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ADDITIONAL STUDY
MATERIALS:
1. RA 9593 ("The Tourism Act of 2009"), with emphasis on Section 33

Section 33. National Integrated Protected Areas System (NIPAS) and the National
Ecotourism Policy. - The Department, in coordination with the Department of Environment
and Natural Resources (DENR), shall identify areas covered by the NIPAS with
ecotourism potentials and cultural heritage value, and prepare policies, plans and
programs for their development, preservation, operation or conversion into TEZs. The
designation of these areas as TEZs shall be subject to the provisions of Subchapter IV - A
of this Act.

The ecotourism sites in the National Ecotourism Strategy pursuant to Executive Order No.
111 (1999) may also be developed into TEZs with the National Ecotourism Steering
Committee responsible for finding the appropriate TEZ operator for the sites.

2. Republic Act (R.A.) No. 10067, otherwise known as the "Tubbataha Reefs Natural Park
(TRNP) Act of 2009"

3. EO 79 (INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE

MINING SECTOR PROVIDING POLICIES AND GUIDELINES TO ENSURE
ENVIRONMENTAL PROTECTION AND RESPONSIBLE MINING IN THE UTILIZATION
OF MINERAL RESOURCES), issued July 6, 2012, with emphasis on Section 1

SECTION 1. Areas Closed to Mining Applications. Applications for mineral

contracts, concessions, and agreements shall not be allowed in the following:

a) Areas expressly enumerated under Section 19 of RA No. 7942;

b) Protected areas categorized and established under the National Integrated

Protected Areas System (NIPAS) under RA No. 7586;

c) Prime agricultural lands, in addition to lands covered by RA No. 6657, or the

Comprehensive Agrarian Reform Law of 1988, as amended, including
plantations and areas devoted to valuable crops, and strategic agriculture and
fisheries development zones and fish refuge and sanctuaries declared as such
by the Secretary of the Department of Agriculture (DA);

d) Tourism development areas, as identified in the National Tourism

Development Plan (NTDP); and,

e) Other critical areas, island ecosystems, and impact areas of mining as

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determined by current and existing mapping technologies, that the DENR may
hereafter identify pursuant to existing laws, rules, and regulations, such as, but
not limited to, the NIPAS Act.

Mining contracts, agreements, and concessions approved before the effectivity

of this Order shall continue to be valid, binding, and enforceable so long as they
strictly comply with existing laws, rules, and regulations and the terms and
conditions of the grant thereof. For this purpose, review and monitoring of such
compliance shall be undertaken periodically.

4. RA 9729 (Climate Change Act), with emphasis on Section 2

Section 2. Declaration of Policy. – It is the policy of the State to afford full protection and
the advancement of the right of the people to a healthful ecology in accord with the rhythm
and harmony of nature. In this light, the State has adopted the Philippine Agenda 21
framework which espouses sustainable development, to fulfill human needs while
maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for
the benefit of humankind, on the basis of climate justice or common but differentiated
responsibilities and the Precautionary Principle to guide decision-making in climate
risk management. As a party to the United Nations Framework Convention on Climate
Change, the State adopts the ultimate objective of the Convention which is the
stabilization of greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system which should be
achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate
change, to ensure that food production is not threatened and to enable economic
development to proceed in a sustainable manner.  As a party to the Hyogo Framework
1awphil

for Action, the State likewise adopts the strategic goals in order to build national and local
resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities,
particularly the poor, women, and children, to potential dangerous consequences of
climate change such as rising seas, changing landscapes, increasing frequency and/or
severity of droughts, fires, floods and storms, climate-related illnesses and diseases,
damage to ecosystems, biodiversity loss that affect the country’s environment, culture,
and economy, the State shall cooperate with the global community in the resolution of
climate change issues, including disaster risk reduction. It shall be the policy of the State
to enjoin the participation of national and local governments, businesses,
nongovernment organizations, local communities and the public to prevent and reduce the
adverse impacts of climate change and, at the same time, maximize the benefits of
climate change. It shall also be the policy of the State to incorporate a gender-
sensitive, pro-children and pro-poor perspective in all climate change and renewable
energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate,
consolidate and institutionalize government initiatives to achieve coordination in the
implementation of plans and programs to address climate change in the context of
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sustainable development.

Further recognizing that climate change and disaster risk reduction are closely interrelated
and effective disaster risk reduction will enhance climate change adaptive capacity, the
State shall integrate disaster risk reduction into climate change programs and
initiatives.

Cognizant of the need to ensure that national and subnational government policies, plans,
programs and projects are founded upon sound environmental considerations and the
principle of sustainable development, it is hereby declared the policy of the State to
systematically integrate the concept of climate change in various phases of policy
formulation, development plans, poverty reduction strategies and other development tools
and techniques by all agencies and instrumentalities of the government.

5. RA 9367 (Biofuels Act), with emphasis on Section 2

SEC. 2. Declaration Policy - It is hereby declared the policy of the State to reduce
dependence on imported fuels with due regard to the protection of public health, the
environment, and the natural ecosystems consistent with the country's sustainable
economic growth that would expand opportunities for livelihood by mandating the use of
biofuels as a measure to:

a) Develop and utilize indigenous renewable and sustainable-sources clean energy

sources to reduce dependence on imported oil.

b) Mitigate toxic and greenhouse gas (GSG) emissions;

c) increase rural employment and income; and

d) Ensure the availability of alternative and renewable clean energy without any
detriment to the natural ecosystem, biodiversity and food reserves of the country.

6. RA 10174 (People's Survival Fund), with emphasis on Section 13

Section 13. Insert and renumber Sections 18, 19, 20, 21, 22, 23, 24 and 25 in Republic Act
No. 9729 to read as follows:

"SEC. 18. Creation of the People’s Survival Fund. – A People’s Survival Fund (PSF)
is hereby established as a special fund in the National Treasury for the financing of
adaptation programs and projects based on the National Strategic Framework."

"SEC. 19. Sources of the Fund. – The amount of One billion pesos
(P1,000,000,000.00) shall be appropriated under the General Appropriations Act
(GAA) as opening balance of the PSF. Thereafter, the balance of the PSF from all
sources including the amount appropriated in the GAA for the current year shall not
be less than One billion pesos (P1,000,000,000.00): Provided, That the balance of
the PSF may be increased as the need arises, subject to review and evaluation by
the Office of the President and the Department of Budget and Management (DBM) of
the accomplishments of the Commission and other concerned LGUs: Provided,
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further, That the PSF shall not be used to fund personal services and other
operational expenses of the Commission: Provided, furthermore, That the balance of
the PSF including the amount appropriated in the GAA which shall form part of the
fund shall not revert to the general fund: Provided, finally, That the Commission shall
submit to Congress and the DBM a semi-annual physical/narrative and financial
report on the utilization of the PSF.

The PSF may be augmented by donations, endowments, grants and contributions,

which shall be exempt from donor’s tax and be considered as allowable deductions
from the gross income of the donor, in accordance with the provisions of the National
Internal Revenue Code of 1997, as amended."

"SEC. 20. Uses of the Fund. – The fund shall he used to support adaptation
activities of local governments and communities such as, but not limited to, the
following:

(a) Adaptation activities, where sufficient information is available to warrant

such activities, in the areas of water resources management, land
management, agriculture and fisheries, health, infrastructure
development, natural ecosystems including mountainous and coastal
ecosystems;

(b) Improvement of the monitoring of vector-borne diseases triggered by

climate change, and in this context improving disease control and prevention;

(c) Forecasting and early warning systems as part of preparedness for

climate-related hazards;

(d) Supporting institutional development, for local governments, in partnership

with local communities and civil society groups, for preventive measures,
planning, preparedness and management of impacts relating to climate
change, including contingency planning, in particular, for droughts and floods
in areas prone to extreme climate events;

(e) Strengthening existing; and where needed, establish regional centers and
information networks to support climate change adaptation initiatives and
projects;

(f) Serving as a guarantee for risk insurance needs for farmers, agricultural
workers and other stakeholders; and

(g) Community adaptation support programs by local organizations

accredited by the Commission.

The fund shall be suppletory to any annual appropriations allocated by relevant

government agencies for climate change-related programs and projects and by
LQUs. The fund shall encourage counterpart funding arrangements among local
governments, community organizations, the private sector, and other entities."

"SEC. 21. The People’s Survival Fund Board. – There is hereby created a People’s
Page 5 of 22

Survival Fund Board, hereinafter referred to as the PSF Board, which shall be lodged
under the Commission. It shall be composed of the following:

(a) Secretary of the Department of Finance as Chair;

(b) Vice Chairperson of the Commission;

(c) Secretary of the Department of Budget and Management;

(d) Director-General of the National Economic and Development Authority;

(e) Secretary of the Department of the Interior and Local Government;

(f) Chairperson of the Philippine Commission on Women;

(g) A representative from the academe and scientific community;

(h) A representative from the business sector; and

(i) A representative from the NGOs: Provided, That the organizations of the

academe and scientific community, business and NGO representatives of the
PSF Board are disqualified from accessing the fund during their term, as set
by the Commission, and a year after their tenure in the PSF Board shall have
been terminated or completed. The said representatives shall be identified
nod designated as such by the Commission."

"SEC. 22. Powers and Functions of the PSF Board. – The PSF Board, which shall
convene at least twice a year, shall have the following powers and functions:

(a) Promulgate policies that will maintain the fiduciary character of the Board;

(b) Provide overall strategic guidance in the management and use of the fund
including, but not limited to, the development of funding windows for various
adaptation activities, including counterpart funding arrangements, and
guidelines for project assessment, approval and evaluation;

(c) Develop social, financial and environmental safeguards to be used in

project implementation;

(d) Identify additional sources for the fund;

(e) Issue final approval of projects for the use of the fund;

(f) Adopt a conflict of interest policy to ensure that board members will not
vote on projects if they have a direct stake therein; and

(g) Ensure an independent third party evaluation and auditing of activities

supported by the fund, taking into consideration the principles of transparency
and accountability, and government accounting and auditing roles and
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regulations."

"SEC 23. Role of the Commission in the Utilization of the People’s Survival Fund.

– The Climate Change Office, headed by the Vice Chairperson of the Commission,
shall evaluate and review the project proposals, and, with the concurrence and
endorsement of a majority of the climate change Commissioners appointed by the
President, recommend approval of project proposals to the PSF Board based on the
policies, guidelines, and safeguards, agreed by the PSF Board. The Commission
shall utilize the expertise of relevant government agencies in its advisory board and
the national panel of technical experts in the project appraisal, monitoring and
evaluation process. The Commission shall not be a project implementor.

The Commission shall formulate mechanisms that ensure transparency and public
access to information regarding funding deliberations and decisions.

The Commission shall develop guidelines to accredit local organizations seeking to

access the fund. Organizations will be accredited based on criteria such as
organizational independence, track record in the community and/or field of expertise,
financial management, and participatory practices."

"SEC. 24. Prioritization of Fund Allocation. – The Commission shall develop

criteria to prioritize use of the fund based on, but not. limited to, the following:

(a) Level of risk and vulnerability to climate change;

(b) Participation of affected communities in the design of the project;

(c) Poverty reduction potential;

(d) Cost effectiveness and attainability of the proposal;

(e) Identification of potential co-benefits extending beyond LGU territory;

(f) Maximization of multi-sectoral or cross-sectoral benefits;

(g) Responsiveness to gender-differentiated vulnerabilities; and

(h) Availability of climate change adaptation action plan."

"SEC. 25. Community Participation. – To ensure transparency and participation of

vulnerable and marginalized groups in the adaptation projects to be supported by the
fund, community representatives and/or NGO counterparts may participate as
observers in the project identification, monitoring and evaluation process of the
Commission."

7. EO 193 (Expansion of National Greening Program), issued on November 12, 2015

EXECUTIVE ORDER NO. 193

Page 7 of 22

EXPANDING THE COVERAGE OF THE NATIONAL GREENING PROGRAM

WHEREAS, Section 16, Article II of the Constitution provides that the State shall protect
and advance the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature;

WHEREAS, Executive Order (EO) No. 26 (s. 2011) or the “National Greening Program”
was implemented as a government priority program to reduce poverty, promote food
security, environmental stability and biodiversity conservation, and enhance climate
change mitigation and adaptation;

WHEREAS, in its Global Forest Resources Assessment for CY 2015, the Food and
Agriculture Organization ranked the Philippines as 5th worldwide in the greatest forest
area gain from 2010 to 2015;

WHEREAS, with the threat of climate change, forests and forestry remain as the carbon
sink that could sustain the industrial development and economic growth of the country;

WHEREAS, there is still an estimated 7.1 million hectares of unproductive, denuded and
degraded forestlands which contribute to environment-related risks such as soil erosion,
landslides, and flooding;

WHEREAS, in order to accelerate the rehabilitation and reforestation of these

unproductive, denuded and degraded areas, the Government shall involve the participation
and investment of the private sector with a view towards enabling private companies to
achieve carbon neutrality; and

WHEREAS, consistent with the updated Master Plan for Forestry Development (2016 –
2028), there is a need to harmonize all forest development activities that will encourage
and enhance development of forest plantations including forest parks, with greater
participation from the private sector, local government units and organized upland
communities.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue

of the powers vested in me by law, do hereby order:

SECTION 1. Expanded National Greening Program. The coverage of the National

Greening Program is hereby expanded to cover all the remaining unproductive, denuded
and degraded forestlands and its period of implementation is likewise extended from 2016
to 2028.

All sectors, particularly the private sector, are encouraged to actively participate in the
Expanded National Greening Program.

SECTION 2. Implementing Rules and Regulations. The Department of Environment and

Natural Resources (DENR) is hereby directed to issue the appropriate rules and regulations
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within sixty (60) days from the effectivity of this Order.

SECTION 3. Funding. The funding necessary for the implementation of this Order shall be
charged against the current appropriation of the DENR. Subsequent funding requirements
shall be incorporated in the annual budget proposal of the DENR through the General
Appropriations Act.

8. EXECUTIVE ORDER NO. 247 May 18, 1995 (GUIDELINES AND A REGULATORY
FRAMEWORK FOR THE PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES,
THEIR BY-PRODUCTS AND DERIVATIVES, FOR SCIENTIFIC AND COMMERCIAL
PURPOSES)

9. Republic Act No. 8485 (Animal Welfare Act) with emphasis on Sections 7 and 8

Sec. 7. It shall be the duty of every person to protect the natural habitat of the
wildlife. The destruction of said habitat shall be considered as a form of cruelty to
animals and its preservation is a way of protecting the animals.

Sec. 8. Any person who violates any of the provisions of this Act shall, upon conviction
by final judgment, be punished by imprisonment of not less than six (6) months nor
more than two (2) years or a fine or not less than One thousand pesos (P1,000) nor more
than Five thousand pesos (P5,000) or both at the discretion of the Court. If the violation
is committed by a juridical person, the officer responsible therefor shall serve the
imprisonment when imposed. If the violation is committed by an alien, he or she shall
be immediately deported after service of sentence without any further proceedings.

STUDY ALSO Wildlife Resources Conservation and Protection Act (Republic Act
No. 9147).

10. Republic Act No. 8371 (IPRA), with emphasis on Sections 9, 35, 36, 58, 72

Section 9. Responsibilities of ICCs/IPs to their Ancestral Domains. - ICCs/IPs

occupying a duly certified ancestral domain shall have the following responsibilities:

a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced

ecology in the ancestral domain by protecting the flora and fauna, watershed areas,
and other reserves;

b. Restore Denuded Areas- To actively initiate, undertake and participate in the

reforestation of denuded areas and other development programs and projects
subject to just and reasonable remuneration; and

c. Observe Laws- To observe and comply with the provisions of this Act and the
rules and regulations for its effective implementation.

Section 35. Access to Biological and Genetic Resources. - Access to biological and

genetic resources and to indigenous knowledge related to the conservation, utilization and
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enhancement of these resources, shall be allowed within ancestral lands and domains of
the ICCs/IPs only with a free and prior informed consent of such communities, obtained in
accordance with customary laws of the concerned community.

Section 36. Sustainable Agro-Technical Development. - The State shall recognize the

right of ICCs/IPs to a sustainable agro-technological development and shall formulate and
implement programs of action for its effective implementation. The State shall likewise
promote the bio-genetic and resource management systems among the ICCs/IPs and shall
encourage cooperation among government agencies to ensure the successful sustainable
development of ICCs/IPs.

Section 58. Environmental Consideration. - Ancestral domains or portion thereof, which

are found necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness,
protected areas, forest cover, or reforestation as determined by the appropriate agencies
with the full participation of the ICCs/IPs concerned shall be maintained, managed and
developed for such purposes. The ICCs/IPs concerned shall be given the responsibility to
maintain, develop, protect and conserve such areas with the full and effective assistance of
the government agencies. Should the ICCs/IPs decide to transfer the responsibility over the
areas, said decision must be made in writing. The consent of the ICCs/IPs should be
arrived at in accordance with its customary laws without prejudice to the basic requirement
of the existing laws on free and prior informed consent: Provided, That the transfer shall be
temporary and will ultimately revert to the ICCs/IPs in accordance with a program for
technology transfer: Provided, further, That no ICCs/IPs shall be displaced or relocated for
the purpose enumerated under this section without the written consent of the specific
persons authorized to give consent.

Section 72. Punishable Acts and Applicable Penalties. - Any person who commits
violation of any of the provisions of this Act, such as, but not limited to, authorized
and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10,
Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24,
Chapter V, Section 33, Chapter VI hereof, shall be punished in accordance with the
customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be cruel,
degrading or inhuman punishment: Provided, further, That neither shall the death penalty or
excessive fines be imposed. This provision shall be without prejudice to the right of any
ICCs/IPs to avail of the protection 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 less than One
hundred thousand pesos (P100,000) nor more than Five hundred thousand pesos
(P500,000) or both such fine and imprisonment upon the discretion of the court. In addition,
he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been
suffered by the latter as a consequence of the unlawful act.

11. Republic Act No. 6657 (CARP law) with emphasis on Section 10

SECTION 10. Exemptions and Exclusions. – Lands actually, directly and

exclusively used and found to be necessary for parks, wildlife, forest reserves,
reforestation, fish sanctuaries and breeding grounds, watersheds, and
mangroves, national defense, school sites and campuses including experimental farm
stations operated by public or private schools for educational purposes, seeds and
seedlings research and pilot production centers, church sites and convents appurtenant
Page 10 of 22

thereto, mosque sites and Islamic centers appurtenant thereto, communal burial
grounds and cemeteries, penal colonies and penal farms actually worked by the
inmates, government and private research and quarantine centers and all lands with
eighteen percent (18%) slope and over, except those already developed shall be
exempt from the coverage of this Act.

12. Republic Act No. 9275 (Clean Water Act) with emphasis on Sections 27 and 28
SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:

a) Discharging, depositing or causing to be deposited material of any kind directly or

indirectly into the water bodies or along the margins of any surface water, where, the
same shall be liable to be washed into such surface water, either by tide action or by
storm, floods or otherwise, which could cause water pollution or impede natural flow
in the water body;

b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in
any form that would pollute groundwater. In the case of geothermal projects, and
subject to the approval of the Department, regulated discharge for short- term
activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of
geothermal liquids may be allowed: Provided, That safety measures are adopted to
prevent the contamination of the groundwater;

c) Operating facilities that discharge regulated water pollutants without the valid
required permits or after the permit was revoked for any violation of any condition
therein;

d) Disposal of potentially infectious medical waste into sea water by vessels unless
the health or safety of individuals on board the vessel is threatened by a great and
imminent peril;

e) Unauthorized transport or dumping into sea waters of sewage sludge or solid

waste as defined under Republic Act No.9003;

f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants

listed under Republic Act No.6969;

g) Operate facilities that discharge or allow to seep, willfully or through gross

negligence, prohibited chemicals, substances or pollutants listed under R. A. No.
6969 into water bodies or wherein the same shall be liable to be washed into such
surface, ground, coastal, and marine water;

h) Undertaking activities or development and expansion of projects, or operating

wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its
implementing rules, and regulations;

i) Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act or after the permit was revoked for any violation of condition
therein;

j) Non-compliance of the LGU with the Water Quality Framework and Management
Area Action Plan. In such a case, sanctions shall be imposed on the local
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government officials concerned;

k) Refusal to allow entry, inspection and monitoring by the Department in accordance

with this Act;

l) Refusal to allow access by the Department to relevant reports and records in

accordance with this Act;

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

accordance with this Act;

n) Refusal or failure to designate pollution control officers whenever required by, the
Department in accordance with this Act; and

o) Directly using booster pumps in the distribution system or tampering with the water
supply in such a way as to alter or impair the water quality.

SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any
person who commits any of the prohibited acts provided in the immediately preceding section
or violates any of the provision of this Act or its implementing rules and regulations, shall be
fined by the Secretary, upon the recommendation of the PAB in the amount of not less than
Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos
(P200,000.00) for every day of violation. The fines herein prescribed shall be increased by
ten percent (10%) every two (2) years to compensate for inflation and to maintain the
deterrent function of such fines: Provided, That the Secretary, upon recommendation of the
PAB may order the closure, suspension of development or construction, or cessation of
operations or, where appropriate disconnection of water supply, until such time that proper
environmental safeguards are put in place and/or compliance with this Act or its rules and
regulations are undertaken. This paragraph shall be without prejudice to the issuance of
an ex parte order for such closure, suspension of development or construction, or cessation
of operations during the pendency of the case.

Failure to undertake clean-up operations, willfully, or through gross negligence, shall be

punished by imprisonment of not less than two (2) years and not more than four (4) years
and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal
which results in serious injury or loss of life and/or irreversible water contamination of
surface, ground, coastal and marine water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve (12) years, and a fine of Five
Hundred Thousand Pesos (P500,000.00) per day for each day during which the omission
and/or contamination continues.

In case of gross violation of this Act, the PAB shall issue a resolution recommending that the
proper government agencies file criminal charges against the violators. Gross violation shall
mean any of the following:

a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969

in toxic amounts;
Page 12 of 22

b) five {5) or more violations within a period of two (2) years; or

c) blatant disregard of the orders of the PAB, such as the non-payment of fines,
breaking of seals or operating despite the existence of an order for closure,
discontinuance or cessation of operation.

In which case, offenders shall be punished with a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for
each day of violation or imprisonment of not less than six {6) years but not more than ten {10)
years, or both, at the discretion of the court. If the offender is a juridical person, the president,
manager and the pollution control officer or the official in charge of the operation shall suffer
the penalty herein provided.

For violations falling under Section 4 of Presidential Decree No.979 or any regulations
prescribed in pursuance thereof, such person shall be liable for a fine of no1 less than Fifty
thousand pesos {P50,000.00) nor more than One million pesos (P1,000,000.00) or by
imprisonment of not less than one {1) year nor more than six (6) years or both, for each
offense, without prejudice to the civil liability of the offender in accordance with existing laws.
If the offender is a juridical entity, then its officers, directors, agents or any person primarily
responsible shall be held liable: Provided, That any vessel from which oil or other harmful
substances are discharged in violation of Section 4 of Presidential Decree No.979 shall be
liable for penalty of fine specified in the immediately preceding paragraph and clearance of
such vessel from the port of the Philippines may be withheld until the fine is paid and such
penalty shall constitute a lien on such vessel which may be recovered in proceedings by libel
in rem in the proper court which the vessel may be. The owner or operator of a vessel or
facility which discharged the oil or other harmful substances will be liable to pay for any
clean-up costs.

Provided, finally, That water pollution cases involving acts or omissions --- committed within
the Laguna Lake Region shall be dealt with in accordance with the procedure under R. A.
No.4850 as amended.

13. RA 9483 - Oil Pollution Compensation Act, with emphasis on Section 2:

SEC. 2. Declaration of Policy. - The State, in the protection of its marine wealth in its
archipelagic waters, territorial sea and exclusive economic zone, adopts internationally
accepted measures which impose strict liability for Oil Pollution Damage and ensure prompt
and adequate compensation for persons who suffer such damage. This Act adopts and
implements the provisions of the 1992 International Convention on Civil Liability for Oil
Pollution Damage and the 1992 International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution Damage.

14. Local Government Code (RA 7160) - Section 3(i), Sections 16 and 17, Section 26
,Section 27, Section 287, Sections 447(2)(vii) and 447(2)(ix), as well as Sections 458(2)(vii),
458(2)(ix) and 468(2) (vii)}.

Section 3, (i) Local government units shall share with the national government the
responsibility in the management and maintenance of ecological balance within their territorial
jurisdiction, subject to the provisions of this Code and national policies;
Page 13 of 22

Xxx xxx

Section 16. General Welfare. - Every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and effective governance, and those which are
essential to the promotion of the general welfare. Within their respective territorial jurisdictions,
local government units shall ensure and support, among other things, the preservation and
enrichment of culture, promote health and safety, enhance the right of the people to a
balanced ecology, encourage and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public morals, enhance economic prosperity
and social justice, promote full employment among their residents, maintain peace and order,
and preserve the comfort and convenience of their inhabitants.

Section 17. Basic Services and Facilities. -

(b) Such basic services and facilities include, but are not limited to, the following:

(2) For a Municipality:

(ii) Pursuant to national policies and subject to supervision, control and

review of the DENR, implementation of community-based forestry
projects which include integrated social forestry programs and similar
projects; management and control of communal forests with an area
not exceeding fifty (50) square kilometers; establishment of tree parks,
greenbelts, and similar forest development projects;

(vi) Solid waste disposal system or environmental management system

and services or facilities related to general hygiene and sanitation;

(3) For a Province:

(iii) Pursuant to national policies and subject to supervision, control and

review of the DENR, enforcement of forestry laws limited to community-
based forestry projects, pollution control law, small-scale mining law,
and other laws on the protection of the environment; and mini-
hydroelectric projects for local purposes;

Xxx xxx

Section 26. Duty of National Government Agencies in the Maintenance of Ecological

Balance. - It shall be the duty of every national agency or government-owned or controlled
corporation authorizing or involved in the planning and implementation of any project or
program that may cause pollution, climatic change, depletion of non-renewable
resources, loss of crop land, rangeland, or forest cover, and extinction of animal or
plant species, to consult with the local government units, nongovernmental organizations,
and other sectors concerned and explain the goals and objectives of the project or program, its
impact upon the people and the community in terms of environmental or ecological balance,
and the measures that will be undertaken to prevent or minimize the adverse effects thereof.

Section 27. Prior Consultations Required. - No project or program shall be implemented by

Page 14 of 22

government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are
complied with, and prior approval of the sanggunian concerned is obtained: Provided, That
occupants in areas where such projects are to be implemented shall not be evicted unless
appropriate relocation sites have been provided, in accordance with the provisions of the
Constitution.

Section 447. Powers, Duties, Functions and Compensation. – (Sangguniang Bayan)

(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the municipality as
provided for under Section 18 of this Code with particular attention to agro-
industrial development and countryside growth and progress, and relative
thereto, shall:

(vii) Adopt a comprehensive land use plan for the municipality:

Provided, That the formulation, adoption, or modification of said plan
shall be in coordination with the approved provincial comprehensive
land use plan;

(ix) Enact integrated zoning ordinances in consonance with the

approved comprehensive land use plan, subject to existing laws, rules
and regulations; established fire limits or zones, particularly in populous
centers; and regulate the construction, repair or modification of
buildings within said fire limits or zones in accordance with the
provisions of this Code;

Section 458. Powers, Duties, Functions and Compensation. (Sangguniang Panlungsod)

(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the city as provided for
under Section 18 of this Code, with particular attention to agro-industrial
development and city-wide growth and progress, and relative thereto, shall:

(vii) Adopt a comprehensive land use plan for the city: Provided, That
in the case of component cities, the formulation, adoption or
modification of said plan shall be in coordination with the approved
provincial comprehensive land use plan;

(ix) Enact integrated zoning ordinances in consonance with the

approved comprehensive land use plan, subject to existing laws, rules
and regulations; establish fire limits or zones, particularly in populous
centers; and regulate the construction, repair or modification of
buildings within said fire limits or zones in accordance with the
provisions of the Fire Code;

Section 468. Powers, Duties, Functions and Compensation. (Sangguniang Panlalawigan)

(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the province as
provided for under Section 18 of this Code, with particular attention to agro-
Page 15 of 22

industrial development and country-wide growth and progress and relative

thereto, shall:

(vii) Review the comprehensive land use plans and zoning

ordinances of component cities and municipalities and adopt a
comprehensive provincial land use plan, subject to existing laws;

15. PD 979 - Marine Pollution Decree of 1976

Section 2. Statement of Policy. It is hereby declared a national policy to prevent and control
the pollution of seas by the dumping of wastes and other matter which create hazards to
human health, harm living resources and marine life, damage amenities, or interfere with the
legitimate uses of the sea within the territorial jurisdiction of the Philippines.

Section 4. Prohibited Acts. Except in cases of emergency imperiling life or property, or

unavoidable accident, collision, or stranding or in any cases which constitute danger to human
life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if
damping appears to be the only way of averting the threat and if there is probability that the
damage consequent upon such dumping will be lees than would otherwise occur, and except
as otherwise permitted by regulations prescribed by the National Pollution Control Commission
or the Philippine Coast Guard, it shall be unlawful for any person to

(a) discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid
substances and other harmful substances from or out of any ship, vessel, barge, or
any other floating craft, or other man-made structures at sea, by any method, means or
manner, into or upon the territorial and inland navigable waters of the Philippines;

(b) throw, discharge or deposit, dump, or cause suffer or procure to be thrown,

discharged, or deposited either from or out of any ship, barge, or other floating craft of
vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of
any kind, any refuse matter of any kind or description whatever other than that flowing
from streets and sewers and passing therefrom in a liquid state into tributary of any
navigable water from which the same shall float or be washed into such navigable
water; and

(c) deposit or cause, suffer or procure to be deposited material of any kind in any place
on the bank of any navigable water or on the bank of any tributary of any navigable
water, where the same shall be liable to be washed into such navigable water, either
by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall
or may be impeded or obstructed or increased the level of pollution of such water.

16. PD 600 as amended by PD 601 and PD 979 - Coast Guard Law

Page 16 of 22

17. PD 602 (ESTABLISHING OIL POLLUTION OPERATIONS CENTER IN THE

PHILIPPINE COAST GUARD HEADQUARTERS)

Section 2. Assistance from other Agencies. The Center may call upon any department,
bureau, office, agency or instrumentality of the government for such assistance as it may
need in the form of personnel, facilities and other resources.

Section 3. Direct Negotiation. The Philippine Coast Guard may negotiate directly with
local companies which have oil containment and recovery facilities for the use of such
equipment in combating oil pollution.

Section 4. ASEAN Point of Contact. The Center shall be the point of contact with similar
national operations centers of ASEAN member countries and shall cause, when necessary,
the immediate call for assistance from such countries to help contain oil pollution. The
Center shall, similarly, respond to call for assistance by ASEAN member countries.

18. Clean Water Act (RA 9275)

SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic

growth in a manner consistent with the protection, preservation and revival of the
quality of our fresh, brackish and marine waters. To achieve this end, the framework for
sustainable development shall be pursued. As such, it shall be the policy of the State:

a) To streamline processes and procedures in the prevention, control and abatement of

pollution of the country's water resources;

b) To promote environmental strategies, use of appropriate economic instruments and of

control mechanisms for the protection of water resources;

c) To formulate a holistic national program of water quality management that recognizes

that water quality management issues cannot be separated from concerns about water
sources and ecological protection, water supply, public health and quality of life;

d) To formulate an integrated water quality management framework through proper

delegation and effective coordination of functions and activities;

e) promote commercial and industrial processes and products that are environment
friendly and energy efficient;

f) To encourage cooperation and self-regulation among citizens and industries through

the application of incentives and market-based instruments and to promote the role of
private industrial enterprises in shaping its regulatory profile within the acceptable
boundaries of public health and environment;
Page 17 of 22

g) To provide for a comprehensive management program for water pollution focusing

on pollution prevention;

h) To promote public information and education and to encourage the participation of an

informed and active public in water quality management and monitoring;

i) To formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity; and

j) To encourage civil society and other sectors, particularly labor, the academe and
business undertaking environment-related activities in their efforts to organize, educate
and motivate the people in addressing pertinent environmental issues and problems at
the local and national levels.

SECTION 3. Coverage of the Act. - This Act shall apply to water quality management
in all water bodies: Provided, That it shall primarily apply to the abatement and control
of pollution from land based sources: Provided, further, That the water quality standards
and regulations and the civil liability and penal provisions under this Act shall be
enforced irrespective of sources of pollution.

SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five

(5) years following the effectivity of this Act, the Agency vested to provide water
supply and sewerage facilities and/or concessionaires in Metro Manila and other highly
urbanized cities (HUCs) as defined in Republic Act No. 7160, in coordination with
LGUs, shall be required to connect the existing sewage line found in all subdivisions,
condominiums, commercial centers, hotels, sports and recreational facilities, hospitals,
market places, public buildings, industrial complex and other similar establishments
including households to available sewerage system. Provided, That the said connection
shall be subject to sewerage services charge/fees in accordance with existing laws, rules
or regulations unless the sources had already utilized their own sewerage system:
Provided, further, That all sources of sewage and septage shall comply with the
requirements herein.

In areas not considered as HUCs, the DPWH in coordination with the Department, DOH
and other concerned agencies, shall employ septage or combined sewerage-septage
management system.

For the purpose of this section, the DOH, coordination with other government agencies,
shall formulate guidelines and standards for the collection, treatment and disposal of
sewage including guidelines for the establishment and operation of centralized sewage
treatment system.

SECTION 14. Discharge Pemits. - The Department shall require owners or

operators of facilities that discharge regulated effluents pursuant to this Act to
secure a permit to discharge. The discharge permit shall be the legal authorization
granted by the Department to discharge wastewater: Provided, That the discharge permit
Page 18 of 22

shall specify among others, the quantity and quality of effluent that said facilities are
allowed to discharge into a particular water body, compliance schedule and monitoring
requirement.

As part of the permitting procedure, the Department shall encourage the adoption of
waste minimization and waste treatment technologies when such technologies are
deemed cost effective. The Department shall also develop procedures to relate the
current water quality guideline or the projected water quality guideline of the receiving
water body/ies with total pollution loadings from various sources, so that effluent quotas
can be properly allocated in the discharge permits. For industries without any discharge
permit, they may be given a period of twelve {12) months after the effectivity of the
implementing rules and regulations promulgated pursuant to this Act, to secure a
discharge permit.

Effluent trading may be allowed per management area.

SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and

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

SECTION 17. Programmatic Environmental Impact Assessment. - The Department

shall implement programmatic compliance with the environmental impact assessment
system, as in the following types of development:

Xxx xxx

SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:

a) Discharging, depositing or causing to be deposited material of any kind directly

or indirectly into the water bodies or along the margins of any surface water, where,
the same shall be liable to be washed into such surface water, either by tide action
or by storm, floods or otherwise, which could cause water pollution or impede
natural flow in the water body;

b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance
in any form that would pollute groundwater. In the case of geothermal projects, and
subject to the approval of the Department, regulated discharge for short- term
activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection
Page 19 of 22

of geothermal liquids may be allowed: Provided, That safety measures are adopted

to prevent the contamination of the groundwater;

c) Operating facilities that discharge regulated water pollutants without the valid
required permits or after the permit was revoked for any violation of any condition
therein;

d) Disposal of potentially infectious medical waste into sea water by vessels unless
the health or safety of individuals on board the vessel is threatened by a great and
imminent peril;

e) Unauthorized transport or dumping into sea waters of sewage sludge or solid

waste as defined under Republic Act No.9003;

f) Transport, dumping or discharge of prohibited chemicals, substances or

pollutants listed under Republic Act No.6969;

g) Operate facilities that discharge or allow to seep, willfully or through gross

negligence, prohibited chemicals, substances or pollutants listed under R. A. No.
6969 into water bodies or wherein the same shall be liable to be washed into such
surface, ground, coastal, and marine water;

h) Undertaking activities or development and expansion of projects, or operating

wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its
implementing rules, and regulations;

i) Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act or after the permit was revoked for any violation of condition
therein;

j) Non-compliance of the LGU with the Water Quality Framework and Management
Area Action Plan. In such a case, sanctions shall be imposed on the local
government officials concerned;

k) Refusal to allow entry, inspection and monitoring by the Department in

accordance with this Act;

l) Refusal to allow access by the Department to relevant reports and records in

accordance with this Act;

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

accordance with this Act;

n) Refusal or failure to designate pollution control officers whenever required by, the
Department in accordance with this Act; and

o) Directly using booster pumps in the distribution system or tampering with the
water supply in such a way as to alter or impair the water quality.
Page 20 of 22

SECTION 28. Fines, Damages and Penalties. 

Xxx xxx Failure to undertake clean-up operations, willfully, or through gross negligence,
shall be punished by imprisonment xxx

SECTION 29. Administrative Sanctions Against Non-compliance with the Water

Quality Management Area Action Plan. - Local government officials concerned shall be
subject to Administrative sanctions incase of failure to comply with their action plan
accordance with the relevant provisions of R.A. No. 7160.

19. Wildlife Conservation Act (RA 9147)

20. Indigenous Peoples’ Rights Act (RA 7942) on recognition of the concept of ancestral
waters

21. Section 6, Section 10 of EO 533

22. International Treaties:

 United Nations Convention on the Law of the Sea
 Agenda 21, RAMSAR, UNCLOS,

 CITES,
 FAO Code of Conduct for Fisheries,
 Cartagena Protocol on Biosafety, and
 The Bonn Convention.
 International Convention for the Prevention of Pollution from Ships (MARPOL) as
modified by the Protocol of 1978
 Protocol to the International Convention on Civil Liability for Oil Pollution Damage
 International Convention for the Prevention of Pollution from Ships
 Protocol to the International Convention on the Establishment of an International Fund of
Compensation for Oil Pollution
 Paris Climate Change Agreement of 2015

CASES/JURISPRUDENCE FOR STUDY:

1. Tano vs. Socrates, GR 110249, August 21, 1997

Page 21 of 22

2. People vs Vergara, GR 110286, April 2, 1997

3. Hizon vs. CA, GR 119619, December 13, 1996

4. A.M. No. MTJ-03-1487, December 1, 2003, SANGGUNIANG BAYAN OF

GUINDULMAN, BOHOL, petitioner, vs. JUDGE MANUEL A. DE CASTRO, Acting Presiding
Judge, MCTC, Guindulman-Duero, Bohol, respondent.

5. MMDA vs Concerned Citizens of Manila Bay, G.R. Nos. 171947-48 December 18, 2008

6. G.R. No. 179918, September 8, 2010,

SHELL PHILIPPINES EXPLORATION B.V., vs. EFREN JALOS,et al

7. Arigo, et al vs Swift, et al, EN BANC, G.R. No. 206510, September 16, 2014

8. PICOP RESOURCES, INC., petitioner, vs. BASE METALS MINERAL RESOURCES

CORPORATION, and THE MINES ADJUDICATION BOARD, respondents, .G.R. No.
163509, December 6, 2006

9. Zabal vs. Duterte, En Banc, GR No. 238467, February 12, 2019

10.Boracay Foundation, Inc. vs. Province of Aklan, EN BANC, G.R. No.
196870, June 26, 2012
11.WEST TOWER CONDOMINIUM CORPORATION, on behalf of the
Residents of West Tower Condominium and in representation of Barangay
Bangkal, and others, including minors and generations yet unborn, vs.
FIRST PHILIPPINE INDUSTRIAL CORPORATION, FIRST GEN
CORPORATION and their RESPECTIVE BOARD OF DIRECTORS AND
OFFICERS, JOHN DOES, and RICHARD DOES, EN BANC, G.R. No.
194239, June 16, 2015
12.Oposa vs Factoran, EN BANC, G.R. No. 101083, July 30, 1993
13.RESIDENT MARINE MAMMALS OF THE PROTECTED SEASCAPE
TAÑON STRAIT, e.g., TOOTHED WHALES, DOLPHINS, PORPOISES,
AND OTHER CETACEAN SPECIES, Joined in and Represented herein by
Human Beings Gloria Estenzo Ramos and Rose-Liza Eisma-Osorio, In Their
Capacity as Legal Guardians of the Lesser Life-Forms and as Responsible
Stewards of God's Creations vs. SECRETARY ANGELO REYES, EN
BANC, G.R. No. 180771, April 21, 2015
Page 22 of 22

14.Maynilad Water Services, Inc. vs. Secretary of DENR, En Banc, GR No.

202897, August 6, 2019
15.SPECIAL PEOPLE, INC. FOUNDATION vs. CANDA, G.R. No. 160932,
January 14, 2013
16.LNL ARCHIPELAGO MINERALS, INC. vs. AGHAM PARTY LIST, EN
BANC, April 12, 2016, G.R. No. 209165
17.Republic vs OG Holdings Corp., November 29, 2017, G.R. No. 189290
18.HEIRS OF TUNGED vs. STA. LUCIA REALTY AND DEVELOPMENT,
INC. and BAGUIO PROPERTIES, INC., EN BANC, March 6, 2018, G.R.
No. 231737
19.PROVINCE OF RIZAL, et al vs. EXECUTIVE SECRETARY, et al, EN
BANC, G.R. No. 129546, December 13, 2005
20.RUZOL vs. SANDIGANBAYAN, G.R. Nos. 186739-960, April 17, 2013
21.INTERNATIONAL SERVICE FOR THE ACQUISITION OF AGRI-
BIOTECH APPLICATIONS, INC. vs. GREENPEACE SOUTHEAST
ASIA (PHILIPPINES), EN BANC, July 26, 2016, G.R. No. 209271