, and commend their efforts to uplift their communities. However, Apex filed a motion to dismiss MMC¶s petition alleging that its mining
the Court cannot justify the invalidation of an otherwise constitutional claims are not within any established or proclaimed forest reserve, and as
statute along with its implementing rules, or the nullification of an such, the acquisition of mining rights thereto must be undertaken via
otherwise legal and binding FTAA contract. The Court believes that it is registration of DOL with the BMG and not through the filing of application
not unconstitutional to allow a wide degree of discretion to the Chief for permit to prospect with the BFD. However, Supreme Court rendered a
Executive, given the nature and complexity of such agreements, the Decision against Apex holding that the disputed area is a forest reserve;
humongous amounts of capital and financing required for large-scale hence, the proper procedure in acquiring mining rights therein is by
mining operations, the complicated technology needed, and the initially applying for a permit to prospect with the BFD and not through a
intricacies of international trade, coupled with the State’s need to registration of DOL with the BMG. DENR issued Department
maintain flexibility in its dealings, in order to preserve and enhance our Administrative Order No. 66 declaring areas covered by the Agusan-
country’s competitiveness in world markets. On the basis of this control Davao-Surigao Forest Reserve as non-forest lands and open to small-scale
standard, the Court upholds the constitutionality of the Philippine Mining mining purposes.
Law, its Implementing Rules and Regulations -- insofar as they relate to
financial and technical agreements -- as well as the subject Financial and A portion of thecontested area open to small scale miners, several mining
Technical Assistance Agreement entities filed applications for Mineral Production Sharing Agreement.
Monkayo Integrated Small Scale Miners Association (MISSMA) filed an
MPSA application which was denied by the BMG on the grounds that the
area applied for is within the area covered by MMC EP 133and that the
Separate Opinion of Justice Panganiban MISSMA was not qualified to apply for an MPSA.MMC assigned EP 133 to
Southeast Mindanao Gold Mining Corporation. BMG accepted and
The FTAA is now to be implemented by a Filipino corporation, therefore registered SEMs MPSA application and the Deed of Assignment over EP
the Court can no longer declare it unconstitutional. The CA case is a 133 executed in its favor by MMC.SEM¶s application was designated
dispute between two Filipino corporations (Sagittarius and Lepanto) MPSA Application No. 128 (MPSAA 128).The PA rendered a resolution
both claiming the right to purchase the foreign shares in WMCP. that EP 133 was valid and subsisting. It also declared that the BMG
Regardless of which side eventually prevails, the FTAA would still be in Director, under Section 99 of the Consolidated Mines Administrative
the hands of a qualified Filipino firm. The present Constitution, moreover, Order implementing Presidential Decree No. 463, was authorized to issue
does not limit foreign participation in the exploration, development and exploration permits and to renew the same without limit. The validity of
utilization of minerals, petroleum and mineral oils to financial or Ex loration Permit No. 133 was reiterated and all the adverse claims
technical assistance. The drafters’ choice of words and excerpts from against MPSAA No.128 are DISMISSED.
Property. Petitioners moved to quash the information on grounds that
Undaunted by the PA ruling, the adverse claimants appealed to the Mines these were “duplicitous” as DOJ charged more than one offense for a
Adjudication Board. In aDecision, the MAB considered erroneous the single act and that the Informations contain allegations which constitute
dismissal by the PA of the adverse claims filed againstMMC and SEM over legal excuse or justification.
a mere technicality of failure to submit a sketch plan. It argued that the
rules of procedure are not meant to defeat substantial justice as the
The MTC ruled that as far as the 3 laws are concerned, only the
former are merely secondary in importance to the latter. Dealing with
Information for violation of Philippine Mining Act should be maintained.
the question on EP 133¶s validity, the MAB opined that said issue was not
Thus, the Informations for violation of Anti-Pollution Law and the Water
crucial and was irrelevant in adjudicating the appealed case because EP
Code should be dismissed because the elements constituting the
133 has long expired due to its non-renewal and that the holder of the
aforesaid violations are absorbed by the same elements which constitute
same, MMC, was no longer a claimant of the Agusan-Davao-Surigao Forest
violation of the Philippine Mining Act. The RTC reversed the said decision
Reserve having relinquished its right to SEM. After it brushed aside the
and ruled that there can be no absorption by one offense of the three
issue of the validity of EP133 for being irrelevant, the MAB proceeded to
other offenses, as the acts penalized by these laws are separate and
treat SEM¶s MPSA application over the disputed area asan entirely new
distinct from each other. This was affirmed by the CA.
and distinct application. It approved the MPSA application, excluding the
area segregated by DAO No. 66, which declared 729 hectares within the
Diwalwal area as non-forest lands open for small-scale mining. Petitioners contend that they should be charged with only one offense –
Reckless Imprudence Resulting in Damage to Property — because all the
Dissatisfied, the Villaflor group and Balite appealed the decision to this charges filed against them are based on a single act or incident of
Court. SEM, aggrieved by the exclusion of 729 hectares from its MPSA polluting the Boac and Makalupnit rivers thru dumping of mine tailings"
application, likewise appealed. Apex filed a Motion for Leave to Admit and that the charge for violation of Article 365 of the RPC "absorbs" the
Petition for Intervention predicated on its right to stake its claim over the other charges since the element of "lack of necessary or adequate
Diwalwal gold rush which was granted by the Court. These cases, protection, negligence, recklessness and imprudence" is common among
however, were remanded to the Court of Appeals for proper disposition them.
pursuant to Rule 43 of the 1997 Rules of Civil Procedure. The Court of
Appeals consolidated the remanded cases as CA-G.R. SP No. 61215 and
Ruling
No. 61216.The Court of Appeals affirmed in toto the decision of the PA
and declared null and void the MAB decision. Hence, the instant Petitions
Court had ruled that a single act or incident might offend against two or
for Review on Certiorari under Rule 45 of the Rules of Court filed by Apex,
more entirely distinct and unrelated provisions of law thus justifying the
Balite and MAB. During the pendency of these Petitions, President Gloria
prosecution of the accused for more than one offense. The only limit to
Macapagal-Arroyo issued Proclamation No. 297.This proclamation
this rule is the Constitutional prohibition that no person shall be twice
excluded an area of 8,100 hectares located in Monkayo, Compostela
put in jeopardy of punishment for the same offense.
Valley, and proclaimed the same as mineral reservation and as
environmentally critical area. Subsequently, DENR Administrative Order
However, for the limited purpose of controverting petitioners’ claim that
No. 2002-18 was issued declaring an emergency situation in the Diwalwal
they should be charged with one offense only, the SC quote with approval
gold rush area and ordering the stoppage of all mining operations therein.
RTC’s comparative analysis of PD 1067, PD 984, RA 7942, and Article 365
Thereafter, Executive Order No. 217was issued by the President creating
of the RPC showing that in each of these laws on which petitioners were
the National Task Force Diwalwal which is tasked to address the situation
charged, there is one essential element not required of the others, thus:
in the Diwalwal Gold Rush Area.
In P.D. 1067 (Philippines Water Code), the additional element to be
Issue
established is the dumping of mine tailings into the Makulapnit River and
the entire Boac River System without prior permit from the authorities
Whether the subsequent acts of the executive department such as the
concerned. The gravamen of the offense here is the absence of the proper
issuance of Proclamation No. 297,and DAO No. 2002-18 can
permit to dump said mine tailings. This element is not indispensable in the
outweigh Apex and Balites claims over the Diwalwal Gold Rush Area.
prosecution for violation of PD 984 (Anti-Pollution Law), [RA] 7942
(Philippine Mining Act) and Art. 365 of the Revised Penal Code. One can be
Held
validly prosecuted for violating the Water Code even in the absence of
actual pollution, or even if it has complied with the terms of its
Upon the effectivity of the 1987 Constitution, the State assumed a more
Environmental Compliance Certificate, or further, even if it did take the
dynamic role in the exploration,development and utilization of the
necessary precautions to prevent damage to property.
natural resources of the country. With this policy, the State may
pursuefull control and supervision of the exploration, development and
In P.D. 984 (Anti-Pollution Law), the additional fact that must be proved is
utilization of the country¶s naturalmineral resources. The options open
the existence of actual pollution. The gravamen is the pollution itself. In the
to the State are through direct undertaking or by entering into
absence of any pollution, the accused must be exonerated under this law
co- production, joint venture, or production-sharing agreements, or by
although there was unauthorized dumping of mine tailings or lack of
entering into agreement with foreign-owned corporations for large-scale
precaution on its part to prevent damage to property.
exploration, development and utilization. Recognizing the importance of
the country’s natural resources, not only for national economic
In R.A. 7942 (Philippine Mining Act), the additional fact that must be
development, but also for its security and national defense, Section 5 of
established is the willful violation and gross neglect on the part of the
Republic Act No. 7942 empowers the President, when the national
accused to abide by the terms and conditions of the Environmental
interest so requires, to establish mineral reservations where mining
Compliance Certificate, particularly that the Marcopper should ensure the
operations shall be undertaken directly by the State or through a
containment of run-off and silt materials from reaching the Mogpog and
contractor
Boac Rivers. If there was no violation or neglect, and that the accused
satisfactorily proved [sic] that Marcopper had done everything to ensure
containment of the run-off and silt materials, they will not be liable. It
Loney vs. People of the Philippines
does not follow, however, that they cannot be prosecuted under the
Water Code, Anti-Pollution Law and the Revised Penal Code because
Petitioners are officers of Marcopper Mining Corp., engaged in mining in
violation of the Environmental Compliance Certificate is not an essential
the province of Marinduque. Marcopper had been storing tailings from its
element of these laws.
operation in a pit in Mt. Taipan, at the base of which ran a drainage
leading to Boac and Makalupnit rivers. Consequently, Marcopper had
On the other hand, the additional element that must be established in Art.
discharged millions of tons of tailings into the rivers.
365 of the Revised Penal Code is the lack of necessary or adequate
precaution, negligence, recklessness and imprudence on the part of the
In August 1996, the DOJ charged petitioners with violation of the Water accused to prevent damage to property. This element is not required under
Code of the Philippines, the National Pollution Control Decree, Philippine the previous laws. Unquestionably, it is different from dumping of mine
Mining Act and RPC for Reckless Imprudence Resulting in Damage to tailings without permit, or causing pollution to the Boac river system,
much more from violation or neglect to abide by the terms of the projects and efforts on the proper classification and delimitation of the
Environmental Compliance Certificate. Moreover, the offenses punished lands of the public domain, and the management, utilization, protection,
by special law are mal[a] prohibita in contrast with those punished by the rehabilitation, and development of forest lands;
Revised Penal Code which are mala in se.29
Consequently, the filing of the multiple charges against petitioners,
Section 2. Policies. The State hereby adopts the following policies:
although based on the same incident, is consistent with settled doctrine.
On petitioners’ claim that the charge for violation of Article 365 of the (a) The multiple uses of forest lands shall be oriented to the development
RPC absorbs the charges for violation of PD 1067, PD 984, and RA 7942, and progress requirements of the country, the advancement of science
suffice it to say that a mala in se felony (such as Reckless Imprudence and technology, and the public welfare;
Resulting in Damage to Property) cannot absorb mala prohibita crimes
(such as those violating PD 1067, PD 984, and RA 7942). What makes the
(b) Land classification and survey shall be systematized and hastened;
former a felony is criminal intent (dolo) or negligence (culpa); what
makes the latter crimes are the special laws enacting them.
(c) The establishment of wood-processing plants shall be encouraged and
Petitioners reiterate their contention in the Court of Appeals that their rationalized; and
prosecution contravenes this Court’s ruling in People v. Relova. In
particular, petitioners cite the Court’s statement in Relova that the law
(d) The protection, development and rehabilitation of forest lands shall
seeks to prevent harassment of the accused by "multiple prosecutions for
be emphasized so as to ensure their continuity in productive condition.
offenses which though different from one another are nonetheless each
constituted by a common set or overlapping sets of technical elements."
Section 3. Definitions.
This contention is also without merit. Relova is no authority for
petitioners’ claim against multiple prosecutions based on a single act not (a) Public forest is the mass of lands of the public domain which has not
only because the question of double jeopardy is not at issue here, but also been the subject of the present system of classification for the
because, as the Court of Appeals held, petitioners are being prosecuted determination of which lands are needed for forest purposes and which
for an act or incident punished by four national statutes and not by an are not.
ordinance and a national statute. In short, petitioners, if ever, fall under
the first sentence of Section 21, Article III which prohibits multiple
prosecution for the same offense, and not, as in Relova, for offenses (b) Permanent forest or forest reserves refer to those lands of the public
arising from the same incident. domain which have been the subject of the present system of
classification and determined to be needed for forest purposes.
(c) Alienable and disposable lands refer to those lands of the public
domain which have been the subject of the present system of
classification and declared as not needed for forest purposes.
(d) Forest lands include the public forest, the permanent forest or forest
reserves, and forest reservations.
(e) Grazing land refers to that portion of the public domain which has
been set aside, in view of the suitability of its topography and vegetation,
for the raising of livestock.
(f) Mineral lands refer to those lands of the public domain which have
been classified as such by the Secretary of Natural Resources in
accordance with prescribed and approved criteria, guidelines and
procedure.
(g) Forest reservations refer to forest lands which have been reserved by
the President of the Philippines for any specific purpose or purposes.
WHEREAS, the present laws and regulations governing forest lands are
not responsive enough to support re-oriented government programs,
(l) Watershed reservation is a forest land reservation established to (bb) Lease is a privilege granted by the State to a person to occupy and
protect or improve the conditions of the water yield thereof or reduce possess, in consideration of a specified rental, any forest land of the
sedimentation. public domain in order to undertake any authorized activity therein.
(m) Watershed is a land area drained by a stream or fixed body of water (cc) License is a privilege granted by the State to a person to utilize forest
and its tributaries having a common outlet for surface run-off. resources as in any forest land, without any right of occupation and
possession over the same, to the exclusion of others, or establish and
operate a wood-processing plant, or conduct any activity involving the
(n) Critical watershed is a drainage area of a river system supporting
utilization of any forest resources.
existing and proposed hydro-electric power and irrigation works needing
immediate rehabilitation as it is being subjected to a fast denudation
causing accelerated erosion and destructive floods. It is closed from (dd) License agreement is a privilege granted by the State to a person to
logging until it is fully rehabilitated. utilize forest resources within any forest land with the right of possession
and occupation thereof to the exclusion of others, except the government,
but with the corresponding obligation to develop, protect and rehabilitate
(o) Mangrove is a term applied to the type of forest occurring on tidal flat
the same in accordance with the terms and conditions set forth in said
along the sea coast, extending along streams where the water is brackish.
agreement.
(p) Kaingin is a portion of the forest land, whether occupied or not, which
(ee) Permit is a short-term privilege or authority granted by the State to a
is subjected to shifting and/or permanent slash-and-burn cultivation
person to utilize any limited forest resources or undertake a limited
having little or no provision to prevent soil erosion.
activity with any forest land without any right of occupation and
possession therein.
(q) Forest product means timber, pulpwood, firewood, bark, tree top,
resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest growth
(ff) Annual allowable cut is the volume of materials, whether of wood or
such as grass, shrub, and flowering plant, the associated water, fish, game,
other forest products, that is authorized to be cut regularly from the
scenic, historical, recreational and geologic resources in forest lands.
forest.
Section 7. Supervision and Control. The Bureau shall be directly under the Section 13. System of Land Classification. The Department Head shall
control and supervision of the Secretary of the Department of Natural study, devise, determine and prescribe the criteria, guidelines and
Resources, hereinafter referred to as the Department Head. methods for the proper and accurate classification and survey of all lands
of the public domain into agricultural, industrial or commercial,
residential, resettlement, mineral, timber or forest, and grazing lands, and
Section 8. Review. All actions and decisions of the Director are subject to
into such other classes as now or may hereafter be provided by law, rules
review, motu propio or upon appeal of any person aggrieved thereby, by
and regulations.
the Department Head whose decision shall be final and executory after
the lapse of thirty (30) days from receipt by the aggrieved party of said
decision, unless appealed to the President in accordance with the In the meantime, the Department Head shall simplify through inter-
Executive Order No. 19, series of 1966. The Decision of the Department bureau action the present system of determining which of the
Head may not be reviewed by the courts except through a special civil unclassified lands of the public domain are needed for forest purposes
action for certiorari or prohibition. and declare them as permanent forest to form part of the forest reserves.
He shall decree those classified and determined not to be needed for
forest purposes as alienable and disposable lands, the administrative
Section 9. Rules and Regulations. The Department Head, upon the
jurisdiction and management of which shall be transferred to the Bureau
recommendation of the Director of Forest Development, shall promulgate
of Lands: Provided, That mangrove and other swamps not needed for
the rules and regulations necessary to implement effectively the
shore protection and suitable for fishpond purposes shall be released to,
provisions of this Code.
and be placed under the administrative jurisdiction and management of,
the Bureau of Fisheries and Aquatic Resources. Those still to be classified
Section 10. Creation of Functional Divisions, and Regional and District under the Present system shall continue to remain as part of the public
Offices. All positions in the merged agencies are considered vacant. forest.
Present occupants may be appointed in accordance with a staffing
pattern or plan of organization to be prepared by the Director and
Section 14. Existing Pasture Leases and Permits in Forest Lands. Forest
approved by the Department Head. Any appointee who fails to report for
lands which have been the subject of pasture leases and permits shall
duty in accordance with the approved plan within thirty (30) days upon
remain classified as forest lands until classified as grazing lands under the
receipt of notification shall be deemed to have declined the appointment,
criteria, guidelines and methods of classification to be prescribed by the
in which case the position may be filed by any other qualified applicant.
Department Head: Provided, That the administration, management and
disposition of grazing lands shall remain under the Bureau.
For the efficient and effective implementation of the program of the
Bureau, the following divisions and sections are hereby created, to wit:
Section 15. Topography. No land of the public domain eighteen per cent
(18%) in slope or over shall be classified as alienable and disposable, nor
The Department Head may, upon recommendation of the Director, any forest land fifty per cent (50%) in slope or over, as grazing land.
reorganize or create such other divisions, sections of units as may be
deemed necessary and to appoint the personnel there: Provided, That an
Lands eighteen per cent (18%) in slope or over which have already been
employee appointed or designated as officer-in-charge of a newly created
declared as alienable and disposable shall be reverted to the classification
division, section or unit, or to an existing vacant position with a higher
of forest lands by the Department Head, to form part of the forest
salary, shall receive, from the date of such appointment or designation
reserves, unless they are already covered by existing titles or approved
until he is replaced or reverted to his original position, the salary
public land application, or actually occupied openly, continuously,
corresponding to the position temporarily held by him.
adversely and publicly for a period of not less than thirty (30) years as of
the effectivity of this Code, where the occupant is qualified for a free
patent under the Public Land Act: Provided, That said lands, which are When public interest so requires, any off-shore area needed for the
not yet part of a well-established communities, shall be kept in a preservation and protection of its educational, scientific, historical,
vegetative condition sufficient to prevent erosion and adverse effects on ecological and recreational values including the marine life found therein,
the lowlands and streams: Provided, further, That when public interest so shall be established as marine parks.
requires, steps shall be taken to expropriate, cancel defective titles, reject
public land application, or eject occupants thereof.
CHAPTER III
UTILIZATION AND MANAGEMENT
Section 16. Areas needed for forest purposes. The following lands, even if
they are below eighteen per cent (18%) in slope, are needed for forest
Section 19. Multiple use. The numerous beneficial uses of the timber,
purposes, and may not, therefore, be classified as alienable and
land, soil, water, wildlife, recreation value and grass of forest lands shall
disposable land, to wit:
be evaluated and weighted before allowing the utilization, exploitation,
occupation or possession thereof, or the conduct of any activity therein.
1. Areas less than 250 hectares which are far from, or are not
contiguous with, any certified alienable and disposable land;
Only the utilization, exploitation, occupation or possession of any forest
land, or any activity therein, involving one or more or its resources, which
2. Isolated patches of forest of at least five (5) hectares with will produce the optimum benefits to the development and progress of
rocky terrain, or which protect a spring for communal use; the country and the public welfare, without impairment or with the least
injury to its other resources, shall be allowed.
3. Areas which have already been reforested;
All forest reservations may be open to uses not inconsistent with the
principal objectives of the reservation: Provided, That critical watersheds
4. Areas within forest concessions which are timbered or have
and national parks shall not be subject to logging operations.
good residual stocking to support an existing, or approved to
be established, wood processing plant;
Section 20. License agreement, license, lease or permit. No person may
utilize, exploit, occupy, possess or conduct any activity within any forest
5. Ridge tops and plateaus regardless of size found within, or
land, or establish and operate any wood-processing plant, unless he has
surrounded wholly or partly by, forest lands where
been authorized to do so under a license agreement, lease, license, or
headwaters emanate;
permit.
The privilege shall automatically terminate, even before the expiration of A licensee who has no processing plant may, subject to the approval of
the license agreement of license, the moment the harvestable timber have the Director, enter into a contract with a wood processor for the
been utilized without leaving any logged-over area capable of commercial processing of his logs. Wood processors shall accept for processing only
utilization. logs cut by, or purchased from, licensees of good standing at the time of
the cutting of logs.
The maximum period of any privilege to harvest timber is twenty-five
(25) years, renewable for a period, not exceeding twenty-five (25) years, C. REFORESTATION
necessary to utilize all the remaining commercial quantity or harvestable
timber either from the unlogged or logged-over area.
Section 33. Forest lands to be reforested. The following shall be reforested
and covered with suitable and sufficient trees, to wit:
It shall be a condition for the continued privilege to harvest timber under
any license or license agreement that the licensee shall reforest all the
(a) Bare or grass-covered tracts of forest lands with at least fifty per cent
areas which shall be determined by the Bureau.
(50%) slope;
Section 29. Incentives to the wood industry. The Department Head, in (g) Portions of areas covered by pasture leases or permits having a slope
collaboration with other government agencies and the wood industry of at least fifty per cent (50%); and
associations and other private entities in the country, shall evolve
incentives for the establishment of an integrated wood industry in
(h) River banks, easements, road rights-of-ways, deltas, swamps, former
designated wood industry centers and/or economic area.
river beds, and beaches.
(e) Exemption from the payment of the percentage tax levied in Title V of If the holder of a license agreement over a forest area expressly or
the National Internal Revenue Code when the timber and forest products impliedly waives the privilege to utilize any softwood, hardwood or
are sold, bartered or exchanged by the lessee whether in their original mangrove species therein, a license may be issued to another person for
state or not; the harvest thereof without any right of possession or occupation over
the areas where they are found, but he shall, likewise, adopt protection
and conservation measures consistent with those adopted by the license
(f) The Board of Investments shall, notwithstanding its nationality
agreement holder in the said areas.
requirement on projects involving natural resources, classify industrial
tree plantations and tree farms as pioneer areas of investment under its
annual priority plan, to be governed by the rules and regulations of said Section 39. Regulation of timber utilization in all other classes of lands
Board. A lessee of an industrial tree plantation or tree farm may either and of wood-processing plants. The utilization of timber in alienable and
apply to the Board of Investments for the tax and other benefits disposable lands, private lands, civil reservations, and all lands containing
thereunder, or avail of the following benefits: standing or felled timber, including those under the jurisdiction of other
government agencies, and the establishment and operation of saw-mills
and other wood-processing plants, shall be regulated in order to prevent
1. Amounts expended by a lessee in the development and operation of an
them from being used as shelters for excessive and unauthorized harvests
industrial tree plantation or tree farm prior to the time when the
in forest lands, and shall not therefore be allowed except through a
production state is reached, may, at the option of said lessee, be regarded
license agreement, license, lease or permit.
as ordinary and necessary business expenses or as capital expenditures;
and
Section 40. Timber inventory in other lands containing standing or felled
timber. The Bureau shall conduct a one hundred per cent (100%) timber
inventory in alienable and disposable lands and civil reservations and regulations. No location, prospecting, exploration, utilization, or
immediately upon classification or reservation thereof. exploitation of mineral resources inside forest concessions shall be
allowed unless proper notice has been served upon the licensees thereof
and the prior approval of the Director, secured.
No harvest of standing or felled timber in alienable and disposable lands,
private lands, civil reservation, and all other lands, including those under
the jurisdiction of other government agencies, shall be allowed unless a Mine tailings and other pollutants affecting the health and safety of the
one hundred per cent (100%) timber inventory has been conducted people, water, fish, vegetation, animal life and other surface resources,
thereon. shall be filtered in silt traps or other filtration devices and only clean
exhausts and liquids shall be released therefrom.
Section 41. Sworn timber inventory reports. All reports on timber
inventories of forest lands, alienable and disposable lands, private lands, Surface-mined areas shall be restored to as near its former natural
civil reservations, and all lands containing standing or felled timber must configuration or as approved by the Director prior to its abandonment by
be subscribed and sworn to by all the forest officers who conducted the the mining concern.
same.
Section 48. Mineral Reservations. Mineral reservations which are not the
Section 42. Participation in the development of alienable and disposable subject of mining operations or where operations have been suspended
lands and civil reservations. The privilege to harvest timber in alienable for more than five (5) years shall be placed under forest management by
and disposable lands and civil reservations shall be given to those who the Bureau.
can best help in the delineation and development of such areas in
accordance with the management plan of the appropriate government
Mineral reservations where mining operations have been terminated due
exercising jurisdiction over the same.
to the exhaustion of its minerals shall revert to the category of forest land,
unless otherwise reserved for other purposes.
The extent of participation shall be based on the amount of timber which
may be harvested therefrom.
Section 49. Roads and other infrastructure. Roads and other
infrastructure in forest lands shall be constructed with the least
Section 43. Swamplands and mangrove forests. Strips of mangrove forest impairment to the resource values thereof.
bordering numerous islands which protect the shoreline, the shoreline
roads, and even coastal communities from the destructive force of the sea
Government agencies undertaking the construction of roads, bridges,
during high winds and typhoons, shall be maintained and shall not be
communications, and other infrastructure and installations inside forest
alienated. Such strips must be kept from artificial obstruction so that
lands, shall coordinate with the Bureau, especially if it will involve the
flood water will flow unimpeded to the sea to avoid flooding or
utilization or destruction of timber and/or other forest resources, or
inundation of cultivated areas in the upstream.
watershed disturbance therein, in order to adopt measures to avoid or
reduce damage or injury to the forest resource values.
All mangrove swamps set aside for coast-protection purposes shall not be
subject to clear-cutting operation.
They shall likewise extend assistance in the planning and establishment
of roads, wharves, piers, port facilities, and other infrastructure in
Mangrove and other swamps released to the Bureau of Fisheries and locations designated as wood-processing centers or for the convenience
Aquatic Resources for fishpond purposes which are not utilized, or which of wood-based industries.
have been abandoned for five (5) years from the date of such release shall
revert to the category of forest land.
In order to coincide and conform to government plans, programs,
standards, and specifications, holders of license agreements, licenses,
Section 44. Visitorial power. The Department Head may, by himself or leases and permits shall not undertake road or infrastructure
thru the Director or any qualified person duly designated by the construction or installation in forest lands without the prior approval of
Department Head, investigate, inspect and examine records, books and the Director, or in alienable and disposable lands, civil reservations and
other documents relating to the operation of any holder of a license other government lands, without the approval of the government
agreement, license, lease, or permit, and its subsidiary or affiliated agencies having administrative jurisdiction over the same.
companies, to determine compliance with the terms and conditions
thereof, this Code and pertinent laws, policies, rules and regulations.
All roads and infrastructure constructed by holders of license
agreements, licenses, leases and permits belong to the State and the use
Section 45. Authority of forest officers. When in the performance of their and administration thereof shall be transferred to the government
official duties, forest officers, or other government officials or employees immediately upon the expiration or termination thereof. Prior thereto the
duly authorized by the Department Head or Director, shall have free Bureau may authorize the public use thereof, if it will not be detrimental
entry into areas covered by a license agreement, license, lease or permit. to forest conservation measures.
Forest officers are authorized to administer oath and take Where roads are utilized by more than one commercial forest user, the
acknowledgment in official matters connected with the functions of their Bureau shall prescribe the terms and conditions of joint use including the
office, and to take testimony in official investigations conducted under the equitable sharing of construction and/or maintenance costs, and of the
authority of this Code and the implementing rules and regulations. use of these roads by other parties and the collection of such fees as may
be deemed necessary.
Section 46. Scaling stations. In collaboration with appropriate
government agencies, the Bureau shall establish control or scaling Section 50. Logging roads. There shall be indiscriminate construction of
stations at suitably located outlets of timber and other forest products to logging roads.
insure that they were legally cut or harvested.
Such roads shall be strategically located and their widths regulated so as
Section 47. Mining operations. Mining operations in forest lands shall be to minimize clear-cutting, unnecessary damage or injury to healthy
regulated and conducted with due regard to protection, development and residuals, and erosion. Their construction must not only serve the
utilization of other surface resources. transportation need of the logger but, most importantly, the requirement
to save as many healthy residuals as possible during cutting and hauling
operations.
Location, prospecting, exploration, utilization or exploitation of mineral
resources in forest reservations shall be governed by Mining laws, rules
Section 51. Management of occupancy in forest lands. Forest occupancy The construction and operation of necessary facilities to accommodate
shall henceforth be managed. The Bureau shall study, determine and outdoor recreation shall be done by the Bureau with the use of funds
define which lands may be the subject of occupancy and prescribed derived from rentals and fees for the operation and use of recreational
therein, an agro-forestry development program. facilities by private persons or operators, in addition to whatever funds
may be appropriated for such purposes.
Occupants shall undertake measures to prevent and protect forest
resources. Section 57. Other special uses of forest lands. Forest lands may be leased
for a period not exceeding twenty-five (25) years, renewable upon the
expiration thereof for a similar period, or held under permit, for the
Any occupancy in forest land which will result in sedimentation, erosion,
establishment of sawmills, lumber yards, timber depots, logging camps,
reduction in water yield and impairment of other resources to the
rights-of-way, or for the construction of sanatoria, bathing
detriment of community and public interest shall not be allowed.
establishments, camps, salt works, or other beneficial purposes which do
not in any way impair the forest resources therein.
In areas above 50% in slope, occupation shall be conditioned upon the
planting of desirable trees thereon and/or adoption of other conservation
F. QUALIFICATIONS
measures.
The Bureau may call upon other agencies of the government and holders
Section 60. Financial and technical capability. No license agreement,
of license agreement, license, lease and permits over forest lands to
license, lease or permit over forest lands shall be issued to an applicant
participate in the census.
unless he proves satisfactorily that he has the financial resources and
technical capability not only to minimize utilization, but also to practice
Section 53. Criminal Prosecution. Kaingineros, squatters, cultural forest protection, conservation and development measures to insure the
minorities and other occupants who entered into forest lands before the perpetuation of said forest in productive condition.
effectivity of this Code, without permits or authority, shall not be
prosecuted: Provided, That they do not increase their clearings: Provided,
Section 61. Transfers. Unless authorized by the Department Head, no
further, That they undertake, within two (2) months from the notice
licensee, lessee, or permittee may transfer, exchange, sell or convey his
thereof, the activities which will be imposed upon them by the Bureau in
license agreement, license, lease or permit, or any of his rights or
accordance with a management plan calculated to conserve and protect
interests therein, or any of his assets used in connection therewith.
forest resources.
The size of forest lands that may be allowed for pasture and other special
Section 62. Service contracts. The Department Head, may in the national
uses shall be determined by rules and regulations, any provision of law to
interest, allow forest products licensees, lessees, or permittees to enter
the contrary notwithstanding.
into service contracts for financial, technical, management, or other forms
of assistance, in consideration of a fee, with any foreign person or entity
Section 55. Wildlife. Wildlife may be destroyed, killed, consumed, eaten for the exploration, development, exploitation or utilization of the forest
or otherwise disposed of, without the necessity of permit, for the resources, covered by their license agreements, licenses, leases or
protection of life, health, safety and property, and the convenience of the permits. Existing valid and binding service contracts for financial,
people. technical, management or other forms of assistance are hereby
recognized as such.
However, the Director may regulate the killing and destruction of wildlife
in forest lands in order to maintain an ecological balance of flora and Section 63. Equity sharing. Every corporation holding a license
fauna. agreement, license, lease or permit to utilize, exploit, occupy or possess
any forest land, or conduct any activity therein, or establish and operate a
wood-processing plant, shall within one (1) year after the effectivity of
Section 56. Recreation. The Bureau shall, in the preparation of multiple-
this Code, formulate and submit to the Department Head for approval a
use management plans, identify and provide for the protection of scenic
plan for the sale of at least twenty percent (20%) of its subscribed capital
areas in all forest lands which are potentially valuable for recreation and
stock in favor of its employees and laborers.
tourism, and plan for the development and protection of such areas to
attract visitors thereto and meet increasing demands therefor.
The plan shall be so implemented that the sale of the shares of stock shall thereon based upon the result of production cost and market studies
be effected by the corporation not later than the sixth year of its undertaken by the Bureau; Provided, That such charges shall not be lower
operation, or the first year of the effectivity of this Code, if the than those now imposed.
corporation has been in operation for more than 5 years prior to such
effectivity.
CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES
No corporation shall be issued any license agreement, license, lease or
permit after the effectivity of this Code, unless it submits such a plan and
Section 68. Cutting, gathering and/or collecting timber or other products
the same is approved for implementation within the sixth year of its
without license. Any person who shall cut, gather, collect, or remove
operation.
timber or other forest products from any forest land, or timber from
alienable and disposable public lands, or from private lands, without any
The Department Head shall promulgate the necessary rules and authority under a license agreement, lease, license or permit, shall be
regulations to carry out the provisions of this section, particularly on the guilty of qualified theft as defined and punished under Articles 309 and
determination of the manner of payment, factors affecting the selling 310 of the Revised Penal Code; Provided, That in the case of partnership,
price, establishment of priorities in the purchase of the shares of stock, association or corporation, the officers who ordered the cutting,
and the capability of the deserving employees and laborers. The gathering or collecting shall be liable, and if such officers are aliens, they
industries concerned shall extend all assistance in the promulgation of shall, in addition to the penalty, be deported without further proceedings
policies on the matter, such as the submission of all data and information on the part of the Commission on Immigration and Deportation.
relative to their operation, personnel management, and asset evaluation.
The Court shall further order the confiscation in favor of the government
G. REGULATORY FEES of the timber or forest products to cut, gathered, collected or removed,
and the machinery, equipment, implements and tools used therein, and
the forfeiture of his improvements in the area.
Section 64. Charges, fees and bonds. The Department Head, upon
recommendation of the Director, shall fix the amount of charges, rental,
bonds and fees for the different kinds of utilization, exploitation, The same penalty plus cancellation of his license agreement, lease, license
occupation, possession, or activity inside forest lands, the filing and or permit and perpetual disqualification from acquiring any such
processing of applications therefor, the issuance and renewal of license privilege shall be imposed upon any licensee, lessee, or permittee who
agreements, licenses, leases and permits, and for other services; cuts timber from the licensed or leased area of another, without prejudice
Provided, That all fees and charges presently being collected under to whatever civil action the latter may bring against the offender.
existing laws and regulations shall continue to be imposed and collected
until otherwise provided; Provided, further, That timber taken and
Section 69. Unlawful occupation or destruction of forest lands. Any person
removed from private lands for commercial purposes shall be exempt
who enters and occupies or possesses, or makes kaingin for his own
from the payment of forest charges.
private use or for others any forest land without authority under a license
agreement, lease, license or permit, or in any manner destroys such forest
Section 65. Authority of Department Head to impose other fees. In land or part thereof, or causes any damage to the timber stand and other
addition to the fees and charges imposed under existing laws, rules and products and forest growths found therein, or who assists, aids or abets
regulations, the Department Head is hereby authorized, upon any other person to do so, or sets a fire, or negligently permits a fire to be
recommendation of the Director and in consultation with representatives set in any forest land shall, upon conviction, be fined in an amount of not
of the industries affected, to impose other fees for forest protection, less than five hundred pesos (P500.00) nor more than twenty thousand
management, reforestation, and development, the proceeds of which shall pesos (P20,000.00) and imprisoned for not less than six (6) months nor
accrue into a special deposit of the Bureau as its revolving fund for the more than two (2) years for each such offense, and be liable to the
aforementioned purposes. payment of ten (10) times the rental fees and other charges which would
have been accrued had the occupation and use of the land been
authorized under a license agreement, lease, license or permit: Provided,
Section 66. Collection and Disbursement. The collection of the charges
That in the case of an offender found guilty of making kaingin, the penalty
and fees above-mentioned shall be the responsibility of the Director or
shall be imprisoned for not less than two (2) nor more than (4) years and
his authorized representative. The Director shall remit his monthly
a fine equal to eight (8) times the regular forest charges due on the forest
collection of fees and charges mentioned in Section 64 to the Treasurer of
products destroyed, without prejudice to the payment of the full cost of
the Philippines within the first ten (10) days of the succeeding month;
restoration of the occupied area as determined by the Bureau.
Provided, That the proceeds of the collection of the fees imposed under
Section 65 and the special deposit heretofore required of licensees shall
be constituted into a revolving fund for such purposes and be deposited The Court shall further order the eviction of the offender from the land
in the Philippine National Bank, as a special deposit of the Bureau. The and the forfeiture to the Government of all improvements made and all
Budget Commissioner and the National Treasurer shall effect the vehicles, domestic animals and equipment of any kind used in the
quarterly releases out of the collection accruing to the general fund upon commission of the offense. If not suitable for use by the Bureau, said
request of the Director on the basis of a consolidated annual budget of a vehicles shall be sold at public auction, the proceeds of which shall accrue
work program approved by the Department Head and the President. to the Development Fund of the Bureau.
In the case of the special deposit revolving fund, withdrawals therefrom In case the offender is a government official or employee, he shall, in
shall be effected by the Department Head on the basis of a consolidated addition to the above penalties, be deemed automatically dismissed from
annual budget prepared by the Director of a work program for the office and permanently disqualified from holding any elective or
specific purposes mentioned in Section 65. appointive position.
Section 67. Basis of Assessment. Tree measurement shall be the basis for Section 70. Pasturing Livestock. Imprisonment for not less than six (6)
assessing government charges and other fees on timber cut and removed months nor more than two (2) years and a fine equal to ten (10) times the
from forest lands, alienable or disposable lands, and the civil regular rentals due, in addition to the confiscation of such livestock and
reservations; Provided, That until such time as the mechanics of tree all improvement introduced in the area in favor of the government, shall
measurement shall have been developed and promulgated in rules and be imposed upon any person, who shall, without authority under a lease
regulations, the present scaling method provided for in the National or permit, graze or cause to graze livestock in forest lands, grazing lands
Internal Revenue Code shall be used. and alienable and disposable lands which have not as yet been disposed
of in accordance with the Public Land Act; Provided, That in case the
offender is a corporation, partnership or association, the officers and
The Director may, with the approval of the Department Head, prescribe a
directors thereof shall be liable.
new method of assessment of forest products and collection of charges
Section 71. Illegal occupation of national parks system and recreation more than ten thousand (P10,000.00) pesos in addition to the
areas and vandalism therein. Any person who shall, without permit, confiscation of such implements and devices, and the automatic
occupy for any length of time any portion of the national parks system or cancellation of the license agreement, lease, license or permit, if the
shall, in any manner, cut, destroy, damage or remove timber or any offender is a holder thereof, shall be imposed upon any person who shall,
species of vegetation or forest cover and other natural resources found without authority from the Director or his authorized representative,
therein, or shall mutilate, deface or destroy objects of natural beauty or of make, manufacture, or has in his possession any government marking,
scenic value within areas in the national parks system, shall be fined not hatchet or other marking implement, or any marker, poster, or other
less than two hundred (P200.00) pesos or more than five hundred devices officially used by officers of the Bureau for the marking or
(P500.00) pesos exclusive of the value of the thing damaged; Provided, identification of timber or other products, or any duplicate, counterfeit, or
That if the area requires rehabilitation or restoration as determined by imitation thereof, or make or apply a government mark on timber or any
the Director, the offender shall also be required to restore or compensate other forest products by means of any authentic or counterfeit device, or
for the restoration of the damage; Provided, Further, That any person alter, deface, or remove government marks or signs, from trees, logs,
who, without proper permit shall hunt, capture or kill any kind of bird, stumps, firewoods or other forest products, or destroy, deface, remove or
fish or wild animal life within any area in the national parks system shall disfigure any such mark, sign, poster or warning notices set by the
be subject to the same penalty; Provided, Finally, That the Court shall Bureau to designate the boundaries of cutting areas, municipal or city
order eviction of the offender from the land and the forfeiture in favor of forest or pasture, classified timber land, forest reserve, and areas under
the Government of all timber or any species of vegetation and other the national park system or to make any false mark or imitation of any
natural resources collected or removed, and any construction or mark or sign herein indicated; Provided, That if the offender is a
improvement made thereon by the offender. If the offender is an corporation, partnership or association, the officers and directors thereof
association or corporation, the president or manager shall be directly shall be liable.
responsible and liable for the act of his employees or laborers.
Section 78. Payment, collection and remittance of forest charges. Any
In the event that an official of a city or municipal government is primarily person who fails to pay the amount due and payable under the provisions
responsible for detecting and convicting the violator of the provisions of of this Code, the National Internal Revenue Code, or the rules and
this Section, fifty per centum (50%) of the fine collected shall accrue to regulations promulgated thereunder, shall be liable to the payment of a
such municipality or city for the development of local parks. surcharge of twenty-five per centum (25%) of the amount due and
payable.
Section 72. Destruction of wildlife resources. Any person violating the
provisions of Section 55 of this Code, or the regulations promulgated Any person who fails or refuses to remit to the proper authorities said
thereunder, shall be fined not less than one hundred (P100.00) pesos for forest charges collectible pursuant to the provisions of this Code or the
each such violation and in addition shall be denied a permit for a period National Internal Revenue Code, or who delays, obstructs or prevents the
of three (3) years from the date of the violation. same, or who orders, causes or effects the transfer or diversion of the
funds for purposes other than those specified in this Code, for each such
offense shall, upon conviction, be punished by a fine of not exceeding one
Section 73. Survey by unauthorized person. Imprisonment for not less
hundred thousand pesos (P100,000.00) and/or imprisonment for a
than two (2) nor more than four (4) years, in addition to the confiscation
period of not exceeding six (6) years in the discretion of the Court. If the
of the implements used in the violation of this section including the
offender is a government official or employee, he shall, in addition, be
cancellation of the license, if any, shall be imposed upon any person who
dismissed from the service with prejudice to reinstatement and with
shall, without permit to survey from the Director, enter any forest lands,
disqualification from holding any elective or appointive office.
whether covered by a license agreement, lease, license, or permit, or not,
and conduct or undertake a survey for whatever purpose.
If the offender is a corporation, partnership or association, the officers
and directors thereof shall be liable.
Section 74. Misclassification and survey by government official or
employee. Any public officer or employee who knowingly surveys,
classifies, or recommends the release of forest lands as alienable and Section 79. Sale of wood products. No person shall sell or offer for sale
disposable lands contrary to the criteria and standards established in this any log, lumber, plywood or other manufactured wood products in the
Code, or the rules and regulations promulgated hereunder, shall, after an international or domestic market unless he complies with grading rules
appropriate administrative proceeding, be dismissed from the service and established or to be established by the Government.
with prejudice to re-employment, and upon conviction by a court of
competent jurisdiction, suffer an imprisonment of not less than one (1)
Failure to adhere to the established grading rules and standards, or any
year and a fine of not less than one thousand, (P1,000.00) pesos. The
act of falsification of the volume of logs, lumber, or other forest products
survey, classification or release of forest lands shall be null and void.
shall be a sufficient cause for the suspension of the export, sawmill, or
other license or permit authorizing the manufacture or sale of such
Section 75. Tax declaration on real property. Imprisonment for a period products for a period of not less than two (2) years.
of not less than two (2) nor more than four (4) years and perpetual
disqualification from holding an elective or appointive office, shall be
A duly accredited representative of the Bureau shall certify to the
imposed upon any public officer or employee who shall issue a tax
compliance by the licensees with grading rules.
declaration on real property without a certification from the Director of
Forest Development and the Director of Lands or their duly designated
representatives that the area declared for taxation is alienable and Every dealer in lumber and other building material covered by this Code
disposable lands, unless the property is titled or has been occupied and shall issue an invoice for each sale of such material and such invoice shall
possessed by members of the national cultural minorities prior to July 4, state that the kind, standard and size of material sold to each purchaser in
1955. exactly the same as described in the invoice. Any violation of this Section
shall be sufficient ground for the suspension of the dealer's license for a
period of not less than two (2) years and, in addition thereto, the dealer
Section 76. Coercion and influence. Any person who coerces, influences,
shall be punished for each such offense by a fine of not less than two
abets or persuades the public officer or employee referred to in the two
hundred pesos (P200.00) or the total value of the invoice, whichever is
preceding sections to commit any of the acts mentioned therein shall
greater.
suffer imprisonment of not less than one (1) year and pay a fine of five
hundred (P500.00) pesos for every hectare or a fraction thereof so
improperly surveyed, classified or released. Section 80. Arrest; Institution of criminal actions. A forest officer or
employee of the Bureau shall arrest even without warrant any person
who has committed or is committing in his presence any of the offenses
Section 77. Unlawful possession of implements and devices used by forest
defined in this Chapter. He shall also seize and confiscate, in favor of the
officers. Imprisonment for a period of not less than (2) nor more than four
Government, the tools and equipment used in committing the offense,
(4) years and a fine of not less than one thousand pesos (P1,000.00), nor
and the forest products cut, gathered or taken by the offender in the presence any of the offenses defined in this Chapter. He shall also seize
process of committing the offense. The arresting forest officer or and confiscate, in favor of the Government, the tools and equipment used
employee shall thereafter deliver within six (6) hours from the time of in committing the offense, and the forest products cut, gathered or taken
arrest and seizure, the offender and the confiscated forest products, tools by the offender in the process committing the offense. The arresting
and equipment to, and file the proper complaint with, the appropriate forest officer or employee shall thereafter deliver within six (6) hours
official designated by law to conduct preliminary investigations and file from the time of arrest and seizure, the offender and the confiscated
informations in court. 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.
If the arrest and seizure are made in the forests, far from the authorities
designated by law to conduct preliminary investigations, the delivery to,
and filing of the complaint with, the latter shall be done within a If the arrest and seizure are made in the forest, far from the authorities
reasonable time sufficient for ordinary travel from the place of arrest to designated by the law to conduct preliminary investigations, the delivery
the place of delivery. The seized products, materials and equipment shall to, and filing of the complaint with, the latter shall be done within a
be immediately disposed of in accordance with forestry administrative reasonable time sufficient to the place of delivery. The seized products,
orders promulgated by the Department Head. materials and equipment shall be immediately disposed of in accordance
with forestry administrative orders promulgated by the Department
Head.
The Department Head may deputize any member or unit of the Philippine
Constabulary, police agency, barangay or barrio official, or any qualified
person to protect the forest and exercise the power or authority provided The Department Head may deputized any agency, Bering or barrio
for in the preceding paragraph. official, or any qualified person to protect the forest and exercise the
power or authority provided for in the preceding paragraph.
Reports and complaints regarding the commission of any of the offenses
defined in this Chapter, not committed in the presence of any forest Reports and complaints regarding the commission of any of the offenses
officer or employee, or any of the deputized officers or officials, shall defined in this Chapter, not committed in the presence of any forest
immediately be investigated by the forest officer assigned in the area officer or employee, or any personnel of the Philippine
where the offense was allegedly committed, who shall thereupon receive Constabulary/Integrated National Police or any of the deputized officers
the evidence supporting the report or complaint. of officials, shall immediately be investigated by the forest officer
assigned in the area or any personnel of the Philippine
Constabulary/Integrated National Police where the offense was allegedly
If there is prima facie evidence to support the complaint or report, the
committed, who shall thereupon receive the evidence supporting the
investigating forest officer shall file the necessary complaint with the
report or complaint. If there is a prima facie evidence to support the
appropriate official authorized by law to conduct a preliminary
complaint or report the investigating forest officer and/ or members of
investigation of criminal cases and file an information in Court.
the Philippine Constabulary/Integrated National Police shall file the
necessary complaint with the appropriate official authorized by law to
PD No. 1775: AMENDING SECTION EIGHTY OF PRESIDENTIAL conduct a preliminary investigation of criminal case and file an
DECREE NUMBERED SEVEN HUNDRED FIVE, AS AMENDED, information in Court."
OTHERWISE KNOWN AS THE "REVISED FORESTRY CODE OF THE
PHILIPPINES."
Executive Order No. 318: PROMOTING SUSTAINABLE FOREST
MANAGEMENT IN THE PHILIPPINES
WHEREAS, it is of common knowledge that only few criminal cases are WHEREAS, the Constitution provides for the protection and
being filed against violators of the forestry laws, rules and regulations advancement of the right of the people to a balanced and healthy
because of the apparent lack of manpower in the prosecuting arm of the environment in accord with the rhythm and harmony of nature, to
Bureau of Forestry Development which predicament could not be feasibly protect the Filipino people from disaster like floods or landslide, and from
augmented due to the present economic situation of the country; threats to environmental and economic security like wood and water
shortage, biodiversity loss, air pollution and drought. Likewise, it
WHEREAS, it is of common knowledge that only few criminal cases are provides for the full, efficient and rights-based use of natural resources to
being filed against violators of the forestry laws, rules and regulations abate poverty, promote industrialization and full employment, affirm the
because of the apparent lack of manpower in the prosecuting arm of the diverse cultures of the Filipino, and ensure their availability to present
Bureau of Forestry Development which predicament could not be feasibly and future generations;
augmented due to the present economic situation of the country;
WHEREAS, Sustainable Forest Management (SFM) is provided in the
Global Plan of implementation of the World Summit on Sustainable
WHEREAS, Section 80 of the "Revised Forestry Code of the Philippines", Development adopted in Johannesburg, as an international strategy for
or any other law, rule and regulation does not authorize members of the developing and managing forests;
Philippine Constabulary/Integrated National Police to file complaints
against forest law violators except when they are lawfully deputized by WHEREAS, important socio-economic and environmental changes and
the Minister of Agriculture and Natural Resources pursuant to the said policy reforms that directly affect the forestry sector have taken place
Code; since the issuance in 1975 of Presidential Decree No. 705, otherwise
known as the Revised Forestry Code of Philippines, and unless and until
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the otherwise directed by Congress, there is a need to provide guidance to
Philippines, by virtue of the powers vested in me by the Constitution, do national agencies and instrumentalities on how to best harmonize these
hereby degree that: policy reforms and make the forestry sector responsive to external
changes, and attain SFM in the Philippines;
SECTION 1. Section 80 of Presidential Decree No. 705 is amended to read WHEREAS, logging or any commercial exploitation of forestry resources
as follows: in old growth forests, proclaimed watersheds and other areas covered by
the National Integrated Protected Areas System (NIPAS) is prohibited to
"Sec. 80. Arrest: institution of criminal actions. - ensure the perpetual existence of all native plants and animals;
2. Conversions of forestlands into non-forestry uses shall be 2.5 Proper Valuation and Pricing of Forestry Resources and
allowed only through an act of Congress and upon the Financing SFM
recommendation of concerned government agencies.
1. Mechanism for proper valuation and fair and comprehensive
2.2. Holistic, Sustainable and Integrated Development of Forestry pricing of forest products and services, including water for
Resources domestic, industrial, irrigation and power generation,
biodiversity and eco-tourism, shall be developed and
promoted.
1. The development and management of the Philippines forests
and forestlands including the coastal forests shall be for the
2. Local, regional and national plow-back mechanisms of utilizing
highest and widest public benefit and shall be based on the
proceeds from the use of watersheds, forests and forestlands
inherent productive capacity and sustainable use of these
for ecological and environmental services such as, but not
resource for the present and future generation of Filipinos.
limited to power generation, supplying domestic and irrigation
water, and eco-tourism, shall be developed and promoted to
2. The priority development, protection and management activity finance forest protection, rehabilitation, and development.
of any management unit shall be the rehabilitation of open
and/or denuded, degraded, fragile forestlands; and slope 3. Appropriate and doable mechanisms for adopting the
stabilization and protection to address occurrence of floods, principles of environment and natural resources accounting
landslides and similar ecological disasters. (ENRA) and watershed ecosystems as minimum spatial units of
accounts shall be developed and institutionalized.
3. The establishment of tree parks, regreening
and roadside planting of forest species in open and appropriate 4. Innovative financial systems and approaches, such as
spaces shall be prioritized to mitigate worsening urban air securitization, bonds and collaborative investments, shall be
quality and global warming. encouraged to support sustainable forest management and
enterprises and the conservation of forest-based biodiversity
2.3. Community-Based Forest Conservation and Development in the Philippines.
3. Local cultures, values, traditions, religious beliefs and the 1. The principles and practices of good governance such as
rights of indigenous peoples to their ancestral lands and transparency, accountability and participatory decision-
domains as promoted and/or defined by existing legislation making, in transactions, decisions and actions affecting
shall be recognized and respected in all forestry undertakings forestry, in all levels, and the policy of streamlining,
of the State and the private sector.
decentralization, devolution and deregulation shall be adopted, WHEREAS, entrusting the responsibility for forest rehabilitation,
promoted and institutionalized in the Government service. protection, and conservation to the community of stakeholders and
affording them equitable access to the forest and coastal resources are
2. Partnerships and collaboration between and among the DENR, viable forestland management strategies as borne by the experience of
NGAs/OGAs, LGUs, professional forestry organizations, local the DENR and various supporting agencies;
communities, civic groups, CSOs,
basic sectors, academic and other research and development NOW, THEREFORE, I FIDEL V. RAMOS, President of the Philippines, by
institutions and other stakeholders shall be promoted. virtue of the powers vested in me by law, do hereby order that:
Sec. 12. The DENR Secretary shall issue new rules, regulations,
Every permit to possess and/or use a chain saw for legitimate purpose
procedures, and guidelines necessary to implement this Order and repeal
shall be valid for two (2) years upon issuance: Provided, That permits to
or modify existing ones consistent with the policies set forth by the CBFM
possess and use chainsaw issued to non-commercial orchard and fruit
Steering Committee.
tree farmers shall be valid for a period of five (5) years upon issuance. For
this purpose, the Department shall be allowed to collect reasonable
Sec. 13. The DENR Secretary shall, within six months from the signing of registration fees for the effective implementation of this Act.
this Order, submit to the Office of the President, a National
Comprehensive Community Forestry Action Plan, which embodies the
Section 7. Penal Provisions. -
Department's short, medium and long-term plans. The action plan shall
be discussed and approved by the CBFM Steering Committee prior to its
submission to the President. (a) Selling, Purchasing, Re-selling, Transferring, Distributing or
Possessing a Chain Saw Without a Proper Permit. - Any person
who sells, purchases, transfer the ownership, distributes or
Sec. 14. All previous executive and administrative issuances which are
otherwise disposes or possesses a chain saw without first
inconsistent herewith are repealed or amended accordingly.
securing the necessary permit from the Department shall be
punished with imprisonment of four (4) years, two (2) months
and one (1) day to six (6) years or a fine of not less than Fifteen
thousand pesos (P15,000.00) but not more Thirty thousand
pesos (30,000.00) or both at the discretion of the court, and
Republic Act No. 9175 : Chain Saw Act of 2002
the chain saw/s confiscated in favor of the government.
The chain saws confiscated under this Section shall be sold at public
auction to qualified buyers and the proceeds thereof shall go to the
Department.