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19/08/2021

GE Board Exam 2021 Law Coverage:

-Obligations and Contracts ✓


-Laws on Property and Land Registration ✓
-Public Land Law and Natural Resources ✓ Other related laws
-Agrarian Reform laws ✓ Prepared by
-Code of Ethics of the Profession ✓ Engr. Mark Reynold M. Arriesgado, J.D.
-Rules and Regulations Governing Land
Surveying ✓
-and other related laws

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National Solid Waste Management


Ecological Solid Waste Commission
Management Act of 2000 • The Commission shall oversee the implementation of solid
waste management plans and prescribe policies to achieve
the objectives of this Act.
(R.A. 9003) • The DENR, through the Environmental Management Bureau,
shall provide secretariat support to the Commission. The
Secretariat shall be headed by an executive director who
shall be nominated by the members of the Commission and
appointed by the chairman.

• Provincial Solid Waste Management Board and City and


Municipal Solid Waste Management Board

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Ecological solid waste


Kinds of Wastes
management
• refer to the systematic administration of activities 1. Solid waste shall refer to all discarded household,
commercial waste, non-hazardous institutional and
which provide for segregation at source, segregated industrial waste, street sweepings, construction debris,
transportation, storage, transfer, processing, agricultural waste, and other non-hazardous/non-toxic
solid waste.
treatment, and disposal of solid waste and all other
waste management activities which do not harm 2. Hazardous waste shall refer to solid waste or
the environment combination of solid waste which because of its quantity,
concentration, or physical, chemical or infectious
characteristics

3. Agricultural waste refer to waste generated from planting


or harvesting of crops, trimming or pruning of plants and
wastes or run-off materials from farms or fields

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Kinds of Wastes Kinds of Wastes


4. Yard waste shall refer to wood, small or chipped 6. Bulky wastes shall refer to waste materials which cannot be
branches, leaves, grass clippings, garden debris, appropriately placed in separate containers because of either
vegetable residue that is recognizable as part of a plant its bulky size, shape or other physical attributes. These include
or vegetable and other materials identified by the large worn-out or broken household, commercial, and
Commission. industrial items such as furniture, lamps, bookcases, filing
cabinets, and other similar items.

5. Municipal waste shall refer to wastes produced from 7. Special wastes shall refer to household hazardous wastes
activities within local government units which include a such as paints, thinners, household batteries, lead-acid
combination of domestic, commercial, institutional and batteries, spray canisters and the like. These include wastes
industrial wastes and street litters; from residential and commercial sources that comprise of
bulky wastes, consumer electronics, white goods, yard wastes
that are collected separately, batteries, oil, and tires. These
wastes are usually handled separately from other residential
and commercial wastes;

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White goods Leachate


• shall refer to large worn-out or broken household, • shall refer to the liquid produced when waste
commercial, and industrial appliances such as undergo decomposition, and when water percolate
stoves, refrigerators, dishwashers, and clothes through solid waste undergoing decomposition. It is
washers and dryers collected separately. White contaminated liquid that contains dissolved and
goods are usually dismantled for the recovery of suspended materials
specific materials (e.g., copper, aluminum, etc.)

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Segregation Recycling
• refer to a solid waste management practice of • refer to the treating of used or waste materials
separating different materials found in solid waste through a process of making them suitable for
in order to promote recycling and re-use of beneficial use and for other purposes, and includes
resources and to reduce the volume of waste for any process by which solid waste materials are
collection and disposal transformed into new products in such a manner
that the original product may lose their identity,
and which maybe used as raw materials for the
production of other goods or services

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Re-use Sample board exam question


• refer to the process of recovering materials Process of recovering materials intended for the same or
intended for the same or different purpose without different purpose without the alteration of physical and
the alteration of physical and chemical chemical characteristics.
characteristics
A. Reduce
B. Recycle
C. Reuse
D. Segragation

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Buy-back center Materials recovery facility


• shall refer to a recycling center that purchases or • includes a solid waste transfer station or sorting
otherwise accepts recyclable materials from the station, drop-off center, a composting facility, and a
public for the purpose of recycling such materials recycling facility

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Open dump Sanitary landfill


• shall refer to a disposal area wherein the solid • shall refer to a waste disposal site designed,
wastes are indiscriminately thrown or disposed of constructed, operated and maintained in a manner
without due planning and consideration for that exerts engineering control over significant
environmental and Health standards potential environment impacts arising from the
Note: Open dumps are no longer allowed under this development and operation of the facility (final
law, must be converted to controlled dumps disposal sites)

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Prohibited Acts under RA 9003 Prohibited Acts under RA 9003


(1) Littering, throwing, dumping of waste matters
in public places, such as roads, sidewalks, canals, esteros (5) Squatting in open dumps and landfills;
or parks, and establishment, or causing or permitting the (6) Open dumping, burying of biodegradable
same; or non-biodegradable materials in flood-prone areas;
(2) Undertaking activities or operating, collecting (7) Unauthorized removal of recyclable
or transporting equipment in violation of sanitation material intended for collection by authorized
operation and other requirements or permits set forth in persons;
or established pursuant to this Act; (8) The mixing of source-separated recyclable
(3) The open burning of solid waste; material with other solid waste in any vehicle, box,
(4) Causing or permitting the collection of non- container or receptacle used in solid waste collection
segregated or unsorted waste; or disposal;

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Prohibited Acts under RA 9003 Prohibited Acts under RA 9003


(9) Establishment or operation of open dumps as (13) Transport and dumping in bulk of collected
enjoined in this Act, or closure of said dumps in domestic, industrial, commercial and institutional wastes
in areas other than centers or facilities prescribed under
violation of Sec. 37; this Act;
(10) The manufacture, distribution or use of non- (14) Site preparation, construction, expansion or
operation of waste management facilities without an
environmentally acceptable packaging materials; Environmental Compliance Certificate required pursuant
(11) Importation of consumer products packaged in to Presidential Decree No. 1586 and this Act and not
conforming with the land use plan of the LGU;
non-environmentally acceptable materials; (15) The construction of any establishment within
(12) Importation of toxic wastes misrepresented as two hundred (200) meters from open dumps or controlled
dumps, or sanitary landfills; and
“recyclable” or “with recyclable content”;
(16) The construction or operation of landfills or any
waste disposal facility on any aquifer, groundwater
reservoir or watershed area and or any portions thereof.

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Penalties under RA 9003 Penalties under RA 9003


d) Any person who violates Sec. 48, pars. (8), (9), (10) and (11) for
(a) Any person who violates Sec. 48, paragraph (1) shall, upon the first time shall, upon conviction, pay a fine of Five hundred thousand
conviction, be punished with a fine of not less than Three hundred pesos (P500,000.00) plus an amount not less than five percent (5%) but not
pesos (P300.00) but not more than One thousand pesos (P1,000.00) more than ten percent (10%) of his net annual income during the previous
or render community service for not less than one (1) day to not year.
more than fifteen (15) days to an LGU where such prohibited acts The additional penalty of imprisonment of a minimum period of one (1)
are committed, or both; year, but not to exceed three (3) years at the discretion of the court, shall be
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, imposed for second or subsequent violations of Sec. 48, paragraphs (9) and
upon conviction, be punished with a fine of not less than Three (10).
hundred pesos (P300.00) but not more than One thousand pesos (e) Any person who violates Sec. 48, pars. (12) and (13), shall, upon
(P1,000.00) or imprisonment of not less than one (1) day to not conviction, be punished with a fine of not less than Ten thousand pesos
more than fifteen (15) days, or both; (P10,000.00) but not more than Two hundred thousand pesos
(P200,000.00) or imprisonment of not less than thirty (30) days but not
(c) Any person who violates Sec. 48, pars. (4), (5), (6), and more than three (3) years, or both;
(7) shall, upon conviction, be punished with a fine of not less than
One thousand pesos (P1,000.00) but not more than Three thousand (f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall,
pesos (P3,000.00) or imprisonment of not less than fifteen (15) days upon conviction, be punished with a fine not less than One hundred
thousand pesos (P100,000.00) but not more than One million pesos
but not more than six (6) months, or both; (P1,000,000.00), or imprisonment not less than one (1) year but not more
than six (6) years, or both.

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REPUBLIC ACT NO. 9072 Penalties


Any person found guilty of any of the offenses
enumerated under Section 7 hereof shall be punished
AN ACT TO MANAGE AND PROTECT CAVES by imprisonment from two (2) years to six (6) years or
AND CAVE RESOURCES AND FOR OTHER a fine ranging from Twenty thousand pesos (P20,000)
PURPOSES to five hundred thousand pesos (P500,000.00) or both
at the discretion of the Court: Provided That the
person furnishing the capital to accomplish the acts
punishable herein shall be punished by imprisonment
from six (6) yrs and one (1) day to eight (8) years or by
a fine ranging from Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00) or
both at the Discretion of the Court.

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Cave Speleogem
• any naturally occurring void, cavity, recess or system • means relief features on the walls, ceilings and floor
of interconnected passages beneath the surface of of any cave or lava tube which are part of the
the earth or within a cliff or ledge and which is large surrounding hedrock, including but not limited to
enough to permit an individual to enter, whether or anastomoses, scallops, meander niches,
not the entrance, located either in private or public petromorphs and rock pendants in solution caves
land, is naturally formed or man made. It shall and similar features unique to volcanic caves.
include any natural pit, sinkhole or other feature
which is an extension of the entrance. The term also
includes cave resources therein, but not any vug,
mine tunnel, aqueduct or other manmade
excavation.

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Speleothem Prohibited Acts


• means any natural mineral formation or deposit (a) Knowingly destroying, disturbing, defacing,
occurring in a cave or lava tube, including but not marring, altering, removing, or harming the
limited to any stalactite, stalagmite, helictite, cave speleogem or speleothem of any cave or altering the
flower, flowstone, concretion, drapery, rimstone or free movement of any animal or plant life into or out
formation of clay or mud. of any cave:
(b) Gathering, collecting, possessing, consuming,
selling, bartering or exchanging or offering for sale
without authority any, cave resource; and
(c) Counselling, procuring, soliciting or employing any
other person to violate any provisions of this Section.

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Republic Act No. 8749 Air pollutant


"Philippine Clean Air Act of 1999." • any matter found in the atmosphere other than
oxygen, nitrogen, water vapor, carbon dioxide, and
the inert gases in their natural or normal
concentrations, that is detrimental to health or the
environment, which includes but not limited to
smoke, dust, soot, cinders, fly ash, solid particles of
any kind, gases, fumes, chemical mists, steam and
radio-active substances

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Greenhouse gases Sample board exam question


• mean those gases that can potentially or can What is the main reason why our planet is hotter,
reasonably be expected to induce global warming, which causes natural disaster, drought and floods?
which include carbon dioxide, methane, oxides of A. too much water pollution
nitrogen, chlorofluorocarbons, and the like
B. carbon pollution
C. uncontrolled temperature
D. noise pollution

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RA 6552 REALTY INSTALLMENT BUYER


RA 6552 (REALTY INSTALLMENT BUYER PROTECTION ACT
PROTECTION ACT) Rights of a Defaulting Buyer under RA 6552:
A.) Right to update payments without additional
- Declared a public policy to protect buyers of real estate interest or in the alternative a refund of cash
on installment payments against onerous and surrender value.
oppressive conditions.
There are two categories of buyers accorded protection
- Also known as the MACEDA LAW under this law:
1. a buyer with at least 2 years of installments (Section 3)
2. a buyer with less than 2 years of installments (Section
4)

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RA 6552 REALTY INSTALLMENT BUYER RA 6552 REALTY INSTALLMENT BUYER


PROTECTION ACT PROTECTION ACT
I.) Buyer with at least two (2) years of installment – Section 3 b. to be refunded of the cash surrender value of his
RA 6552 payments equal to 50% of his total payments if the
If the buyer in this category defaults in the payment of his
contract is cancelled. But if he has paid five years or
more, he is entitled to an increase of 5% every year and
succeeding installments, he is entitled: so on but the cash surrender value shall not exceed
a. to pay without additional interest the unpaid installments 90% of his total payments.
due within the total grace period earned by him. Said grace
period is equal to 1 month for every year of installment
payments he has made. Here the buyer has at least 2 In the computation of the total number of installment
months grace period for he should have paid at least 2 years payments the following are included:
of installments to avail of the rights under this section. 1. down payment and
- right can be exercised by the buyer only once in every five 2. deposit or option money
years of the life of the contract.

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RA 6552 REALTY INSTALLMENT BUYER


PROTECTION ACT Sample board exam question
II.) Buyer with less than two (2) years of installment –
Section 4 RA 6552 Can a condominium buyer paid 50% of the purchased price of his unit
be considered a co-owner of the said condo?
If he has paid less than two (2) years of installments, he a. Yes, he’s already occupying his unit in the concept of an owner.
still has the right to pay within a grace period of not less
than sixty (60) days from the date the installment b. No, he has not fully paid his unit.
became due.
c. Yes, because he is religiously paying his monthly amortization
If the buyer fails to pay the installment due at the
expiration of the grace period, i.e. 60 days, the seller d. No, he is not a member of the association.
may cancel the contract after 30 days from receipt by
the buyer of the notice of cancellation or demand for
rescission of the contract by a notarial act.
(Here the buyer is not entitled to any refund.)

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RA 8371 IPRA Law is an exception to Regalian


Doctrine
"The Indigenous Peoples Rights Act of 1997.” The State shall protect the rights of ICCs/IPs to their
ancestral domains to ensure their economic, social and
(IPRA Law) cultural well being and shall recognize the applicability
of customary laws governing property rights or relations
in determining the ownership and extent of ancestral
domain;

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Certificate of Ancestral Domain


Ancestral Lands
Title (CADT)
Land occupied, possessed and utilized by individuals,
Refers to a title formally recognizing the rights of
families and clans who are members of the ICCs/IPs
possession and ownership of ICCs/IPs over their ancestral
since time immemorial, by themselves or through their domains identified and delineated in accordance with
predecessors-in-interest, under claims of individual or this law.
traditional group ownership, continuously, to the
present, including, but not limited to, residential lots,
rice terraces or paddies, private forests, swidden farms All lands certified to be ancestral domains shall be
and tree lot. exempt from real property taxes, specially levies, and
other forms of exaction except such portion of the
ancestral domains as are actually used for large-scale
agriculture, commercial forest plantation and residential
purposes and upon titling by other by private person.

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Option to Secure Certificate of Title National Commission on Indigenous


under Commonwealth Act 141 Peoples (NCIP)
Individual members of cultural communities, with respect to
individually-owned ancestral lands who, by themselves or through Office created under this Act, which shall be under the
their predecessors-in -interest, have been in continuous possession Office of the President, and which shall be the primary
and occupation of the same in the concept of owner since the
immemorial or for a period of not less than thirty (30) years government agency responsible for the formulation
immediately preceding the approval of this Act and uncontested by and implementation of policies, plans and programs to
the members of the same ICCs/IPs shall have the option to secure recognize, protect and promote the rights of ICCs/IPs.
title to their ancestral lands.

For this purpose, said individually-owned ancestral lands, which are


agricultural in character and actually used for agricultural,
residential, pasture, and tree farming purposes, including those
with a slope of eighteen percent (18%) or more, are hereby
classified as alienable and disposable agricultural lands.

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Composition of NCIP Function of NCIP


Shall be composed of seven (7) Commissioners belonging to In cases of conflicting interest, where there are adverse
ICCs/IPs, one (1) of whom shall be the Chairperson. The claims within the ancestral domains as delineated in the
Commissioners shall be appointed by the President of the
Philippines from a list of recommendees submitted by survey plan, and which cannot be resolved, the NCIP
authentic ICCs/IPs: Provided, That the seven (7) shall hear and decide, after notice to the proper
Commissioners shall be appointed specifically from each of parties, the disputes arising from the delineation of
the following ethnographic areas: Region I and the such ancestral domains: Provided, That if the dispute is
Cordilleras; Region II; the rest of Luzon; Island Groups between and/or among ICCs/IPs regarding the
including Mindoro, Palawan, Romblon, Panay and the rest
of the Visayas; Northern and Western Mindanao; Southern traditional boundaries of their respective ancestral
and Eastern Mindanao; and Central Mindanao: Provided, domains, customary process shall be followed.
That at least two (2) of the seven (7) Commissioners shall
be women.

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Ancestral Domains Office (ADO) Ancestral Land Delineation Process


Proof of Ancestral Domain Claims shall include the
testimony of elders or community under oath, and other
The Ancestral Domain Office shall be responsible for documents directly or indirectly attesting to the possession
the identification, delineation and recognition of or occupation of the area since time immemorial by such
ancestral land/domains. ICCs/IPs in the concept of owners which shall be any one (1)
of the following authentic documents:

It shall also issue, upon the free and prior informed 1. Written accounts of the ICCs/IPs customs and traditions;
consent of the ICCs/IPs concerned, certification prior
to the grant of any license, lease or permit for the 2. Written accounts of the ICCs/IPs political structure and
exploitation of natural resources affecting the institution;
interests of ICCs/IPs in protecting the territorial
integrity of all ancestral domains. 3. Pictures showing long term occupation such as those of
old improvements, burial grounds, sacred places and old
villages;

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4. Historical accounts, including pacts and agreements


concerning boundaries entered into by the ICCs/IPs Sample board exam question
concerned with other ICCs/IPs;
5. Survey plans and sketch maps; Before the delineation of the boundaries of the ancestral
domain of a particular indigenous community, the NCP shall
6. Anthropological data; require the following:
7. Genealogical surveys; I. Testimonies of elders or community leaders under oath.
II. Documents directly or indirectly attesting to the occupation
8. Pictures and descriptive histories of traditional of the area since time immemorial by the applicants
communal forests and hunting grounds; III. Written accounts of the concerned indigenous cultural
communities of their political structures and institutions.
9. Pictures and descriptive histories of traditional A. I & II
landmarks such as mountains, rivers, creeks, ridges, B. II & III
hills, terraces and the like; and C. I & III
10. Write-ups of names and places derived from the D. I, II, & III
native dialect of the community

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Consultative Body
A body consisting of the traditional leaders, elders
and representatives from the women and youth
sectors of the different ICCs/IPs shall be constituted
by the NCIP from the time to time to advise it on
matters relating to the problems, aspirations and
interests of the ICCs/IPs.

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