A LEGAL ARSENAL FOR THE PHILIPPINE ENVIRONMENT

ANTONIO A. OPOSA, JR.

Published by CENTRAL BOOK SUPPLY, INC. 927 Quezon Avenue, Quezon City Philippines

Philippine Copyright, 2008

By

ANTONIO A. OPOSA, JR.

All Rights Reserved

___________________________________

Series No. ______________

ISBN NO. 978-971-691-621-8

Printed by CENTRAL BOOK SUPPLY, INC. 927 Quezon Avenue, Quezon City Philippines

TABLE OF CONTENTS
CHAPTER 1: TOUR OF THE LEGAL HORIZON
Page

GOVERNMENT AND LEGAL SYSTEM Overview of the System of Government ................................................................ Hierarchy of Legislation ........................................................................................ Environmental Authorities .................................................................................... RELEVANT PROVISIONS OF THE 1987 CONSTITUTION Preamble ................................................................................................................. National Territory .................................................................................................. Declaration of Principles and State Policies ........................................................ Right to Health (Article II, Section 15) ........................................................ Right to Health is Paramount Over Presumed Economic Benefits ........... (Eduardo F. Hernandez, et al. vs. National Power Corporation) Right to Balanced Ecology (Article II, Section 16) ...................................... Bill of Rights ........................................................................................................... Right to Due Process of Law (Section 1) ...................................................... Right to Privacy (Section 2) .......................................................................... Right of Access to Information ...................................................................... (Valmonte v. Belmonte) Firepower in the Legal Arsenal .................................................................... The Right to Information is Not Discretionary ........................................... (Legaspi v. Civil Service Commission) National Economy and Patrimony ....................................................................... Efficient Use of Resources (Section 1) .......................................................... State Ownership of Natural Resources (Section 2) ..................................... Lands of Public Domain and Classification (Section 3) .............................. Limits of Forest Lands (Section 4) ............................................................... Indigenous Cultural Communities (Section 5) ............................................ Social Function of Property (Section 6) ........................................................ 5 5 6 6 6 8 8 8 8 9 9 11 13 13 14 15 15 15 16 1 1 4

iii

TABLE

OF

CONTENTS
Page

Social Justice and Human Rights (Article XII)..................................................... Ecological Considerations in Agrarian Reform (Section 4) ......................... Preferential Use of Marine Resources for Subsistence Fishermen (Section 7) .............................................................................................. Health Care and Regulation (Section 11 &12) ............................................ Rights of Women (Section 14) ....................................................................... Role and Rights of People’s Organizations (Section 23 & 15) ..................... Local Autonomy....................................................................................................... GENERAL ENVIRONMENTAL LAWS Philippine Environmental Policy (PD 1151) ........................................................ Philippine Environment Code (PD 1152) ............................................................. Environmental Impact Statement System (PD 1586) ......................................... Environmentally Critical Areas and Projects (PD 2146) ..................................... Polllution Control Law (PD 984) ........................................................................... Pollution is a Technical Issue ....................................................................... (Mead v. Argel) Cease and Desist Order May Be Issued Without Extensive Hearing ........ (Pollution Adjudication Board v. CA) Unjust Enrichment and the Internalization of Environmental Costs ....... Jurisdiction Over Pollution Case .................................................................. (Technology Developers, Inc. v. CA) Ripe for Judicial Clarification ....................................................................... Philippine Environment Partnership Program (DAO 2003-14) .......................... Toxic Substances and Hazardous Wastes (RA 6969) ........................................... ENVIRONMENTAL ADMINISTRATION Department of Environment and Natural Resources (EO 192) .......................... CIVIL CODE PROVISIONS ON ENVIRONMENT (RA 386) Relevance of the Civil Code .......................................................................... Human Relations ........................................................................................... Actionable Acts Contrary to Good Customs.................................................. (Magbanua v. IAC) Nuisance ................................................................................................................. Definition of Nuisance ................................................................................... Public and Private Nuisance ........................................................................

16 16 16 17 17 17 17

17 19 33 35 38 47 49 50 51 54 54 55

64

83 83 85 86 86 86

iv

TABLE

OF

CONTENTS
Page

Procedure for Abatement of Nuisance ......................................................... Excessive Dust is a Nuisance ....................................................................... (Ernesto R. Rodriguez, Jr., et al. v. IAC) Noise Pollution ............................................................................................... Damages ................................................................................................................. Kinds of Damages .......................................................................................... Actual of Compensatory Damages ............................................................... Other Kinds of Damages ............................................................................... Moral Damages is Awarded on a Case-to-Case Basis ................................. (Filinvest Credit Corporation v. IAC) Only a Wrongrul Act May be Awarded Moral Damages ............................. (R & B Surety & Insurance Co., Inc. v. IAC and Uson) Special Damages ............................................................................................ (Daywalt v. La Corporacion de los Padres Agustinos Recoletos) Quasi-delict ............................................................................................................. The Evidence Speaks for Itself ................................................................... (Africa v. Caltex)

86 88 89 89 90 90 93 96 96 96 97 100

Legal Easements .................................................................................................... 101 Flowing Waters .............................................................................................. 101 Right of Way .................................................................................................. 103 Light and View .............................................................................................. 104 Drainage and Falling Waters ....................................................................... 105 Plantings and Constructions ................................................................................. 105

CHAPTER II: LAND
PROTECTED AREAS National Integrated Protected Areas System Act (RA 7586) .............................. 111 The Strategic Environmental Plan for Palawan (RA 7611) ................................ 122 Cave Management Act (RA 9072) ......................................................................... 131 Revised Forestry Code (PD 705) ............................................................................ 136 Timber License is Not a Right ...................................................................... 175 (Felipe Ysmael Jr. & Co. Inc. v. Deputy Executive Secretary) The Right of the Future Generations............................................................ 176 (Minors of the Philippines v. DENR, et al.) Illegal Possession of Lumber ......................................................................... 189 (Mustang Lumber v. CA)

v

TABLE

OF

CONTENTS
Page

Replevin in Motor Vehicles Impounded by the DENR................................. 191 (Paat v. CA) Chainsaw Act of 2002 (RA 9175) ........................................................................... 194 PROTECTED SPECIES Conservation and Protection of Wildlife Resources (RA 9147) ........................... 198 Protection of the Philippine Eagle (RA 6147) ....................................................... 214 Protection of Wild Flowers (RA 3983) ................................................................... 215 Prospecting of Biological and Genetic Resources (EO 247) ................................. 218 Tree Planting (PD 953) .......................................................................................... 225 List of Endangered Species (DAO 2004-15) ......................................................... 228 CITES-LISTED SPECIES (APPENDIX I) ........................................................... 230 CITES-LISTED SPECIES (APPENDIX II) .......................................................... 232 AGRICULTURE Agriculture and Fisheries Modernization (RA 8435) ........................................... Philippine Policy on Transgenics(DA-AO No. 8, S. 2002) ................................... High – Valued Crops (RA 7900) ............................................................................ Fertilizers and Pesticides (PD 1144) ..................................................................... Coconut Cutting (RA 8048) .................................................................................... Animal Welfare (RA 8485) ..................................................................................... Regulating the Slaughter of Carabaos (EO 626) .................................................. Plant Quarantine (PD 1433) .................................................................................. LAND TENURE Property Registration Law (PD 1529) .................................................................. 306 Native Title to Land should be recognized by the Government .......................... 307 (Cariño v. Insular Government) Forest Land is Not Disposable ............................................................................... 308 (Republic of the Philippines v. Animas) (Lepanto Consolidated Mining Company v. Manuel Dumyung) Comprehensive Agrarian Reform Program (RA 6657) ........................................ 308 Cases on Land Reform ........................................................................................... 341 (Vinzons-Magana v. Estrella) (Luz Farms v. Secretary of Agrarian Reform) (Maddumba v. GSIS) (Association of Small Landowners v. Department of Agrarian Reform) Community Based Forest Management (EO 263) ............................................... 343 237 277 277 283 291 294 298 299

vi

TABLE

OF

CONTENTS
Page

Allocation/Tenure Instruments in Production Forest Lands .............................. 347 Permits Issued for the Utilization of Forest Resources in Production Forest Lands .............................................................................................................. 350 Agreements and Permits Involving Forest Resources in Private Lands ............ 351 MINERALS Small-Scale Mining Program (PD 1899) ............................................................... 352 People’s Small-Scale Mining (RA 7076) ................................................................ 354 Philippine Mining Act (RA 7942) .......................................................................... 362 Mining Agreements May be Changed .......................................................... 393 (Miners Association of the Philippines v. Factoran) The Financial and Technical Assistance Agreement (In Mining) Is Constitutional ................................................................................................ 395 (La Bugal-B’laan Tribal Association, Inc., v. Victor O. Ramos et. al.) ENERGY Department of Energy (RA 7638) .......................................................................... 410 Mini-Hydroelectric Power Developers (RA 7196) ................................................ 422 Non-Conventional Energy Resources (PD 1068) .................................................. 427 Biofuels Act (RA 9367) ........................................................................................... 432 Geothermal Resources (PD 1442) .......................................................................... 440 Geothermal Watersheds (EO 223) ........................................................................ 443 The Stillborn Nuclear Power Plant .............................................................. 445 (Nuclear Free Philippine Coalition v. NPC) Oil Deregulation (RA 8479) ................................................................................... 446 Legality of the Deregulation Policy .............................................................. 459 (Garcia v. Corona) Pilferage of Electricity (RA7832) ........................................................................... 460 Electric Power Industry Reform Act of 2001 (RA 9136) ...................................... 468 Implementing the Natural Gas Vehicle Program for Public Transport (EO 290) ................................................................................................................. 470 Energy Conservation Program (AO 126) .............................................................. 476

vii

TABLE

OF

CONTENTS
Page

CHAPTER III:

AIR

CLEAN AIR ACT (RA 8749) ............................................................................................ 481 Innovations of the Clean Air Act ........................................................................... 511 Incineration Ban? ................................................................................................... 512 MMDA v. JANCOM UNAUTHORIZED USE OF SIRENS (PD 96) ..................................................................... 513 ATMOSPHERIC ADMINISTRATION (PD 78) .................................................................... 515 NOISE STANDARDS .......................................................................................................... 521

CHAPTER IV:
THE SEA

WATERS

Territorial Baselines of the Philippine Archipelago (RA 3046) ........................... 528 Exclusive Economic Zones (PD 1599) ................................................................... 533 Fisheries Code (RA 8550) ...................................................................................... 535 PROTECTED SPECIES Dolphins (FAO No. 185, 1992) ............................................................................... 583 Whale Sharks and Manta Rays (FAO No. 193, 1998) ......................................... 584 Sea Cows (DENR AO No. 55-91) ........................................................................... 586 Seashores and Beach Protection (BP Blg. 265) .................................................... 587 Accretion by the Action of Waves ................................................................. 588 (Heirs of Emiliano Navarro v. IAC, Heirs of Pascual) Accretion Land Belongs to the Littoral Owner ............................................ 590 (Santulan v. Executive Secretary) Jurisdiction Over Illegal Fishing .................................................................. 596 (De Guzman v. Escalona) Arrest Without Warrant ............................................................................... 597 (Republic v. Consino) Legal Pressure Points ............................................................................................ 598 Warrantless Search of a Fishing Vessel ...................................................... 598 (Hizon v. CA) Evidence of Blast-Fishing ............................................................................. 599 (People v. Vergara) Non-Interference by Another Court ............................................................. 600 (Roldan v. Arca)

viii

TABLE

OF

CONTENTS
Page

Fishery Privileges .......................................................................................... 601 (US v. Hernandez) MARINE PROTECTION ADMINISTRATION Marine Pollution (PD 979) ..................................................................................... 598 Creation of the Philippine Coast Guard (RA 5173) ............................................. 602 Coast Guard Law (PD 601) .................................................................................... 605 Prevention and Control of Marine Pollution (PD 603 as amended by PD 979) ................................................................................................................. 611 Maritime Group (RA 6975) .................................................................................... 615 Maritime Industry Authority (PD 474) ................................................................ 616 FRESH WATER Clean Water Act (RA 9275) ................................................................................... 638 Water Code (PD 1067) ............................................................................................ 663 Metro Manila Council, MMDA Resolution N. 3, S. 1996 ..................................... 683 Civil Code Provisions on Waters (RA 386) ........................................................... 685 The Spanish Law on Waters of 1866 .................................................................... 688 LAGUNA LAKE DEVELOPMENT AUTHORITY (RA 4850) Additional Powers of LLDA (EO 927) ................................................................... 704 Primary Jurisdiction of the Laguna de Bay ......................................................... 709 (LLDA v. CA [1995]) The Ecosystem Approach in Lake Management .................................................. 711 (LLDA v. CA [1995]) Relevant Sections of the Pollution Control Law (PD 984) ................................... 713 Water Classification (DENR AO 34-90) ................................................................ 714 Effluent Regulations (Administrative Order No. 35, 1990) ................................ 724 Local Water Utilities (PD 198) .............................................................................. 737 Metropolitan Waterworks and Sewerage System (RA 6234) .............................. 762 WATERWAYS Structures in Navigable Waterways (RA 2056) ................................................... 773 Directing Persons to Renounce Possession of Riverbanks (PD 296) ................... 774 OTHER WATER LAWS Dumping of Wastes that Cause Rising of Riverbeds (CA 383) ............................ 776 National Water CrisisAct(RA 8041) ...................................................................... 777

ix

TABLE

OF

CONTENTS
Page

Rainwater Collection and Collection and Springs Protection (RA 6716) ........... 782 Irrigation (RA 6978) ............................................................................................... 784

CHAPTER V:

HUMAN HABITAT

SOLID WASTE MANAGEMENT, SANITATION, AND HYGIENE Solid Waste Management (RA 9003) .................................................................... 791 Ecological Solid Waste Management Act of 2001 Compliance Matrix ............... 836 A Sanitary Landfill Cannot Be Placed in a Watershed; Environmental Powers of Local Government ........................................................................ 838 (Province of Rizal, et al., Executive Secretary, et al.) Sanitation Code (PD 856) ...................................................................................... 840 LAND USE Environment Code Provisions on Land Use (PD 1152) ....................................... 883 Urban Housing (RA 7279) ..................................................................................... 885 Housing and Land Use Regulatory Board (EO 648) ............................................ 903 Delegated Powers to the Local Government Units (EO 72) ................................ 910 Environment Related Provisions of the Building Code (PD 1096) ..................... 913 CULTURAL HERITAGE (CONSTITUTIONAL PROVISIONS) Cultural Properties Preservation and Protection (RA 4846) .............................. 919 National Museum Law (RA 8492) ......................................................................... 924 Declaring Archaeological Reservations (PD 1109 & RA 4368) ........................... 934 National Commission for Culture and the Arts (RA 7356) ................................. 935 Declaring Certain Areas and Sites as National Sites and Shrines (PD 260) ........... 945 National Historical Commission (RA 4368) ......................................................... 946 Cultural Heritage & National Patrimony .................................................... 948 (Manila Prince Hotel v. Government Service Insurance System) Historical Landmark Belongs to Owner, Not the Lessee ........................... 949 (Army and Navy Club v. Court of Appeals, et al.) The Meaning of Cultural Properties ............................................................ 950 (JOYA, et al. v. PCGG, et al.) Public Character of Historical Landmark ................................................... 951 (Manosca v. Court of Appeals)

x

TABLE

OF

CONTENTS
Page

CIVIL CODE PROVISIONS ON HIDDEN TREASURES (RA 386) Indigenous People’s Rights Law (IPRA) ............................................................. Constitutionality of IPRA Law ................................................................... (Cruz v. NCIP) 952 982

CHAPTER VI:
CONSTITUTIONAL PROVISIONS

LOCAL GOVERNANCE

Environment-Related Provisions of the Local Government Code (RA 7160) .... Legal Issues ................................................................................................. Shares of Local Government Units in the Proceeds of National Taxes ... Can a Local Government Declare Its Territorial Jurisdiction a NoMining Area?............................................................................................... Role of Local Governments in Environmental Protection (DAO No. 30-92) .. (Tano et al. v. Gov. Socrates, et al.)

987 993 998 1012 1012

Abatement of Public Nuisance by LGU ..................................................... 1024 (Tatel v. Municipality of Virac) Police Powers of the Metro Manila Commission ....................................... 1026 (Sangalang v. IAC) Metro Manila Development Authority (RA 7924) .............................................. 1027 The Present MMDA is Without Police Powers .......................................... 1034 (MMDA v. Bel-Air Village Association, Inc.) Need for a Strong Metropolitan Government ............................................ 1035

CHAPTER VII: THE ECONOMICS OF ECOLOGY
THE PHILIPPINE AGENDA 21 Medium Term Development Plan of the Philippines (2004-2010) .................... 1048 Environmental Investment Incentives ............................................................... 1050 BUILD-OPERATE-AND-TRANSFER (BOT) LAW Authorizing the Construction of Infrastructure Projects by the Private Sector (RA 6957) ................................................................................................... 1051 Implementing Rules of the BOT Law ................................................................. 1055 Small and Medium Enterprise (RA 6977) .......................................................... 1056 Philippine Economic Zone Authority (RA 7916) ................................................ 1058 ENVIRONMENTAL USER FEE SYSTEM IN THE LAGUNA LAKE REGION ...................... 1059 Rules and Regulations (Resolution No. 33) xi

TABLE

OF

CONTENTS
Page

CHAPTER VIII:

INTERNATIONAL COMMITMENTS

Constitutional Provisions on International Law ............................................... 1073 International Environmental Principles ............................................................ 1074 INTERNATIONAL ENVIRONMENTAL COMMITMENTS OF THE PHILIPPINES GENERAL AGREEMENTS UN General Assembly Resolution........................................................................ 1076 (http://www.unhchr.ch/html/menu3/b/c_natres.htm) ................................. 1076 Stockholm Declaration of the United Nations Conference on the Human Environment ................................................................................................ 1077 (http://www.unep.org/dpdl/Law/PDF/Stockholm_Declaration.pdf) .......... 1077 UN General Assembly Resolution on a World Charter on Nature ................... 1078 (http://www.un.org/documents/ga/res/37/a37r007.htm) ............................ 1078 United Nations Conference on Environment and Development ....................... 1079 (http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm) ..... 1079 Agenda 21 ............................................................................................................. 1079 (http://www.un.org/esa/sustdev/documents/agenda21/english/agenda 21 chapter38.htm) ....................................................................................... 1081 THE ATMOSPHERE Convention on the Protection of the Ozone Layer ............................................. 1081 (http://www.unep.ch/ozone/vc-text.shtml) .................................................. 1081 Protocol on Substances that Deplete the Ozone Layer ...................................... 1081 (http://www.unep.org/ozone/Montreal-Protocol/Montreal-Protoco l2000.shtml) .................................................................................................. 1082 UN Framework Convention on Climate Change ............................................... 1083 (http://unfccc.int/not_assigned/b/items/1417.php) ...................................... 1084 Kyoto Protocol to Climate Change Convention .................................................. 1084 Stockholm Convention on Persistent Organic Pollutants (POPs) .................... 1085 (http://www.pops.int/).................................................................................. 1085 THE HYDROSPHERE The Hydrosphere Convention on the Prevention of Marine Pollution by Dumping of Wastes And Other Matter ...................................................... 1085 http://www.imo.org/Conventions/contents.asp?topic_id=258&doc_id=6 81#8) .............................................................................................................. 1086 United Nations Convention on the Law of the Sea ............................................ 1086 (http://www.un.org/Depts/los/convention_agreements/convention_over view_convention.htm) .................................................................................. 1090 xii

TABLE

OF

CONTENTS
Page

THE BIOSPHERE Principles for a Global Consensus on the Management, Conservation, and Sustainable Development of All Types of Forests ..................................... 1090 (http://www.un.org/documents/ga/conf151/aconf15126-3annex3.htm) .... 1091 Convention for the Protection of the World Cultural and Natural Heritage ... 1091 (http://whc.unesco.org/world_he.htm) ........................................................ 1092 Convention on International Trade in Endangered Species of Wild Flora and Fauna .................................................................................................... 1092 (http://www.cites.org/) ................................................................................. 1093 Convention on the Conservation of Migratory Species of Wild Animals .......... 1094 (http://www.cms.int/documents/convtxt/cms_convtxt.htm) ...................... 1094 Convention on Biological Diversity ...................................................................... 1094 (http://www.biodiv.org/convention/default.shtml) ..................................... 1095 ASEAN Agreement on the Conservation of Nature and Natural Resources .......................................................................................................... 1095 (http://www.aseansec.org/1490.htm) .......................................................... 1096 ENVIRONMENTAL THREATS Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal .......................................................................... 1097 (http://untreaty.un.org/English/TreatyEvent2002/Basel_Conv_16.htm) ...... 1099 Treaty Banning Nuclear Weapon Tests in the Atmosphere in Outer Space, and Under Water .............................................................................. 1099 (http://lawofwar.org/space_treaty_banning_nuclear_weapons.htm)......... 1099 IAEA Code of Practice on the International Trans-boundary Movement of Radioactive Waste .................................................................................... 1100 (http://www.iaea.or.at/http://www.globelaw.com/Nukes/iaeacod.htm) ........ 1100 Convention on Civil Liability for Nuclear Damage............................................. 1100 (http://www.iaea.org/Publications/Documents/Infcircs/1996/inf500.s html) .............................................................................................................. 1101 Protocol 1 Additional to the General Convention of August 12, 1949 and Relating to the Protection of the Victims of Armed Conflict ..................... 1102 (http://www.unhchr.ch/html/menu3/b/93.htm) ........................................... 1102 FAO Code of Conduct on the Distribution and Use of Pesticides ...................... 1102 (http://www.fao.org/) ..................................................................................... 1104 The Agreement Establishing the World Trade Organization ............................ 1104 (http://www.wto.org/english/docs_e/legal_e/04-wto_e.htm) ....................... 1104 World Bank Operational Directive 4.00 Annex A: Environmental Assessment........................................................................................................ 1105 (http://www.worldbank.org/html/oprmanual/ods/400a.html) .................... 1106 xiii

TABLE

OF

CONTENTS
Page

CHAPTER IX:

MISCELLANEOUS LAWS

RESTRAINING ORDERS AND PRELIMINARY INJUNCTION Prohibiting the Issuance of Restraining Orders and Preliminary Injunction .. 1109 In Government Projects (RA 8975).............................................................. 1109 In Natural Resources Projects (PD 605) ..................................................... 1111 HEALTH, FOOD AND DRUGS Food and Drugs Law (RA 3720) ........................................................................... 1113 Generic Drugs Law (RA 6675).............................................................................. 1134 Occupational Health and Safety (PD 442)........................................................... 1139 Traditional and Alternative Medicine (RA 8423)................................................ 1143 Anti-Smoking Law (RA 9211)............................................................................... 1153 An Act Prohibiting the Manufacture, Importation, Distribution and Sale of Laundry and Industrial Detergents Containing Hard Surfactants (RA 8970) ............................................................................................. 1168 CRIMINAL LIABILITIES Anti-Fencing Law (PD 1612) ................................................................................ 1171 Illegal Possession of Explosives (PD 1866, as amended by RA 8294)................ 1173 Inquest Procedures (DOJ Circular No. 61, 1993)................................................ 1178 Rights of Detained Persons (RA 7438)................................................................. 1184 Obstruction of Justice (PD 1829) ......................................................................... 1187 Witness Protection Program (RA 6981) ............................................................... 1190 GOVERNMENT ACCOUNTABILITY Anti-Graft and Corrupt Practices Act (RA 3019) ................................................ 1196 Criminal Liability of the Head of Office...................................................... 1202 (Magsuci v. Sandiganbayan) Guilt Not Based on Presumption ................................................................ 1204 (Arias v. Sandiganbayan). Proof of Actual Damage................................................................................ 1205 (Llorente v. Sandiganbayan) Code of Conduct and Ethical Standards for Public Officials (RA 6713) ............ 1207 Ombudsman Act (RA 6770) .................................................................................. 1216 SAMPLE LEGAL FORMS Letter-Complaint................................................................................................... 1232

xiv

TABLE

OF

CONTENTS
Page

Complaint-Affidavit .............................................................................................. 1233 Notice to Sue for Violation of Solid Waste Management Act ............................. 1237 Affidavit-Complaint for Violation of Solid Waste Management Law ................ 1238 Complaint for the Violation of the Clean Air Act For Mobile Sources .............. 1240 Complaint for the Violation of the Clean Air Act For Stationary Sources ........ 1241 Application for Search Warrant ........................................................................... 1250 Searching Questions ............................................................................................. 1251 Search Warrant ..................................................................................................... 1253 RULES OF COURT Depositions Pending Action.................................................................................. 1255 Depositions Pending Appeal................................................................................. 1260 Interrogatories to Parties ..................................................................................... 1262 Admission by Adverse Party ................................................................................ 1262 Production or Inspection of Things ...................................................................... 1263 Physical and Mental Examination of Persons .................................................... 1263 Refusal to Comply with Modes of Discovery ....................................................... 1265 Libel ...................................................................................................................... 1266 Privileged Communication .......................................................................... 1269 (Alonzo v. CA) Truth as Defense ......................................................................................... 1271 (Vasquez v. CA, RTC Branch 40 and Pp) GUIDELINES IN ADMINISTRATIVE RULE-MAKING Procedural Requirements for the Issuance of Administrative Regulations...... 1274

——o0o——

xv

TOUR OF THE HORIZON

TOUR OF THE HORIZON
CHAPTER CONTENTS
GOVERNMENT AND LEGAL SYSTEM Overview of the System of Government, 1 Hierarchy of Legislation, 1 Environmental Authorities, 4 RELEVANT PROVISIONS OF THE 1987 CONSTITUTION

GENERAL ENVIRONMENTAL LAWS Philippine Environmental Policy, 17 Philippine Environment Code, 19 Environmental Impact Statement System, 33 Environmentally Critical Areas and Projects, 35 Polllution Control Law, 38 (Mead v. Argel) (Pollution Adjudication Board v. CA) (Technology Developers, Inc. v. CA) Toxic Substances and Hazardous Wastes, 55 ENVIRONMENTAL ADMINISTRATION Department of Environment and Natural Resources, 64 CIVIL CODE PROVISIONS ON ENVIRONMENT Human Relations, 83 (Magbanua v. IAC) Nuisance, 86 (Ernesto R. Rodriguez, Jr., et al. v. IAC) Damages, 89 Kinds of Damages, 90 (Filinvest Credit Corporation v. IAC) (R & B Surety & Insurance Co., Inc. v. IAC and Uson) (Daywalt v. La Corporacion de los Padres Agustinos Recoletos) Quasi-delict, 97 (Africa v. Caltex) Legal Easements, 101 Flowing Waters, 101 Right of Way, 103 Light and View, 104 Drainage and Falling Waters, 105 Plantings and Constructions, 105

Preamble, 5 National Territory, 5 Declaration of Principles and State Policies, 6 Bill of Rights, 8 Right to Due Process of Law, 8 Right to Privacy, 8 Right of Access to Information, 9 (Valmonte v. Belmonte) (Legaspi v. Civil Service Commission) National Economy and Patrimony, 13 Efficient Use of Resources, 13 State Ownership of Natural Resources, 14 Lands of Public Domain and Classification, 15 Limits of Forest Lands,15 Indigenous Cultural Communities, 15 Social Function of Property, 16 Social Justice and Human Rights, 16 Ecological Considerations in Agrarian Reform, 16 Preferential Use of Marine Resources for Subsistence Fishermen, 16 Health Care and Regulation, 17 Rights of Women, 17 Role and Rights of People’s Organizations, 17 Local Autonomy, 17

CHAPTER 1:

TOUR OF THE HORIZON

Government and Legal System Overview of the System of Government
The Philippines is a republic and is governed by a Constitution enacted in February 1987. The Executive Branch of government is led by a President, who also serves as the head of state. The President is elected by popular vote, without reelection, to a sixyear term of office. The President appoints a cabinet. The bicameral legislative branch consists of the Senate and the House of Representatives. The Senate consists of twenty-four members, serving six-year terms while the House of Representatives consists of a maximum of 250 members, each serving a three-year term of office. The judicial branch is headed by the Supreme Court, which is composed of a chief justice and fourteen associate justices, all whom are appointed by the country’s President. Other judicial bodies include a court of appeals and, trial courts of the first instance distributed by regions, cities, and municipalities. Hierarchy of Legislation At the national level, there are a number of different legal instruments, each of which is briefly discussed here. Law A law passed by Congress is referred to as a Republic Act (R.A.). The presentation of a bill is initiated either by any, or by both of the legislative chambers (House or Sen1
"Nature is an endless combination and repetition of a very few laws.” — Ralph Waldo Emerson (A. Oposa)

TOUR OF THE HORIZON

ate) or by the executive. The legislative bill is then studied and heard by the committees concerned (e.g., Senate Committee on Environment) which conducts an “inquiry in aid of legislation” to hear out the concerns and views on the bill. Thereafter, the bill is approved by the entire body. When both chambers have approved the bill, the same is referred to a Bicameral Conference Committee to reconcile any conflicting provisions. After this stage, it is referred back to the respective chambers (House and Senate) for ratification. For finality, the bill is forwarded to the President for approval or veto. The bill becomes law after it is signed by the President and published. A two-thirds vote of Congress is needed to override a veto of the President. From 1988 to the present, law making in the Philippines has been by act of Congress. Presidential Decree During the period known as the “Martial Law Years,” (1972-1986), legislation was made by Presidential fiat of then President Ferdinand Marcos. Many of the environment, health, and safety laws were passed during this period. They continue to be valid unless otherwise amended or repealed by a subsequent law passed by an act of Congress. Examples of the Presidential Decrees are the Forestry Code of the Philippines (P.D. 705) or the Pollution Control Law (P.D. 984). To this date, they continue to be valid in the absence of a subsequent law. Executive Order

An Executive Order (E.O.) is a presidential act providing for rules of a general or permanent character in the implementation or execution of constitutional or statutory powers. Administrative Order

“Like water, be gentle and strong. Be gentle enough to follow the natural paths of the earth, and strong enough to rise up and reshape the world.”— Brenda Peterson (A. Oposa)

An administrative order is an act of the Cabinet/Department Secretary which relates to particular aspects of governmental operations pursuant to his/her duties as

2

GOVERNMENT AND LEGAL SYSTEM

administrative head of government. For example, the implementing rules of the Clean Air Act or the Toxic and Hazardous Wastes Act are in the form of a Department Administrative Order (DAO). In the Coast Guard, the implementing rules are called Memorandum Circulars. These administrative orders/circulars have to be published in the Official Gazette or in newspapers for general circulation for it to be effective. Another requirement is that these be filed with the Office of the National Register in the University of the Philippines Law Center. Proclamation A proclamation is an act of the President fixing a date or declaring a status or condition of public moment or interest. An example of this is a proclamation declaring June as the Environment Month, or the proclamation of a working day as a holiday. Memorandum Order A memorandum order is a presidential act on matters of administrative detail which only concerns a particular office or an office of government. A memorandum order by the President directing the all-out enforcement of the laws on forestry is an example. Implementing Rule and Regulation (IRR) The term “implementing rules and regulations” (IRR) is a generic term referring to the detailed legal procedures and processes designed to implement the law. This is usually done by way of a Department Administrative Order (DAO) issued by the Department mandated to implement the law. Ordinance

“In nature there are neither rewards nor punishments—there are only consequences.” — Robert G. Ingersoll (George Tapan)

An ordinance is a local law passed by the local legislative body of the province, city, municipality, or barangay (village) and approved by the chief executive officer [provincial governor, city or municipal mayor, or barangay leader (also called barangay captain or Chairman) respectively. It must not be inconsistent with a national law. Thus, an ordinance cannot provide for penalties lower than what is provided by the national law.

3

TOUR OF THE HORIZON

Environmental Authorities The principal agency tasked with the mandate for environmental protection is the Department of Environment and Natural Resources (DENR). It was created pursuant to Executive Order No. 192 (1987) which fused the functions of the Ministry of Natural Resources (MNR), the National Pollution Control Commission (NPCC), and the National Environmental Protection Council (NEPC). All references to these agencies in the texts of the laws contained in this book (e.g., Environment Code, Pollution Control Law) are deemed to refer to the DENR. Particularly, the DENR is responsible for: 1. The conservation, management, development, and proper use of the country’s environmental and natural resources, specifically forest and grazing lands, mineral resources, including those in reservation and watershed areas, and lands of the public domain; 2. The preservation of cultural and natural heritage through wildlife conservation and segregation of national parks and other protected areas; 3. The promulgation and enforcement of rules and regulations for the control of water, air, and land pollution; 4. The promulgation and enforcement of ambient and effluent standards for water and air quality including the allowable levels of other pollutants and radiation; 5. The promulgation of policies, rules, and regulations for the conservation of the country’s genetic resources, biological diversity, and endangered habitats.

Nature is the book of which God is the Author. — Harvey (G. Tapan)

The DENR is headed by the Cabinet Secretary, a position appointed by the President, and assisted by three undersecretaries. Below them are the bureaus of: Mines and Geosciences, Forest Management, Land Management, Environmental Management, 4

GOVERNMENT AND LEGAL SYSTEM

and Ecosystems Research. The line functions and regulatory powers of the DENR are performed by the regional offices distributed throughout the thirteen administrative regions of the country. The Autonomous Region of Muslim Mindanao (ARMM) has its own version of the DENR. Attached to the DENR is the Natural Resources Development Corporation (NRDC), a government-owned corporation responsible for promoting natural resource development through investment/involvement in innovative technologies and ventures involving forest management. Other agencies attached to the DENR include the National Mapping and Resource Information Authority (NAMRIA) and the Laguna Lake Development Authority (LLDA). The NAMRIA serves as the central mapping authority of the government. It also conducts research on remote-sensing technologies, satellite imagery, and similar technologies. The LLDA is a government-owned corporation which serves as the environmental regulatory authority for the Laguna Lake region. A line bureau within the DENR is the Environmental Management Bureau (EMB), tasked with the principal responsibility of implementing the country’s environmental laws. It also serves as the secretariat of the Pollution Adjudication Board (PAB), which hears and decides pollution cases. RELEVANT PROVISIONS OF THE 1987 CONSTITUTION The following provisions in the 1987 Constitution directly or indirectly affect natural resources and environment. Preamble We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. National Territory Article I The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

5

TOUR OF THE HORIZON

Declaration of Principles and State Policies Article II State Policies Right to Health SEC. 15. The State shall protect and promote the right to health of the people 1 and to instill health consciousness among them.

Right to Health is Paramount Over Presumed Economic Benefits Facts: In 1996, NAPOCOR began the construction of 29 decagon-shaped steel poles or towers to support overhead high tension cables in connection with its 230 Kilovolt Sucat-Araneta-Balintawak Power Transmission Project. Said transmission lines passes through Sergio Osmeña, Sr. Highway (South Superhighway), the perimeter of Fort Bonifacio and Dasmariñas Village proximate to Tamarind Road, where petitioners’ homes are. Petitioners got hold of published articles and studies linking the the incidence of a fecund of illnesses to exposure to electromagnetic fields. These illnesses range from cancer to leukemia. In 2000, petitioners sought the issuance of a preliminary injunction on the ground that the NAPOCOR Project impinged on their right to health as enshrined in Article II, Section 15 of the 1987 Constitution, which provides: Sec. 15. The State shall protect and promote the right to health of the people and instill consciousness among them. The trial court temporarily restrained the respondent from energizing and transmitting high voltage electric current through the said project. NAPOCOR filed a Petition for Certiorari with the Court of Appeals. Alluding to Presidential Decree No. 1818 (1981), "Prohibiting Courts from Issuing Restraining Orders or Preliminary Injunctions in Cases Involving Infrastructure and Natural Resource Development Projects of, and Public Utilities Operated by, the Government,” particularly Sec. 1, NAPOCOR stalwartly sought the dismissal of the case on the ground of lack jurisdiction.

_______________________

The case of LLDA v. CA, 231 SCRA 292 (1994), states that “the right to health is a fundamental human right.”

1

6

GOVERNMENT AND LEGAL SYSTEM

Presidential Decree No. 1818 provides: Section 1. No Court in the Philippines shall have jurisdiction to issue any restraining order, preliminary injunction or preliminary mandatory injunction in any case, dispute, or controversy involving an infrastructure project, or a mining, fishery, forest or other natural resource development project of the government, or any public utility operated by the government, including among other public utilities for transport of the goods or commodities, stevedoring and arrastre contracts, to prohibit any person or persons, entity or government official from proceeding with or continuing the execution or implementation of any such project, or the operation of such public utility or pursuing any lawful activity necessary for such execution, implementation or operation. In the meantime, the trial court ordered the issuance of a writ of preliminary injunction against NAPOCOR. It was of the view that Presidential Decree No. 1818 and jurisprudence proscribing injunctions against infrastructure projects do not find application in the case at bar because of the health risks involved. The Court of Appeals reversed the trial court’s order. Hence, this petition. Issue: Whether or not the trial court has jurisdiction to issue a TRO and a preliminary injunction even if the petitioners’ right to health is at stake? Held/Ratio: YES, the trial court has jurisdiction. The issue of petitioner’s right to health is a veritable question of law thus removing the case from the protective mantle of Presidential Decree No. 1818. Moreover, the issuance by the trial court of a preliminary injunction finds legal support in Section 3 of Rule 58 of the Rules of Court. For a writ of preliminary injunction to be issued, the Rules do not require that the act complained of be in violation of the rights of the applicant. Indeed, what the Rules require is that the act complained of be probably in violation of the rights of the applicant. In the case at bar, there is adequate evidence on record to justify the conclusion that the project of NAPOCOR probably imperils the health and safety of the petitioners so as to justify the issuance by the trial court of a writ of preliminary injunction. Petitioners adduced in evidence copies of studies linking the incidence of illnesses such as cancer and leukemia to exposure to electromagnetic fields. Despite the parties’ conflicting results of studies made on the issue, the possibility that the exposure to electromagnetic radiation causes cancer and other disorders is still, indeed, within the realm of scientific scale of probability. In sum, what Presidential Decree No. 1818 aims to avert is the untimely frustration of government infrastructure projects, particularly by provisional remedies, to the detriment of the greater good by disrupting the pursuit of essential government projects or frustrate the economic development effort of the nation. Presidential Decree No.

7

TOUR OF THE HORIZON

1818, however, was not meant to be a blanket prohibition so as to disregard the funda mental right to health, safety and well-being of a community guaranteed by the fundamental law of the land. In the present case, the far-reaching irreversible effects to human safety should be the primordial concerns over presumed economic benefits per se as alleged by the NAPOCOR. Eduardo F. Hernandez, et al. vs. National Power Corporation GR No. 145328, March 23, 2006 Right to a Balanced Ecology SEC. 16. The State shall protect and advance the right of the people to a bal2 anced and healthful ecology in accord with the rhythm and harmony of nature. Bill of Rights Article III Right to Due Process of Law SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Right to Privacy SEC. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may pro_______________________
2

Sunrise in Bantayan Island. (A. Oposa)

The case of Minors Oposa v. Factoran, 224 SCRA 792 (1993), states that the right to a balanced ecology is an enforceable legal right.

8

GOVERNMENT AND LEGAL SYSTEM

duce, and particularly describing the place to be searched and the persons or things to be seized. Right of Access to Information SEC. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Firepower in the Legal Arsenal The constitutional right to information is a very powerful tool in the game and legal arsenal of environmental advocacy. For example, it can be used to legally compel the Government to release the relevant environmental data. Thus, it is our Constitutional right to demand that Government release, for example, data on the environmental performance of a certain company. Of course, it is also a legal duty of the polluting company to submit truthful and accurate data to the Government, in fact, in pain of perjury. All together, the stimulus of transparency makes for better environmental governance. Transparency is a most effective tool to deter environmental mischief. A company which knows, for example, that its pollution data can be made public will do its best to clean up. A logging or mining company which knows that its environmental records can be opened for public scrutiny, will also do its best to comply with the environmental standards. In the U.S. jurisdiction, they belatedly realized the power of the “Community Right to Know” provisions of their laws. In many societies, especially in Asia, social sanction has long been held as the highest form of punishment, more painful than ordinary legal sanction. In this part, it is quite quaintly called “the loss of face.”

Right of Access to Information The right to information on matters of public concern is applicable and enforceable against a government-owned corporation. Said corporation cannot invoke the right to privacy, a right available only to individuals. Facts: the GSIS: Valmonte, together with other members of the media, sought to compel

9

1989 10 . A public agency like the GSIS cannot invoke said right. Valmonte v. In reply. and c. A corporation has no right to privacy Isla Encantada. The public nature of the loanable funds of the GSIS and the public office held by the alleged borrowers make the information sought a matter of public concern. et al.. Petitioners have the right to access to the public documents. in this case.” Government. b. The GSIS cannot plead privacy because privacy may be raised only by the party concerned. Oposa) privacy is an inquiry to the feelings and sensibilities of the party and a corporation would have no such ground for relief. compel GSIS to reveal the desired information? Held: Yes. “since the entire basis of the right to (A.” But the Constitution does not accord them the right to compel custodians of official records to prepare lists. Cebu. G. and the like in their desire to acquire information on matters of public concern. abstracts. discharges the same function of service to the people.TOUR OF THE HORIZON a. But this does not mean that GSIS must furnish the petitioners with the list of the names requested. The right to privacy belongs to the individual and must be invoked by the individual. whether carrying out its sovereign attributes or running some business. No. Bantayan Island. 74930 February 13. But considering the public office of the borrowers. GSIS asserts confidentiality of its relationship with those who obtain loans. to allow them access to public records for the subject information. the borrowers. they still cannot plead privacy. R. it was clearly the intent of the Constitutional Commission to include government-owned and controlled corporations in the scope of the right to information. to furnish them with certified true copies of the documents evidencing their respective loans. Issue: Can Valmonte. Belmonte 170 SCRA 256. The constitutional right gives them “access to official records. Moreover. summaries. to furnish them with the list of names of Batasan members belonging to UNIDO and PDP-Laban who were able to secure clean loans immediately before the February 7 election through the intercession of Imelda Marcos.

Tuvera (136 SCRA 27).” “In recognizing the people’s right to be informed . . Legaspi of Cebu City requested for information from the Civil Service Commission. such as. Legaspi had no right to ask the Court to compel the Commission to give him the information he seeks. the Commission asserted that it had the discretion on whether or not it should furnish a person with the information requested. there lies a corresponding duty on the part of those who govern to respect and protect that right. 3 11 . Issue: Does Mr.” Issue: Can the respondent exercise its discretion to refuse Mr.GOVERNMENT AND LEGAL SYSTEM The Right to Information is Not Discretionary Information of public concern is a demandable right. this right admits of exceptions such as when the information requested is a matter of national security. . Legaspi have the right to obtain the information he seeks? Held: Yes. Mr. The Commission defended itself by saying that Mr. In Tañada v. According to the Supreme Court. Legaspi based his demand on Sec. he filed a petition before the Supreme Court to compel the Commission to disclose the information he sought. the New Charter expressly mandates the duty of the State and its agents to afford access to official records. the requirement of personal interest is satisfied by the mere fact that the petitioner is a citizen. it being sufficient to show that he is a citizen and as such interested in the execution of the laws. part of the general ‘public’ which possesses the right. Facts: Attorney Valentin L. They can only prescribe the manner by which the right can be exercised. 7. for example. When the Commission denied his request. Article III of the 1987 Constitution which describes a person’s constitutional right to information on matters of public concern. papers. documents. Government officials have no discretion whether or not to release the information. it becomes apparent that when a mandamus proceeding involves the assertion of a public right. The right of the people to have information on matters of public interest is. and in addition. He wanted to know if two persons who were appointed as sanitarians in the Health Department of the city were civil service eligible.” 3 “From the foregoing. “For every right of the people recognized as fundamental. However. government research data _______________________ Mandamus is a technical term used to refer to the legal action to compel a government office to perform an act required by law. Moreover. and therefore. that it can be secured only during office hours. the people are regarded as the real party in interest and the realtor at whose instigation the proceedings are instituted need not show that he has any legal or special interest in the result. it was said that “when the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty. Legaspi access to such information? Held: No. a public right. by its very nature.

subject to such limitations as may be provided by law (Sec.Ozaeta. it is for the courts to decide on a case-to-case basis whether an information sought is of public interest or concern. this time ‘subject to reasonable conditions prescribed by law.” “(T)he constitutional guarantee to information on matters of public concern is not absolute. examine. Two requisites must first be fulfilled in order for the right to be enforceable: a. Article II thereof. . Article III. “The decisive question on the propriety of the issuance of the writ of mandamus in this case is whether the information sought by the petitioner is within the ambit of the constitutional guarantee. to wit: Subject to reasonable conditions prescribed by law. b. or copy records relating to registered lands. Article III).” Issue: Is there any limitation on the constitutional right to information? Held: Yes. . the information the petitioner sought to access is clearly of public interest. The information sought is of public concern or one that involves public interest. that the right of other persons entitled to make inspection may be insured. Certain types of information may not be available for public scrutiny. .” However. 1987 Constitution). 7. .’ We were emphatic in our statement that the authority to regulate the manner of examining public records does not carry with it the power to prohibit. . . 80 Phil. 28. . with the adoption of a policy of full public disclosure. We (Supreme Court) recognized the authority of the Register of Deeds to regulate the manner in which persons desiring to do so may inspect. “It is clear from the foregoing pronouncements of this Court (in the cited case of Tañada and in Subido v. such as those affecting national security. and. prescribing the manner and hours of examination to the end that damage to or loss of the records may be avoided. With regard to the first.” It is still “subject to limitations as may be provided by law” (Sec. that undue interference with the duties of the custodian of the books and documents and other employees may be prevented. It is not exempted by law from the operation of the constitutional guarantee. In this case. “It is the legitimate concern of citizens to ensure that government positions requiring civil service eligibility 12 . information of public concern.’ in Sec. “this is not to lose sight of the reasonable regulations which may be imposed by said agencies in custody of public records on the manner in which the right to information may be exercised by the public. 383) that government agencies are without discretion to refuse disclosure of. However.TOUR OF THE HORIZON used as basis for policy development. or access to. In the Subido case. The guarantee has been further enhanced . A distinction has to be made between the discretion to refuse outright the disclosure of or access to a particular information and the authority to regulate the manner in which the access is to be afforded. the regulations which the Register of Deeds may promulgate are confined to: ‘. 7. the State adopts or implements a policy of full public disclosure of all its transactions involving public interest.

1987 National Economy and Patrimony Article XII Efficient Use of Resources SECTION 1. 72119 May 29. especially the underprivileged. and similar collective organizations. through industries that make full and efficient use of human and natural resources. The goals of the national economy are a more equitable distribution of opportunities. Legaspi v. No. The gions of the country shall be given periwinkle trail’d its wreaths. R. In the pursuit of these goals. It is in fact the case that civil service examination results are released to the public. Tapan.GOVERNMENT AND LEGAL SYSTEM are occupied only by persons who are eligible. Civil Service Commission 150 SCRA 530. including corWordsworth (G. shall be encouraged to broaden the base of their ownership. There is therefore no reason to withhold it from the petitioner.” With regard to the second requisite. Natural Heritage) porations. The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform.” Here. and an expanding productivity as the key to raising the quality of life for all. every flower Enjoys the air it breathes. “the information sought must not be among the species exempted by law from the operation of the constitutional guarantee. 13 . And ‘tis my faith that optimum opportunity to develop.” — William Private enterprises. and which are competitive in both domestic and foreign markets. a sustained increase in the amount of goods and services produced by the nation for the benefit of the people. cooperatives. G. the petitioner’s right to know is upheld because there is no law prohibiting such information from being disclosed. in that sweet bower. the State shall protect Filipino enterprises against unfair foreign competition and trade practices. However. income. all sectors of the economy and all re“Through primrose tufts. and wealth.

forests or timber. fisheries. allow small-scale utilization of natural resources by Filipino citizens. flora and fauna. Tapan. In such agreements. and other mineral oils. territorial sea. or industrial uses other than the development of water power. coal. Natural Heritage) The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration. minerals. The State shall protect the nation’s marine wealth in its archipelagic waters. petroleum. water. All lands of the public domain. The exploration. and utilization of minerals. development. and utilization of natural resources shall be under the full control and supervision of the State. ney. wildlife. within thirty days from its execution. 14 . all forces of potential energy. water supply. all other natural resources shall not be alienated. The President shall notify the Congress of every contract entered into in accordance with this provision. and reserve its use and enjoyment exclusively to Filipino citizens. fisheries. 2. it is contained in men and fish workers in rivers. and exclusive economic zone.” — Loran Eisely.TOUR OF THE HORIZON State Ownership of Natural Resources SEC. Such agreements may be for a period not exceeding twentyfive years. the State shall promote the development and use of local scientific and technical resources. The Immense Jourlakes. renewable for not more than twenty-five years. development. with priority to subsistence fisher“If there is magic on this planet. beneficial use may be the measure and limit of the grant. or it may enter into co-production. In cases of water rights for irrigation. bays. waters. The Congress may. by law. petroleum. and lagoons. joint venture. and other natural resources are owned by the State. The State may directly undertake such activities. With the exception of agricultural lands. and other mineral oils according to the general terms and conditions provided by law. or production-sharing agreements with Filipino citizens or corporation or associations at least sixty percent of whose capital is owned by such citizens. 1957 (G. based on real contributions to the economic growth and general welfare of the country. and under such terms and conditions as may be provided by law. as well as cooperative fish farming.

mineral lands. and not to exceed one thousand hectares in area. 15 . such forest lands and national parks shall be conserved and may not be increased nor diminished. Taking into account the requirements of conservation. renewable for not more than twenty-five years. determine by law the specific limits of forest lands and national parks.GOVERNMENT AND LEGAL SYSTEM Lands of Public Domain and Classification SEC. subject to the provisions of this Constitution and national development policies and programs. as soon as possible. The Congress shall. and subject to the requirements of agrarian reform. the size of lands of the public domain which may be acquired. held. and development. Limits of Forest Lands and National Parks SEC. ecology. their boundaries must be clearly identified and marked on the ground with clear and visible boundary markers. or grant. Alienable lands of the public domain shall be limited to agricultural lands. and cultural well-being. social. marking clearly their boundaries on the ground. shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic. or leased and in the conditions therefore. forest or timber. homestead. (Neal Oshima. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Private corporations or associations may not hold such alienable lands of the public domain except by lease. except by law. 3. Thereafter. Citizens of the Philippines may lease not more than five hundred hectares. measures to prohibit logging in endangered forest and watershed areas. for a period not exceeding twenty-five years. 4. for such period as it may determine. and national parks. Congress shall determine. developed. The State. or acquire not more than twelve hectares thereof by purchase. by law. Indigenous Cultural Communities Before the forests can be protected. The Congress shall provide. Forest) SEC. Lands of the public domain are classified into agricultural. 5.

subject to such priorities and reasonable retention limits as the Congress may prescribe. developmental. 7. Tapan. and subject to the payment of just compensation. To this end.K. establish. to was bad. to own directly or collectively the lands they till or. It shall provide support to such fishermen through appropriate technology and research. The State shall further provide incentives for voluntary landsharing. 4. Natural Heritage) thereof. Preferential Use of Marine Resources for Subsistence Fishermen SEC. The protection shall extend to offshore fishing grounds of subsistence 16 . or equity considerations. The State shall also protect. shall have the right to own. adequate financial. especially of local communities. and similar collective organizations. the State shall encourage and undertake the just distribution of all agricultural lands. it was the catching that the case of other farm workers. in “The fishing was good. The use of property bears a social function and all economic agents shall contribute to the common good. undertake an agrarian reform program founded on the right of farmers and regular farm workers. cooperatives. Individuals and private groups. subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. the State shall respect the rights of small landowners.” — A. and marketing assistance. Social Function of Property SEC. Social Justice and Human Rights Article XIII Ecological Considerations in Agrarian Reform SEC. develop. who are landless. In determining retention limits. and conserve such marine resources. production.TOUR OF THE HORIZON The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. The State shall. The State shall protect the rights of subsistence fishermen. Best receive a just share of the fruits (G. including corporations. 6. and other services. and operate economic enterprises. to the preferential use of the communal marine and fishing resources. by law. taking into account ecological. both inland and offshore.

Health Care and Regulation SEC. Role and Rights of People’s Organizations SEC. 14. Fish workers shall receive a just share from their labor in the utilization of marine and fishing resources. disabled. health and other social services available to all the people at affordable cost. The State shall ensure the autonomy of local governments (Article II) General Environmental Laws Philippine Environmental Policy (Presidential Decree 1151) Whereas. within the democratic framework. at times. women. taking into account their maternal functions. or sectoral organizations that promote the welfare of the nation (Article II). The State shall protect working women by providing safe and healthful working conditions. their legitimate and collective interests and aspirations through peaceful and lawful means. Rights of Women SEC. People’s organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership. and structure. 11. SEC. The State shall endeavor to provide free medical care to paupers. There shall be priority for the needs of the underprivileged. and children. sick. The State shall respect the role of the independent people’s organizations to enable the people to pursue and protect. 23. 15. and increasing 17 . membership. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods. 12. SEC. the individual and. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health manpower development and research.PHILIPPINE ENVIRONMENTAL POLICY fishermen against foreign intrusion. conflicting demands of population growth. urbanization. elderly. The State shall encourage nongovernmental. responsive to the country’s health needs and problems. community-based. industrial expansion. Local Autonomy Article X SEC. 25. and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. rapid natural resources utilization.

and Whereas. it shall be the responsibility of the government. Tapan. in promoting the general welfare to the end that the nation may (a) recognize. or endangering human life. do hereby order and decree: SECTION 1. healthful. and safety or creating conditions adverse to agriculture. I. 3. integrated program of environmental protection that will bring about a concerted effort towards the protection of the entire spectrum of the environment through a requirement of environmental impact assessments and statements: Now. commerce. (b) to fulfill the social. Marcos.” — St. Ferdinand E. maintain. to use all practicable means. President of the Philippines. Policy—It is hereby declared a continuing policy of the State (a) to create.TOUR OF THE HORIZON technological advances have resulted in a piece-meal approach concept of environmental protection. discharge. and aesthetic environment. by virtue of the powers vested in me by the Constitution. (c) encourage the widest exploitation of the environment without degrading it. such tunnel-vision concept is not conducive to the attainment of an ideal environmental situation where man and nature can thrive in harmony with one another. and (c) to ensure the attainment of an environmental quality that is conducive to a life of dignity and well-being. Therefore. economic and other requirements of present and future generations of Filipinos. John Perse as trustee and guardian of the en(G. Whereas. Natural Heritage) vironment for succeeding generations. SEC. pursuing SEC. decent. health. and fulfill “Sing. the government recognizes the right of the people to a healthful environment. in cooperation with concerned private organizations and entities. consistent with other essential considerations of national policy. (e) attain a rational and orderly balance between population and resource use. (d) preserve important historic and cultural aspects of the Philippine heritage. Right to a Healthy Environment—In furtherance of these goals and policies. there is now an urgent need to formulate an intensive. (b) assure the people of a safe. and (f) improve the utilization of renewable and nonrenewable resources. Goal—In this policy. sweetness to the last palpitation of the evening the responsibilities of each generation and the Breeze. productive. 2. and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other. and industry. It 18 . develop.

a finding must be made that such use and commitment are warranted. the environmental impact of the proposed action. 5. Agency Guidelines—The different agencies charged with environmental protection as enumerated in Letter of Instruction No. Philippine Environment Code (Presidential Decree 1152) Whereas. c. file. any adverse environmental effect which cannot be avoided should the proposal be implemented. _______________________ All reference to the NEPC (or council) and the National Pollution Control Commission (NPCC) shall mean to refer to the DENR. whenever a proposal involves the use of depletable or nonrenewable resources. or undertaking which significantly affects the quality of the environment a detailed statement on: a. rules. SEC. d. within sixty (60) days from the effectivity of this Decree. 7. 1977. presidential decrees. and regulations to carry out the provisions of Section 4 hereof on environmental impact assessments and statements. a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same. and regulations or parts thereof which are inconsistent with the provisions of this Decree are hereby repealed. or special expertise on. project. executive orders. Effectivity—This Decree shall take effect immediately. rules. all agencies and instrumentalities of the national government. SEC. alternative to the proposed action. as well as private corporations firms and entities shall prepare. their respective guidelines. b. Repealing Clause—All acts. including government-owned or controlled corporations. 4 19 . Before an environmental impact statement is issued by a lead agency. amended. 6. SEC. Done in the City of Manila this 6th day of June. Environmental Impact Statements—Pursuant to the above enunciated policies and goals. 4. SEC. submit to the National Environmental Protection 4 Council (NEPC). and e. the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same. 422 shall. and include in every action.PHILIPPINE ENVIRONMENT CODE shall be the duty and responsibility of each individual to contribute to the preservation and enhancement of the Philippine environment. or undertaking. project. all agencies having jurisdiction over. the broad spectrum of environment has become a matter of vital concern to the government. or modified accordingly.

such a program can assume tangible and meaningful significance only by establishing specific environment management policies and prescribing environment quality standards in a Philippine Environment Code: Now. Please see Chapter 3). 192. However. A. Therefore. 1987. No. Sec. it is necessary that the creation of the Council be implemented with the launching of a comprehensive program of environmental protection and management. 17 and 20. esp. the national leadership has taken a step towards this direction by creating 5 the National Environmental Protection Council under Presidential Decree No.” Title I—Air Quality Management “We are surrounded by a rich and fertile mystery. were creatively used to compel the various government agencies to clean up Manila Bay. Short Title—This Decree shall be known and cited as the “Philippine Environment Code. Whereas. do hereby order and decree: SECTION 1. The provisions quoted hereunder. No. 8749.TOUR OF THE HORIZON Whereas. I. 20 . Ferdinand E. 1121. Oposa) Note: The provisions on air quality management have been revised by the Clean Air Act of 1999 (R. Marcos. by virtue of the powers vested in me by the Constitution.O. President of the Republic of the Philippines. the case is still under litigation with the Government filing a Petiton for Review before the Supreme Court from the Decision of the Court of Appeals.” — Henry David Thoreau (A. s. E. Please see Chapter 4) . Please news article below. _______________________ 5 Abolished by Sec. Title II—Water Quality Management Note: The provisions on Water Quality have been revised by the Clean Water Act (Republic Act ____. Whereas. 16.

Judges Eugenio Labitoria and Jose Reyes Jr. the agencies are now compelled to save the country’s most important coastline following a landmark decision by the Court of Appeals (CA) to favor Manila Bay area residents. depth.” the CA ruling said. area covered. a. recreational. Philippine Coast rate of flow. obtained and aesthetic purposes. direction. c. d. the existing quality of The appellate court. the National Pollution Control Commission. rehabilitate. through lawyer Tony Oposa of the Philippine Bar Association (PBA). and protect Manila Bay. shall classify Philippine waters. Chapter I—Classification and Standards SEC. October 13. and responsibilities for surveillance and mitigation of pollution incidents. The Star. Bureau of Fisheries and Aquatic Resources. the the body of water at the time of Philippine Ports Authority and 12 other national government offices for being remiss in their obligation to clean up. navigational. the National Pollution CA RULING COMPELS GOVT. virtual body of water filled with fecal coliform. volume. Also included in the suit were the Department of Environment and Natural Resources. Metropolitan Manila Development Authority. Purpose—It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through: a. 13. in a resolution dated Sept. who filed following: a class suit against the national government in 1999. each performing its basic function in rehabilitating and cleaning up the waters of Manila Bay. Guard. Cavite dated Sept. Department of Education and Department of and the Interior and Local Government.” CA Second Division Associate Judge Eliezer de Los Santos. Classification of Philippine Waters—The National Pollution Control 6 in coordination Commission. protection and improvement of the quality of the Philippine water resources. cracked the whip on the Metropolitan Waterworks and Sewerage Systems. classification of Philippine waters. the size. according to their best usage. against the Philippine government in January 1999. 15. c. ‘ TO CLEAN UP MANILA BAY Control Commission shall take MANILA. the most beneficial uses The CA specifically tasked government agencies to come up with a “concerted plan of action to clean up and rehabilitate the Manila Bay and its waterways to restore it to Class SB of said bodies of water and lands classification (bathing standard) and to revitalize its marine life. Department of Agriculture. in coordination with appropriate government agencies. 2005. b. Reclassification of Waters Based on Intended Beneficial Use—Where the public interest so requires. favoring concerned residents in cities and municipalities surrounding Manila Bay in a class suit filed trial. as concurred by Associate bordering them for residential. All references to NPCC now refer to the DENR. 2005 (STAR) By Michael Punongbayan—Fifteen government into account.” “The decision of the lower court does not require defendants to do tasks outside of their usual functions. 14. surface act. SEC. establishment of water quality standards. upheld the earlier decision of Executive Judge agricultural.. commercial.PHILIPPINE ENVIRONMENT CODE SEC. which has been downgraded into a classification. 16. among others. indusLucenito Tagle of the Regional Trial Court of Imus. 2002. the Local Water Utilities Administration. However. All 15 government agencies. which he described as a “grandslam” victory for environmental advocates like him who fear for the continuing depletion and deterioration of the country’s natural resources. 28. In classifying said waters. They are merely directed to come up with consolidated and coordinated efforts. after losing at the lower court. 21 . The order gives the 15 agencies and all concerned local government units six months to b. took the case to the CA in an effort to reverse the ruling. with appropriate government agencies. Department of Budget and Management. Philippine National Police— Maritime Group. gradient of stream. the CA said the consolidated appeal was “bereft of merit. shall reclas_______________________ 6 a copy of the 13-page decision.

and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries. 17. utilization. 21. Other government agencies may adopt higher standards for a particular body of water. the government agencies concerned shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. the standard of water quality or purity may vary according to beneficial uses. water-borne sources. In the performance of the above functions. storage. the following: a. among others. and clean up water pollution incidents at his own expense. Upgrading of Water Quality— Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage. and distribution of hazardous. fertilizers. pesticides. taking into consideration. Water Quality Monitoring and Surveillance—The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution. 1121. and dumping of untreated wastewater. SEC. Chapter II—Protection and Improvement of Water Quality SEC. 22 . Clean-up Operations—It shall be the responsibility of the polluter to contain. Enforcement and Coordination—The production.TOUR OF THE HORIZON sify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water. SEC. discharge. the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality standards. and b. subject to the approval of the National Pollution Control Commission. and other human activities as well as those resulting from accidental spills and discharges shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. heavy metals. SEC. 18. Water Quality Standards— The National Pollution Control Commission shall prescribe quality and effluent standards consistent with the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections. mine tailings. toxic. 20. and oils. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. removal. and other substances such as radioactive materials. remove. and the disposal. In case of his failure to do so. SEC. 19. the government agencies concerned shall undertake containment. the technology relating to water pollution control.

PHILIPPINE ENVIRONMENT CODE

Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises. Note: All of the above provisions of water quality have been superseded by the Clean Water Act of 2004, RA 9275. Title III—Land Use Management SEC. 22. Purpose—The purposes of this Title are: a. to provide a rational, orderly, and efficient acquisition, utilization, and disposition of land and its resources in order to derive therefrom maximum benefits; and b. to encourage the prudent use and conservation of land resources in order to prevent an imbalance between the nation’s needs and such resources. SEC. 23. National Land Use Scheme—The Human Settlements Commission, in coordination with the appropriate agencies of the government, shall formulate and recommend to the National Environmental Protection Council a land use scheme consistent with the purpose of this Title. The land use scheme shall include among others, the following: a. a science-based and technology-oriented land inventory and classification system; b. a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle, or abandoned; c. a comprehensive and accurate determination of the adaptability of the land for community development, agriculture, industry, commerce, and other fields of endeavor; d. a method of identification of areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values, or natural systems or processes of national significance; e. a method for exercising control by the appropriate government agencies over the use of land in areas of critical environmental concern and areas impacted by public facilities including, but not limited to, airports, highways, bridges, ports and wharves, buildings, and other infrastructure projects; f. a method to ensure the consideration of regional development and land use in local regulations; g. a policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities; h. a system of controls and regulations pertaining to areas and development activities designed to ensure that any source of pollution will not be located where it would result in a violation of any applicable environmental pollution control regulations; and i. a recommended method for the periodic revisions and updating of the national land use scheme to meet changing conditions. 23

TOUR OF THE HORIZON

SEC. 24. Location of Industries—In the location of industries, factories, plants, depots, and similar industrial establishments, the regulating or enforcing agencies of the government shall take into consideration the social, economic, geographic, and significant environmental impact of said establishments. Title IV—Natural Resources Management and Conservation SEC. 25. Purposes— The purposes of this Title are: a. to provide the basic policy on the management and conservation of the country’s natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations; and b. to provide general measures through which the aforesaid policy may be carried out effectively. Chapter I—Fisheries and Aquatic Resources Note: The policies on fisheries and aquatic resources are further reiterated and amplified by the Fisheries Code of 1998 (Rep. Act No. 8550. Please see Chapter 4 Sea). PolSEC. 26. Management icy—The national government, through the Department of Natural 7 Resources, shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the same. SEC. 27. Measures for National Exploitation—Measures for the national exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following: a. undertaking manpower and expertise development; b. acquiring the necessary facilities and equipment;
_______________________
7

“If you gave me several million years, there would be nothing that did not grow in beauty if it were surrounded by water.” — Jan Erik Vold, What All The World Knows, 1970

(Yvette Lee)

DNR is now the DENR.

24

PHILIPPINE ENVIRONMENT CODE

c. regulating the marketing of threatened species of fish or other aquatic resources; d. reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and e. conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef areas, and islands serving as sanctuaries for fish and other aquatic life. Chapter II—Wildlife Note: SECTIONS 28 and 29. The provisions of these sections are deemed modified by Rep. Act 9147, the new comprehensive law on the Conservation and Protection of Wildlife (Please see Chapter 3, Protected Species) Chapter III—Forestry and Soil Conservation SEC. 30. Management Policy for Forestry—The national government, through the Department of Natural Resources, shall undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country’s forest resources at maximum productivity at all times. SEC. 31. Measures for Rational Exploitation of Forest Resources—Measures for the rational exploitation of forest resources may include, but shall not be limited to, the following: a. regulating the marketing of threatened forest resources;
“The nation that destroys its soil destroys itself.” — Franklin D. Roosevelt (N. Oshima, Forest)

b. reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement

thereof; 25

TOUR OF THE HORIZON

c. conserving threatened species of flora as well as increasing their rate of propagation; the banning of destructive modes of exploitation, kaingin making or shifting cultivation, indiscriminate harvesting of minor forest products, the recycling methods of waste materials, and d. carrying out a continuing effect on reforestation, timber stand improvement, forest protection, land classification, forest occupancy management, agriculture, range management, agricultural/kaingin management, industrial tree plantation, parks and wildlife management, multiple use forest, timber management and forest research. SEC. 32. Use of Fertilizers and Pesticides—The use of fertilizers and pesticides in agriculture shall be regulated prescribing therefore a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation. SEC. 33. Management Policy on Soil Conservation—The national government, through the Department of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation program Grass and sky are the two canvasses into which the including therein the identification rich details of the Earth are drawn. — Louise and protection of critical watershed Erdrich, Big Grass areas, encouragement of scientific far(G. Tapan, Natural Heritage) ming techniques, physical and biological means of soil conservation, and short-term and long-term researches and technology for effective soil conservation. Chapter IV—Flood Control and Natural Calamities SEC. 34. Measures in Flood Control Program—In addition to the pertinent provisions of existing laws, the following shall be included in a soil erosion, sediment, and flood control program: a. the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores; 26

PHILIPPINE ENVIRONMENT CODE

b. the control of flow and flooding in and from rivers and lakes; c. the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water; d. the needs of fisheries and wildlife and all other recreational uses of natural water; e. measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and availability of natural water for other purposes; and f. measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired. SEC. 35. Measures to Mitigate Destructive Effects of Calamities—The national government, through the Philippine Atmospheric, Geophysical, and Astronomical Services Administration, shall promote intensified and concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects. Chapter V—Energy Development Note: The following provisions are deemed modified and amplified by the creation of the Department of Energy, R. A. No. 7638 (1992). SEC. 36. Policy—Consistent with the environmental protection policies, the national government, through the Energy Development Board, shall undertake an energy 8 development program encouraging therein the utilization of invariant sources such as solar, wind, and tidal energy. SEC. 37. Measures for Energy Development—Measures for [an] energy development program may include, but shall not be limited to, the following: a. setting up of pilot plants utilizing invariant sources of energy; b. training of technical personnel for purposes of energy development; and c. conducting researches aimed at developing technology for energy development. SEC. 38. Safety Measures on Energy Development—Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear-powered plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall: a. observe internationally accepted standards of safety; and

_______________________
8

Also known as renewable sources of energy.

27

TOUR OF THE HORIZON

b. provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community. Chapter VI—Conservation and Utilization of Surface and Ground Waters SEC. 39. Management Policy—In addition to existing laws, the national government, through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of the quality of Philippine water resources and provide for the prevention, control, and abatement of water pollution. Chapter VII—Mineral Resources Note: The provisions on mineral resources are deemed amplified by the Philippine Mining Act of 1995 (R. A. No. 7942). SEC. 40. Management Policy—The national government, through the Department of Natural Resources, shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor. SEC. 41. Measures for Exploitation and Utilization of Mineral Resources— Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may include, but shall not be limited to, the following: a. increasing research and development in mineral resources technology; b. training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields; c. regulating the exploitation of identified mineral reserves; d. accelerating the exploration of undiscovered mineral deposits; and e. encouraging the establishment of processing plants for refined metals. Title V—Waste Note: Sections 42 to 49 on waste management are deemed modified by the Solid Waste Management Act (R.A. 9003). The responsibility of local governments for solid waste management is further amplified by the provisions of the Local Government Code of 1991 (Rep. Act No. 7160) and the Ecological Solid Waste Management Act (R.A. 9003).

28

PHILIPPINE ENVIRONMENT CODE

Chapter III—Methods of Liquid Waste Disposal (Deemed Revised by the Clean Water Act, R.A. 9275) SEC. 50. Liquid Waste Disposal—Wastewater from manufacturing plants, industries, community or domestic sources shall be treated either physically, biologically, or chemically, prior to disposal in accordance with the rules and regulations promulgated by proper government authority. SEC. 51. Applicability of Section 8— The provisions of Section 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water. Title VI—Miscellaneous Provisions SEC. 52. Population-Environment Balance—In the assessment of development projects, the National Environmental Protection Council, hereinafter referred to in this Title as the “Council” shall take into consideration their effect on the population with a view to achieving a rational and orderly balance between man and his environment. SEC. 53. Environmental Education— The Department of Education and Culture shall integrate subjects on environmental education in its school curricula at all levels. It shall also endeavor to conduct special community education emphasizing the relationship of man and nature as well as envi-

“The emergence of intelligence, I am convinced, tends to unbalance the ecology. In other words, intelligence is the great polluter. It is not until a creature begins to manage its environment that nature is thrown into disorder.” — Clifford D. Simak (Cora Claudio)

ronmental sanitation and practices. The Council and other government agencies implementing environmental protection laws in coordination with public information agencies of the government shall undertake public information activities for the purpose of stimulating awareness and encouraging involvement in environmental protection. SEC. 54. Environmental Research—The Council shall undertake and/or promote continuing studies and research programs on environmental management and shall, from time to time, determine priority areas of environmental research. SEC. 55. Monitoring and Dissemination of Environmental Information of Foreign Origin—The Council shall keep itself informed of current environmental developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs, government agencies, and other entities, both domestic and foreign. Such information and literature shall be given the widest dissemination possible. 29

TOUR OF THE HORIZON

SEC. 56. Incentives—To operate the installation and the utilization of pollution control facilities, the following incentives are hereby granted: a. exemption to the extent of fifty percent (50%) of tariff duties and compensating tax for the importation of pollution control equipment, devices, spare parts and accessories for a period of five (5) years from the effectivity of this Decree subject to the conditions that will be imposed by the Council; b. a tax credit equivalent to fifty percent (50%) of the value of the compensating tax and tariff duties that would have been paid on the pollution control equipment, devices, spare parts, and accessories had these items been imported shall, within a period of seven (7) years from the effectivity of this Decree, be given to the person or firm who or which purchases them from a domestic manufacturer, and another tax credit equivalent to twenty-five percent (25%) thereof shall be given to the said manufacturer subject to such conditions as may be imposed by the Council; and c. deductions equivalent to fifty percent (50%) of the expenses actually incurred on research projects undertaken to develop technologies for the manufacture of pollution control equipment which have been proven effective and commercially reproducible, from the “Though inland far we be, Our souls have sight taxable income of the person or firm of that immortal sea Which brought us actually undertaking such projects subhither.”— William Wordsworth, Intimations ject to the conditions that may be imof Immortality posed by the Council. (A. Oposa) The pollution control equipment, devices, spare parts, and accessories acquired under this Section shall not be sold, transferred, or disposed of within five (5) years from the date of acquisition without the prior approval of the Council, otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted. Incentives While the incentives mentioned above (Sec. 55) have lapsed and are no longer applicable, other incentives granted by the annual list of investment priority areas are still available (e.g., income tax holidays, tax credits, etc.) Please see Chapter 7 for an example of the listing of the incentives for environment - related industries and facilities.

30

PHILIPPINE ENVIRONMENT CODE

SEC. 57. Financial Assistance/Grant—Financial assistance/grant for the study, design, and construction of environmental protection facilities especially for waste disposal in favor of cities, municipalities, small- and medium-scale industries may be granted on a case-to-case basis subject to such conditions as may be imposed by the Council. SEC. 58. Participation of Local Government Units and Private Individuals—It shall be the responsibility of local government units as well as private individuals to actively participate in the environmental management and protection programs of the government. SEC. 59. Preservation of Historic and Cultural Resources and Heritage—It shall be the duty of every person to help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents, objects, memorials and priceless trees. SEC. 60. Government Offices Performing Environmental Protection Functions— Government agencies vested by law to exercise environmental management power, shall continue to function as such within their respective jurisdictions. The Council may, however, in the exercise of its powers and functions under Presidential Decree No. 1121, inquire into any action or issue of environmental significance. SEC. 61. Public Hearings—The Council may, whenever it deems necessary, conduct public hearings on issues of environmental significance. SEC. 62. Definition of Terms—As used in this Code: a. Ambient air quality means the average atmospheric purity as distinguished from discharge measurements taken at the source of pollution. It is the general amount of pollution present in a broad area. b. Emission means the act of passing into the atmosphere an air contaminant, pollutant, gas stream, and unwanted sound from a known source. c. Water quality means the characteristics of water which define its use in terms of physical, chemical, and biological contents; hence the quality of water for domestic use is different from industrial use. d. Water quality surveillance means a close and continuous supervision of the water quality to detect developments, movements, or changes in the characteristics of the water. e. Water quality standard means a plan that is established by governmental authority as a program for water pollution prevention and abatement. Such a standard may include water use classification and the criteria to support the uses of the water. f. Effluent standards means restrictions established to limit levels of concentration of physical, chemical, and biological constituents which are discharged from point sources.

31

TOUR OF THE HORIZON

g. Clean-up operations refers to activities conducted in removing the pollutants discharged or spilled in water to restore it to pre-spill condition. h. Accidental spills refers to spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding. i. Areas of critical environmental concern are areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance. j. Hazardous substances means elements or compounds which when discharged in any quantity present imminent or substantial danger to public health and welfare. k. Areas impacted by public facilities refers to areas where the introduction of public facilities may tend to induce development and urbanization of more than local significance or impact. l. Environmental impact is the alteration, to any degree, of environmental conditions or the creation of a new set of environmental conditions, adverse or beneficial, to be induced or caused by a proposed project. m. Government agencies refers to national, local, and regional agencies and instrumentalities including governmentowned and controlled corporations.

“The sun, with all those planets revolving around it and dependent upon it, can still ripen a bunch of grapes as if it had nothing else in the universe to do.” — Galileo (A. Oposa)

Title VII—Final Provisions SEC. 63. Separability of Provisions—If any provision of this Code, or the application of such provision to any person or circumstance, is declared unconstitutional, the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected by such declaration. SEC. 64. Effectivity—This Code shall take effect upon its approval. Done in the City of Manila, this 6th day of June, 1977. 32

ENVIRONMENTAL IMPACT STATEMENT SYSTEM

Environmental Impact Statement System (Presidential Decree 1586)
9

Whereas, the pursuit of a comprehensive and integrated environment protection program necessitates the establishment and institutionalization of a system whereby the exigencies of socio-economic undertakings can be reconciled with the requirements of environmental quality; Whereas, the regulatory requirements of environmental impact statements and assessments instituted in pursuit of this national environmental protection program have to be worked into their full regulatory and procedural details in a manner consistent with the goals of the program. Now, Therefore, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and declare: SECTION 1. Policy—It is hereby deThe land is a mother that never dies. clared the policy of the State to attain and --- Maori maintain a rational and orderly balance between socioeconomic growth and environmental protection. SEC. 2. Environmental Impact Statement System—There is hereby established an Environmental Impact Statement System founded and based on the environmental 10 impact statement required under Section 4 of Presidential Decree No. 1151, of all agencies and instrumentalities of the national government, including governmentowned or controlled corporations, as well as private corporations, firms, and entities, for every proposed project and undertaking which significantly affects the quality of the environment. SEC. 3. Determination of Lead Agency—The Minister of Human Settlements or his designated representative is hereby authorized to name the lead agencies referred 11 to in Section 4 of Presidential Decree No. 1151 which shall have jurisdiction to undertake the preparation of the necessary environmental impact statements on declared environmentally critical projects and areas. All Environmental Impact Statements shall be submitted to the National Environmental Protection Council for review and evaluation. SEC. 4. Presidential Proclamation of Environmentally Critical Areas and Projects—The President of the Philippines may, on his own initiative or upon recommendation of the National Environmental Protection Council, by proclamation declare certain
_______________________

This Law provides in more detail the policy on the assessment of the environmental impact of any proposed project as stated in Sec. 4 of the Environmental Policy Act (P.D. 1151). 10 Philippine Environmental Policy. 11 Environmental Impact Statements.

9

33

TOUR OF THE HORIZON

projects, undertakings, or areas in the country as environmentally critical. No person, partnership, or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly 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 realignment of government personnel, and their specific functions and responsibilities. For the same purpose as above, the Ministry of Human Settlements shall: a. prepare the proper land or water use pattern for said critical project(s) or area(s); b. establish ambient environmental quality standards; c. develop a program of environmental enhancement or protective measures against calamitous factors such as earthquake, floods, water erosion, and others, and d. perform such other functions as may be directed by the President from time to time. SEC. 5. Environmentally Non-critical Projects—All other projects, undertakings, and areas not declared by the President as environmentally critical shall be considered as non-critical and shall not be required to submit an environmental impact statement. The National Environmental Protection Council, through the Ministry of Human Settlements, may, however, require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary. SEC. 6. Secretariat—The National Environmental Protection Council is hereby authorized to constitute the necessary secretariat which will administer the Environmental Impact Statement System and undertake the processing and evaluation of environmental impact statements. SEC. 7. Management and Financial Assistance—The Ministry of Human Settlements is hereby authorized to provide management and financial support to government offices and instrumentalities placed under its supervision pursuant to this Decree financed from its existing appropriation or from budgetary augmentation as the Minister of Human Settlements may deem necessary. SEC. 8. Rules and Regulations—The National Environmental Protection Council shall issue the necessary rules and regulations to implement this Decree. For this purpose, the National Pollution Control Commission may be availed of as one of its implementing arms, consistent with the powers and responsibilities of the National 12 Pollution Control Commission as provided in Presidential Decree No. 984. SEC. 9. Penalty for Violation—Any person, corporation or partnership found violating Section 4 of this Decree, or the terms and conditions in the issuance of the Envi_______________________
12

Pollution Control Law.

34

ENVIRONMENTALLY CRITICAL AREAS AND PROJECTS

ronmental 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 suspension or cancellation of his/its certificate and/or a fine in an amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental Protection Council. Revolving SEC. 10. Environmental Fund—Proceeds from the penalties prescribed in the preceding Section 9 and other penalties imposed by the National Pollution Control Commission as authorized in Presidential Decree No. 984, shall be automatically appropriated into an Environment Revolving Fund hereby created as an exemption to Presidential Decree No. 711 and 13 Presidential Decree No. 1234. The fund shall be used exclusively for the operation of the National Environmental Protection Council and the National Pollution Control Commission in the implementation of this Decree. The rules and regulations for the utilization of this fund shall be formulated by the Ministry of Human Settlements and submitted to the President for approval.

“It is a wholesome and necessary thing for us to turn again to the earth and in the contemplation of her beauties to know of wonder and humility.”— Rachel Carson (Y. Lee)

Clause—The SEC. 11. Repealing Inter-Agency Advisory Council of the National Pollution Control Commission created under Section 4 of Presidential Decree 984 is hereby abolished and its powers and responsibilities are forthwith delegated and transferred to the control of the National Environmental Protection Council. All other laws, decrees, executive orders, rules, and regulations inconsistent herewith are hereby repealed, amended, or modified accordingly. SEC. 12. Effectivity Clause—This Decree shall take effect immediately. Done in the City of Manila, this 11th day of June, 1978. Environmentally Critical Areas and Projects (Presidential Decree 2146) Whereas, it is the national policy to attain and maintain a rational and orderly balance between socio-economic growth and environmental conservation and protection;
_______________________

Re: Fiduciary Funds of the national government. However, under the one-fund policy of the national government, all revenues derived from penalties are remitted to the black hole called the National Treasury.

13

35

TOUR OF THE HORIZON

Whereas, there is an urgent need to bring about an intensive integrated program of environmental protection through a requirement of environmental impact assessments and statements; Whereas, the environmental impact statement system established under Presidential Decree No. 1586 calls for the proper management of environmentally critical areas; Whereas, the pursuit of a comprehensive and integrated environmental protection program necessitates the establishment and institutionalization of a system whereby the exigencies of socio-economic undertakings can be reconciled with the requirements of environmental protection and conservation; Whereas, the national leadership mandates the establishment of such a system to regulate and minimize the environmental impacts of projects and undertakings which may significantly affect the quality of the environment in Presidential Decree No. 1586; and Whereas, in the effective implementation of such a system, there arises the need to identify and declare certain projects determined to be environmentally critical. Now, Therefore, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the powers vested in me by law, hereby proclaim the following areas and types of projects as environmentally critical and within this scope of the Environmental Impact Statement System: A. Environmentally Critical Projects I. Heavy Industries a. Nonferrous metal industries b. Iron and steel mills c. Petroleum and petro-chemical industries including oil and gas d. Smelting plants II. Resource Extractive Industries a. Major mining and quarrying projects 1. Logging 2. 4. Major wood-processing projects Forest occupancy 3. Introduction of fauna (exotic animals) in public/ private forests 5. Extraction of mangrove products 6. Grazing c. Fishery Projects 1. Dikes and/or fishpond development projects b. Forestry projects

36

ENVIRONMENTALLY CRITICAL AREAS AND PROJECTS

III. Infrastructure Projects a. Major dams b. Major power plants (fossil-fueled, nuclear-fueled, hydroelectric, or geothermal) c. B. Major reclamation projects d. Major roads and bridges Environmentally Critical Areas 1. All areas declared by law as national parks, watershed reserves, wildlife preserves, and sanctuaries; 2. Areas set aside as aesthetic potential tourist spots; 3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife (flora and fauna); 4. Areas of unique historic, archaeological, or scientific interests; 5. Areas which are traditionally occupied by cultural communities or tribes; 6. Areas frequently visited and/or hard hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.) 7. Areas with critical slopes; 8. Areas classified as prime agricultural lands; 9. 10. Recharged areas of aquifers; Water bodies characterized by one or any combination of the following conditions: a. tapped for domestic purposes b. within the controlled and/or protected areas declared by appropriate authorities c. which support wildlife and fishery activities. 11. Mangrove areas characterized by one or any combination of the following conditions: a. with primary pristine and dense young growth; b. adjoining mouth or major river systems; c. near or adjacent to traditional productive fry or fishing grounds; d. which act as natural buffers against shore erosion, strong winds, and storm floods; and e. 12. on which people are dependent for their livelihood. Coral reefs characterized by one or any combinations of the following conditions: a. with 50% and above live coralline cover;

37

TOUR OF THE HORIZON

b. spawning and nursery grounds for fish; and c. which acts as natural breakwater of coastlines. This proclamation shall take effect immediately. Done in the City of Manila, this 14th day of December, 1981. A HORSE DESIGNED BY GOVERNMENT The EIA system in the Philippines has undergone changes a number of times. The latest rules governing the EIA system is Department Administrative Order No. 2003– 03. There have been interesting developments in the area of the Multi-Partite Monitoring (MMT), the Environmental Guaranty Fund, and the implementation of the principle of ‘Social Acceptability.’ These developments only prove one thing about Governments and Laws: That a camel was a horse designed by Government. (No offense meant to the camel.) Pollution Control Law (Presidential Decree 984) Whereas, there is a need to modify the organizational structure of the National Pollution Control Commission to make it more effective and efficient in the discharge of its functions and responsive to the demands of the times occasioned by the accelerative phase of the country’s industrialization program; Whereas, there is an imperative need to strengthen this Commission to best protect the people from the growing menace of environmental pollution; and Whereas, it is urgently necessary to maintain the role of the Commission as the primary agency responsible for the prevention and control of environmental pollution;
“Only within the moment of time represented by the present century has one species -- man -- acquired significant power to alter the nature of his world.”— Rachel Carson (A. Oposa)

Now, Therefore, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the powers vested in me by the

38

POLLUTION CONTROL LAW

Constitution, do hereby order and decree the revision of Republic Act No. 3931, to be known as the “National Pollution Control Decree of 1976,” to read as follows: SECTION 1. Statement of Policy—It is hereby declared a national policy to prevent, abate, and control pollution of water, air, and land for the more effective utilization of the resources of this country. SEC. 2. Definitions—As used in this Decree: a. Pollution means any alteration of the physical, chemical, and biological properties of any water, air, and/or land resources of the Philippines, or any discharge thereto of any liquid, gaseous, or solid wastes as will or is likely to create or to render such water, air, and land resources harmful, detrimental or injurious to public health, safety, or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes. b. Sewage means the water-carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with such water infiltration and surface water as may be present. The admixture or sewage and industrial wastes or other wastes as hereafter defined shall also be considered sewage. c. Industrial waste means any liquid, gaseous, or solid matter, or other waste substance or a combination thereof resulting from any process of industry, manufacturing trade, or business or from the development, processing, or recovery of any natural resources which may cause or tend to cause pollution, or contribute to the pollution of the water, air, and land resources of the Philippines. d. Other waste means garbage, refuse, wood residues, sand, lime cinders, ashes, offal, night-oil, tar, dye stuffs, acids, chemicals, and other substances not sewage or industrial waste which may cause or tend to cause pollution; or contribute to the pollution of the water, air, and land resources of the Philippines. e. Sewage system or sewerage system means pipe lines or conduits, pumping stations, force mains, constructed drainage ditches, and all other constructions, devices, and appurtenances used for collecting or conducting sewage, and industrial wastes or other wastes to a point of treatment, discharge, or ultimate disposal. f. Treatment works means any method, construction device, or appliance appurtenant thereto, installed for the purpose of treating, neutralizing, stabilizing, disinfecting, or disposing of sewage, industrial waste, or other wastes, or for the recovery of byproducts from such sewage, industrial waste, or other wastes. g. Sewage works means individually or collectively those constructions or devices used for collecting, pumping, treating, and disposing of sewage, industrial wastes or other waste, or for the recovery of by-products from such sewage, industrial waste, or other waste.

39

TOUR OF THE HORIZON

h. Outlet means the terminus of a sewage works or point of emergence in the water, air, and land resources of the Philippines of any sewage, industrial wastes, or other wastes. i. Commission means the National Pollution Control Commission. j. Person/Persons includes any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations. SEC. 3. Creation of the National Pollution Control Commission; Members — There is hereby created and established a National Pollution Control Commission under the Office of the President. The Commission shall be headed by one full-time Commissioner and assisted by two full-time Deputy Commissioners, one of whom shall be responsible for standard-setting and monitoring and the other for enforcement. The commissioner shall be a man of proven executive ability. The deputy commissioner for standard-setting and monitoring shall preferably be a sanitary engineer, while the deputy commissioner for enforcement shall preferably be a lawyer. The Commissioner and the Deputy Commissioners must have technical expertise in the field of pollution control. The Commissioner and the Deputy Commissioners shall be appointed by the President of the Philippines. SEC. 4. Inter-Agency Advisory Council—There is created an Inter-Agency Advisory Council, attached to the Commission, which shall be composed of representatives designated by the Secretaries of the Departments of Agriculture, Health, Industry, Justice, Labor, Local Government and Community Development, National Defense, Natural Resources, Public Works, and Transportation and Communications; the heads of the Laguna Lake Development Authority, National Economic and Development Authority, National Science Development Board, and Human Settlements Commission. The Commissioner shall head the Inter-Agency Advisory Council. Representatives from the private sector as may be affected may be invited to the deliberations of the Council. SEC. 5. Organization of the Commission—The Commission shall have a Water Pollution Control Division, an Air Pollution Control Division, a Research and Development Division, a Legal Division, an Administrative Division, and such other divisions or units as may be approved in the General Appropriations Act. Nothing herein contained shall be construed as to automatically terminate or abolish any existing position in the Commission nor shall it be construed as a prohibition against termination of any position.
_______________________
14

Secs. 3, 4, and 5, insofar as they relate to the creation, membership, and organization of the NPCC and the Inter-Agency Advisory Council, are deemed repealed by E.O. No. 192 creating the DENR.

14

40

POLLUTION CONTROL LAW

The Commission shall also establish such regional offices as may be necessary. The Commission shall provide such technical, scientific, and other services, including the necessary laboratory and other facilities as may be required to carry out the provisions of this Decree: Provided, That the Commission may secure such services as it may deem necessary from other agencies of the national government, and may make arrangements for the compensation of such services. The Commission may also employ and compensate, within appropriations available therefore, such consultants, experts, advisors, or assistants on a full or part-time basis as may be necessary, coming from government or private business entities, associations, or from local or foreign organizations, to carry out the provisions of this Decree and may prescribe their powers, duties, and responsibilities. The Commission may conduct scientific experiments, investigations, and research to discover economical and practical methods of preventing water, air, and land pollution. To this end, the Commission may cooperate with any public or private agency in the conduct of such experiments, investigations and research, and may accept sums of money, for and in behalf of the national government, given by any international, national, or other public or private agency for water, air, and land pollution control activities, surveys, or programs. SEC. 6. Powers and Functions —The Commission shall have the following powers and functions: a. Determine the location, magnitude, extent, severity, causes, effects, and other pertinent information regarding pollution of the water, air, and land resources of the country; take such measures, using available methods and technologies, as it shall deem best to prevent or abate such pollution; and conduct continuing researches and studies on the effective means for the control and abatement of pollution. b. Develop comprehensive multi-year and annual plans for the abatement of existing pollution and the prevention of new or imminent pollution, the implementation of which shall be consistent with the national development plan of the country. Such plans shall indicate priorities and programs during the year. c. Issue standards, rules, and regulations to govern the approval of plans and specifications for sewage works and industrial waste disposal systems and the issuance of permits in accordance with the provisions of this Decree; inspect the construction and maintenance of sewage works and industrial waste disposal system for compliance to plans. d. Adopt, prescribe, and promulgate rules and regulations governing the procedures of the Board with respect to hearings, plans, specifications, designs, and other data for sewage works and industrial waste disposal system, the filing of reports, the
_______________________
15

The powers and functions listed as d, e, f, and the adjudicatory powers have been absorbed by the DENR-PAB pursuant to Sec. 19, E.O. No. 192 (1987). Reference to the “Commission” is hereinafter meant to refer to the Pollution Adjudicatory Board.

15

41

TOUR OF THE HORIZON

issuance of permits, and other rules and regulations for the proper implementation and enforcement of this Decree. e. Issue orders or decisions to compel compliance with the provisions of this Decree and its implementing rules and regulations only after proper notice and hearing. f. Make, alter, or modify orders requiring the discontinuance of pollution specifying the conditions and the time within which such discontinuance must be accomplished. g. Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and industrial disposal system or parts thereof; Provided, however, That the Board, by rules and regulations, may require subdivisions, condominiums, hospitals, public buildings, and other similar human settlements to put up appropriate central sewerage systems and sewage treatment works, except that no permits shall be required of any new sewage works or changes to or extensions of existing works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The Commission may impose reasonable fees and charges for the issuance or renewal of all permits herein required. h. After due notice and hearing, the Commission may also revoke, suspend, or modify any permit issued under this Decree whenever the same is necessary to prevent or abate pollution. i. Set up effluent, stream, ambient, and emission standards and promulgate rules and regulations therefore; Provided, That local governments, development authorities, and other similar government instrumentalities or agencies may set up higher 16 standards subject to the written approval of the Commission. j. Serve as arbitrator for the determination of reparations or restitution of the damages and losses resulting from pollution. k. Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this Decree and its implementing rules and regulations and the orders and decisions of the Commission. l. Consult, participate, cooperate, and enter into agreement with other agencies of the government, and with affected political groups, political subdivisions, and enterprises in the furtherance of the purpose of this Decree. m. Collect and disseminate information relating to water, air, and land pollution and the prevention, abatement, and control thereof. n. Authorize its representative to enter at all reasonable times any property of the public dominion and private property devoted to industrial, manufacturing, process_______________________
16

Meaning “more stringent.”

42

POLLUTION CONTROL LAW

ing, or commercial use without doing damage, for the purpose of inspecting and investigating conditions relating to pollution or possible or imminent pollution. o. Prepare and submit sixty days after the close of each calendar year an annual report to the President and such periodic reports of activities as may be required from time to time. The annual report shall include the extent to which the objectives in the plans referred to under Section 6 (b) have been achieved. p. Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Decree. SEC. 7. Public Hearing —
17

a. Public hearings shall be conducted by the commissioner, deputy commissioners or any senior official duly designated by the commissioner prior to issuance or promulgation of any order or decision by the commissioner requiring the discontinuance of discharge of sewage, industrial wastes, or other wastes into the water, air, or land resources of the Philippines as provided in this Decree; Provided, That whenever the Commission finds a prima facie evidence that the discharged sewage or wastes are of immediate threat to life, public health, safety, or welfare, or to animal or plant life, or exceeds the allowable standards set by the Commission, the commissioner may issue an ex parte order directing the discontinuance of the same or the temporary suspension or cessation of operation of the establishment or person generating such sewage or wastes without the necessity of a prior public hearing. The said ex “How strange that Nature does not knock, and yet does parte order shall be immediately not intrude!” — Emily Dickinson, letter to Mrs. J.S. executory and shall remain in Cooper, 1880 force until said establishment or (Y. Lee, Bugsuk Island) person prevents or abates the said pollution within the allowable standards, or modified or nullified by a competent court.
_______________________

This quasi-judicial power is now exercised by the Pollution Adjudication Board (PAB or Board) per E.O. 192. This reference to the Commission or its members shall deemed to refer to the Board or to the members thereof.

17

43

TOUR OF THE HORIZON

All records of the proceedings of said hearings shall be filed with the Commission. All inquiries, hearings, investigations, and proceedings conducted by the Commission shall be governed by rules adopted by the Commission, and in the conduct thereof the Commission shall not be bound by technical rules of evidence; Provided, That the commissioners or any of the duly designated hearing officers may summarily punish for contempt, by a fine not exceeding Two Hundred Pesos (P200.00), any person committing such misconduct in the presence of any of the commissioners or any of the duly designated hearing officers, or so near to them as to seriously interrupt any hearing or session or any proceeding, or any person willfully fails or refuses, without just cause, to comply with a summon, “I believe that there is a subtle magnetism in Nature, subpoena, or subpoena duces tecum which, if we unconsciously yield to it, will direct us aright.” — Henry David Thoreau issued by the members of the Com(Y. Lee) mission or by the duly designated hearing officer or, being present at a hearing, session, or investigation, refuses to be sworn as a witness or to answer questions when lawfully required to do so. The sheriff or other police agencies of the place where the hearing or investigation is conducted, shall, upon request of the hearing officer, assist in the enforcement of the provisions of this paragraph. b. Appeal to Courts—Any decision of the Commission, in the absence of an appeal therefrom as herein provided, shall become final fifteen days after the date of notification, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted the remedies before the Board. The Board shall be deemed to be a party to any judicial action involving any decision. c. Court Review—The decision of the Commission upon any disputed matter may be reviewed both upon the law and the facts of the case by the Court of Appeals. For purposes of such review, the procedure concerning appeals from the Regional Trial 18 Court shall be followed. Appeal from a decision of the Commission must be perfected within fifteen days from notification of such decision; Provided, however, That any decision of the Commission involving only questions of law, shall be appealed to the Supreme Court. No appeal shall stay the execution of any order or decision of the Commis_______________________

P.D. No. 984 used the outdated term “Court of First Instance” (CFI). Per B.P. Blg. 129, it is now referred to as the Regional Trial Court (RTC), a court of general jurisdiction.

18

44

POLLUTION CONTROL LAW

sion unless the Chairman of the Commission himself or the Court of Appeals or the Supreme Court so orders. d. Execution of Decision—Any decision or order of the Commission, after the same has become final and executory, shall be enforced and executed in the same manner as decisions of the Regional Trial Court, and the Commission shall have the power to issue to the city or provincial sheriff or duly constituted authorities whom it may appoint, such writs of execution as may be necessary for the enforcement of such decision or order and any person who shall fail or refuse to comply with such decision, order, or writ, after being required to do so shall, upon application by the Commission, be punished by the proper court for contempt. SEC. 8. Prohibitions—No person shall throw, run, drain, or otherwise dispose into any of the water, air, and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep, or otherwise dispose thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof. No person shall perform any of the following activities without first securing a permit from the Commission for the discharge of all industrial wastes and other wastes which could cause pollution: 1. the construction, installation, modification, or operation of any sewage works or any extension or addition thereto; 2. the increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit; 3. the construction, installation or operation of any industrial or commercial establishments or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of waste directly into the water, air, and/or land resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already lawfully authorized. SEC. 9. Penalties— a. Any person found violating or failing to comply with any order, decision, or regulation of the Commission for the control or abatement of pollution shall pay a fine not exceeding Five Thousand Pesos per day for every day during which such violation or default continues; and the Commission is hereby authorized and empowered to impose the fine after due notice and hearing. The fines so imposed shall be paid to the government of the Philippines through the Commission, and failure to pay the fine in any case within the time specified in the abovementioned order or decision shall be sufficient ground for the Commission to order the closure or the stoppage in the operation of the establishment being operated and/or managed by said person or persons until payment of the fines shall have been made. The Commission shall have the power and authority to issue corresponding writs of execution directing the city or provincial sheriff or other peace officers whom it may appoint to enforce the fine or the order of closure or stoppage of operations. 45

TOUR OF THE HORIZON

Payment of fines may also be enforced by appropriate action in a court of competent jurisdiction. The remedies provided in this subsection shall not be a bar to, nor shall affect any other remedies provided for in this Decree but shall not be cumulative and additional to such remedies. b. Any person who shall violate any of the provisions of Section 8 of this Decree or its implementing rules and regulations, or any order or decision of the Commission, shall be liable to a penalty of not to exceed One Thousand Pesos for each day during which the violation continues, or by imprisonment of from two years to six years, or by both fine and imprisonment, and in addition such person may be required or enjoined from continuing such violation as hereinafter provided. c. Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the DENR into any property of the public domain or private property devoted to industrial manufacturing, processing or commercial use during reasonable hours for the purpose of inspecting or investigating the conditions therein relating to pollution or possible or imminent pollution, shall be liable to a fine not exceeding Two Hundred Pesos or imprisonment of not exceeding one month, or both. d. Any person who violates any of the provisions of, or fails to perform any duty imposed by this Decree or its implementing rules and regulations or any order or decision of the Commission promulgated pursuant to this Decree thereby causing the death of fish or other aquatic life, shall in addition to the penalty above prescribed, be liable to pay the government for damages for fish or aquatic life destroyed. e. In case the violator is a juridical person, the penalty shall be imposed on the managing head responsible for the violation. SEC. 10. Jurisdiction—The Commission shall have no jurisdiction over waterworks or sewage systems operated by the Metropolitan Waterworks Sewerage System, but the rules and regulations issued by the Commission for the protection and prevention of pollution under the authority herein granted shall supersede and prevail over any rules or regulations as may heretofore have been issued by other government agencies or instrumentalities on the same subject. In case of development projects involving specific human settlement sites or integrated regional or sub-regional projects, such as the Tondo Foreshore Development 19 Authority and the Laguna Lake Development Authority, the DENR shall consult with the authorities charged with the planning and execution of such projects to ensure that their pollution control standards comply with those of the DENR. Once minimum pollution standards are established and agreed upon, the development authorities concerned
_______________________

The Laguna Lake Development Authority is government-owned corporation with its owned special charter and was formerly under the administrative supervision of the Office of the President through the National Economic Development Authority (NEDA). Per E.O. No. 129 (1993), the LLDA is now an attached agency of the DENR.

19

46

POLLUTION CONTROL LAW

may, by mutual agreement and prior consultation with the DENR, undertake the pollu20 tion control activities themselves. SEC. 11. Appropriations—Such amount as may be necessary to carry out the provisions of this Decree, which in no case shall be less than Five Million Pesos, is hereby appropriated yearly for the operating expenses of the Commission out of any funds in the National Treasury. SEC. 12. Repealing Clause—Any provision of laws, presidential decrees, executive orders, rules, and regulations and/or parts thereof inconsistent with the provisions of this Decree, are hereby repealed and/or modified accordingly. SEC. 13. Effectivity—This Decree shall take effect immediately. Done in the City of Manila, this 18th day of August, 1976. Pollution is a Technical Issue The determination of the existence of pollution is a technical matter that must first be resolved by competent authority. Without such determination, a criminal case for pollution cannot be filed. Facts: On March 11, 1975, petitioner Donald Mead and Isaac Arivas, president and general manager respectively of the Insular Oil Refinery Co. (INSOIL), were charged by the provincial fiscal of Rizal for a violation of Sections 9 and 10 of Republic Act No. 3931, entitled “An Act Creating a National Water and Air Pollution Control Commission.” Specifically, the complaint alleged that INSOIL polluted the environment by dumping its industrial and other hazardous wastes into the highway canal in the vicinity of its plant. Mr. Mead assails the jurisdiction of the court saying that the National Water and Air Pollution Commission has the exclusive authority to determine the existence of “pollution” before a criminal case can be filed for violation of said law and that the Commission has the exclusive authority to prosecute said violations. Thus, the not having finally ruled that there is a violation of Republic Act No. 3931 in this case, the provincial fiscal lacks the authority to prosecute him for violation of said law. The respondents on the other hand, maintain that the courts have concurrent jurisdiction with the Commission to prosecute violations of Republic Act No. 3931. Issue: Does the court have jurisdiction to try the case for pollution? 21 Held: No. Republic Act No. 3931 is a law prohibiting the pollution of waterways and/or the atmospheric air. As such, any prosecution for violation of said law re_______________________

The power of the LLDA to exercise pollution control activities and adopt its own procedures for notice, hearing, and closure of polluting establishments is believed to be derived from this provision of the Pollution Control Law. 21 R.A. 3931 has been revised by P.D. No. 984, the Pollution Control Law, which is the prevailing law on pollution.

20

47

TOUR OF THE HORIZON

quires that the complainant prove that the accused committed the act which the law tries to prevent—that is, that he “polluted” the air or waterways through some means. “The term pollution as used in the law is not to be taken in its ordinary signification. In Sec. 2, paragraph (a), of Republic Act No. 3931, pollution is defined in these words: (a) Pollution means such alteration of the physical, chemical, and/or biological properties of any water and/or atmospheric air of the Philippines, or any such discharge of any liquid, gaseous, or solid substances into any of the waters and/or atmospheric air of the country as will or is likely to create or render such waters and/or atmospheric air harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate uses, or to livestock, wild animals, birds, fish, or other aquatic life. “Th(is) definition of the term pollution in itself connotes that the determination of its existence requires specialized knowledge of technical and scientific matters which are not ordinarily within the competence of fiscals (prosecutors) or of those sitting in a court of justice.” This is probably the reason why “the power to determine the existence of pollution is vested by the law in the Commission. Section 6 . . . gives the Commission the authority to ‘determine whether a pollution exists in any of the waters and/or atmospheric air of the Philippines’ while Section 8 contains explicit provisions as to the authority of the Commission to determine the existence of pollution and to take appropriate actions to abate or prevent the same.” This same section expressly provides that on matters not related to nuisance, “no court action shall be initiated until the Commission shall have finally ruled thereon.” “This provision leaves little room for doubt that a court action involving the determination of the existence of pollution may not be initiated until and unless the Commission has so determined the existence of what in the law is considered pollution.” “As may be seen from the law, the determination of the existence of pollution requires investigation, public hearings, and the collection of various information relating to water and atmospheric pollution.” Thus, there being no investigation or finding from the Commission regarding this matter, the provincial fiscal acted prematurely in instituting this action. Consequently, the respondent court cannot acquire jurisdiction. Case dismissed. Mead v. Argel 115 SCRA 256, G. R. No. L-41958, July 20, 1982

48

POLLUTION CONTROL LAW

“Grass is the forgiveness of Nature—her constant benediction... Forests decay, Harvests perish and Flowers vanish, but grass is immortal.” — John James Ingall (Mei Velas)

Cease and Desist Order May Be Issued Without Extensive Hearing The PAB has the legal authority to issue a cease and desist order ex parte without a hearing where the discharges exceed the allowable standards. Facts: Solar Textile Finishing Corp. (Solar, for brevity) was charged in the PAB with violating Section 8 of Presidential Decree No. 984, Section 103 of its Implementing Rules and Regulations and the 1982 Effluent Regulations. The case stemmed from PAB’s findings after several inspections that Solar’s textile plant in Malabon was discharging untreated wastewater directly into a canal leading to the Tullahan-Tenejeros River. On September 22, 1988, the PAB issued an ex parte cease and desist order (CDO) against Solar signed by Board Chairman and then DENR Secretary Fulgencio Factoran, Jr. On March 31, 1989, a writ of execution was issued. Solar filed a motion for reconsideration to stay the execution of the CDO. Acting on this motion, the PAB issued an order allowing Solar to operate temporarily pending another inspection and evaluation by the PAB and the DENR. However, on April 21, Solar went to the RTC Quezon City on a petition to enjoin the execution of the CDO. The RTC dismissed Solar’s petition saying that appeal was the proper remedy and that the Board’s subsequent order allowing Solar to operate temporarily has rendered the petition moot and academic. Solar appealed to the Court of Appeals which decided in its favor. Thus, this petition by the PAB to the Supreme Court to assail the correctness of the CA’s decision.

49

public health. only the costs of capital.” or b. or to animal or plant life’ exists before an ex parte cease and desist order may be issued. public health. this passage is actually an early example of the modern concept of cost internalization.. or to animal or plant life. March 11. 93891.’ Since the applicable standards set by the DENR existing at any given time may well not cover every possible or imaginable kind of effluent or waste discharge. Pollution Adjudication Board v. and labor are factored into the cost of production. and very subtly. 1991 Unjust Enrichment and the Internalization of Environmental Costs The last quoted paragraph of this decision is quite interesting. health and general welfare and comfort.” “Industrial establishments are not constitutionally entitled to reduce their capital costs and operating expenses and to increase their profits by imposing upon the public threats and risks to safety. First of all. R. whenever such discharges or wastes exceed “the allowable standards . .’ In respect of discharges of wastes as to which allowable standards have been set by the DENR. it is not essential that the Board prove that an ‘immediate threat to life. safety or welfare. or to animal and plant life’ remains necessary. CA 195 SCRA 112. Second. In law. by disregarding the requirement of anti-pollution statutes and their implementing regulations. this is known as the principle of unjust enrichment. materials. In the manufacturing process. safety or welfare or to animal or plant life. G. safety or welfare. the general standard of ‘an immediate threat to life. public health. No. gives the PAB the necessary legal authority to issue an ex parte cease and desist order (a)whenever the wastes discharged by an establishment pose an “immediate threat to life.” “On the one hand.” In this case. it says what it says and almost speaks directly to irresponsible industrial establishments to “clean up their act” and not to unduly enrich themselves at the expense of the public. The Pollution Control Law (Presidential Decree No. safety or welfare. records show “that there was at least prima facie evidence before the Board that the effluents emanating from Solar’s plant exceeded the maximum allowable levels of physical and chemical substances set by the DENR and that accordingly there was adequate basis supporting the ex parte cease and desist order issued by the Board. public health. 50 . It is enough for the Board to find that the wastes discharged exceed ‘the allowable standards. the Board may act on ex parte basis when it finds at least prima facie proof that the wastewater or material involved presents an ‘immediate threat to life. 984) in Section 7 a.TOUR OF THE HORIZON Issue: Did PAB deny Solar its constitutional right to due process when it issued the closure order without a hearing or ex parte? Held: No.

The complainants alleged that hazardous fumes or smoke from the plant’s chimney was polluting the environment and causing sickness among the locals. The present laws do not specifically allow for the imposition of the environmental user fee system. mayor’s permit their revenge. Cruz ordered the closure of the plant basing his decision on TDI’s apparent lack of build“The earth we abuse and the living things we kill. the costs borne by the public as area of the pollution however. ing permit. However. i. are not included in the cost of goods manufactured. (TDI) is a domestic private corporation engaged in the business of manufacturing and exporting charcoal briquettes. the language existing authorizing the collection of fees for the issuance of environmental permits to operate an industrial or commercial establishment. 51 ..e. If the law can compel industrial establishments to install pollution control equipment and/or establish environmental management systems. Maria. for in exploiting their presence we are diminand anti-pollution permit ishing our future. costs external to the cost of production. in the end. It has a plant located in the municipality of Sta. i.e. Bulacan which became the subject of complaints from residents. the cost to the public of the industrial pollution.POLLUTION CONTROL LAW Environmental costs. Jurisdiction Over Pollution Case Pollution cases are within the exclusive jurisdiction and competence of the DENR and therefore are beyond the power of the local mayor to resolve. Facts: Technology Developers Inc. they are called cost externalities.” — Marya Mannes (Tess Cayton) from the National Pollution Control Commission (now DENR-EMB). the environmental cost would then perforce be “internalized” into the cost of the goods. Responding to the complaints. acting Mayor Pablo N. In economic parlance..

this petition before the Supreme Court. in a Resolution dated July 31. TDI then went to the Court of Appeals which also dismissed the petition. 1991 declared that the Mayor’s closure order was done pursuant to the latter’s police power. he was. the Supreme Court held that “concomitant to the need to promote investment and contribute to the growth of the economy is the equally essential imperative of protecting the health. Hence. and this court assumed to be true. Issue: Was the RTC correct in allowing the mayor to effect the closure of the allegedly polluting establishment? Held: No. July 31. bereft of jurisdiction to issue 52 . 1991. which the trial court. upon motion for reconsideration. the company submitted a building permit issued by the Building Official of the then Ministry of Public Works and a permit to operate issued by the DENR-EMB. The petitioner’s motion for reconsideration of our decision has knocked down those factual moorings of our decision. Among others. the very lives of the people.) “We are impelled to reconsider our decision for. However. it must be recognized that the mayor of a town has as much responsibility of protecting its inhabitants from pollution. The Court also found that certain signatures in the complaint/petition submitted to the mayor as the basis of the latter’s closure order were falsified.” Moreover. and is. nay. by virtue of his police power. he may deny the application for a permit to operate a business or otherwise close the same unless appropriate measures are taken to control and/or avoid injury to the health of the residents of the community from the emissions. the Court reversed itself 180 degrees apparently in the face of certain evidence submitted by TDI.TOUR OF THE HORIZON TDI brought a petition before the RTC of Bulacan to prevent the mayor from carrying out his order. “(o)ur previous decision was anchored on factual allegations in the respondent mayor’s pleadings. January 21. In its resolution. the Court said. from the deleterious effect of the pollution of the environment. the RTC allowed the mayor to effect the closure. It quoted the portion of the RTC decision which said: “While it is true that the matter of determining whether there is a pollution of the environment that requires control if not prohibition of the operation of a business is essentially addressed to then National Pollution Control Commission of the Department of Natural Resources. the Court of Appeals. 1991 Decision The initial decision of the Supreme Court dated January 21. regardless of the mayor’s justifications for issuing his arbitrary closure order. 1991 Resolution (Note: However.

94759. that it poses to the health of the people in the barangay where the plant is located. 1991 53 .” The acting mayor may not capriciously deny a permit to operate TDI’s otherwise legitimate business on the ground that its plant was causing excessive air pollution. the authority to determine if pollution exists. and pollution.” Technology Developers. not only provides jobs.” “Significantly. 201 SCRA 11.’ and ‘any provision of laws. 193 SCRA 147. Only the EMB. Inc. after a public hearing. however high his motives may be. it is the discharge of industrial wastes. chemists. 1976 the National Pollution Control Commission. may determine whether excessive pollution exists. water. executive orders. physicians. was created by law for this purpose. and the power to toll the death knell of a multi-million peso industry which. C.’ Evidently. water. The primacy of its jurisdiction on matters of air. 984 are not conferred by law on town officials.” “The complaint against the TDI for violation of anti-pollution laws should have been addressed to the EMB which alone is empowered to investigate and. G. rules and regulations and/or parts thereof inconsistent with the provisions of this Decree are hereby repealed and/or modified accordingly. A special agency. to determine whether the charcoal briquette plant was causing air pollution in excess of permissible limits. That investigation and determination can only be made by the EMB. that may be discontinued. whether additional devices for that purpose should be installed. is affirmed in Sections 10 and 17 of Presidential Decree No. and technical men working with scientific equipment and laboratory facilities to measure the degree and extent of air pollution in the plant site and around it. July 31. later renamed Environmental Management Bureau (or EMB) ‘as the primary agency responsible for the prevention and control of environmental pollution‘ in the country. in this case.” “The powers and functions of the EMB enumerated in Section 6 of Presidential Decree No. environmental experts. or land resources. No. not the operation of the business. presidential decrees. even the provision of the Civil Code on nuisance. v. 984 which provide that the rules and regulations issued by the EMB for the prevention of pollution ‘shall supersede and prevail over any rules or regulations as may heretofore have been issued by other government agencies or instrumentalities on the same subject.POLLUTION CONTROL LAW it. if any. assisted by its staff of sanitary engineers. insofar as the nuisance is caused by pollution of the air. and determine the danger. after due notice and hearing.” “The applicable law is Presidential Decree No. January 21. 984 which created and established on August 18. the EMB. but also brings in export dollars for the country’s dollarstarved economy. 1991. 984 which is the special law on the subject of pollution. and whether its business should be temporarily suspended or totally banned. It was never the law’s intention to place in the hands of just any layman. whether the discharge of smoke from petitioner’s 16-meter smoke stack should be reduced or discontinued.R. are deemed superseded by Presidential Decree No.A.

Sec 6 (f)(g)]. Socrates. Note however that the resolution of the Motion for Reconsideration was based on certain facts: that TDI. the Court’s reference to the EMB as the proper body is slightly inaccurate. Pollution Prevention/Cleaner Do not go where the path may lead. and recognizing that Environmental Management System (EMS). a quasi-judicial body of which the EMB is only the Secretariat.TOUR OF THE HORIZON Ripe for Judicial Clarification This case is ripe for judicial clarification in light of the passage of the Local Government Code of 1991. Incidentally. The case cited above and its implications on local governance are excellent subjects to explore in a path-breaking legal research paper. the Philippine Agenda 21. (Ralph W. Essays) (A. Philippine Environment Partnership Program (DAO 2003-14) Article I Policy Statement. 192 (1987). Oposa) 54 . Environmental Code (PD 1152. Sec. PD 1152 (Sec. Objectives and Definition of Terms Pursuant to and in line with the policy of the State to promote the people’s right to a balanced and healthful ecology. Section 2 (h). 58)] and the Medium Term Philippine Development Plan (19992004) Clean Air Act of 1999. Go instead where there is no path and then…leave a trail. 57). The power to hear and decide on pollution cases is actually vested in the Pollution Adjudication Board (PAB) per Executive Order No. Emerson. Ecological Solid Waste Management Act (Article 1. after all. Pollution Control Law [PD 984. it is believed that the Court would rule differently if a similar case is brought today. Given a different set of facts and considering the eloquent call for vigilance by the Supreme Court in the closing lines in the case of Tano v. had a permit from the EMB and a building permit from the then Ministry of Public Works and that certain signatures which formed the basis of the residents’ complaint were falsified. (h)(6). Executive Order 192 (Sec 5.

Tapan. Objectives “All my life through. and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment. 2. processing. Short Title—This Act shall be known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990. SEC. Basic Policy It is the policy of the State to promote sustainable development by encouraging ‘the business and/ or industrial sector to engage in environmental improvement activities and advance self-regulation and mandatory compliance with environmental standards. distribution. the new sights of Nature made me rejoice like a child. 2. restrict. to prohibit the entry. use. 2.” SEC. Natural Heritage) 2.1 To promote mandatory self-monitoring and compliance with environmental standards and to encourage voluntary self-regulation among establishments for improved environmental performance. this Order is hereby promulgated to encourage and support establishments to adopt self-regulation for improved environmental performance through the provision of regulatory assistance and other incentives under the Philippine Environment Partnership Program (PEPP).TOXIC SUBSTANCES AND HAZARDOUS WASTES Production (P2/CP) are significant programs to reduce pollution and promote sound environmental management.4 To strengthen the capability of the Department of Environment and Natural Resources—Environmental Management Bureau (DENR-EMB) and other Environmental Authorities in implementing the PEPP towards industry self-regulation. even in transit. 2. or prohibit the importation. SECTION 1.3 To build or enhance the capability of establishments and/or their associations on self-regulation.2 To provide incentives and package of assistance to establishments particularly the small and medium enterprises to achieve pollution prevention/cleaner production process. sale. Toxic Substances and Hazardous Wastes (Republic Act 6969) SECTION 1. manufacture. Declaration of Policy—It is the policy of the State to regulate.” — Marie Curie (G. 2. of hazardous and nuclear 55 .

transportation. handling. processing. _______________________ “Civilization is being poisoned by its own waste products. c. 4. manufactured. To inform and educate the populace regarding the hazards and risks attendant to the manufacture. and such other information as may be considered relevant to the protection of health and the environment. names of firms manufacturing or using them. manufacture. handling. and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance with national policies and international commitments.TOUR OF THE HORIZON wastes and their disposal into the Philippine territorial limits for whatever purpose. distribution. Scope—This Act shall cover the importation. handling. processing. including the entry. transportation. To keep an inventory of chemicals that are presently being imported. handling. To monitor and regulate the importation. transportation. processing. and d. their existing and possible uses. sale. 3. use. even in transit.”— William Ralph Inge (Digital Vision) The phrase “as well as the keeping or storage and disposal of hazardous and nuclear waste” is the legal basis for the passage of regulations on the storage. sale. storage. ad disposal of hazardous wastes. or used. as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose. storage. test data. even in tran22 sit. and disposal of all unregulated chemical substances and mixtures in the Philippines. manufacture. indicating. 22 56 . and disposal of toxic chemicals and other substances and mixture. distribution. SEC. SEC. use. and to provide advancement and facilitate research and studies on toxic chemicals. among others. To prevent the entry. transportation. Objectives—The objectives of this Act are: a. b. storage. distribution. use. as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.

the potential to pollute underground or surface waters. Chemical substance means any organic or inorganic substance of a particular molecular identity. 57 . Hazardous substances are substances which present either: i. the result of a chemical reaction. short-term acute hazards. or for further processing. including chronic toxicity upon repeated exposure. whether it is done in a factory or in the worker’s home. or skin absorption. carcinogenicity (which may in some cases result from acute exposure but with a long latent period). or ii. Importation means the entry of a product or substance into the Philippines (through the seaports or airports of entry) after having been properly cleared through or still remaining under customs control. or ii. As part of an article containing a chemical substance or mixture. such as acute toxicity by ingestion. Unreasonable risk means expected frequency of undesirable effects or adverse responses arising from a given exposure to a substance. Definition—As used in this Act: a. In the same form or physical state or in a different form or physical state from that which it was received by the person so preparing such substance or mixture.TOXIC SUBSTANCES AND HAZARDOUS WASTES SEC. or aesthetically objectionable properties such as offensive odors. Manufacture means the mechanical or chemical transformation of substances into new products whether work is performed by power-driven machines or by hand. including: i. c. warehousing. g. This shall include non-biodegradable mixtures. Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature. corrosivity or other skin or eye contact hazards or the risk of fire or explosion. d. Chemical mixture means any combination of two or more chemical substances if the combination does not occur in nature and is not. f. the product or substance of which is intended for direct consumption. if none of the chemical substances comprising the combination is a new chemical substance and if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined. Process means the preparation of a chemical substance or mixture after its manufacture for commercial distribution: i. and whether the products are sold at wholesale or retail. resistance to detoxification process such a biodegradation. b. in whole or in part. Any element or uncombined chemical. inhalation. 5. merchandising. and ii. long-term environmental hazards. e.

development. i. To confiscate or impound chemicals found not falling within said acts and cannot be enjoined except after the chemicals have been impounded. agricultural. agricultural. 58 .TOUR OF THE HORIZON h. and monitoring of chemical substances and mixtures. and such other information as the Secretary may consider relevant to the protection of health and the environment. side-products. their existing and possible uses. medical. commercial. indicating. process residues. Functions. and consumer discards of manufacture products. stored. e. To monitor and prevent the entry. b. among others. To require chemical substances and mixtures which are presently being manufactured or processed to be tested if there is a reason to believe that they pose unreasonable risk or injury to health or the environment. powers. To conduct inspection of any establishment in which chemicals are manufactured. industrial. processed. To keep an updated inventory of chemicals that are presently being manufactured or used. names of firms manufacturing or using them. or economic usage and are shipped. To subpoena witnesses and documents and to require other information if necessary to carry out the provisions of this Act. spent reaction media. and Responsibilities of the Department of Environment and Natural Resources—The Department of Environment and Natural Resources shall be the implementing agency tasked with the following functions. g. or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines. even in transit. Powers. 6. contaminated plant or equipment or other substances from manufacturing operations. Hazardous wastes shall also refer to by-products. To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the extent of their effects on health and the environment. or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific. of hazardous and nuclear wastes and their disposal into the country. h. SEC. transported. i. and responsibilities: a. To enter into contracts and make grants for research. f. To require chemical substances and mixtures that present unreasonable risk or injury to health or to the environment to be tested before they are manufactured or imported for the first time. Hazardous wastes are hereby defined as substances that are without any safe commercial. Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels but does not include nuclear fuel. quality. test data. d. c. or industrial purpose. or held before or after their commercial distribution and to make recommendations to the proper authorities concerned.

and wastes on health and environment. To call on any department. and l. state university or college. To assist the Department of Environment and Natural Resources in the preparation and updating of the inventory of chemical substances and mixtures that fall within the coverage of this Act. To conduct preliminary evaluation of the characteristics of chemical substances and mixtures to determine their toxicity and effects on health and the environment and make the necessary recommendations to the Department of Environment and Natural Resources. and 59 .TOXIC SUBSTANCES AND HAZARDOUS WASTES j. SEC. 7. To disseminate information and conduct educational awareness campaigns on the effects of chemical substances. facilities. mixtures. Inter-Agency Technical Advisory Council—There is hereby created an Inter-Agency Technical Advisory Council attached to the Department of Environment and Natural Resources which shall be composed of the following officials or their duly authorized representatives: Secretary of Environment and Natural Resources—Chairman Secretary of Health—Member Director of the Philippine Nuclear Research Institute—Member Secretary of Trade and Industry—Member Secretary of Science and Technology—Member Secretary of National Defense—Member Secretary of Foreign Affairs—Member Secretary of Labor and Employment—Member Secretary of Finance—Member Secretary of Agriculture—Member Representative from a nongovernmental organization on health and safety— Member The representative from the nongovernmental organization shall be appointed by the President for a term of three (3) years. b. c. To assist the Department of Environment and Natural Resources in the formulation of the pertinent rules and regulations for the effective implementation of this Act. agency. office. and other resources as the need arises in the discharge of its functions. k. To exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Act. The Council shall have the following functions: a. bureau. and other instrumentalities of the government for assistance in the form of personnel.

TOUR OF THE HORIZON d. the manufacturer. processed. our natural resources. processed.”— Marya Mannes (Digital Vision) 60 . 8. or importers shall shoulder the costs of testing the chemical substance or mixture that will be manufactured. require. processor. and any test data related to health and environmental effects which the manufacturer. or imported. an estimate of the amount to be manufactured. processor. will result in undermining in the days of our children the very prosperity which we ought by right to hand down to them amplified and developed. To perform such other functions as the Secretary of Environment and Natural Resources may. or imported. The testing of the chemical substance or mixture is necessary to develop such data. processed. or importer shall submit the following information: the name of the chemical substance or mixture. There is reason to believe that the chemical substance or mixture may present an unreasonable risk to health or the environment or there may be substantial human or environmental exposure thereto. its chemical identity and molecular structure. SEC. to skin and exhaust the land instead of using it so as to increase its usefulness. 9. or imported for the first time as determined by the Department of Environment and Natural Resources. Chemicals Subject to Testing—Testing shall be required in all cases where: a. The manufacturers. to destroy. b. proposed categories of use. or importer has. “To waste. SEC. and c. Pre-Manufacture and Pre-Importation Requirements—Before any new chemical substance or mixture can be manufactured. from time to time. There are insufficient data and experience for determining or predicting the health and environmental effects of the chemical substance or mixture. processing and disposal thereof. processors.

12. Chemical substances and mixtures that exist temporarily and which have no human or environmental exposure such as those which exist as a result of chemical reaction in the manufacture or processing of a mixture of another chemical substance. may release information subject to claim of confidentiality to a medical research or scientific institution where the information is needed for the purpose of medical diagnosis or treatment of a person exposed to the chemical substance or mixture. 61 . or information concerning chemical substances and mixtures including safety data submitted. data on emission or discharge into the environment. manufactured. SEC. Knowingly use a chemical substance or mixture which is imported. production or sales figures or methods. report or information or particular portions thereof confidential and may not be made public when such would divulge trade secrets. manufacture. or distributor. or distributed in violation of this Act or implementing rules and regulations or orders. b. reports. and d. or disposal. or importation of a chemical substance or mixture. or Notification—The public shall have access to records. Public Access to Records. Chemical substances and mixtures that will not present an unreasonable risk to health and the environment. processor. 11. and such documents shall be available for inspection or reproduction during normal business hours except that the Department of Environment and Natural Resources may consider a record. Those included in the categories of chemical substances and mixtures already listed in the inventory of existing chemicals. Those to be produced in small quantities solely for experimental or research and developmental purposes. for justifiable reasons. processed. The Secretary may. processing. sale. Reports. distribution. use. however.TOXIC SUBSTANCES AND HAZARDOUS WASTES SEC. processor. SEC. decide whether or not to regulate or prohibit its importation. Action by the Secretary of Environment and Natural Resources or his Duly Authorized Representative—The Secretary of Environment and Natural Resources or his duly authorized representative shall. within ninety (90) days from the date of filing of the notice of manufacture. Prohibited Acts—The following acts and omissions shall be considered unlawful: a. 13. or distributor. or would otherwise tend to affect adversely the competitive position of such manufacturer. The Department of Environment and Natural Resources. SEC. processing. Chemical Substances Exempt from Pre-Manufacture Notification—The manufacture of the following chemical substances or mixtures shall be exempt from premanufacture notification: a. 10. extend the ninety-day pre-manufacture period within a reasonable time. production or processes unique to such manufacturer. c.

000. importation. iii. in addition to the cancellation of its license to do business in the Philippines.000. association. and d. or chief executive in addition to an exemplary damage of at least Five Hundred Thousand Pesos (P500. corporation. access to records. If the offender is a foreigner. In the case of corporations or other associations. If it is a foreign firm. as required by this Act. i. either by means of land. 14. or bringing into Philippines territory. he or she shall in addition to the above penalties be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position.00). c. c. directly or indirectly. manufacture. Cause. stored. or distribution of chemical substances or mixtures into or within the Philippines shall carry with it the confiscation and forfeiture in favor of the 62 . the above penalty shall be imposed upon the managing partner. processing. In case the offender is a government official or employee.00) shall be imposed upon any person who shall violate Section 13 (a) to (c) of this Act and shall not be covered by the Probation Law. or any juridical person. Every penalty imposed for the unlawful importation. In case any violation of this Act is committed by a partnership. The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six Hundred Pesos (P600. The penalty of imprisonment of twelve (12) years and one day to twenty (20) years. or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines. Criminal Offenses and Penalties— a. or permit inspection of establishment where chemicals are manufactured. ii. president. air. president. be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. In case the offender is a government official or employee. ii. shall be imposed upon any person who shall violate Section 13 (d) of this Act. in addition to the above penalties. transport. the director and all officers of such foreign firm shall be barred from entry into the Philippines. b. aid. SEC. even in transit.TOUR OF THE HORIZON b. the partner. i. he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence. or manager who shall consent to or shall knowingly tolerate such violation shall be directly liable and responsible for the act of the employee and shall be criminally liable as a co-principal. notices. processed. director. sale. he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence. If the offender is a foreigner. he or she shall. or other information. entry. in the storage. iii. Failure or refusal to submit reports. Failure or refusal to comply with the pre-manufacture and pre.importation requirements. or otherwise held. or facilitate.00) to Four Thousand Pesos (P4. including its maritime economic zones.

Chemical substances so confiscated and forfeited by the government at its option shall be turned over to the Department of Environment and Natural Resources for safekeeping and proper disposal.000.TOXIC SUBSTANCES AND HAZARDOUS WASTES government of the proceeds of the unlawful act and instruments. sea vessels. Effectivity—This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation. the Secretary of Environment and Natural Resources is hereby authorized to impose a fine of not less than Ten Thousand Pesos (P10.00) upon any person or entity found guilty thereof. SEC. The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear wastes shall be under obligation to transport or send back said prohibited wastes. and issuances. SEC. Repealing Clause—All laws. 1990. tools or other improvements including vehicles. SEC. 20. Separability Clause—If any provision of this Act is declared void or unconstitutional. and rules and regulations which are inconsistent with this Act are hereby repealed or modified accordingly. 16. and aircrafts used in or with which the offense was committed. 17. Appropriations—Such amount as may be necessary to implement the provisions of this Act is hereby annually appropriated and included in the budget of the Department of Environment and Natural Resources. including all facilities and appurtenances that may have been used in transporting to or in the storage in the Philippines of any significant amount of hazardous or nuclear wastes shall at the option of the government be forfeited in its favor. including violations of implementing rules and regulations which have been duly promulgated and published in accordance with Section 16 of this Act. 19. Approved: October 26. executive orders. Promulgation of Rules and Regulations—The Department of Environment and Natural Resources. 18.000. presidential decrees. d. the remaining provisions thereof not affected thereby shall remain in full force and effect. Any and all means of transportation. in coordination with the member agencies of the InterAgency Technical Advisory Council.00). SEC. Administrative Fine—In all cases of violations of this Act. shall prepare and publish the rules and regulations implementing this Act within six months from the date of its effectivity. but not more than Fifty Thousand Pesos (P50. SEC. The administrative fines imposed and collected by the Department of Environment and Natural Resources shall accrue to a special fund to be administered by the Department exclusively for projects and research activities relative to toxic substances and mixtures. SEC. 15. 63 .

and conservation of the country’s natural resources. I. 131. This was especially used in the reorganization of government offices. renewal. the President shall continue to exercise legislative powers until the First Congress is convened. dated January 30. to attain this objective. By Executive Order. Whereas. _______________________ NOTE: In the period between the February 1986 “People Power” revolution (that installed Mrs. the reorganization of the Department of Natural Resources can now be effected. 23 64 . do hereby order: “When Nature has work to be done. Aquino as President of the Philippines) and the convening of Congress in late 1987. this was transformed into a Department which included environmental protection in its very mandate. Whereas. management. 1987) Whereas. Corazon C. Now. Whereas. Aquino.”— Ralph Waldo Emerson (G. was suspended. Whereas. President of the Philippines. under Article XIII.TOUR OF THE HORIZON ENVIRONMENTAL ADMINISTRATION Department of Environment and Natural Resources 23 (Executive Order 192. development. 1987. of the 1987 Constitution. Therefore. Whereas. by virtue of the powers vested in me by the Constitution. she creates a genius to do it. Tapan) SECTION 1. Section 6. Corazon C. Executive Order No. a policy having been reached on energy. environmental concerns and natural resources concerns should be given equal attention by the Department. the environment will be effected by the use. President Aquino exercised legislative powers by way of executive orders. one of which was the Ministry of Natural Resources. there is a need to protect and enhance the quality of the country’s environment. Title —This Executive Order shall otherwise be known as the Reorganization Act of the Department of Environment and Natural Resources.

SEC. not only for the present generation but for future generations as well. e. SEC. d. and conservation of the country’s natural resources and the control of pollution. Reorganization —The Department of Environment. mineral resources. in accordance with the provisions of this Executive Order. and conservation of our natural resources. mineral. management. It is also the policy of the State to recognize and apply a true value system including social and environmental cost implications relative to the utilization. renewal. 4. Declaration of Policy—It is hereby declared the policy of the State to ensure the sustainable use. Enhance the contribution of natural resources for achieving national economic and social development. Advise the President on the enactment of laws relative to the development. To accomplish its mandate. Energy and Natural Resources is hereby reorganized structurally and functionally and renamed as the Department of Environment and Natural Resources. b. management. as well as the licensing and regulation of all natural resources as may be provided for by law in order to ensure equitable sharing of the benefits derived therefrom for the welfare of the present and future generations of Filipinos. mineral. and lands of the public domain. Powers and Functions—To accomplish its mandate.ENVIRONMENTAL ADMINISTRATION SEC. 2. including those in reservation and watershed areas. 3. hereinafter referred to as Department. including the protection and enhancement of the quality of the environment. land. specifically forest and grazing lands. c. SEC. Assure the availability and sustainability of the country’s natural resources through judicious use and systematic restoration or replacement. Conserve specific terrestrial and marine areas representative of the Philippine natural and cultural heritage for present and future generations. development. Promote equitable access to natural resources by the different sectors of the population. 5. Increase the productivity of natural resources in order to meet the demands for forest. 65 . whenever possible. the Department shall have the following powers and functions: a. and land resources of a growing population. Mandate—The Department shall be the primary government agency responsible for the conservation. and equitable access of the different segments of the population to the development and use of the country’s natural resources. and other natural resources. regulation. use. the Department shall be guided by the following objectives that will serve as basis for policy formulation: a. and proper use of the country’s environment and natural resources. offshore areas. development. and conservation of the country’s forest. development.

rentals and any such form of levy and collect such revenues for the exploration. and classification of land. i. Accelerate cadastral and emancipation patent surveys. development. and mineral resources (including mineral reservation areas). charges. development. utilization. Undertake geological surveys of the whole country including its territorial waters. extraction. Promote proper and mutual consultation with the private sector involving natural resources development. Maintenance of a wholesome natural environment by enforcing environmental protection laws. assessment. Encouragement of greater people participation and private initiative in natural resource management. Establish policies and implement programs for the: 1. 2. development. Preservation of cultural and natural heritage through wildlife conservation and segregation of national parks and other protected areas. utilization. fees. Accelerated inventory. Undertake exploration. development. f. disposition. and inventory of the country’s natural resources using ground surveys. Equitable distribution of natural resources through the judicious administration. and conservation. 66 . and expansion of natural resource-based industries. use. and supervise the government‘s policies. and mineral resources using appropriate technology. or gathering of such revenues. surveys. Promulgate rules and regulations in accordance with law governing the exploration. 4. the Department shall impose appropriate payments. 3. remote sensing. alienable and disposable lands. regulation. and public land titling. and mineral resources and in the process of exercising such control. h. conservation. to be able to come up with a more accurate assessment of resource quality and quantity. d. e. Exercise supervision and control over forest lands. implement. g. forests. Formulate. development. and replenishment of the country’s natural resources. that would benefit a greater number of Filipinos. 5. and conservation of public lands. land use planning. Promotion. and such other commercial activities tending to cause the depletion and degradation of our natural resources. use. use. and complementary technologies. Promulgate rules and regulations necessary to: 1. conservation. classification. forest. plans and programs pertaining to the management. and 6. c.TOUR OF THE HORIZON b.

and for all other causes which are in furtherance of the conservation of natural resources and supportive of the national interests: m. to cancel or cause to cancel such privileges and arrangements upon failure. or laws of nature. conservation. surveying. licensees. l. and use of the country’s forest. and utilization of natural resource products. and regulations. lessees. Promulgate rules. j. and titling of lands in consultation with appropriate agencies. orders. to assist rural development. subclassification. protection. and permittees for the extraction. of all natural resources. at the same time keeping adequate reserves for environmental stability. regulations. Oposa) licenses. production sharing agreements. Expedite mineral resources surveys. the implementation of programs and measures with the end in view of promoting close collaboration between the government and the private sector. development. where applicable. support forest-based industries. exploration. noncompliance or violations of any regulations. and encourage mineral marketing. permits. and mineral resources. and such other privileges and arrangement concerning the development. there is no appeal. licensing. Assume responsibility for the assessment. development. exploration. the regulation and monitoring of service contractors. joint venture. Harness forest resources in a sustainable manner. and 3. the effective and efficient classification and subclassification of lands of the public domain. Exercise exclusive jurisdiction on the management and disposition of all lands of the public domain and shall continue to be the sole agency responsible for classification. leases. and guidelines on the issuance “Human judges can show mercy. extraction. 67 . Clarke (A. disposition. concessions. rules. land.ENVIRONMENTAL ADMINISTRATION 2. and police our natural resources. and the enforcement of natural resources laws. and regulation as provided for by law. k. promote the production of metallic and nonmetallic minerals. supervise.”— Arthur C. Regulate the development. and provide raw materials to meet increasing demands. But against the of co-production. and utilization of the country’s natural resources and shall continue to oversee. exploration.

the provincial offices. and monitoring of the movement of timber and other forest products. o. and endangered habitats. Forest Management Bureau b. and land pollu- The staff sectoral bureaus on the other hand. and multidisciplinary National Conservation Strategy. and the discharge of its powers and functions shall be vested in the Secretary of Environment and Natural Resources. Promulgate ambient and effluent standards for water and air quality including the allowable levels of other pollutants and radiations. grading and inspection of lumber and other forest products. and the regional/provincial/community natural resources offices. s. SEC. Structural Organization—The Department shall consist of the Department Proper. f. Public Affairs Office Promulgate rules and regulations for the control of water. the staff bureaus. e. and the community offices. hereinafter referred to as Secretary. who 68 . 6. Lands Management Bureau c. the staff offices. f. Secretary of Environment and Natural Resources—The authority and responsibility for the exercise of the mandate of the Department. 7. q.TOUR OF THE HORIZON n. rules. Mines and Geosciences Bureau Ecosystems Research and Development Bureau Protected Areas and Wildlife Bureau d. multisectoral. or incidental to the attainment of its mandates and objectives. Implement measures for the regulation and supervision of the processing of forest products. The Department Proper shall consist of the following: a. tion. Exercise other powers and functions and perform such other acts as may be necessary. Formulate an integrated. Office of the Secretary b. Offices of Assistant Secretaries Special Concerns Office Pollution Adjudication Board d. air. p. Offices of Undersecretaries c. r. e. shall be composed of: a. and regulations for the conservation of the country’s genetic resources and biological diversity. SEC. the accomplishment of its objectives. Environmental Management Bureau The field offices shall consist of all the department regional offices. proper. which will be presented to the Cabinet for the President’s approval. Promulgate policies.

assign. an undersecretary shall have the following functions: a. d. that no Undersecretary shall be assigned primarily administrative responsibilities. e. SEC. provided. further. 9. Promulgate rules and regulations. Within his functional area of responsibility. plans. SEC. services. Exercise authority on substantive and administrative matters related to the functions and activities of units under his responsibility as may be delegated by the Secretary. regulations. For such purposes. Establish policies and standards for the efficient and effective operations of the Department in accordance with the programs of the government. Coordinate the functions and activities of the units under his responsibility with those of other units under the responsibility of other Undersecretaries. management. Office of the Secretary—The Office of the Secretary shall consist of the Secretary and his immediate staff. f. administrative orders and other issuances. and/or reassign the respective functional areas of responsibility of the Undersecretary. Delegate authority for the performance of any administrative or substantive function to subordinate officials of the Department. Perform other functions as may be provided by law or assigned appropriately by the Secretary. and provided. that will efficiently and effectively govern the activities of units under his responsibility. and proper use of the country’s natural resources. objectives. Promulgate rules. with respect to his area of responsibility. the Secretary shall have the following functions: a. Advise the President on the promulgation of rules and regulations and other issuances relative to the conservation. f. The Secretary is hereby authorized to delineate. Exercise supervision over the offices. and projects. Advise the Secretary in the promulgation of Department orders. 69 . Exercise supervision over all functions and activities of the Department. 8. development. c. b. and other issuances necessary in carrying out the Department’s mandate. e. operating units. d. Undersecretary—The Secretary shall be assisted by five (5) Undersecretaries who shall be appointed by the President upon the recommendation of the Secretary. that such responsibility shall be with respect to the mandate and objectives of the Department. b. policies. programs. consistent with Department policies. Perform other functions as may be provided by law or assigned appropriately by the President. c.ENVIRONMENTAL ADMINISTRATION shall supervise the Department and shall be appointed by the President. and officers and employees under his responsibility.

and projects. Foreign-Assisted and Special Projects c. Special Concerns Office—There is hereby created a Special Concerns Office under the Office of the Secretary. and projects. Policy and Planning Studies b. but not limited to: a. The Public Affairs Offices of all bureaus are hereby abolished and their functions are transferred to the Public Affairs Office in accordance with Section 24 (b) hereof. plans. in accordance with Section 24 (e) hereof except those line functions and powers which are transferred to the regional field office. and supervision of the constituents of the Department. and other valuable non-timber forest resources ration- 70 . in the formulation. to be headed by a Director and assisted by an Assistant Director. including grazing and mangrove areas. e. Recommend policies and/or programs for the effective protection. 12. It shall be responsible for disseminating information on natural resources development policies. Management Services SEC. 11. SEC. f. and implementation of natural resources laws. which shall be responsible for handling priority areas/subjects identified by the Secretary which necessitates special and immediate attention. Assistant Secretary—The Secretary and the Undersecretaries shall be assisted by seven (7) Assistant Secretaries. The Forest Management Bureau. SEC. development. occupancy. administration. which shall serve as the public information arm of the Department. and respond to public queries related to the development and conservation of natural resources. The seven (7) Assistant Secretaries shall be responsible for the following: a. Forest Management Bureau—There is hereby created a Forest Management Bureau which shall integrate and absorb the powers and functions of the Bureau of Forest Development (BFD) and the Wood Industry Development Authority (WIDA). 13. Field Operations in Luzon Field Operations in Mindanao Legal Affairs d.TOUR OF THE HORIZON SEC. policies. Field Operations in Visayas g. management. under the Office of the Secretary. ancestral lands. reforestation and rehabilitation of critically denuded/degraded forest reservations. Public Affairs Office—There is hereby created a Public Affairs Office. improvement of water resource use and development. wilderness areas and other natural preserves. management. development of forest plantations including rattan. plans. programs. bamboo. 10. to be headed by a Director and assisted by an Assistant Director. to be headed by a Director and assisted by an Assistant Director shall advise the Secretary on matters pertaining to forest development and conservation and shall have the following functions. and conservation of forest lands and watersheds. programs. They shall oversee the day-to-day operations.

programs. Advise the regional offices in the implementation of the above policies and/or programs. and orders to enforce policies for the maximization of land use and development. The Lands Management Bureau to be headed by a Director and assisted by an Assistant Director shall advise the Secretary on matters pertaining to rational land classification management and disposition and shall have the following functions. f. e.ENVIRONMENTAL ADMINISTRATION alization of the wood-based industries. sale. or any other form of concessions or disposition and management of the lands of the public domain. c. Develop plans. and disposition of alienable and disposable lands of the public domain and other lands outside the responsibilities of other government agencies. d. b. classification. d. c. SEC. identifying investment problems and opportunities. regulation of the utilization and exploitation of forest resources including wildlife. Assist in the monitoring and evaluation of forestry and watershed development projects to ensure efficiency and effectiveness. but not limited to: a. b. such as reclaimed areas and other areas not needed for or are not being utilized for the purposes for which they have been established. 71 . Perform other functions as may be assigned by the Secretary and/or provided by law. and projects for more effective public lands management. to ensure continued supply of forest goods and services. 141. guidelines. lease. in various areas. Recommend policies and programs for the efficient and effective administration. including supply and demand trends on the local. operating standards. and administrative measures to promote the Bureau’s objectives and functions. who shall have direct executive control of the survey. Advise the regional offices on the efficient and effective implementation of policies. regulations. management. management. e. as amended). f. Assist in the monitoring and evaluation of land surveys. Lands Management Bureau—There is hereby created the Lands Management Bureau which shall absorb functions and powers of the Bureau of Lands except those line functions and powers which are transferred to the regional field office. surveys. Develop operating standards and procedures to enhance the Bureau’s objectives and functions. Assist the Secretary as executive officer charged with carrying out the provisions of the Public Land Act (Commonwealth Act No. 14. programs. Issue standards. Undertake studies on the economics of forestry and forest-based industries. and disposition of lands to ensure efficiency and effectiveness thereof. national and international levels.

TOUR OF THE HORIZON g. 72 . and conservation and shall have the following functions. and programs pertaining to mineral resources development and geology. SEC. 15. Perform other functions as may be assigned by the Secretary and/or provided by law. (A. Recommend policies and regulations and oversee the development and exploitation of mineral resources of the sea within the country’s jurisdiction such as silica sand. Mineral Reservations Development Board (MRDB) and the Gold Mining Industry Development Board (GMIDB) all of which are hereby merged in accordance with Section 24 hereof except those line functions and powers which are transferred to the regional field office. to be headed by a Director and assisted by an Assistant Director shall advise the Secretary on matters pertaining to geology and mineral resources exploration. but not limited to: Hammock on the seashore of the School of the Seas. The Mines and Geosciences Bureau. b. Recommend policies. gold placer. development. Oposa) a. Mines and Geosciences Bureau—There is hereby created the Mines and Geosciences Bureau which shall absorb the functions of the Bureau of Mines and Geosciences (BMGS). and chromite sand. regulations. magnetite. etc.

Recommend rules and regulations for environmental impact assessments and provide technical assistance for their implementation and monitoring. and h. d. The National Environmental Protection Council (NEPC). Supervise and control the development and packaging of nationally applicable technologies on geological survey.ENVIRONMENTAL ADMINISTRATION c. Advise the regional offices on the effective implementation of mineral development and conservation programs as well as geological surveys. Assist in the monitoring and evaluation of the Bureau’s programs and projects to ensure efficiency and effectiveness thereof. Develop and promulgate standards and operating procedures on mineral resources development and geology. e. g. 16. The Environmental Management Bureau shall be headed by a Director and assisted by an Assistant Director who shall advise the Secretary on matters relating to environmental management. subject to Section 19 hereof. land. and programs for environmental management and pollution control. and the Environmental Center of the Philippines (ECP) are hereby abolished and their powers and functions are hereby integrated into Section 24 (c) hereof. d. Provide secretariat assistance to the Pollution Adjudication Board. c. The Environmental Management Bureau shall have the following functions: a. and radiations. the conduct of marine geological and geophysical survey and natural exploration drilling programs. policies. Environmental Management Bureau—There is hereby created an Environmental Management Bureau. toxic and hazardous substances. and projects for the effective and efficient environmental management and pollution control. created under Section 19 hereof. g. mining and metallurgy. mineral resource assessment. programs. conservation. f. noise. 73 . Perform other functions as may be assigned by the Secretary and/or provided by law. Advise the Secretary on the legal aspects of environmental management and pollution control and assist in the conduct of public hearings in pollution cases. Formulate rules and regulations for the proper disposition of solid wastes. Advise the regional offices in the efficient and effective implementation of policies. b. and rock mechanics laboratory services. f. the provision of geological. SEC. and pollution control. Formulate environmental quality standards such as the quality standards for water. chemical. e. Recommend possible legislations. the National Pollution Control Commission (NPCC). metallurgical. Advise the Secretary on the granting of mining rights and contracts over areas containing metallic and nonmetallic mineral resources. air.

Assist the Secretary in determining a system of priorities for the allocation of resources to various technological research programs of the department. e. SEC. Provide technical assistance in the implementation and monitoring of the aforementioned research programs. Presidential Committee on the Conservation of Tamaraw. shares in Kabuhayan Program and Agro Forestry State Projects of 74 . Formulate and recommend an integrated research program relating to Philippine ecosystems and natural resources such as minerals. The Bureau shall have the following functions: a. The Ecosystems Research and Development Bureau shall directly manage and administer the FORI Research Offices.TOUR OF THE HORIZON h. Coordinate the inter-agency committees that may be created for the preparation of the State of the Philippine Environment Report and the National Conservation Strategy. Ninoy Aquino Parks and Wildlife Center (formerly Parks and Wildlife Nature Center). lands. and disseminate such findings for all possible users and clientele. SEC. j. i. 18. Assist the Secretary in the evaluation of the effectiveness of the implementation of the integrated research program. The Ecosystems Research and Development Bureau shall be headed by a Director and assisted by an Assistant Director. Provide scientific assistance to the regional offices in the conduct of environmental research programs. Generate technologies and provide scientific assistance in the research and development of technologies relevant to the sustainable uses of Philippine ecosystems and natural resources. laboratories. assess and translate all recommendable findings. and forest experiment stations located at UP Los Banos and such other field laboratories as the Secretary may assign to its direct supervision. Protected Areas and Wildlife Bureau—There is hereby created a Protected Areas and Wildlife Bureau which shall absorb the Division of Parks and Wildlife and the Marine Parks Program of the Bureau of Forest Development as well as the Calauit Game Preserve and Wildlife Sanctuary. Provide assistance to the regional offices in the formulation and dissemination of information on environmental and pollution matters to the general public. 17. k. b. c. forests. Ecosystems Research and Development Bureau—The Forest Research Institute (FORI) and the National Mangrove Committee are hereby abolished and integrated into the Ecosystems Research and Development Bureau in accordance with Section 24 (e) hereof. The Bureau shall coordinate all technological researches undertaken by the field offices. d. as holistic and interdisciplinary fields of inquiry. Assist the Secretary and the regional officers by providing technical assistance in the implementation of environmental and pollution laws.

and regulations for the establishment and management of an Integrated Protected Areas Systems such as national parks.ENVIRONMENTAL ADMINISTRATION the KKK Processing Authority. SEC. Assist the Secretary in the monitoring and assessment of the management of the Integrated Protected Areas System and provide technical assistance to the regional offices in the implementation of programs for these areas. the Director of Environmental Management. 24 75 . Arayat National Park. rules. and three (3) others to be designated by the Secretary as members. b. The Bureau shall have the following functions: a. Perform other functions as may be assigned by the Secretary and/or provided by law. all national parks. genetic resources. f. particu25 larly with respect to Section 6 (e. Formulate and recommend policies. Rizal. The Board shall assume the powers and functions of the Commission/Commissioners of the NPCC with respect to the adjudication of pollution cases under Republic Act No. The Environmental Management Bureau shall serve as the Secretariat of the Board. The regional offices of the Bureau of Forest Development. Pollution Adjudication Board (PAB) — There is hereby created a Pollution Adjudication Board under the Office of the Secretary. rules. d. The Board shall be composed of the Secretary as Chairman. and endangered Philippine flora and fauna. formerly with the Ministry of Tourism in accordance with Section 24 (c) hereof. Prepare an up-to-date listing of endangered Philippine flora and fauna and recommend a program of conservation and propagation of the same. Bureau of Mines _______________________ 24 The PAB is the successor body in the DENR which exercises the quasi-judicial functions of the former National Pollution Control Commission (NPCC). These powers and functions may be delegated to the regional officers of the Department in accordance with rules and regulations to be promulgated by the Board. 3931 and Presidential Decree No. wildlife sanctuaries and game preserves previously managed and administered by the Ministry of Human Settlements including National Parks reservations situated in the provinces of Bulacan. marine parks. e. 20. 984. wildlife sanctuaries and refuge. Formulate and recommend policies. and p) of Presidential Decree No. Field Offices of the Department—The field offices of the Department are the Environment and Natural Resources Regional Offices in the thirteen (13) administrative regions of the country. SEC. and Quezon formerly declared as Bagong Lipunan sites of said Ministry. guidelines. g. the Environment and Natural Resources Provincial Office in every province. guidelines. and the community office in municipalities wherever deemed necessary. Magat Forest Reservation and Mt. c. j. The Protected Areas and Wildlife Bureau shall be headed by a director and assisted by an assistant director. k. 25 Pollution Control Law. 19. Laguna. two (2) Undersecretaries as may be designated by the Secretary. 984. and regulations for the preservation of biological diversity. and biospheric reserves.

policies. SEC. b. i. projects. Evolve respective regional budget in conformity with the priorities established by the regional development councils. Recommend and. Provide efficient and effective delivery of services to the people. grade and inspect minerals. Environmental Management. c.TOUR OF THE HORIZON and Geosciences. implement programs and projects on forestry. h. 76 . but not limited to: a. plans. and Bureau of Lands in each of the thirteen (13) administrative regions and the research centers of the Forest Research Institute are hereby integrated into the department-wide Regional Environment and Natural Resources Office of the Department. Implement laws. lumber and other wood-processed products. rules and regulations of the Department to promote the sustainability and productivity of natural resources. Land Management. Mines and Geosciences. programs. 21. offices. upon approval. and land management and disposition. in accordance with Section 24 (e) hereof. Functions of Environment and Natural Resources Regional Office—The Environment and Natural Resources regional offices shall be located in the identified regional capitals and shall have the following functions. Supervise the processing of natural resources products. d. utilization and replacement of natural resources. g. and monitor the movement of these products. minerals. social equity in natural resource utilization and environmental protection. Perform other functions as may be assigned by the Secretary and/or provided by law. e. Conduct field researches for appropriate technologies recommended for various projects. and in the formulation/implementation of natural resources programs and projects. agencies in the region and local government units in the enforcement of natural resource conservation laws and regulations. Conduct comprehensive inventory of natural resources in the region and formulate regional short and long-term development plans for the conservation. The regional executive directors and regional technical directors shall be career executive service officers. A regional office shall be headed by a Regional Executive Director (with the rank of Regional Director) and shall be assisted by five (5) regional Technical Directors (with the rank of Assistant Regional Director) each for Forestry. f. and Ecosystems Research. Coordinate with regional offices of other departments.

The Authority shall be responsible for conducting research on remote-sensing technologies such as satellite imagery analysis. 129 (1993).ENVIRONMENTAL ADMINISTRATION The natural resources provincial and community offices shall absorb. respectively. water resources. and Land Classification Teams based at the then Bureau of Forest Development. and similar photogrammetry and cartography materials. and side-looking airborne radar. No. SEC. National Mapping and Resource Information Authority (NAMRIA)—There is hereby created the National Mapping and Resource Information Authority which shall integrate the functions and powers of the Natural Resources Management Center (NRMC). and other information needed by other government agencies and the private sector. provide remote-sensing services and vital data on the environment. charts. in accordance with Section 24 (e) hereof. which are hereby abolished in accordance with Section 24 (b) hereof. agriculture. Heavily-shaded patch represents part of the 15% of their water area reserved as a fish sanctuary/strict protection zone. 77 . Attached Agencies and Corporations — The following agencies and corporations are attached to the 26 Department: a. and shall expand its capability in the production and maintenance of maps.O. which shall provide the Department and the government with map-making services. respectively. The authority shall act as the central mapping agency which will serve the needs of the line services of the Department and other government offices with regard to information and researches. the functions of the district offices of the bureaus. integrate all techniques of producing maps from the ground surveys to various combinations _______________________ 26 The LLDA was made as an attached agency of the DENR by virtue of E. 22. Map of the Balabac (Southern Palawan) Protected Eco-Region. airborne multi-spectral scanning systems. National Cartography Authority (NCA). Bureau of Coast and Geodetic Survey (BCGS). The provincial and community natural resource office shall be headed by a provincial natural resource officer and community natural resource officer.

It shall be responsible primarily for promoting natural resource development and conservation through: 1. formulate and implement nationwide development programs on aerial photography. systems. however. establishment of a nationwide geodetic network of control points that serves as a common reference system for all surveys in the country and conduct hydrographic and coastal surveys to produce the hydrographic and nautical charts vital to sea and water travel as well as the exploitation of our marine resources. and dissemination of natural resource information in all regions and provinces of the country. and remote-sensing mapping services in order to accelerate the development of a comprehensive data bank and information systems on base maps and charts. and the integration of geographic and related information to facilitate access to and analysis of data and its transformation into useful information for resource policy formulation. stored on paper. cartography. statistics. provided. The Administrator shall sit in the Board as its secretary. Direct involvement in pioneering but potentially viable production. that activities which compete with the private sector shall be avoided except in specific cases where the revenues of NRDC are earmarked for specific local development of social service. and remote-sensing mapping activities. cartographic. shall be reorganized under the direct supervision of the Secretary. access. 78 . and provide photogrammetry.. use. film. etc. sharing. and strategies such as but not limited to stumpage sales system. Natural Resources Development Corporation (NRDC)—The existing Natural Resources Development Corporation.TOUR OF THE HORIZON of remote sensing techniques in a cost-effective and acceptable manner. and marketing ventures or projects using new/innovative technologies. planning. text. It shall be the central depository and distribution facility for natural resources data in the form of maps. industrial forest plantations or logging operations. and management. The NAMRIA shall be provided with policy directions by a five-member Board of Governors consisting of key officers with no less than the rank of undersecretaries as follows: Department of Environment and Natural Resources—Chairman Department of Agriculture—Member Department of Public Works and Highways—Member Department of National Defense—Member Department of Transportation and Communications—Member The operations and management of NAMRIA shall be vested in an Administrator who shall be assisted by three (3) Deputy Administrators. b. establish and implement technical standards and quality specifications on map production and its reproduction. or computer. rattan tissue culture. charts. compatible media and shall operate information services and networks to facilitate transfer.

No. 7638 (1992).A.. of the transferred unit as well as the personnel thereof. rights. unless otherwise provided elsewhere in this executive order: a. agro-forestry. in a hold-over capacity. 27 79 . SEC. smallscale mining. equipment. and plans which cannot be carried out by the private sector. which is administratively detached from the Department. Transitory Provisions—In accomplishing the acts of reorganization herein prescribed. it is hereby authorized to generate funds through debt instruments from various sources. The NRDC shall promote the enhancement of forest renewal rate through intensified industrial tree plantation promotion including the provision of incidental services such as extension of assistance on equity/capital. and management. Financing natural resource development projects undertaken by the private sector such as establishing industrial tree plantations. programs. facilities. and c. who shall. Manila Seedling Bank Foundation. appropriations. Bureau of Energy Development. which is transferred to the appropriate energy governing body pursuant to the executive order pertaining to it. The National Electrification Administration (NEA)—The National Electrification Administration which is also attached to the Department shall be reorganized in order that it can effectively and efficiently act and operate as the principal implementing arm of the Department in matters of energy farming and aspects and components of energy policies. records. c. Inc. The transfer of a government unit shall include the functions.ENVIRONMENTAL ADMINISTRATION 2. Energy and Natural Resources by Executive Order 131 are hereby detached and/or transferred as follows: a. _______________________ The NEA has since been detached from the DENR and transferred to the Department of Energy by virtue of R. credit line/facilities. 24. and innovative income generating strategies. and liabilities. b. chosen in action. if any. SEC. The plans and programs of NEA shall be carried out in conformity with policies defined 27 by appropriate energy authorities. as may be necessary. and retooling of the natural resource-based processing industries to improve their efficiency and competitiveness to discharge these functions effectively. Those personnel from the transferred unit whose positions are not included in the Department’s new position structure and staffing pattern approved and prescribed by the Secretary or who are not reappointed shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of Section 25 hereof. Bureau of Energy Utilization. marketing. the following transitory provisions shall be complied with. funds. other assets. 23. Detachment and Transfers—The following offices and corporation attached to the Department of Environment. continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits.

rules. shall be allocated to such appropriate units as the Secretary shall determine or shall otherwise be disposed in accordance with the Government Auditing Code and other pertinent laws. rules.TOUR OF THE HORIZON b. and regulations. in a hold-over capacity. shall be treated in accordance with the Government Auditing Code and other pertinent laws. other assets and personnel as may be necessary to the proper discharge of the transferred functions. c. continue to perform their duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from the service. The liabilities. rights. the appropriations and funds of the abolished entity shall revert to the General Fund. Its personnel shall. if any. and regulations. Such personnel shall. facilities. the new or surviving unit shall exercise the functions (subject to the reorganization herein prescribed and the 80 . In case of the abolition of the government unit which does not result in the transfer of its functions to another unit. shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of the same Section 25. if any. The abolished unit’s remaining appropriations and funds. continue to perform their duties and responsibilities and receive the corresponding salaries and benefits. and regulations. while the personnel thereof. e. and regulations. equipment. In case of merger or consolidation of government units. facilities. rules. and personnel as may be necessary to the proper discharge of the transferred functions. chosen in action. rules. The liabilities of the abolished units shall be treated in accordance with the Government Auditing Code and other pertinent laws. Its personnel whose positions are not included in the Department’s structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or who are not reappointed. equipment. equipment. chosen in action. shall likewise be treated in accordance with the Government Auditing Code and other pertinent laws. if any. The transfer of functions which results in the abolition of the government unit that exercised them shall include the appropriations. Any personnel. funds. Its liabilities. records. whose position. and other assets thereof shall be allocated to such appropriate entities as the Secretary shall determine or shall otherwise be disposed in accordance with the Government Auditing Code and other pertinent laws. are not included in the Department’s new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or who have not been reappointed. chosen in action. d. rights. whose positions are not included in the Department’s new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or who are not reappointed. rules and regulations. if any. rights. records. funds. shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of the same Section 25. Any transfer of functions which does not result in the abolition of the government unit that has exercised them shall include the appropriations. shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of the same Section 25. that may have been incurred in connection with the discharge of the transferred functions. while the records. in a hold-over capacity. facilities. shall revert to the General Fund and its remaining assets. assets.

and regulations pertinent to the exercise of such functions) and shall acquire the appropriations. whose positions are not included in the Department’s new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or who have not been reappointed. shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of the same Section 25 hereof. rules. rights. if any. equipment. but in no case shall such payment exceed the equivalent of twelve (12) months salary. liabilities. in a hold-over capacity. chosen in action. as may be necessary. funds. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed separated from the service. continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from the service. that may have been incurred in connection with the discharge of such function shall likewise be treated in accordance with the Government Auditing Code and other pertinent laws. the appropriations and funds intended to finance the discharge of such function shall revert to the General Fund while the records. Otherwise. and regulations. and regulations. and other assets used in connection with the discharge of such function shall be allocated to the appropriate units as the Department shall determine or shall otherwise be disposed in accordance with the Government Auditing Code and other pertinent laws. New Structure and Pattern—Upon approval of this executive order. Any such personnel. The liabilities. rules and regulations. the officers and employees of the Department shall.ENVIRONMENTAL ADMINISTRATION laws. in a hold-over capacity. facilities. rules. f. rules. of the units that compose the merged unit shall. 25. rights. SEC. continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from government service. The personnel who have performed such function. computed on the basis of the highest salary received. 81 . and personnel. shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of the same Section 25. The new position structure and staffing pattern of the Department shall be approved and prescribed by the Secretary within sixty (60) days from the effectivity of this executive order and the authorized positions created thereunder shall be filled with regular appointments by him or by the President as the case may be. records. equipment. if any. In case of termination of a function which does not result in the abolition of the government unit which performed such function. they shall be paid the equivalent of one (1) month basic salary for every year of service in the government. or a fraction thereof. facilities. whose positions are not included in the Department’s new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or who are not reappointed. other assets. chosen in action. Those separated from the service shall receive the retirement benefits to which they may be entitled under existing laws.

Notice or Consent Requirement—If any reorganizational change herein authorized is of such substance or materiality as to prejudice third persons with rights recognized by law or contract such that notice to or consent of creditors is required to be made or obtained pursuant to any agreement entered into with any of such creditors. 30. SEC. ordinances. and that is SEC. rules and regulations. Prohibition Structural Changes—No change in the reorganization herein prescribed shall be valid except upon prior approval of the President for the purpose of promoting efficiency and effectiveness in the delivery of public services. fact regarding Spaceship Earth. Against SEC. Effectivity —This Executive Order shall take effect immediately. that no instruction book came with it. SEC. SEC. 32.TOUR OF THE HORIZON SEC. such notice or consent requirement shall be complied with prior to the implementation of such reorganizational change. Repealing Clause—All laws. this 10th day of June. Periodic Performance Evaluation—The Department of Environment and Natural Resources is hereby required to formulate and enforce a system of measuring and evaluating periodically and objectively the performance of the Department and submit the same annually to the President. 26. Tapan) 82 . or parts thereof. Separability—Any portion or provision of this executive order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions or provisions can still subsist and be given effect in their entirety. SEC. Funding—Funds needed to carry out the provisions of this Executive Order shall be taken from funds avail“Now there is one outstandingly important able in the Department.”— Buckminster Fuller (G. Approved in the City of Manila. 29. and other issuances. SEC. 1987. 31. 27. Implementing Authority of the Secretary—The Secretary shall issue such orders. and other issuances as may be necessary to ensure the effective implementation of the provisions of this Executive Order. which are inconsistent with this Executive Order. 33. are hereby repealed or modified accordingly. Philippines. rules and regulations. 28.

privacy. a more general law exists. when one of the parties is at a disadvantage on account of his moral dependence. though they may 83 . Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. they are generally public interest in character. mental weakness. or any other means. and peace of mind of his neighbors and other persons. easements. Art. the Civil Code continues to be in full force and effect.CIVIL CODE PROVISIONS ON ENVIRONMENT Civil Code Provisions on Environment (Republic Act 386) Relevance of the Civil Code While the Environmental Laws listed above are more than sufficient to address the range of environmental issues. Art. willfully or negligently causes damage to another. A selection of some of these Civil Code provisions are here cited insofar as they are relevant to private Environmental Enforcement. shall return the same to him. nuisance. Every person who through an act or performance by another. Every person shall respect the dignity. and observe honesty and good faith. 21. or public policy shall compensate the latter for the damage. such as those referring to general human relations. 23. property. contrary to law. Art. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant. However. give everyone his due. 24. the latter shall be liable for indemnity if through the act or event he was benefited. indigence. or other handicap. and easements. tender age. 22. Art. Art. damages. personality. Every person who. the law that governs the civil relations between members of human society especially where private rights and interest are affected. 20. ignorance. 25. or other relations. In other words. Any person who willfully causes loss or injury to another in a manner that is contrary to morals. It is supplemental and complementary to the general environmental laws. these laws are seen as primarily the concern of government. Art. The following similar acts. shall indemnify the latter for the same. act with justice. Passed in 1949. the courts must be vigilant for his protection. 19. in the exercise of his rights and in the performance of his duties. Human Relations Art. Art. Every person must. In all contractual. acquires or comes into possession of something at the expense of the latter without just or legal ground. 26. good customs.

or other personal condition. Art. machination. 3. Prying into the privacy of another’s residence. Meddling with or disturbing the private life or family relations of another. and other relief: 1. prevention. or highhanded method shall give rise to a right of action by the person who thereby suffers damage. Oposa) Art. 29. deceit. lowly station in life. or industrial enterprises or in labor through the use of force. Outlying posts on the right are the innovative boundary markers to delineate the marine protected area. 2. Unfair competition in agricultural. Such action requires only a preponderance of evidence. the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. without just cause. or any other unjust. 27. 4. physical defect. 28. Intriguing to cause another to be alienated from his friends. Front yard of the School of the Seas.TOUR OF THE HORIZON not constitute a criminal offense. intimidation. shall produce a cause of action for damages. oppressive. 84 . Vexing or humiliating another on account of his religious beliefs. place of birth. commercial. (A. Art. without prejudice to any disciplinary administrative action that may be taken. Any person suffering material or moral loss because a public servant or employee refuses or neglects. to perform his official duty may file an action for damages and other relief against the latter. Upon motion of the defendant. a civil action for damages for the same act or omission may be instituted. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt.

which caused portions of their landholdings to dry up. They filed a case against the Perezes and prayed that they be declared as leasehold tenants and that the Perezes be ordered to pay moral and other kinds of damages and costs. it is nevertheless actionable for damages when it is contrary to morals. good customs. who directly or indirectly obstructs. When the civil action is based on an obligation not arising from the act or omission complained of as a felony. Actionable Acts Contrary to Good Customs Although an act may not be punishable by law. they were told by the Perezes’ overseer to vacate their respective areas for they could not plant palay (rice) any longer due to lack of water. Freedom of religion. Article 2219 of the Civil Code permits the award of moral damages for acts mentioned in Article 21 of the same code and the latter stipulates that: “Any person who wilfully causes loss or injury to another in a manner that is contrary to morals. June 29. Facts: Magbanua. the judgement of acquittal is based upon reasonable doubt. Issue: Whether or not the share-tenants are entitled to moral damages? Held: Yes. 31. such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. and 2. Later. In the absence of any declaration to that effect. defeats. They claimed that the Perezes diverted the free flow of water from their farm lots. the court shall so declare. and public policy. Magbanua v. together with five other persons. The Perezes violated the plaintiffs’ rights and caused prejudice to the latter by the unjustified diversion of the water. Art. and no criminal proceedings are instituted during the pendency of the civil case. alleged that they were share-tenants of the Perezes. 1985 85 . L-66870–72. to their great damage and prejudice.R. Any public officer or employee. or public policy shall compensate the latter for the damage. Art. violates.CIVIL CODE PROVISIONS ON ENVIRONMENT If in a criminal case. Art. good customs. or any private individual. 32. it may be inferred from the text of the decision whether or not the acquittal is due to that ground. 30. Under the facts of the case the share-tenants are entitled to a measure of moral damages. a preponderance of evidence shall likewise be sufficient to prove the act complained of.” It appears that the share-tenants were denied irrigation water for their farm lots in order to make them vacate their landholdings. IAC G. Freedom of speech. or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: 1. Nos. When a separate civil action is brought to demand civil liability arising from a criminal offense.

Art. or disregards decency or morality. or 3. 696. Abatement. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefore in the same manner as the one who created it. 698. Art. Annoys or offends the senses. 701. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. or anything else which: 1. or 2. although the extent of the annoyance. Art. or 3. whether public or private. 86 . Public and Private Nuisance Art. without judicial proceedings. The district health officer shall determine whether or not abatement. Procedure for Abatement of Nuisance Art. Hinders or impairs the use of property. 694. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. Art. A public nuisance affects a community or neighborhood or any considerable number of persons. such action shall be commenced by the city or municipal mayor. Art. 697. Art. The remedies against a public nuisance are: 1. or 2. or 5. 699. A civil action. A private nuisance is one that is not included in the foregoing definition. defies. omission. is the best remedy against a public nuisance. or any body of water. Nuisance is either public or private. 700. establishment. If a civil action is brought by reason of the maintenance of a public nuisance. condition of property. danger. A prosecution under the Penal Code or any local ordinance.TOUR OF THE HORIZON Nuisance Definition of a Nuisance Art. Shocks. business. without judicial proceedings. or damage upon individuals may be unequal. 695. Lapse of time cannot legalize any nuisance. or 4. Obstructs or interferes with the free passage of any public highway or street. A nuisance is any act. Injures or endangers the health or safety of others. 702.

705. remedies Art. 2. A private person may file an action on account of a public nuisance. Art. 703. That demand be first made upon the owner or possessor of the property to abate the nuisance. That the abatement be approved by the district health officer and executed with the assistance of the local police. Abatement. 704. by destroying the thing which constitutes the same. That such demand has been rejected. “There are two things which cannot be attacked in front: ignorance and narrow-mindedness. Art. or if necessary. They can only be shaken by the simple development of the contrary qualities. Oposa) 87 . Art. 707. If an alleged nuisance is later declared by the courts to be not a real nuisance. if it is especially injurious to himself. without committing breach of the peace. A private person or a public official extra-judicially abating a nuisance shall be liable for damages: 1. or if necessary. They will not bear discussion.CIVIL CODE PROVISIONS ON ENVIRONMENT Art. The against a private nuisance are: 1. it is indispensable that the procedure for extra-judicial abatement of a public nuisance by a private person be followed. If he causes unnecessary injury. or 2. by destroying the thing which constitutes the nuisance. 706. and 4. without committing a breach of the peace or doing unnecessary injury.” — Lord Acton (A. A civil action. or 2. Any private person may abate a public nuisance which is especially injurious to him by removing. However. or doing unnecessary injury. without judicial proceedings. But it is necessary: 1. Any person injured by a private nuisance may abate it by removing. 3. That the value of the destruction does not exceed three thousand pesos.

He said that cement dust produces cardio-pulmonary complications.R. Raul I. Zenaida Rodriguez testified that two-thirds of her lot had been damaged by the cement dust emanating from the Daytona cement-batching plant.” The court rendered judgment against Daytona. and the land tremendously diminished in value.. Ernesto Rodriguez Jr. Issue: Should the cement-batching plant be closed on the ground that it is a public nuisance? Held: Yes. del Rosario.” Ernesto R. and the people living in the neighborhood of the batching plant are the most susceptible to these diseases.TOUR OF THE HORIZON Excessive Dust is a Nuisance Facts: Ernesto Rodriguez Jr. v. Jr. their source of drinking water. “The cement dust coming from the batching plant of the (Daytona) corporation is injurious to the health of the plaintiffs and other residents in the area. The noise.” On appeal. together with his neighbors. He reported many cases of bronchial asthma in both children and adults who lived in the vicinity of the cement-batching plant. Its operation therefore violates certain rights of the plaintiffs and causes them damage. IAC G. He said that his property has been overrun by effluent from the Daytona cement-batching plant. and the odor generated by the day and night operation of the plant must indeed be causing them serious discomfort and untold miseries. When Daytona failed to answer. 1987 88 . and most of their fruit-bearing and ornamental trees dried up. the vibration. No.. et al. both in point of health and property. the court declared it in default and authorized the plaintiffs to present evidence ex parte. The continuous flow of cement dust into her property affected her deep well. It is thus a nuisance and its abatement justified. The sediment settled on the lots and all forms of vegetation had died as a result. Even her previous pedigreed poodles had been afflicted by all sorts of illnesses. many of them dying in the process. The court granted execution pending appeal because the continued operation of the cement-batching plant of Daytona posed a “great menace to the neighborhood. the smoke. filed an action for abatement of a public nuisance with damages against Daytona Construction and Development Corporation. 74816. testified that he had treated several patients who traced their sickness to the pollution caused by the Daytona cementbatching plant. declaring the operation of the cement-batching plant as a nuisance and ordering its permanent closure. “Dr. the IAC reversed and set aside the decision of the lower court. Rodriguez. testified that he has three parcels of residential lots adjacent to the Daytona compound. a neighboring physician. March 17.

Note also the statement in the case of TDI vs. air and water is within the jurisdiction of the PAB. In some places. reducing one’s quality of life. it can. loud music. supra. 44 that a nuisance caused by the pollution of land. As such. the Fiesta Committee rents a sound system whose speakers are as tall as houses. it is believed that this is a nuisance in that it is offensive to the sense of sound. Damages Art. be abated by the local government unit—the Barangay and/or the Municipal Government under the general principles of nuisance. CA. and seem to equate noise with gaiety. Because of the din that one hears everyday from motor vehicles. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157. and must. the Barangay Chairman’s failure to enforce it is an act of gross negligence. 389 (9) of the Local Government Code.CIVIL CODE PROVISIONS ON ENVIRONMENT Note: This case appears to have been decided before the passage of the law creating the DENR and the PAB. if you can call it that. 2196. and the like. all night. the sound system blares out heart thumping music. injury. Under Sec. p. Art. during their fiestas. Rep. Compensation for workmen and other employees in case of death. Rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this Code. The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code.” Modern man seems to equate noise with progress and economic development. At a very high cost. NOISE POLLUTION “Do not break the silence unless you can improve it. or illness is regulated by special laws. human psychology becomes upset and imbalanced. 2195. The noise quality standards are stated below. Filipinos are interesting characters—they like to blare out their music and let the whole world listen to their music. The existence of noise pollution is determined by a sound meter. the Punong Barangay (Village Chief) is duty-bound to enforce laws and regulations relating to pollution control and protection of the environment. 89 . Act 7160). The key in this game is to hold the local officials liable for failure to implement the law. machinery. The standards for noise pollution are as follows. While one would need a noise meter to ‘scientifically’ prove the ‘noise pollution’. The law on nuisance being a fundament part of Environmental Law.

5. It’s always our self we find in the sea. Exemplary or corrective. 2200. Temperate or moderate. Velas) Art. 2201. Liquidated. Such compensation is referred to as actual or compensatory damages. Damages may be: 1. Nominal. 2199. 2. Art. 2198. or 6. The principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this Code. Indemnification for damages shall comprehend not only the value of the loss suffered. 3. the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable conse- 90 . Moral. but also that of the profits which the obligee failed to obtain.TOUR OF THE HORIZON Kinds of Damages Art. 4. one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Actual or compensatory.E. 2197. In contracts and quasi-contracts. Art. Actual or Compensatory Damages Art. Cummings (M.” — E. “For whatever we lose (like a you or a me). Except as provided by law or by stipulation.

It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. 2206. and the indemnity shall be paid to the heirs of the latter. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question. the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. unless the deceased on account of permanent physical disability not caused by the defendant. may demand support from the person causing the death. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos. bad faith. Art. had no earning capacity at the time of his death.CIVIL CODE PROVISIONS ON ENVIRONMENT quences of the breach of the obligation. 3. malice. Damages may be recovered: 1. 2205. If the plaintiff’s property has been insured. 2204. the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. 2203. Art. In crimes and quasi-delicts. the 91 . Art. Art. If the amount paid by the insurance company does not fully cover the injury or loss. the recipient who is not an heir called to the decedent’s inheritance by the law of testate or intestate succession. the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. The spouse. 2202. The defendant shall be liable for the loss of the earning capacity of the deceased. In crimes. 2. legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. For injury to the plaintiff’s business standing or commercial credit. If the deceased was obliged to give support according to the provisions of Article 291. In addition: 1. the exact duration to be fixed by the court. even though there may have been mitigating circumstances. 2. or wanton attitude. and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of. For loss or impairment of earning capacity in cases of temporary or permanent personal injury. Art. 2207. such indemnity shall in every case be assessed and awarded by the court. In case of fraud. Art. for a period not exceeding five years.

If the obligation consists in the payment of a sum of money. in a proper case. 4. be adjudicated in the discretion of the court. although the obligation may be silent upon this point. 2. In actions for legal support. 2208. 6. In actions for indemnity under workmen’s compensation and employer’s liability laws. 92 . In case of a clearly unfounded civil action or proceeding against the plaintiff. 8. and the debtor incurs in delay. 7. in the discretion of the court. Art. Art. the attorney’s fees and expenses of litigation must be reasonable. 10. Interest may. except when the demand can be established with reasonable certainty. 2210. 5. Art. which is six percent per annum. In a separate civil action to recover civil liability arising from a crime. 2214. just. and skilled workers. the legal interest. Art. 9. In actions for the recovery of wages of household helpers. 2213. attorney’s fees and expenses of litigation. Art. cannot be recovered. Art. When the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest. other than judicial costs. laborers. 2211. the indemnity for damages. and in the absence of stipulation. Art. In crimes and quasi-delicts. When at least double judicial costs are awarded. 3. interest as a part of the damages may. Interest cannot be recovered upon unliquidated claims or damages.TOUR OF THE HORIZON aggrieved party shall be entitled to recover the deficiency from the person causing the loss or injury. shall be the payment of the interest agreed upon. Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff’s plainly valid. In any other case where the court deems it just and equitable that attorney’s fees and expenses of litigation should be recovered. 2212. and demandable claim. In the absence of stipulation. there being no stipulation to the contrary. In all cases. 11. In quasi-delicts. Interest due shall earn legal interest from the time it is judicially demanded. except: 1. be allowed upon damages awarded for breach of contract. In criminal cases of malicious prosecution against the plaintiff. When exemplary damages are awarded. the contributory negligence of the plaintiff shall reduce the damages that he may recover. 2209.

the defendant has done his best to lessen the plaintiff’s loss or injury. Other Kinds of Damages Art. abduction. and nature is tugging at every contract to make the terms of it fair. Art. Quasi-delicts causing physical injuries. social humiliation. Though incapable of pecuniary computation. except liquidated ones. the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article. 2218. or exemplary damages may be adjudicated. besmirched reputation. Seduction. SECTION 1. serious anxiety. 3. real or personal. 2215. A criminal offense resulting in physical injuries. “All sensible people are selfish. That the plaintiff has derived some benefit as a result of the contract. fright. that the defendant acted upon the advice of counsel. 2219. wounded feelings. and quasi-delicts. quasi-contracts. That the loss would have resulted in any event. temperate. or other lascivious acts. That the plaintiff himself has contravened the terms of the contract. Moral include physical suffering. In the adjudication of moral damages. The assessment of such damages. the sentimental value of property. rape. is left to the discretion of the court. mental anguish. 2216.” — Ralph Waldo Emerson (T. 5. In cases where exemplary damages are to be awarded. 3. moral shock.CIVIL CODE PROVISIONS ON ENVIRONMENT Art. ages— Moral Dam- damages Art. moral damages may be recovered if they are the proximate result of the defendant’s wrongful act for omission. Cayton) 93 . 2217. That since the filing of the action. according to the circumstances of each case. 2. Moral damages may be recovered in the following and analogous cases: 1. No proof of pecuniary loss is necessary in order that moral. nominal. and similar injury. as in the following instances: 1. In contracts. 4. Art. 2. liquidated. may be considered.

8. Temperate damages must be reasonable under the circumstances. which has been violated or invaded by the defendant. under the circumstances. 6. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions. Art. 2223. Acts and actions referred to in Articles 21. Malicious prosecution. SEC. 4. 26. Nominal Damages— Art. 27. Temperate or Moderate Damages— Art. may be vindicated or recognized. SEC. may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot. may also recover moral damages. Art. 10. Libel. or any other form of defamation. 94 . in the order named. and 35. or in every case where any property right has been invaded. Acts mentioned in Article 309. The spouse. ascendants. abducted. 2221. Adultery or concubinage. 29. 30. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. Illegal or arbitrary detention or arrest. descendants. Wilful injury to property may be a legal ground for awarding moral damages if the court should find that. to be paid in case of breach thereof. 3. 32. The parents of the female seduced. Temperate or moderate damages. Nominal damages are adjudicated in order that a right of the plaintiff. 28. 2226. The court may award nominal damages in every obligation arising from any source enumerated in Article 1157. SEC. Art. or abused. 2224.TOUR OF THE HORIZON 4. 9. such damages are justly due. from the nature of the case. or their respective heirs and assigns. Liquidated damages are those agreed upon by the parties to a contract. 2. 2220. 2222. 5. referred to in No. Art. which are more than nominal but less than compensatory damages. slander. Illegal search. and brothers and sisters may bring the action mentioned in No. 7. as between the parties to the suit. be provided with certainty. 2225. and not for the purpose of indemnifying the plaintiff for any loss suffered by him. 34. raped. 9 of this article. Liquidated Damages— Art. 3 of this article.

and not the stipulation. the plaintiff must show that he is entitled to moral. in addition to the moral. Exemplary or corrective damages are imposed. Art. whether intended as an indemnity or a penalty. Art. reckless. exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Art. 2229. or malevolent manner. 2227. the law shall determine the measure of damages. for the public good. or compensatory damages. Bugsuk Island. Palawan. Exemplary damages cannot be recovered as a matter of right. SEC. Oposa) Art. 2234. temperate. 5.CIVIL CODE PROVISIONS ON ENVIRONMENT Art. 2233. (A. shall be equitably reduced if they are iniquitous or unconscionable. 2232. 2228. the court may award exemplary damages if the defendant acted in a wanton. While the amount of the exemplary damages need not be proved. by way of example or correction. Such damages are separate and distinct from fines and shall be paid to the offended party. In criminal offenses. Art. In quasi-delicts. Liquidated damages. Balabac. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages. liquidated. fraudulent. In contracts and quasi-contracts. 2231. Art. 2230. exemplary damages may be granted if the defendant acted with gross negligence. Exemplary or Corrective Damages— Art. temperate. Crocodile Swamp at Sunset. oppressive. the court will decide whether or not they should be adjudicated. or compensatory damages 95 .

for the law could not have meant to impose a penalty on the right to litigate. IAC and Uson 129 SCRA 736. moral damages cannot be awarded. Art. June 22. 1984 Special Damages “The damages recoverable upon breach of contract are. 65935. No. In case liquidated damages have been agreed upon. in a sense. they are awarded only to enable the injured party to obtain means. are recoverable where it appears that the particular conditions which made such damages a probable consequence of the breach were known to the delinquent party at the time the contract was made. The adverse result of an action does not per se make the action wrongful and subject the actor to the payment of damages. natural. 64515. primarily. Other damages. September 30. This proposition must be un- 96 .. or amusements that will serve to alleviate the moral suffering he has undergone. we set the criterion that “in the case of moral damages. 2235.” Filinvest Credit Corporation v. Moral Damages is Awarded on a Case-to-Case Basis “There is no hard and fast rule in the determination of what would be a fair amount of moral damages. Be that as it may and in amplification of this generalization. the ordinary. G.R. v. before the court may consider the question of granting exemplary in addition to the liquidated damages. or corruption on the part of the trial court. or compensatory damages were it not for the stipulation for liquidated damages. nevertheless. G. A stipulation whereby exemplary damages are renounced in advance shall be null and void. since each case must be governed by its own peculiar circumstances. Inc. 1988 Only a Wrongful Act May be Awarded Moral Damages “In the absence of a wrongful act or omission or of fraud or bad faith. by reason of the defendant’s culpable action. IAC 166 SCRA 15.” R & B Surety & Insurance Co. necessary damage resulting from the breach. the yardstick should be that the ‘amount awarded should not be palpably and scandalously excessive’ so as to indicate that it was the result of passion. although no proof of loss is necessary in order that such liquidated damages may be recovered. No.” “Moral damages are emphatically not intended to enrich a complainant at the expense of a defendant.TOUR OF THE HORIZON before the court may consider the question of whether or not exemplary damages should be awarded. the plaintiff must show that he would be entitled to moral.R. known as special damages. temperate. and. diversion. prejudice.

knowledge of the special conditions which render such damages possible will not make them recoverable. Art. or an act of negligent omission. 2177. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. 2176. 2179. No. La Corporacion de los Padres Agustinos Recoletos G. he cannot become more extensively liable in damages for the nonperformance of the contract than the party in whose behalf he inter meddles.” Daywalt v. an active deed. but the courts shall mitigate the damages to be awarded. The provisions of Articles 1172 to 1174 are also applicable to a quasi- Art. Special damages of this character cannot be recovered unless made the subject of special stipulation. delict. he cannot recover damages. if any.CIVIL CODE PROVISIONS ON ENVIRONMENT derstood with the qualification that. February 4. Art. The obligation imposed by Article 2176 is demandable not only for one’s own acts or omissions. is called a quasi-delict and is governed by the provisions of this chapter. 2180. When the plaintiff’s own negligence was the immediate and proximate cause of his injury.like. Whoever by act or omission causes damage to another.R. there being fault or negligence. Quasi-Delict Art. “Whatever may be the character of the liability. the plaintiff may recover damages. the immediate and proximate cause of the injury being the defendant’s lack of due care. Such fault or negligence. 13505. But if his negligence was only contributory. if there is no pre-existing contractual relation between the parties. but also for those of persons for whom one is responsible. if the damages are in the legal sense remote or speculative. 2178. 1919 Quasi-Delict: Quasi . similar to Delict – crime A quasi-delict is like a crime in the sense that there is wrongful conduct on the part of the person who committed the act which resulted in damage or injury. Art. which a stranger to a contract may incur by advising or assisting one of the parties to evade performance. But the plaintiff cannot recover damages twice for the same act or omission of the defendant. The conduct may be in the form of an act of commission. 97 . is obliged to pay for the damage done.

TOUR OF THE HORIZON

The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. Art. 2181. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. Art. 2182. If the minor or insane person causing damage has no parents or guardian, the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. Art. 2183. The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage.
“Dear water, dear water, playful in your streams.”— (W.H. Auden) (G. Tapan)

98

CIVIL CODE PROVISIONS ON ENVIRONMENT

Art. 2184. In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months. If the owner was not in the motor vehicle, the provisions of Article 2180 are applicable. Art. 2185. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. Art. 2186. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. The amount of the bond and other terms shall be fixed by the competent public official. Art. 2187. Manufacturers and processors of foodstuffs, drinks, toilet articles, and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers. Art. 2188. There is prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of dangerous weapons or substances, such as firearms and poison, except when the possession or use thereof is indispensable in his occupation or business. Art. 2189. Provinces, cities, and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. Art. 2190. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs. Art. 2191. Proprietors shall also be responsible for damages caused: 1. By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive substances which have not been kept in a safe and adequate place; 2. By excessive smoke, which may be harmful to persons or property; 3. By the falling of trees situated at or near highways or lanes, if not caused by force majeure; 4. By emanations from tubes, canals, sewers, or deposits of infectious matter, constructed without precautions suitable to the place. Art. 2192. If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in Article 1723, the third person suffer99

TOUR OF THE HORIZON

ing damages may proceed only against the engineer or architect or contractor in accordance with said article, within the period therein fixed. Art. 2193. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same. Art. 2194. The responsibility of two or more persons who are liable for quasidelict is solidary.

“When I go into the garden with a spade, and dig a bed, I feel such an exhilaration and health that I discover that I have been defrauding myself all this time in letting others do for me what I should have done with my own hands.” — Ralph Waldo Emerson (G. Tapan, Mt. Isarog)

The Evidence Speaks for Itself The doctrine res ipsa loquitur (the thing speaks for itself) creates presumption of negligence. The thing which caused the injury must first be shown to be under the management of the person or his servants. If in the ordinary course of things, the accident would not happen when those who have its management use proper care, it affords reasonable evidence, in the absence of explanation by such person or his servants, that the accident arose from want of care. Africa v. Caltex G.R. No.12986, March 31, 1966

100

CIVIL CODE PROVISIONS ON ENVIRONMENT

Legal Easements Art. 634. Easements imposed by law have for their object either public use or the interest of private persons. Art. 635. All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title. Art. 636. Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the general welfare. These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person. Flowing Waters Art. 637. Lower estates are obliged to receive the waters which naturally and without the intervention of man descend from the higher estates, as well as the stones or earth which they carry with them. The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the higher estate make works which will increase the burden. Art. 638. The banks of rivers and streams, even in case they are of private ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage. Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusive service of river navigation and floatage. If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid. Note: The distances of the easement margins provided under the Civil Code are deemed modified by Sec. 51 of the Water Code (P.D. 1067). It is now 3 meters for urban, 20 meters for agricultural, and 40 meters for forest lands. Art. 639. Whenever for the diversion or taking of water from a river or brook, or for the use of any other continuous or discontinuous stream, it should be necessary to build a dam, and the person who is to construct it is not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity.

101

TOUR OF THE HORIZON

Art. 640. Compulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or village, after payment of the proper indemnity. Art. 641. Easements for drawing water and for watering animals carry with them the obligation of the owners of the servient estates to allow passage to persons and animals to the place where such easements are to be used, and the indemnity shall include this service. Art. 642. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. Art. 643. One desiring to make use of the right granted in the preceding article is obliged: 1. To prove that he can dispose of the water and that it is sufficient for the use for which it is intended; 2. To show that the proposed right of way is the most convenient and the least onerous to third persons; 3. To indemnify the owner of the servient estate in the manner determined by the laws and regulations.

“What would the world be, once bereft of wet and wildness? Let them be left, O let them be left, wildness and wet; Long live the weeds and the wilderness yet.”— Gerard Manley Hopkins (Y. Lee, Pagsanjan Rapids)

Art. 644. The easement of aqueduct for private interest cannot be imposed on buildings, courtyards, annexes, or outhouses, or on orchards or gardens already existing. Art. 645. The easement of aqueduct does not prevent the owner of the servient estate from closing or fencing it or from building over the aqueduct in such manner as not to cause the latter any damage, or render necessary repairs and cleanings impossible.

102

CIVIL CODE PROVISIONS ON ENVIRONMENT

Art. 646. For legal purposes, the easement of aqueduct shall be considered as continuous and apparent, even though the flow of the water may not be continuous, or its use depends upon the needs of the dominant estate, or upon a schedule of alternate days or hours. Art. 647. One who for the purposes of irrigating or improving his estate, has to construct a stop lock or sluice gate in the bed of the stream from which the water is to be taken, may demand that the owners of the banks permit its construction, after payment of damages, including those caused by the new easement to such owners and to the other irrigators. Art. 648. The establishment, extent, form, and conditions of the servitudes of waters, to which this Section refers, shall be governed by the special laws relating thereto insofar as no provision therefore is made in this Code. Right of Way Art. 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. In case the right of way is limited to the necessary passage or the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance. This easement is not compulsory if the isolation of the immovable is due to the proprietor’s own acts. Art. 650. The easement of right of way shall be established at the point least prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. Art. 651. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate, and may accordingly be changed from time to time. Art. 652. Whenever a piece of land acquired by sale, exchange, or partition is surrounded by other estates of the vendor, exchanger, or co-owner, he shall be obliged to grant a right of way without indemnity. In case of a simple donation, the donor shall be indemnified by the donee for the establishment of the right of way.

103

TOUR OF THE HORIZON

Light and View Art. 667. No part-owner may, without the consent of the others, open through the party wall any window or aperture of any kind. Art. 668. The period of prescription for the acquisition of an easement of light and view shall be counted: 1. From the time of the opening of the window, if it is through a party wall; or 2. From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate. Art. 669. When the distances in Article 670 are not observed, the owner of a wall which is not a party wall, adjoining a tenement or piece of land belonging to another, can make in it openings to admit light at the height of the ceiling joists or immediately under the ceiling, and of the size of thirty centimeters square, and, in every case, with an iron grating imbedded in the wall and with a wire screen. Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof, if there be no stipulation to the contrary. He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings, unless an easement of light has been acquired. Art. 670. No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. Neither can side or oblique, views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. The non observance of these distances does not give rise to prescription. Art. 671. The distances referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the openings do not project, from the outer line of the latter when they do, and in cases of oblique views from the dividing line between the two properties. Art. 672. The provisions of Article 670 are not applicable to buildings separated by a public way or alley, which is not less than three meters wide, subject to special regulations and local ordinances. Art. 673. Whenever by any title a right has been acquired to have direct views, balconies, or belvederes overlooking an adjoining property, the owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in Article 671. Any stipulation permitting distances less than those prescribed in Article 670 is void.

104

CIVIL CODE PROVISIONS ON ENVIRONMENT

Drainage and Falling Waters Art. 674. The owner of a building shall be obliged to construct its roof or covering in such manner that the rain water shall fall on his own land or on a street or public place, and not on the land of his neighbor, even though the adjacent land may belong to two or more persons, one of whom is the owner of the roof. Even if it should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent land or tenement. Art. 675. The owner of a tenement or a piece of land, subject to the easement of receiving water falling from roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the dominant estate. Art. 676. Whenever the yard or court of a house is surrounded by other houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the servient estate, after payment of the proper indemnity. Plantings and Constructions

“I am comforted by life’s stability, by earth’s unchangeableness. What has seemed new and frightening assumes its place in the unfolding of knowledge. It is good to know our universe. What is new is only new to us.” — Pearl S. Buck (G. Tapan)

105

TOUR OF THE HORIZON

Art. 677. No construction can be built or plantings made near fortified places or fortresses without compliance with the conditions required in special laws, ordinances, and regulations relating thereto. Art. 678. No persons shall build any aqueduct, well, sewer, furnace, forge, chimney, stable, depository of corrosive substance, machinery, or factory which by reason of its nature or products is dangerous or noxious, without observing the distances prescribed by the regulations and customs of the place, and without making the necessary protective works subject in regard to the manner thereof to the conditions prescribed by such regulations. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors.

“With all beings and all things we shall be as relatives.” — Sioux Indian (A. Oposa, Isla Encantada, Visayan Sea)

In the absence of regulations, such precaution shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. Art. 679. No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted.

106

CIVIL CODE PROVISIONS ON ENVIRONMENT

Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. The provisions of this Article also apply to trees which have grown spontaneously. Art. 680. If the branches of any trees should extend over a neighboring estate, tenement, garden, or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property. Art. 681. said land. Fruits naturally falling upon adjacent land belong to the owner of

On Beaches and Tree Planting 1. Nuisance The beach is illegally appropriated and occupied by informal settlers who use the seashore as their toilet. Despite the clear mandate of the Water Code on easements, and the mandate of the Local Government Code, the local government unit concerned is hesitant to remove these squatters because of the ‘political’ implications of this action. (Squatters mean votes come election time.) A private citizen can use the provisions on public nuisance to gain the necessary legal personality to initiate a public interest case to enforce the law on easements. 2. Land Pollution Other than the clean-up provision of the Environment Code (Presidential Decree No. 1152) which relates to water pollution, there is no specific provision requiring the clean-up of land contaminated by pollution (usually by hazardous wastes). For this purpose, the law on the abatement of a nuisance by the successive owner or possessor of a property may be creatively used to require whoever is in possession of said land to undertake the clean-up. The person sued (the “last-touch” possessor) can then file a third-party complaint against all previous owners and possessors. (N. B. This subject matter on the clean-up of contaminated land is ripe for legislation.)

107

TOUR OF THE HORIZON

3. Tree Planting with Easement of Two Meters Oftentimes in the enthusiasm for “tree planting” especially in urban areas, one tends to disregard the easement required by law. If planted too close to the boundary of the adjoining property, the roots may penetrate the soil of said property and may cause structural damage to any structure standing thereon. On roadsides, sidewalks, parking lots and other concretely-paved over ground, planted trees themselves must have an easement of soil of at least one meter on each side. While no law provides for this, common sense dictates that it must have enough land and soil to absorb rain and moisture and for its roots to grow.

——o0o——

108

LAND

LAND
CHAPTER CONTENTS
PROTECTED AREAS National Integrated Protected Areas System Act, 111 The Strategic Environmental Plan for Palawan, 122 Cave Management Act, 131 Revised Forestry Code, 136 (Felipe v. Deputy) (Minors v. DENR) (Mustang Lumber v. CA) (Paat v. CA) Chainsaw Act of 2002, 194 PROTECTED SPECIES Conservation and Protection of Wildlife Resources, 198 Protection of the Philippine Eagle, 214 Protection of Wild Flowers, 215 Prospecting of Biological and Genetic Resources, 218 Tree Planting, 225 List of Endangered Species, 228 AGRICULTURE Agriculture and Fisheries Modernization (RA 8435) Philippine Policy on Transgenics, 237, 277 High – Valued Crops, 277 Fertilizers and Pesticides, 283 Coconut Cutting, 291 Animal Welfare, 294 Regulating the Slaughter of Carabaos, 298 Plant Quarantine, 299 LAND TENURE Property Registration Law, 306 (Cariño v. Insular Government) (Republic v. Animas) (Lepanto v. Dumyung) Cases on Land Reform, 341 (Vinzons-Magana v. Estrella) (Luz Farms v. Secretary of Agrarian Reform) (Maddumba v. GSIS) (Association of Small Landowners v. DAR) Community Based Forest Management, 343 Allocation/Tenure Instruments in Production Forest Lands, 347 Permits Issued for the Utilization of Forest Resources in Production Forest Lands, 350 Agreements and Permits Involving Forest Resources in Private Lands, 351 MINERALS Small-Scale Mining Program, 352 People’s Small-Scale Mining, 354 Philippine Mining Act, 362 (Miners v. Factoran) (La Bugal-B’laan Tribal v. Ramos et. al.) ENERGY Department of Energy, 410 Mini-Hydroelectric Power Developers, 422 Non-Conventional Energy Resources, 427 Biofuels Act, 432 Geothermal Resources, 440 Geothermal Watersheds, 443 The Stillborn Nuclear Power Plant, 445 (Nuclear Free Philippine Coalition v. NPC) Oil Deregulation, 446 Legality of the Deregulation Policy, 459 (Garcia v. Corona) Pilferage of Electricity, 460 Electric Power Industry Reform Act of 2001, 468 Implementing the Natural Gas Vehicle Program for Public Transport, 470 Energy Conservation Program), 476

CHAPTER II: LAND Protected Areas National Integrated Protected Areas System Act (Republic Act 7586)
SECTION 1. Title.—This act shall be known and referred to as the “National Integrated Protected Areas System Act of 1992.” SEC. 2. Declaration of Policy—Cognizant of the profound impact of man’s activities on all components of the natural environment particularly the effect of increasing population, resource exploitation and industrial advancement and recognizing the critical importance of protecting and maintaining the natural biological and physical of diversities of the environment notably on areas with biologically unique features to sustain human life and development, as well as plant and animal life, it is hereby declared the policy of the State to secure for the Filipino people of present and future generations the perpetual existence of all native plants and animals through the establishment of a comprehensive system of integrated protected areas within the classification of national park as provided for in the Constitution. It is hereby recognized that these areas, although distinct in features, possess common ecological values that may incorporated into a holistic plan representative of our natural heritage; that effective administration of these areas is possible only through coopera“Nature knows no pause in progress and develoption among national government, ment, and attaches her curse on all inaction.”— local government and concerned Johann Wolfgang von Goethe private organizations; that the use (N. Oshima, Forest) and enjoyment of these protected areas must be consistent with the principles of biological diversity and sustainable development.

111

LAND

To this end, there is hereby established a National Integrated Areas System (NIPAS), which shall encompass outstandingly remarkable areas and biologically important public loans that are habitats of rare and endangered species of plants and animals, biogeographic zones and related ecosystems, whether terrestrial, wetlands or marine, all of which shall be designated as “protected areas”. SEC. 3. tablished: Categories—The following categories of protected areas are hereby es-

a. Strict nature reserve; b. Natural park; c. Natural monument; d. Wildlife sanctuary; e. Protected landscapes and seascapes; f. Resource reserve; g. Natural biotic areas; and h. Other categories established by law, convention or international agreements which the Philippines Government is a signatory. SEC. 4. Definition of terms —For purposes of this Act the following terms shall be defined as follows:

Let us beware of saying there are laws in nature.

There are only necessities: There is no one to coma. “NIPAS” is the classificamand, no one to obey, no one to transgress. When tion and administration of all desigyou realize there are no goals or objectives, then nated protected areas to maintain you realize, too, that, there is no chance: for only essential ecological processes and in a world of objectives does the word chance have life-support systems, to preserve geany meaning. — Friedrich Nietzsche netic diversity, to ensure sustainable (G. Tapan) use of resources found therein, and to maintain their natural conditions to the greatest extent possible;

b. “Protected area” refers to identified portions of land and water set aside by reasons of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation; c. “Buffer zones” are identified areas outside the boundaries of an immediately adjacent to designated protected areas pursuant to Section 8 that need special development control in order to avoid or minimize harm to the protected area;

112

NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT

d. “Indigenous cultural community” refers to a group of people sharing common bonds of language, customs traditions, and other distinctive cultural traits, and who have , since time to immemorial, occupied, possessed and utilized a territory; e. “National park” refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historical objects, wild animals and plants therein to provide enjoyment of these features in such areas; f. “Natural monument” is a relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics; g. “Natural biotic area” is an area set aside to allow the way of life societies living in harmony with the environment to adopt to modern technology at their pace; h. “Natural park” is relatively large area not materially altered by human activity where extractive resource use are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, education and recreational use; i. “Protected landscapes/seascapes” are areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of these areas; j. “Resource reserve” is an extensive and relatively isolated and uninhabited normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning; k. “Strict nature reserve” is an area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representatives examples of the natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state; l. “Tenured migrant communities” are communities within protected areas which have actually and continuously occupied such areas for five (5) years before the designation of the same as protected areas in accordance with this Act and are solely dependent therein for subsistence; and m. “Wildlife sanctuary” comprises an area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation.

113

LAND

SEC. 5. Established and Extent of the System—The establishment and operationalization of the System shall involve the following: a. Areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law, presidential decree, presidential proclamation or executive order as national park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, fish sanctuary, natural and historical landmark, protected and managed landscape/seascape as well as identified virgin forests before the effectivity of this Act are hereby designated as initial components of the System. The initial components of the System shall be governed by existing laws, rules and regulations, not inconsistent with this Act; b. Within one (1) year from the effectivity of this Act, the DENR shall submit to the Senate and the House of Representatives a map and legal description or natural boundaries of each protected area initially compromising the System. Such maps and legal descriptions shall, by virtue of this Act, constitute the official documentary representation of the entire System, subject to such changes as Congress deems necessary; c. All DENR records pertaining to said protected areas, including maps and legal descriptions or natural boundaries, copies of rules and regulations governing them, copies of public notices of, and reports submitted to Congress regarding pending additions, eliminations, or modifications shall be made available to the public. These legal documents pertaining to protected areas shall also available to the public in the respective DENR Regional Offices, Provincial Environment and Natural Resources Offices (PENROs) and Community Environment and Natural Resources Offices (CENROs) where the NIPAS areas are located; d. Within three (3) years from the effectivity of this Act, the DENR shall study and review each area tentatively composing the System as to its suitability or nonsuitability for preservation as protected area and inclusion in the System according to the categories established in Section 3 hereof and report its findings to the President as soon as each study is completed. The study must include in each area: 1) 2) 3) A forest occupants survey; An ethnographic study; A protected area resource profile;

4) Land use plans done in coordination with the respective Regional Development Councils; and 5) Such other background studies as will be sufficient bases for selection. The DENR shall: 1) Notify the public of the proposed action through publication in a newspaper of general circulation, and such other means as the System deems necessary in the area or areas in the vicinity of the affected land thirty (30) days prior to the public hearing;

114

NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT

2) Conduct public hearings at the locations nearest to the area affected; 3) At least thirty (30) days prior to the date of hearing, advice all local government units (LGUs) in the affected areas, national agencies concerned, peoples organizations and non-government organizations and invite such officials to submit their views on the proposed action at the hearing not later than thirty (30) days the following the date of the hearing; and 4) Give due consideration to the recommendations at the public hearing; and provide sufficient explanation for his recommendations contrary to the general sentiments expressed in the public hearing; e. Upon receipt of the recommendations of the DENR, the President shall issue a president proclamation designating the recommended areas as protected areas and providing for measures for their protection until such time when Congress shall have enacted a law finally declaring such recommended areas as part of the integrated area systems; and f. Thereafter, the President shall send to the Senate and the House of Representatives his recommendations with respect to the designations as protected areas or reclassification of each area on which review has been completed, together with maps and legal descriptions of boundaries. The President, in his recommendation, may propose the alteration of existing boundaries of any or all proclaimed protected areas, addition of any contiguous area of public land of predominant physical and biological value. Nothing contained herein shall limit the President to propose, as part of his recommendation to Congress, additional areas which have been not designated, pro“Nature…makes nothing in vain.” — Aristotle claimed or set aside by law, presi(Y. Lee) dential decree or executive order as protected area/s. SEC. 6. Additional Areas to be Integrated to the System—Notwithstanding the establishment of the initial component of the System, the Secretary shall propose the inclusion in the System of additional areas with outstanding physical features, anthropological significance and biological diversity in accordance with the provisions of Section 5 (d). 115

LAND

SEC. 7. Disestablishment as Protected Area—When in the opinion of the DENR a certain protected area should be withdrawn or disestablished, or its boundaries modified as warranted by a study and sanctioned by the majority of the members of the respective boards for the protected area as herein established in Section 11, it shall, in turn, advise Congress. Disestablishment of a protected area under the System or modification of its boundary shall take effect pursuant to an act of Congress. Thereafter, however, That after disestablishment by Congress, the Secretary may recommend the transfer of such established area of other government agencies to serve their priority programs of national interest. SEC. 8. Buffer Zones—For each protected area, there shall be established peripheral buffer zones when necessary, in the same manner from activities that will directly harm it. Such buffer zones shall be included in the individual protected area management plan that shall be prepared for each protected area. The DENR shall exercise its authority over protected areas as provided in this Act on such area designated as buffer zones. SEC. 9. Management Plans—There shall be a general management planning strategy to serve as guide in formulating individual plans for each protected area. The management planning strategy shall, at the minimum, promote the adoption and implementation of innovative management techniques including, if necessary, the concept of zoning, buffer zone management for multiple use and protection, habitat conservation and rehabilitation, diversity management, community organizing, socioeconomic and scientific researchers, site-specific policy development, pest management, and fire control. The management planning strategy shall also provide guidelines for the protection of indigenous cultural communities, other tenured migrant communities and sites and for close coordination between and among local agencies of the Government as well as the private sector. Each component area of the System shall be planned and administered to further protect and enhance the permanent preservation of its natural conditions. a management manual shall be formulated and developed which must contain the following: an individual management plan prepared by three (3) experts, basic background information, field inventory of the resources within the area, an assessment of assets and limitations, regional interrelationships, particular objectives for the managing the area, appropriate division of the area into management zones, a review of the boundaries of the area, and a design of the management programs. SEC. 10. Administration and Management of the System—The National Integrated Protected Areas System is hereby placed under the control and administration of the Department of Environment and Natural Resources. For this purpose, there is hereby created a division in the regional offices of the Department to be called the Protected Areas and Wildlife Division in regions where protected areas have been established, which shall be under the supervision of a Regional Technical Director, and shall include subordinate officers, clerks and employees as may be proposed by the Secretary, duly approved by the Department of Budget and Management, and appropriated for by 116

NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT

Congress. The Service thus established shall manage protected areas and promote the permanent preservation, to the greatest extent possible of their natural conditions. To carry out the mandate of this Act, the Secretary of the DENR is empowered to perform any and all of the following acts: a. To conduct studies in various characteristics features and conditions of the different protected areas, using commonalities in their characteristics, classify and define them into categories and prescribe permissible or prohibited human activities in each category in the System; b. To adopt and enforce a land-use scheme and zoning plan in adjoining areas for the preservation and control of activities that may be threaten the ecological balance in the protected areas; c. To cause the preparation of and exercise the power to review all plans and proposals for the management of protected areas; d. To promulgate rules and regulations necessary to carry out the provisions of this Act; e. To deputize field officers and delegate any of his powers under this Act and other laws to expedite its implementation and enforcement; f. To fix and prescribe rea“The hills and the sea and the earth dance. The sonable NIPAS fees to be collected world of man dance in laughter and tears.”— Kabir from government agencies or any (N. Oshima) person, firm or corporation deriving benefits from the protected areas; g. To extract administrative fees and fines as authorized in Section 21 for violations of guidelines, rules and regulations of this Act as would endanger the viability of protected areas; h. To enter into contracts and/or agreements with private entities or public agencies as may be necessary to carry out the purposes of this Act; i. To accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts or bequests of money for immediate disbursements or other property in the interest of the NIPAS, its activities, or its services; j. To call on any agency or instrumentality of the Government as well as academic institutions, non-government organizations and the private sector as may be necessary to accomplish the objectives and activities of the System; 117

LAND

k. To submit an annual report to the President of the Philippines and to Congress on the status of protected areas in the country; l. To establish a uniform matter for the System, including an appropriate and distinctive symbol for each category in the System, in consultation with appropriate government agencies and public and private organizations; m. To determine the specification of the class, type and style of buildings and other structures to be constructed in protected areas and the materials to be used; n. Control the construction, operation and maintenance of roads, trails, water works, sewerage fire protection and sanitation systems and other public utilities with the protected areas; o. Control occupancy of suitable portions of the protected areas and resettle outside of said area forest occupants therein, with the extraction of the members of the indigenous communities area; and p. To perform such other functions as may be directed by the President of the Philippines, and to do such acts as may be necessary or incidental to the accomplishment of the purpose and objectives of the System. SEC. 11. Protected Area Management Board—A Protected Area Management Board for each of the established protected area shall be created and shall be composed of the following: the Regional Executive Director under whose jurisdiction the protected area is located ; one (1) representative from the autonomous regional government, if applicable; the Provincial Development Officer; one (1) representative from the municipal government; one (1) representative from each barangay covering the protected area; one (1) representative from each tribal community, if applicable; and at least three (3) representatives from non-government organizations / local community organizations, and if necessary, one (1) representative from other departments or national government agencies involved in protected area management. The Board shall, by majority vote, decide the allocations for budget, approve proposals for funding, decide matters relating to planning, peripheral protection and general administration of the area in accordance with the general management strategy. The members of the Board shall serve for a term of five (5) years without compensation, except for actual and necessary traveling and subsistence expenses incurred in the performance of their duties. They shall be appointed by the Secretary of the DENR as follows: a. A member who shall be appointed to represent each local government down to barangay level whose territory or portion in included in the protected area. Each appointee shall be the person designated by the head of such LGU, except for the Provincial Development Officer who shall serve ex officio; b. A member from non-government organizations who shall be endorsed by heads of organizations which are preferably based in the area or which have established and recognized interest in protected areas;

118

NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT

c. The RED/s in the region/s where such protected area lies shall sit as ex officio member of the Board and shall serve as adviser/s in matters related to the technical aspect of management of the area; and d. The RED shall act as chairman of the Board. When there are two (2) or more than REDs in the Board, the secretary shall designate one (1) of them to be the Chairman. Vacancies shall be filed in the same manner as the original appointment. SEC. 12. Environmental Impact Assessment—Proposals for activities which are outside the scope of the management plan for protected areas shall be subject to an environmental impact assessment as required by law before they are adopted, and the results thereof shall be taken into consideration in the decision-making process. No actual implementation of such activities shall be allowed without the required Environmental Compliance Certificate (ECC) under the Philippine Impact Assessment (EIA) system. In instances where such activities are allowed to be undertaken, the proponent shall plan and carry them out in such manners as will minimize any adverse effects and take preventive and remedial action when appropriate. The proponent shall be liable for any damage due to lack of caution or indiscretion. SEC. 13. Ancestral lands and Rights Over Them—Ancestral lands and customary rights and interest arising shall be accorded due recognition. The DENR shall prescribe rules and regulations to govern ancestral lands within protected areas: Provided, however, That all rules and regulations, whether adversely affecting said communities or not, shall be subjected to notice and hearing to be participated in by members of concerned indigenous community. SEC. 14. Survey for Energy Resources—Consistent with the policies declared in Section 2 hereof, protected areas, except strict nature reserves and natural parks, may be subjected to exploration only for the purpose of gathering information on energy resources and only if such activity is carried out with the least damage to surrounding areas. Surveys shall be conducted only in accordance with a program approved by the DENR, and the result of such surveys shall be made available to the public and submitted to the President for recommendation to Congress. Any exploitation and utilization of energy resources found within NIPAS areas shall be allowed only through a law passed by Congress. SEC. 15. Areas Under the Management of Other Departments and Government Instrumentalities—Should there be protected areas, or portions thereof, under the jurisdiction of government instrumentalities other than the DENR, such jurisdiction shall, prior to the passage of this Act, remain in the said department or government instrumentality: Provided, That the department or government instrumentality exercising administrative jurisdiction over said protected area or a portion thereof shall coordinate with the DENR in the preparation of its management plans, upon the effectivity of this Act. SEC. 16. Integrated Protected Areas Fund—There is hereby established a trust fund to be known as Integrated Protected Areas (IPAS) Fund for purposes of financing

119

LAND

projects of the System. The IPAS may be solicit and receive donations, endowments, and grants in the form of contributions, and such endowments shall be exempted from income or gift taxes and all other taxes, charges of fees imposed by the Government or any political subdivision or instrumentality thereof. All incomes generated from the operation of the System or management of wild flora and fauna shall accrue to the Fund and may be utilized directly by the DENR for the above purpose. These incomes shall be derived from: a. Taxes from the permitted sale and export of flora and fauna and other resources from protected areas; b. Proceeds from lease of multiple- use areas; c. Contributions from industries and facilities directly benefiting from the protected area; and d. Such other fees and incomes derived from the operation of the protected area. Disbursements from the Fund shall be made solely for the protection, maintenance, administration, and management of the System, and duly approved projects endorsed by the PAMBs, in the amounts authorized by the DENR. SEC. 17. Annual Report to Congress—At the opening of each session of Congress, on the status of the System, regulation in force and other pertinent information, together with recommendations. SEC. 18. Field Officers—All officials, technical personnel and forest guards employed in the integrated protected area service or all persons deputized by the DENR, upon recommendation to the Management Board shall be considered as field and make arrests in accordance with the rules on criminal procedure for the violation of laws and regulations relating to protected areas. Persons arrested shall be brought to the nearest police precinct for investigation. Nothing herein mentioned shall be construed as preventing regular law enforcers and police officers from arresting any person in the act of violating said laws and regulations in protected areas. SEC. 19. Special Prosecutors—The Department of Justice shall designate special prosecutors to prosecute violation of laws, rules and regulations in protected areas. SEC. 20. Prohibited Acts—Except as may be allowed by the nature of their categories and pursuant to rules and regulations governing the same, the following acts are prohibited within protected areas: a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a permit from the Management Board; b. Use of any motorized equipment without as permit from the Management Board;

120

NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT

c. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities ( of scenic value ); d. Damaging and leaving roads and trails in a dam condition; e. Squatting, mineral locating, or otherwise occupying any land; f. Constructing and maintaining any kind of structure, fence or enclosures, conducting any business exposed or unsanitary conditions refuse or debris, or depositing in ground or in bodies of water; and g. Altering, removing, destroying or defacing boundary mark or signs.

“Those who dwell, as scientists or laymen, among the beauties and mysteries of the earth are never alone or weary of life.” — Rachel Carson (T. Cayton)

SEC. 21. Penalties—Whoever violates this Act or any rules and regulations issued by the Department pursuant to this Act or whoever is found guilty by a competent court of justice of any of the offenses in the preceding section shall be fined in the amount of not less than Five thousand pesos ( P5,000 ) not more than Five hundred thousand pesos ( P500,000 ), exclusive of the value of the thing damaged or imprisonment for not less than one (1) year but not more than six (6) years, or both, as determined by the court; Provided, That, if the area requires rehabilitation or restoration as determined by the court, the offender shall also be required to restore or compensate for the restoration to the damage: Provided, further, That the court shall order the eviction of the offender from the land and the forfeiture in the favor of the Government of all minerals, timber or any species collected or removed including all equipment, devices and firearms used in connection therewith, and any construction or improvement made

121

LAND

thereon by the offender. If the offender is an association or corporation, the president or manager shall be directly responsible for the act of his employees and laborers: Provided, finally, That the DENR may impose administrative fines and penalties consistent with this Act. SEC. 22. Separability Clause—If any part of section of this Act is declared unconstitutional, such declaration shall not affect the other parts of sections of this Act. SEC. 23. Repealing Clause—All laws, presidential decrees, executive orders, rules and regulations inconsistent with any provisions of this Act shall be deemed repealed or modified accordingly. SEC. 24. Effectivity Clause—This Act shall take effect fifteen (15 ) days after its complete publication in two ( 2 ) newspaper of general circulation. Approved: June 01, 1992.

Freedom of the wilderness means many things to different people. To really enjoy it, we must recognize our responsibility as human beings. Freedom gives us no license to change a heritage that belongs to the ages. — Sigurd Olson

The Strategic Environmental Plan for Palawan (Republic Act 7611) Chapter I General Provisions SECTION 1. Title—This Act shall be known as the “Strategic Environmental Plan (SEP) for Palawan Act.” SEC. 2. Declaration of Policy—It is hereby declared the policy of the State to protect, develop and conserve its natural resources. Towards this end, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country.

122

THE STRATEGIC ENVIRONMENTAL PLAN FOR PALAWAN

It shall support and promote the sustainable development goals for the provinces through proper conservation, utilization and development of natural resources to provide optimum yields on a continuing basis. With specific reference to forest resources, the State shall pursue and implement forest conservation and protection through the imposition of a total commercial logging ban as hereinafter provided. It shall also adopt the necessary measures leading to the creation of an institutional machinery including, among others, fiscal and financial programs to ensure the effective and efficient implementation of environmental plans, programs and projects. It shall also promote and encourage the involvement of all sectors of society and maximize people participation in natural resource management, conservation and protection.

“And shall not loveliness be loved forever?”—Euripedes (A. Oposa)

of SEC. 3. Definition Terms—As used in this Act, the following terms are defined as follows:

1. Palawan refers to the Philippine province composed of islands and islets located 7º47’ and 12º22’ north latitude and 117º00’ and 119º51’ east longitude, generally bounded by the South China Sea to the northwest and by the Sulu Sea to the east; 2. Sustainable development means the improvement in the quality of life of the present and future generations through the complementation of development and environmental protection activities; 3. Natural resources refers to life-support systems such as the sea, coral reefs, soil, lakes, rivers, streams, and forests as well as useful products found therein such as minerals, wildlife, trees and other plants, including the aesthetic attributes of scenic sites that are not man-made; 4. Tribal land areas refers to the areas comprising both land and sea that are traditionally occupied by the cultural minorities; 5. Environmentally critical areas refers to terrestrial, aquatic and marine areas that need special protection and conservation measures as they are ecologically fragile; 6. Participatory processes means the involvement of all the key sectors of development, from the grassroots to the policy-making bodies of the national government, in

123

LAND

providing the values and ideas from which strategic development and environmental protection action can come about; 7. Conservation refers to the wise use of natural resources that assures regeneration and replenishment for continuous benefit; 8. Ecology refers to the sustaining interrelationships interactions of organisms with other and with their physical roundings; lifeand each sur-

9. Commercial logging refers to the cutting, felling or destruction of trees from old growth and residual forests for the purpose of selling or otherwise disposing of the cut or felled logs for profit; 10. SEP refers to the Strategic Environmental Plan discussed in Section 4 of this Act; 11. ECAN refers to the Environmentally Critical Areas Network as provided in Section 7 of this Act; “He that plants trees loves others besides himand self.”— Thomas Fuller 12. EMES refers to the Envi(A. Oposa) ronmental Monitoring and Evaluation System provided in Section 13 of this Act. Chapter II Strategic Environmental Plan: Adoption, Philosophy and Legal Effects SEC. 4. Strategic Environmental Plan (SEP)—A comprehensive framework for the sustainable development of Palawan compatible with protecting and enhancing the natural resources and endangered environment of the province is hereby adopted. Such framework shall be known as the Strategic Environmental Plan for Palawan, hereinafter referred to as SEP, and shall serve to guide the local government of Palawan and the government agencies concerned in the formulation and implementation of plans, programs and projects affecting said province. SEC. 5. Strategic Environmental Plan Philosophy—The SEP shall have, as its general philosophy, the sustainable development of Palawan, which is the improvement in the quality of life of its people in the present and future generations through the use 124

coral reefs. mangroves. Protection of tribal people and the preservation of their culture. and shall serve as the main strategy of the SEP. settlement areas. should be fully committed to support sustainable development activities by fostering equity in access to resources and the benefits derived from them. 6. Ecological viability — The physical and biological cycles that maintain the productivity of natural ecosystems must always be kept intact. All local governments in Palawan and the concerned national and regional government agencies operating therein shall coordinate and align their projects and the corresponding budgets with the projects. The ECAN shall ensure the following: 1. education and training.THE STRATEGIC ENVIRONMENTAL PLAN FOR PALAWAN of complementary activities of development and conservation that protect life-support ecosystems and rehabilitate exploited areas to allow upcoming generations to sustain development growth. 5. including its tribal lands. and 3. small islands. mines. This shall be known as the Environmentally Critical Areas Network. 2. Integrated approach — This allows for a holistic view of problems and issues obtaining in the environment as well as opportunities for coordination and sharing that will eventually provide the resources and political will to actually implement and sustain SEP activities. Maintenance of maximum sustainable yield. Protection of watersheds. It shall therefore be incorporated in the regional development plan of Region IV as part of said plan. through participatory processes. Preservation of biological diversity. as administered and implemented by an administrative machinery hereinafter created. Provision of areas for environmental and ecological research. SEC. hereinafter referred to as ECAN. forests. and projects affecting the environment and natural resources of Palawan. 4. 2. programs and policies of the SEP. agricultural areas. SEC. seagrass beds and the surrounding sea. and 125 . 7. 6. It shall have the following features: 1. programs. 3. Forest conservation and protection through the imposition of a total commercial logging ban in all areas of maximum protection and in such other restricted use zones as the Palawan Council for Sustainable Development as hereinafter created may provide. Protection of rare and endangered species and their habitat. Environmentally Critical Areas Network (ECAN)—The SEP shall establish a graded system of protection and development control over the whole of Palawan. Social acceptability — The people themselves. 7. Legal Effects—The SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans.

These management components. Traditional use area—Edges of intact forests where traditional land use is already stabilized or is being stabilized. Main Components—The areas covered by the ECAN shall be classified into three (3) main components: 1. 3. and 3. Limited and non-consumptive activities may be allowed in this area. agriculture and infrastructure development. peaks of mountains or other areas with very steep gradients. Terrestrial Component: Management Scheme and Zonation—The terrestrial component may be further subdivided into smaller management components for a more efficient supervision. however. Management and control shall be carried out with the other supporting programs of the SEP. 8. Control and management shall be strictly integrated with the other supporting programs of the SEP and other similar programs of the government.000) meters elevation. may be granted to traditional uses of tribal communities of these areas for minimal and soft impact gathering of forest species for ceremonial and medicinal purposes. grazing and pastures. shall each be further subdivided into the following zones: 1.LAND 8. Exceptions. Multiple/Manipulative use area—This is the area where the landscape has been modified for different forms of land use such as intensive timber extraction. and c. 2. Tribal ancestral lands—These are the areas traditionally occupied by the cultural communities. Coastal/marine area—This area includes the whole coastline up to the open sea. Area of maximum protection or core zone—This zone shall be fully and strictly protected and maintained free of human disruption. 9. Provision of areas for tourist and recreation. Controlled forest extraction. Included here are all types of natural forest which include first growth forest. in turn. 2. This is characterized by active fisheries and tourism activities. b. and endangered habitats and habitats of endangered and rare species. Controlled use area—Encircles and provides the outer barrier to the core and restricted use areas. residual forest and edges of intact forest. SEC. like the collecting of minor forest products. SEC. 126 . Buffer zone—This area permits regulated use and may be further subdivided into three (3) sub-zones: a. areas above one thousand (1. Restricted use area—Generally surrounds the core zone and provides a protective barrier. and strictly controlled logging and mining may be allowed. Terrestrial—The terrestrial component shall consist of the mountainous as well as ecologically important low hills and lowland areas of the whole province. It may be further subdivided into smaller management components.

and mangrove ecosystem reserves. mariculture.THE STRATEGIC ENVIRONMENTAL PLAN FOR PALAWAN SEC. 10. Core zone—This area shall be designated free from any human activity. traditionally occupied by cultural minorities. comprise both land and sea areas. this zone also serves as the buffer zone where fishery. 11. selected coral reefs. Section 1131 (c) (M. 2. This includes sanctuaries for rare and endangered species. and patterns of resource use. recreation. Equitable access to the resource and management responsibility by the local community shall be the underlying management philosophy of this component. Tribal Ancestral Lands—These areas. education and research are allowed. Velas) SEC. therefore. Wilderness is an area where the Earth and its community of life are untouched by * man. The SEP. critical nature. rehabilitation of small islands and mangrove ecosystem. seagrass. 1. Coastal/Marine Zone—A different and simplified scheme of management and zonation shall be applied to this component due to its geographical characteristics. These shall be treated in the same graded system of control and prohibition as in the others above-mentioned except for stronger emphasis in cultural considerations. 127 . where man himself is a visitor and does not remain. Multiple use zone—Aside from being the development area. shall define a special kind of zonation to fulfill the material and cultural needs of the tribes using consultative processes and cultural mapping of the ancestral lands. — Wilderness Act of the United States of America.

sector representatives and the staff of line agencies’ development communication or public information section and. Management of Resources Outside of the Ecologically Critical Areas — The SEP shall provide for the management of resources outside of the ECAN and shall include coastal resources. identify adverse environmental trends and crisis areas. 16. It shall also provide for tourism planning. Training programs for the nongovernmental organizations (NGOs). complementing regular environment/science courses in the school. and suggest measures to make the SEP more responsible to the changing needs. timber and mines. at the same time. Chapter IV Support Mechanisms SEC. monitoring. 13. assess the implementation of the SEP. Environmental Monitoring and Evaluation System (EMES) —In order to monitor achievement of its goals. As such. This may establish linkages between the NGO’s. It shall measure changes in environmental status. but shall also extend to policies and socioeconomic questions. 15. Environmental Research—The SEP shall provide for a system of research so that additional information for accurate planning as well as data to solve new problems in the implementation of the SEP shall be supplied. Palawan Council for Sustainable Development—The governance. 12. Chapter V Administrative Machinery for the Implementation of the SEP SEC. resource assessments and research into processes. SEC. community organizing shall be enhanced to reinforce non-formal approaches. community leaders. the SEP’s researches shall not be confined to the physical and biological features of the environment. implementation and policy direction of the Strategic Environmental Plan shall be exer- 128 . resources of the catchment areas. Environmental Education and Extension—The SEP shall design an environmental information and education designed to gradually wean the people away from destructive practices and shall recommend practical ways as an alternative. business sector representatives. SEC. achieved through surveys. 14. the SEP shall establish an Environmental Monitoring and Evaluation System (EMES) which shall ensure a systematic and reliable means of data generation for the various concerns of the SEP. recommend solutions. Simultaneously. development in the lowlands. be used to plan out a comprehensive public information drive. and community leaders shall be organized.LAND Chapter III Management of Resources Outside of the Ecologically Critical Areas SEC. and settlement areas.

as hereinafter provided. office. gifts.THE STRATEGIC ENVIRONMENTAL PLAN FOR PALAWAN cised by the herein created Palawan Council for Sustainable Development (PCSD). Establish policies and guidelines for employment on the basis of merit. loans. 19. the Deputy Director General of the National Economic and Development Authority. SEC. SEC. Formulate plans and policies as may be necessary to carry out the provisions of this Act. 17. the Executive Director of the Palawan Council for Sustainable Development Staff as provided in Section 20 of this Act. Delegate any or all of its powers and functions to its support staff. That the per diems collected do not exceed the equivalent of per diems for four (4) meetings in a month. 4. bureau. technical competence and moral character and prescribe a compensation and staffing pattern. Compensation—The members of the Council shall be entitled to per diems and allowances in accordance with existing laws in the performance of their duties and in carrying out the business of the Council. which shall be under the Office of the President. Coordinate with the local governments to ensure that the latter’s plans. The per diems shall be in the amount of Five Hundred Pesos (P500) for every meeting. a Chairman and a ViceChairman. 5. 3. 6. Recommend to the Congress of the Philippines such matters that may require legislation in support of the objectives of the SEP. agency or instrumentality of the government. 7. Provided. Quorum—A majority of the members of the Council shall constitute a quorum for the conduct of business. and accept donations. the Undersecretary for Special Concerns of the Department of Agriculture. Call on any department. The Council shall elect. hereinafter referred to as the Council. the Council is hereby vested with the following powers and functions: 1. 129 . It shall be composed of the Members of the House of Representatives representing the Province of Palawan. except those which by provisions of law cannot be delegated. and other fundings from domestic and foreign sources to carry out the activities and purposes of the SEP. the President of the Mayor’s League of Palawan. Powers and Functions—In order to successfully implement the provisions of this Act. programs and policies of the SEP. SEC. grants. the President of the Provincial Chapter of the Liga ng mga Barangay. and on private entities and organizations for cooperation and assistance in the performance of its functions. the Mayor of Puerto Princesa City. 2. negotiate for. the Governor of Palawan. Arrange. programs and projects are aligned with the plans. the Undersecretary of Environment and Natural Resources. and such other members from the public or private sectors as the majority of the Council may deem necessary. from among its members. 18.

conservation. hereinafter referred to as PIADPO. and utilization of the natural resources of Palawan. and organize such services as may be required by the Council in the exercise of its functions. amend and rescind such rules and regulations and impose penalties therefore for the effective implementation of the SEP and the other provisions of this Act. complement. 130 . Enforce the provisions of this Act and other existing laws. rules and regulations or parts thereof contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly. records. He shall also be ex officio member of the Council. funds. All the applicable powers. decrees. appropriations. powers. functions. 9. Adopt. protection. are hereby transferred to the Palawan Council 1 for Sustainable Development Staff. SEC. orders. Repealing Clause—All laws. Perform related functions which shall promote the development. The incumbent director of the PIADPO shall be the Executive Director of the Palawan Council for Sustainable Development Staff and shall lead all its operation. Appropriations—The amount necessary to carry out the provisions of this Act shall be charged to the current fiscal year appropriations of the PIADPO. Perform such other powers and functions as may be necessary in carrying out its functions. SEC.LAND 8. It shall be independent of any other department or agency of the Government other than the herein provided Council. and the provisions of this Act. as well as all its obligations and liabilities. 16. Separability Clause—If any of the provisions of this Act shall be declared unconstitutional. staff. and 11. Chapter VI Appropriations and Final Provisions SEC. property. personnel. such sums as may be necessary shall be included in the annual General Appropriations Act. management. SEC. 23. rules and regulations similar to or complementary with this Act. the Executive Director shall be appointed by the members of the Council. Thereafter. 22. implement programs. the other provisions of this Act shall remain valid. 21. equipment. 20. Thereafter. Conversion of Palawan Integrated Area Development Project Office (PIADPO) to the Palawan Council for Sustainable Development Staff—The Palawan Integrated Area Development Project Office. is hereby converted to the Palawan Council for Sustainable Development Staff which shall serve as the regular professional support staff of the Council and shall provide the machinery to coordinate the policy and functions. 10. _______________________ 1 See also Sec. and other assets of the PIADPO.

CAVE MANAGEMENT ACT SEC. Definition of Terms. whether or not the entrance. Niño Cave. — It is hereby declared the policy of the State to conserve. — For purposes of this Act. tourism and other purposes. located either in private or public land.” Sto. Approved: June 19. 1992. recess or system of interconnected passages beneath the surface of the earth or within a cliff or ledge and which is large enough to permit an individual to enter. the following terms shall be defined as follows: a. Towards this end. 2. 24. Oposa) SEC. the State shall strengthen cooperation and exchange of information between governmental authorities and people who utilize caves and cave resources for scientific. protect and manage caves and cave resources as part of the country’s natural wealth. Effectivity Clause—This Act shall take effect upon its approval. recreational. SEC. Cave Management Act (Republic Act 9072) SECTION 1. Tami-aw. educational. Declaration of Policy. is naturally formed or man-made. Title—This Act shall be known as the “National Caves and Cave Resources Management and Protection Act. It shall include any 131 . “Cave” means any naturally occurring void. cavity. 3. Somewhere in the Visayan Sea. (A.

develop and implement a national program for the management. the National Museum. “Secretary” means the Secretary of the Department of Environment and Natural Resources (DENR). drapery. “Speleogem” means relief features on the walls. b. meander niches. “Significant cave” refers to a cave which contains materials or possesses features that have archaeological. sinkhole or other feature which is an extension of the entrance. Powers and Functions of the Department of Environment and Natural Resources (DENR)—In the implementation of this Act. including paleontological and archaeological deposits. including but not limited to anastomoses. 5. cultural artifacts or products of human activities. The term also includes cave resources therein. including but not limited to any stalactite. 4. the DENR shall exercise the following powers and functions: a. 7611 or the Strategic Environmental Plan for Palawan Act. “Cave resources” includes any material or substance occurring naturally in caves. That the permittee shall be required to post a bond to ensure compliance with the provisions of any permit: Provided. b. That any permit issued 132 . mine tunnel. the Palawan Council for Sustainable Development shall be the lead implementing agency pursuant to Republic Act No. protection and conservation of caves and cave resources. Formulate. plant life. Implementing Agency—The DENR shall be the lead agency tasked to implement the provisions of this Act in coordination with the Department of Tourism (DOT). the National Historical Institute and concerned local government unit (LGUs) for specific caves. SEC. e. f. concretion. minerals. Disseminate information and conduct educational campaign on the need to conserve. ecological. c. but not any vug.LAND natural pit. helictite. sediments. protect and manage our caves and cave resources. aqueduct or other man-made excavation. scallops. SEC. rimstone or formation of clay or mud. concerned LGUs. cave flower. further. the scientific community and the academe. c. ceilings and floor of any cave or lava tube which are part of the surrounding bedrock. Issue permits for the collection and removal of guano and other cave resources which shall be determined in coordination with the DOT. cultural. such as animal life. the National Museum. stalagmite. flowstone. historical or scientific value as determined by the DENR in coordination with the scientific community and the academe. petromorphs and rock pendants in solution caves and similar features unique to volcanic caves. except that in the Province of Palawan. with regard to specific caves taking into consideration bio-diversity as well as the aesthetic and archaeological value of the cave: Provided. “Speleothem” means any natural mineral formation or deposit occurring in a cave or lava tube. speleogems and speleothems. d.

e. defacing. shall assess its archaeological. SEC. 7. bureau. marring. among others. and g.CAVE MANAGEMENT ACT under this Section shall be revoked by the Secretary when the permittee violates any provision of this Act or fails to comply with any other condition upon which the permit was issued: Provided. a description of the geographic site for which the information is sought. the National Historical Institute. development and management of cave or caves located in their respective territorial jurisdiction. historical and scientific value. 6. Information Concerning the Nature and Location of Significant Caves— Information concerning the nature and specific location of a potentially significant cave shall not be made available to the public within one (1) year after its discovery by the DENR. theft or destruction on such cave. state university or college and other instrumentalities of the government for assistance as the need arises in the discharge of its functions. disturbing. confidentiality of such information and to ensure the protection of the cave from destruction by vandalism and unauthorized use. 133 . an assurance or undertaking satisfactory to the Secretary that adequate measures are to be taken to protect the d. That the Secretary cannot issue permits for the removal of stalactites and stalagmites. and when it is established that the removal of the resources will adversely affect the value of a significant cave: Provided. the following: a. d. ecological. in coordination with the DOT. cultural. the National Museum. an explanation of the purpose for which the information is sought. furthermore. That caves located within a protested area shall be subject to the provisions of Republic Act No. The written request shall contain. Knowingly destroying. and c. unless a written request is made and the Secretary determines that disclosure of such information will further the purpose of this Act and will not create a substantial risk of harm. Prohibited Acts—The following shall be considered prohibited acts: a. f. agency. Call on any local government unit. b. removing or harming the speleogem or speleothem of any cave or altering the free movement of any animal or plant life into or out of any cave. Tap the cooperation of people’s and nongovernmental organizations as active partners in the conservation and protection of our caves and cave resources. the scientific community and the academe. Enter into a memorandum of agreement with any local government unit (LGU) for the preservation. 7586 or the National Integrated Protected Areas System Act of 1992. SEC. altering. finally. during which time the DENR. concerned LGUs. Exercise other powers and perform other functions as may be necessary to implement the provisions of this Act.

further. bartering or exchanging or offering for sale without authority any cave resource. alone with the heavens. SEC. somewhere where they can be million pesos (P1. 8.000. Counselling.000. and c. or compensate for the damage: Provided. 10. he or she shall likewise be removed from office. consuming. finally. selling.00) or both. the offender shall also be required to restore the same. possessing. That if the offender is a government employee. Administrative Confiscation and Conveyance—The Secretary shall order the confiscation. That the person furnishing the capital to accomplish the acts punishable herein shall be punished by imprisonment from six (6) years and one (1) day to eight (8) years or by a fine ranging from Five hundred thousand The best remedy for those who are afraid. in favor of the government of the cave resources gathered.000. at the discretion of the Court: Provided. Penalties—Any person found guilty of any of the offenses enumerated under Section 7 hereof shall be punished by imprisonment from two (2) years to six (6) years or a fine ranging from Twenty thousand pesos (P20.00) to Five hundred thousand pesos (P500.000.00) or quiet.000. That if beauty of nature. Gathering. Fees—Any money collected by the DENR as permit fees for collection and removal of cave resources. collecting. 134 . as a result of the forfeiture of a bond or other security by a permittee who does not comply with the requirements of such permit issued under this Act or by way of fines for violations of this Act shall be remitted to the National Treasury.LAND b.00) to One unhappy is to go utside. lonely or pesos (P500. whenever practicable. at the discretion of the that God wishes to see people happy. nature and God. Because only then does one feel that all is as it should be and both. SEC. collected. Tapan. 9. possessed or sold including the conveyances and equipment used in violation of Section 7 hereof. procuring. soliciting or employing any other person to violate any provision of this Section.—Anne Frank the area requires rehabilitation (G. SEC. Callao Cave) or restoration as determined by the Court. amidst the simple Court: Provided. removed.

Treasure hunting in caves shall be governed by the provisions of this Act.CAVE MANAGEMENT ACT SEC. SEC. which are inconsistent with any of the provisions of this Act are hereby repealed or amended accordingly. within six (6) months from the effectivity of this Act. decrees. 14. SEC. Except Presidential Decree No. 11. all other laws. or parts thereof. the remaining provisions shall remain in full force and effect. 2001. Appropriations—The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. Effectivity—This Act shall take effect fifteen (15) days following its publication in two (2) national newspapers of general circulation. 1726-A is hereby modified. Approved: April 8. SEC. 135 . 13. SEC. Implementing Rules and Regulations—The DENR shall. orders and regulations. 4846. issue rules and regulations necessary to implement the provisions hereof. Separability Clause—If any provision of this Act is subsequently declared unconstitutional. 412 and Republic Act No. 15. 12. Repealing Clause—Presidential Decree No.

rehabilitation and development of forest lands. Now. shearing off those woods and making the earth bald before her time. Ferdinand E. and the public welfare. I.” — Henry David Thoreau (N. to achieve the above purpose. and utilization of the lands of the public domain to maximize their productivity to meet the demands of our increasing population is urgently needed. Therefore. he is deemed an industrious and enterprising citizen. 136 . protection. it is also imperative to place emphasis not only on the utilization thereof but more so on the protection. rehabilitation. in order to ensure the continuity of their productive condition. utilization. it is necessary to reassess the multiple uses of forest lands and resources before allowing any utilization thereof to optimize the benefits that can be derived therefrom. Whereas. management. he is in danger of being regarded as a loafer. do hereby revise Presidential Decree No.LAND Revised Forestry Code (Presidential Decree 705) Whereas. Title—This decree shall be known as the “Revised Forestry Code of the Philippines. and the management. and efforts on the proper classification and delimitation of the lands of the public domain. by virtue of the powers in me vested by the Constitution. the present laws and regulations governing forest lands are not responsive enough to support reoriented government programs. The multiple uses of forest lands shall be oriented to the development and progress requirements of the country. and development of forest lands. proper classification. But if he spends his days as a speculator. Policies—The State hereby adopts the following policies: a. Oshima) SECTION 1. the advancement of science and technology. Whereas. Whereas. projects.” SEC. 2. 389 to read as follows: “If a man walks in the woods for love of them half of each day. Marcos. President of the Philippines.

1. 4 National Parks are now more extensively treated in the National Integrated Protected Areas Systems (NIPAS). 7586 (1992). _______________________ 4 As amended by Sec. Permanent forest or forest reserves refers 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. h. Rep. guidelines and procedure. National park refers to a forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery. and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations. development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition. in view of the suitability of its topography and vegetation. the permanent forest or forest reserves. Land classification and survey shall be systematized and hastened. Act No. 3. the natural and historic objects and the wild animals or plants therein.D. P. c. Public forest is the mass of lands of the public domain which has not been subject to the present system of classification for the determination of which lands are needed for forest purposes and which are not. Now the Secretary of Environment and Natural Resources. 1559.REVISED FORESTRY CODE b. No. Mineral lands refers to those lands of the public domain which have been clas3 sified as such by the Secretary of Natural Resources in accordance with prescribed and approved criteria. for the raising of livestock. d. g. b. c. SEC. Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. i. 3 2 137 . and forest reservations. f. 2 Definition — a. 11 June 1978. birds and fish and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas. Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals. Grazing land refers to that portion of the public domain which has been set aside. The establishment of wood-processing plants shall be encouraged and rationalized. The protection. Alienable or disposable lands refers 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. Forest land includes the public forest. e. and d.

bagtikan. nipa. wood. rattan. Forest product means timber. Seashore park refers to any public shore area delimited for outdoor recreation. Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast. extending along stream where the water is brackish. oil. irrigation works or domestic water facilities needing immediate protection or rehabilitation. p.LAND j. scenic. Watershed is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface runoff. Dipterocarp forest is a forest dominated by trees of the dipterocarp species. and flowering plant. pulpwood. gum. apitong and the yakals. bark. sports fishing. 138 . s. tiaong. Oshima) o. the associated water. q. m. fish. Pine forest is a forest type predominantly of pine trees. historical. honey. Kaingin refers to a portion of the forest land which is subjected to shifting and/or permanent slash-and-burn cultivation. Marine park refers to any public offshore area delimited as habitat of rare and unique species of marine flora and fauna. or other forest growth such as grass. n. resin. beeswax. tree top. game. he plants it for posterity. “A man does not plant a tree for himself. k. water skiing and related healthful activities. shrub. Watershed reservation is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation.” — Alexander Smith (N. l. tanguile. such as red lauan. and mayapis of the Philippine mahogany group. firewood. white lauan. almon. Critical watershed is a drainage area of a river system supporting existing and proposed hydroelectric power. recreational and geologic resources in forest lands. r.

combines agriculture crops. License agreement is a privilege granted by the State to a person to utilize forest resources within any forest land with the right of possession and occupation thereof to the exclusion of others. tree crops and forest plants and/or animals simultaneously or sequentially. blockboard. w. paper board. water and wildlife. License is a privilege granted by the State to a person to utilize forest resources within any forest land. recreation value. Healthy residual refers to a sound or slightly injured tree of the commercial species left after logging. z. machine or combination of machines used for the conversion of logs and other forest raw materials into lumber. veneer. and applies management practices which are compatible with the cultural patterns of the local population. Sustained-yield management implies continuous or periodic production of forest products in a working unit for the purpose of achieving at the earliest practicable time an approximate balance between growth and harvest or use. grass and timber of forest lands. fiberboard. Processing plant is any mechanical setup. 139 . paper or other finished wood products. in consideration of specified rental. bb. but with the corresponding obligation to develop. cc. dd. or conduct any activity involving the utilization of any forest resources. soil. wildlife. plywood. u. y. any forest land of the public domain in order to undertake any authorized activity therein. except the government. x. Agro-forestry is a sustainable management for land which increases overall production. over-mature and defective trees in such manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber. This is generally applied to the commercial timber resources and is also applicable to the water. Seed tree system is a silvicultural system characterized by partial clearcutting leaving seed-trees to regenerate the area. device. Lease is a privilege granted by the State to a person to occupy and possess. and forest cover for the protection and conservation of soil. Selective logging is the systematic removal of the mature.REVISED FORESTRY CODE t. v. to the exclusion of others. protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement. and other renewable resources of the forest. without any right of occupation and possession over the same. grass. Industrial tree plantation refers to any forest land extensively planted to tree crops primarily to supply raw material requirements of existing or proposed wood processing plants and related industries. pulp. aa. water. Tree farm refers to any small forest land or tract of land purposely planted to tree crops. ee. or establish and operate a wood-processing plant. Multiple-use is the harmonized utilization of the land. wildlife.

hh. including applicable appropriations. and Merger of All Forestry Agencies into the Bureau of Forest Development—For the purpose of implementing the provisions of this Code. other related laws. Private right means or refers to titled rights of ownership under existing laws. jj. development. Enforcement and implementation of the line functions are now delegated to the Regional Offices of the DENR. the Bureau of Forest Development (BFD) has been renamed “Forest Management Bureau (FMB) and with the functional shift from a line to a staff bureau. ll. records. Chapter I Organization and Jurisdiction of the Bureau SEC. Person includes natural as well as juridical person. Forest officer means any official or employee of the Bureau who has been appointed or delegated by law or by competent authority to execute. Rationalization is the organization of a business or industry using management principles. Annual allowable cut is the volume of materials. Cutting cycle is the number of years between two major harvests in the same working unit and/or region. 5 140 . 4. property and such personnel as may be necessary. hereinafter referred to as the Bureau. reproduction and care of forest trees. implement or enforce the provisions of this Code. the Reforestation Administration. and old clearings. 192 (1987). efficiency and profitability of operation. gg. equipment. Creation of. Silviculture is the establishment. systems and procedures to attain stability. mm. the Bureau of Forestry. that is authorized to be cut yearly from a forest. as well as their implementing regulations. nn. kk. are hereby 5 merged into a single agency to be known as the Bureau of Forest Development. and in the case of national minority to rights of possession existing at the time a license is granted under this Code. ii. Permit is short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a limited activity within any forest land without any right of occupation and possession therein. but exclude productive forest inclusive of logged-over areas. which possession may include places of abode and worship. Forest ecosystem refers to the living and non-living components of a forest and their interaction. the Southern Cebu Reforestation Development Project. _______________________ With the reorganization of the DENR by Executive Order No. burial grounds.LAND ff. whether of wood or other forest products. and the Parks and Wildlife Office. commercial forests and established plantations of forest trees and trees of economic values.

the implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing lands. grazing lands. lessees. and the enforcement of forestry. a holder of at least a Bachelor’s Degree in Forestry or its equivalent. efficient and economic classification of lands of the public domain. by the Department Head whose decision shall be final and executory after the lapse of thirty (30) days from receipt by the aggrieved party of said decision. the effective. regeneration. SEC. management. Creation of Functional Divisions and Regional and District Offices — All positions in the merged agencies are considered vacant. The Bureau shall regulate the establishment and operation of sawmills. 7 141 . SEC. Director and Assistant Director and Their Qualifications — The Bureau shall be headed by a Director. 1987. rules. series of 1966. 19. Jurisdiction of Bureau—The Bureau shall have jurisdiction and authority over all forest land. shall promulgate the rules and regulations necessary to implement effectively the provisions of this Code. the regulation and supervision of the operation of licensees. SEC. who shall be assisted by one or more Assistant Directors. unless appealed to the President in accordance with the Executive Order No. upon the recommendation of the Director of Forest Development. and a registered forester. at least 30 years of age.REVISED FORESTRY CODE SEC.O. 6. 7.’ hereinafter referred to as the Department Head. and permittees for the taking or use of forest products therefrom or the occupancy or use thereof. 8. The Director and Assistant Directors shall be appointed by the President. SEC. the protection. and all forest reservations including watershed reservations presently administered by other government agencies or instrumentalities. motu proprio or upon appeal of any person aggrieved thereby. development and preservation of national parks. The decision of the Department Head may not be reviewed by the courts except through a special civil action for certiorari or prohibition. marine parks. 5. Review — All actions and decisions of the Director are subject to review. No person shall be appointed Director or Assistant Director of the Bureau unless he is a natural born citizen of the Philippines. SEC. reforestation. parks. Present occupants may be appointed in accordance with a staffing pattern or plan of organization to be prepared _______________________ 7 This section has been rendered generally irrelevant with the reorganization of the DENR/FMB by E. game and wildlife laws. 10. 9. and regulations. No. Rules and Regulations — The Department Head. and reforestation of forest lands. Supervision and Control —The Bureau shall be directly under the control and supervision of the Secretary of the Department of Natural Resources. game refuges and wildlife. s. in collaboration with other bureaus. development. It shall be responsible for the protection. 192. veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products. the implementation of multiple use and sustained yield management in forest lands.

General Services. Silviculture. Forest Occupancy Watershed Management Infrastructure Parks Management. Timber Operations. the following divisions and sections are hereby created. Range Management. Technical Training Non-Technical Training Administrative Division Legal Division Reforestation and Afforestation Division Timber Management Division Utilization Division Forest Protection and Infrastructure Management Parks. Land Uses. Cooperative Planting. Planting Stock Production. Recreation Management. in which case the position may be filled by any other qualified applicant. Information. Data. to wit: Divisions Planning and Evaluation Division Sections Program Planning. Timber Management Plans. Timber Inventory and Photo-Interpretation. Performance Evaluation. Range and Wildlife Division Security and Intelligence Division Forest Development Training Center 142 . Any appointee who fails to report for duty in accordance with the approved plan within thirty (30) days upon receipt of notification shall be deemed to have declined the appointment. Management Analysi Data and Information. Wildlife Management. Forest Surveys. Budget.LAND by the Director and approved by the Department Head. Utilization. Forest Economics. Land Classification. Accounting. For the efficient and effective implementation of the program of the Bureau. and Mapping. Plantation Management. Personnel. Forest Protection.

The system shall measure accomplishment in quantity and quality of performance as related to the funded program of work assigned to each organizational unit. 1. 8 _______________________ 8 As amended by Sec. 143 . a Forestry Development Center which shall conduct basic policy researches in forestry and develop or help develop an effective machinery for forestry policy formulation and implementation. natural boundaries of watersheds under the river-basin concept of management. the salary corresponding to the position temporarily held by him. 11. sections or units as may be deemed necessary and to appoint the personnel thereto: Provided. established work loads. 1559.REVISED FORESTRY CODE The Department Head may. 12. 11 June 1978. The evaluation system shall provide the information necessary for annual progress reports and determination of employee training. No. the provisions of any law to the contrary notwithstanding: Provided. operate an in-service training center for the purpose of upgrading and training its personnel and new employees. The Bureau shall also set aside adequate funds to enable personnel to obtain specialized education and training in local or foreign colleges or institutions. Performance Evaluation—The Bureau shall devise a system. There shall be established in the College of Forestry. That the boundaries of such districts shall follow. University of the Philippines at Los Baños. There shall be created at least eleven (11) regional offices. P. In each region. there shall be as many forest districts as may be necessary. SEC. in coordination with the Department of Natural Resources and the wood industry. regulations. That an employee appointed or designated as officer-in-charge of a newly created division. to evaluate the performance of its employees. to be approved by the Department Head. Manpower and Policy Development—The Bureau shall establish and SEC. programs.D. whenever possible. or to an existing vacant position with a higher salary. need for forest protection. There shall be included a system of periodic inspection of district offices by the regional offices and the regional and district offices by the Central Office in both functional fields and in the overall assessment of how each administrative unit has implemented the laws. from the date of such appointment or designation until he is replaced or reverted to his original position. reorganize or create such other divisions. fire prevention and other factors. To help defray the cost of operating said Center. upon recommendation of the Director. shall receive. civil service awards and transfer or disciplinary action. in accordance with the extent of forest area. section or unit. policies. and practices relevant to such unit. it is authorized to receive assistance from the wood industry and other sources.

and into such other classes as now or may hereafter be provided by law. and grazing lands. guidelines. 1.. That mangrove and Nature’s peace will flow into you as sunshine flows into other swamps not needed for trees.”— shore protection and suitable for John Muir fishpond purposes shall be (N. 144 . rules and regulations. industrial or commercial. and be placed under the administrative jurisdiction and management of. 1559. Provided. P. and prescribe the criteria. System of Land Classification—The department head shall study. 14. 13. devise. Those still to be classified under the present system shall continue to remain as part of the public forest. No. In the meantime. Oshima) released to.while cares will drop off like autumn leaves. Existing Pasture Leases in Forest Lands. resettlement. the department head shall simplify through inter-bureau action the present system of determining which of the unclassified lands of the public domain are needed for forest purposes and declare them as permanent forest to form part of the forest reserves. timber or forest. the administrative jurisdiction and management of which shall be transferred to the Bureau of Lands: “Climb the mountains and get their good tidings.. mineral. and methods for the proper and accurate classification and survey of all lands of the public domain into agricultural. residential. 11 June 1978. The winds will blow their own freshness into you.LAND Chapter II Classification and Survey SEC. He shall declare those classified and determined not to be needed for forest purposes as alienable and disposable lands. determine.—Forest lands which are not SEC. the Bureau of Fisheries and Aquatic Resources. reservations and which are the subject of pasture leases shall be classified as grazing _______________________ 9 9 As amended by Sec.D.

be classified as alienable and disposable land. where the occupant is quali“There is a way that nature speaks. reject public land application. and disposition of grazing lands shall remain under the Bureau. management. therefore. nor any forest land fifty percent (50%) in slope or over. Areas less than 250 hectares which are far from. or eject occupants thereof. That said story. SEC. to pay attention to the Public Land Act: Provided. even if they are below eighteen percent (18%) in slope. Oshima) well-established community. That the administration.—No land of the public domain eighteen percent (18%) in slope or over shall be classified as alienable and disposable. or which protect a spring for communal use. Topography. as grazing land.—The following lands. which are not yet part of a (N. Lands eighteen percent (18%) in slope or over which have already been declared as alienable and disposable shall be reverted to the classification of forestlands by the department head. continuously. and may not. 16. SEC. guidelines and methods of classification to be prescribed by the department head: Provided. that when public interest so requires.REVISED FORESTRY CODE lands and areas covered by pasture permits shall remain forest lands until otherwise classified under the criteria. Isolated patches of forest of at least five (5) hectares with rocky terrain. to wit: 1. 15. steps shall be taken to expropriate. 145 . Areas Needed for Forest Purpose.” — Linda Hogan lands. Most of the time we are simply not patient enough. to form part of the forest reserves. further. shall be kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and streams: Provided. adversely and publicly for a period of not less than thirty (30) years as of the effectivity of this Code. or are not contiguous with. are needed for forest purposes. cancel defective titles. unless they are already covered by existing titles or approved public land application. that land fied for a free patent under the speaks. 2. or actually occupied openly. quiet enough. any certified alienable and disposable land.

The department head may reserve and establish any portion of the public forest or forest reserve as site or experimental forest for use of the Forest Research Institute. or concrete monuments at intervals of not more than five hundred (500) meters in accordance with established procedures and standards. offshore areas needed for the preservation and protection of educational. 1. forest station sites. to have said title cancelled or amended. national parks. 146 .processing plant. scientific. Provided. reference shall be made to the Philippine Coast and Geodetic Survey Topo map. game refuge. tween permanent forests and alienable or disposable lands shall be clearly marked and maintained on the ground. 9. 1559. SEC. if public interest so requires. steps shall be taken. game refuges and wildlife sanctuaries.LAND 3. or surrounded wholly or partly by. Areas which have already been reforested. 6. Establishment of Boundaries of Forest Lands. or approved to be established. and others of public interest.—All boundaries beSEC. 11 June 1978. ecological and recreational values. 4. and modify boundaries of existing ones. 17. and Areas previously proclaimed by the President as forest reserves. national shrines. P. forest reserve and forest reservation for the national park system. 10. No. national historical sites. When public interest requires. Areas needed for other purposes. Reservations in Forest Lands and Offshore Areas. In all cases of boundary conflicts. shall be established as marine parks. 18. Strips of mangrove or swamplands at least twenty (20) meters wide. or any other visible and practicable signs to ensure protection of the forest. Appropriately located road rights-of-way. wood. historical. lakes.—The President of the Philippines may establish within any lands of the public domain. forest lands where headwaters emanate. bird sanctuaries. 5. _______________________ 10 10 As amended by Sec.D. along shorelines facing oceans. such as national parks. including the marine life found therein. or for any other purpose. and strips of land at least twenty (20) meters wide facing lakes. 7. and other bodies of water. national historic sites. Ridge tops and plateaus regardless of size found within. with infrastructure or roads. for preservation as critical watersheds. Areas within forest concessions which are timbered or have good residual stocking to support an existing. or the titled area expropriated. 8. Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with channels of at least five (5) meters wide. That in case an area falling under any of the foregoing categories shall have been titled in favor of any person.

license. install. license. or rescind any contract. or any other form of privilege granted herein: Provided. No. national parks and established experimental forests shall not be subject to commercial logging or grazing operations. occupy. the proper silvicultural and harvesting system that will promote optimum sustained yield shall be practiced. License Agreement. 1559. soil. modify. exploitation. wildlife. exploitation.—All measures shall be taken to achieve an approximate balance between growth and harvest or use of forest products in forest lands. 1. 147 . replace. 1. 13 As amended by Sec. unless he had been authorized to do so under a license agreement. license. or any activity therein. Lease. exploit. shall be allowed. water. 21. involving one or more of its resources. As amended by Sec. 19. No. further. or Permit. or establish. permit. lease or privilege granted under this decree for violation of any of the conditions therein such as those pertaining but not limited to reforestation. concession. That critical watersheds. pollution. 1559. which will produce the optimum benefits to the development and progress of the country and the public welfare. without impairment or with the least injury to its other resources. 20. Sustained Yield.D. add and operate any wood or forest products processing plant. land. possess or conduct any activity within any forest and grazing land. and game refuges.D. grass and recreation or aesthetic value of forest lands and grazing lands shall be evaluated and weighted before allowing their utilization. That when the national interest so requires. No. the President may. SEC. marine and seashore parks shall not be subject to hunting or fishing and other activities of commercial nature. pending the conduct of appropriate hearing.REVISED FORESTRY CODE Chapter III Utilization and Management Multiple Use. 11 June 1978. 11 June 1978. the President may amend. lease or permit: Provided. All forest reservations may be open to development or uses not inconsistent with the principal objectives of the reservation. That upon the recommendation of the appropriate government agency. 1559. to wit: _______________________ 11 12 As amended by Sec. 13 12 11 Timber Silvicultural and Harvesting System—In any logging operation in SEC.D. or the conduct of any activity therein. export limitation or such conditions as are prescribed by the Secretary of Environment and Natural Resources in daily issued regulations. 1. SEC. ize. occupation or possession thereof.—The numerous beneficial uses of the timber. Provided. concession. permit. environmental protection. occupation or possession of any forest lands and grazing lands. order the summary suspension of any such contract. P. P. bird sanctuaries. Only the utilization. P. A. 11 June 1978. 22. License. production forests within forest lands.—No person may utilSEC.

selective logging with enrichment or supplemental planting when necessary. 1. Cutting Cycle—The Bureau shall apply scientific cutting cycle and rotation in all forest lands. That subject to the approval of the Department Head. “On every stem. P. harvest or gather any timber. and seed trees and reproduction in pine area. For pine mangrove forest. giving particular consideration to the age.LAND a. any silvicultural and harvesting system that may be found suitable as a result of research may be adopted: Provided. Any violation of this provision shall be sufficient ground for the immediate cancellation of the license. on every leaf. or other products of logging unless he plants three times of the same variety for every tree cut or destroyed by such logging or removal of logs. 26. lease or permit. whose business it was to a program of progressive invendevour that particular part. 148 . upon recommendation of the Director. SEC.D. lease or permit shall be de_______________________ 14 As amended by Sec. 24. or any statistically sound timber estimate. and at the root of everything SEC. For dipterocarp forest. 25. tory—The Bureau shall conduct caterpillar.. further. Required Inventory Prior to Timber Utilization in Forest Lands—No harvest of timber in any forest land shall be allowed unless it has been the subject of at least a five percent (5%) timber inventory. volume and kind of healthy residual trees which may be left undisturbed and undamaged for future harvest and forest cover indipterocarp area. the seed tree system with planting when necessary. Provided. b. That no authorized person shall cut.. or other expert. license. agreement. made not earlier than five (5) years prior to the issuance of a license agreement or license allowing such utilization. 1559. lease or permit. until a one hundred percent (100%) timber inventory thereon has been achieved. or not. 23. No. license. was a professional specialist in the shape of grub. aphis. Timber Inventhat grew. 14 Annual Allowable Cut—The annual allowable cut or harvest of any SEC. particular forest land under a license agreement. pulpwood. whether covered by any license agreement. 11 June 1978.”—Oliver Wendell Holmes tories of the harvestable timber (Digital Vision) and young trees in all forest lands. SEC.

firewood and other forest products using as bases the factors as well as the updated aerial photographs and field inventories of such forest land: Provided. SEC.—The duration of the privilege to harvest timber in any particular forest land under a license agreement or license shall be fixed and determined in accordance with the annual allowable cut therein. In the public interest and in accordance with Section 21 hereof. existing annual allowable cut that not sufficiently supports wood or forest products processing expansion program or new processing plant or that will support duly approved processing projects may be allowed to continue without change: Provided. That pending the completion of such review and appropriate amendment of the annual allowable cut in existing license agreement. That no additional or adjustment in annual allowable cut shall be made until after such a review has been made. and gather any particular timber.REVISED FORESTRY CODE termined on the basis of the size of the area. softwood and hardwood timber cutting of which is not prohibited. No person shall cut. the volume and kind of harvestable timber or. firewood. license. further. 27. harvest. forest products and healthy residuals. the Department Head shall review all existing annual allowable cut and thereupon shall prescribe the level of annual allowable cut for the common dipterocarp timber. pulpwood. seed trees and reproduction found therein. Oshima) 149 . the established “The supernatural is the natural not yet understood. lease or permit. Duration of License Agreement or License to Harvest Timber in Forest Lands. and other forest products unless he has been authorized under Section 20 hereof to do so and the particular annual allowable cut thereof has been granted.” — Elbert Hubbard (N. and the established cutting cycle and rotation thereof. pulpwood.

and the capacity of healthy residuals for second growth. 30. considering the cutting cycle. The size of the forest lands which may be the subject of timber utilization shall be limited to that which a person may effectively utilize and develop for a period of fifty (50) years. SEC. 1. Wood Processing SEC. necessary to utilize all the remaining commercial quantity or harvestable timber either from the unlogged or logged-over area. their locations and operations shall be regulated in order to rationalize the whole industry. to prevent the introduction of pests. No. _______________________ 15 15 As amended by Sec. upon the recommendations of the National Economic Development Authority and the Department Head. Rationalization of the Wood or Forest Products Industry. expansion and integration of existing wood or forest products processing plants. Incentives to the Wood Industry. The maximum period of any privilege to harvest timber is twenty-five (25) years. as well as the establishment of new processing plants shall be encouraged. That logs imported for such centers shall be subject to such precaution as may be imposed by the Bureau. may establish wood industry import-export centers in selected locations: Provided. more importantly. and the requirements of processing plants existing or to be installed in the region. in collaboration with proper government agencies. reforestation and management thereof under the multiple use and sustained yield concepts. 150 . The President of the Philippines. the moment the harvestable timber has been utilized without leaving any logged-over area capable of commercial utilization. and for the processing locally of the timber resources therefrom. the past performance of the applicant and his capacity not only to utilize but.LAND cutting cycle thereof. It shall be a condition for the continued privilege to harvest timber under any license or license agreement that the licensee shall reforest all the areas which shall be determined by the Bureau.—While the SEC. 28. P. renewable for a period. not exceeding twenty-five (25) years. Forest concessions which have been the subject of consolidations shall be reviewed and re-evaluated for the effective implementation of protection. to protect and manage the whole area. the yield capacity of harvestable timber. 11 June 1978. insects and/or diseases detrimental to the forests. B. in collaboration with other government agencies and the wood industry associations and other private entities in the country. even before the expiration of the license agreement or license. shall evolve incentives for the establishment of an integrated wood industry in designated wood industry centers and/or economic area. 1559. Size of Forest Concessions—Forest lands shall not be held in perpetuity. 29. The privilege shall automatically terminate.—The Department Head.D.

D. lessees or permittees without processing plants shall jointly adopt any feasible scheme or schemes. licenses. or permit. 31. President. other than log supply contract. as a condition to the exercise of the privileges granted them under a license agreement. the export of lumber is prohibited by DENR A. and Residues—Timber licensees shall be encouraged and assisted to gather and save the wood wastes and weed trees in their concessions. Henceforth within one year from the date of this law. 11 June 1978. 17 The export of new logs has been prohibited since 6 May 1988. DAO-98-11 (attempted). and approved by the Department Head. tree farms or agro-forest farms whose annual allowable cut and/or whose harvest is deemed sufficient to meet the requirement of such processing plant shall govern. It was met with such public outcry that the President of the Philippines had to suspend its effectivity indefinitely. In 1998. Weed Trees. 2. A long-term assurance of raw material source from forest concessions and/or from industrial tree plantations. lease. upon recommendation of the Department Head. the grant of the privilege to establish. to be integrated. 865. That no license agreement. All processing plants existing. or phase out all inefficient. 29 December 1975 and further amended by Sec. 16 151 . suspend. Wood Wastes. and shall submit themselves to other regulations related to their operation. 17 16 Log Production and Processing —Unless otherwise directed by the SEC. for utilization and conversion into wood by-products and derivatives. 1976 be processed locally: Provided. Likewise. to lift the ban on the export of lumber. 17 March 1989. SEC. lease or permit. install additional capacity or operate a processing plant. by virtue of DAO 33-88 (1988). or to be established shall obtain operating permits.O. uneconomical. 1559. including processing plant permit. No. P. license. wood or forest products processors without forest concessions or areas that may be developed into industrial tree plantations. among others. the wood residues thereof. No. license. for the approval of the Department Head: Provided. to be expanded. shall be granted or renewed unless said scheme or schemes are submitted to. 19-89.REVISED FORESTRY CODE No expansion or integration of an existing processing plant nor establishment of a new processing plant shall be allowed unless environmental considerations are taken into account and adequate raw material supply on a sustained-yield basis is assured. 32. and/or approval from the Bureau or the Department. The Department Head may cancel. That the following conditions must be complied with by those who apply for them to be allowed to export a portion of their log production to be determined by the Department Head such that the total log export of these timber licensees shall not exceed twentyfive percent (25%) of the total national allowable cut: _______________________ Amended by P. tree farms or agro-forest farms and licensees. or perennially short in raw material wood or forest products processing plants which are not responsible to the rationalization program of the government. as the case may be. beginning January 1. attempt.D. wasteful. the entire production of logs by all timber licensees shall. and those with processing plants.

Timber licensees who have acquired viable processing machinery and equipment which will be installed and will become operational in accordance with the schedule approved by the Department Head. and/or Afforested. upon recommendation of the Department Head. 33. which need to be developed to increase their productivity. Timber licensees with processing projects duly approved by the Department Head or 3.—Lands to be reforested and/or afforested are as follows: 18 1. C. P. All timber licensees who have no processing plant and who have no plan to establish the same shall. _______________________ 18 As amended by Sec.D. 3. until we have only one: to fight for survival. Udall (A. Open tracts of forest lands interspersed with patches of forest. Provided. That the President may. b. Timber licensees whose log export support is in line with governmentapproved trade agreement: Provided. Public forest lands a. Oposa) Lands to Be Reforested SEC.”— Morris K. that no person shall be given a permit to export if he has not complied with the requirements on replanting and reforestation. c. further. 152 . adopt a scheme or schemes for the processing of the log production in accordance with Section 30 hereof. cancel log exportation or reduce the maximum allowable proportion for log exports. No. jointly with wood processors. Bare or grass-covered tracts of forest lands. Reforestation “The more we exploit nature. and 4. 1559. Brushlands or tracts of forest lands generally covered with brush. The more our options are reduced. 11 June 1978. Timber licensees with existing viable processing plants or 2.LAND 1. whenever the export price of logs falls to unreasonably low level or whenever public interest so requires.

That the size of the area that may be granted under each category shall. or agro-forestry farm belong to the lessee who shall have the right to sell. 1559. f. easements. 153 . Inadequately stocked forest lands within forest concessions. Industrial Tree Plantations. No. bird sanctuaries. may be the subject of a lease under this section. P. among others. P. depend upon the capability of the lessee to develop or convert the area into productive condition within the term of the lease. taking into account. g. 21 As amended by Sec.3. As amended by Sec. the priority to establish industrial a tree plantation. and beaches. 1559. and Agro-Forestry Farms. s. convey. national historic sites. game refuge. road rights-of-way. 1153 was repealed by E. 1987. are found to be more suitable for. 953 and 1153 and other existing laws. Private Lands a. in each case. 287. former river beds. national parks. tree farm. Portions of private lands required to be reforested or planted to trees 19 pursuant to Presidential Decree Nos. upon recommendation of the Director. Priority. swamps. 11 June 1978. A lease for a period of fifty (50) years for the establishment of an industrial tree plantation. tree farms or agro-forestry farms. or can better be developed as industrial tree plantations. tree farm or agro-forestry farm. ment or permit. tree farm. e. rules and regulations.O. in terms of benefits to the Government and the general surrounding area. Reforestation projects of the government. in accordance with existing laws. which.D. may be granted by the Department Head. No. Denuded or inadequately timbered areas proclaimed by the President as forest reserves and reservations as critical watersheds. contract. 34. deltas. Portions of areas covered by pasture leases or permits needing immediate reforestation.D.D. upon field evaluation. 11 June 1978. No. or portions thereof.REVISED FORESTRY CODE d. over timber or forest lands of the public domain categorized in Section 33 (1) hereof except those under paragraphs (d) and (g) with a minimum area of one hundred (100) hectares for industrial tree plantations and agro-forestry farms and ten (10) hectares for tree farms: Provided. 35. the raw material needs of forest based and other industries and the maintenance of a wholesome ecological balance. or dispose of said planted trees and other products in any manner he sees fit. 3. national shrines. Tree Farms. The lease may be granted under such terms and conditions as the Department Head may prescribe. to any person qualified to develop and exploit natural resources. Trees and other products raised within the industrial tree plantation. River banks.— SEC. or agro_______________________ 19 20 20 21 P. 2.—Over any suitable area covered by a timber license agreeSEC.

11 June 1978. substantially meets the schedule of development of the industrial tree plantation. well as exemption from all forms of sales tax. the provisions of the National Internal Revenue Code on withholding of tax at source upon interest paid on borrowings incurred for development and operation of the industrial tree plantation. as prescribed in the development plan submitted to and approved by the Ministry Head. Payment of a nominal filing fee of fifty centavos (P0. the following incentives are granted: a. The forest charges payable by a lessee on the timber and other forest products grown and cut or gathered in an industrial tree plantation. and from the real property tax George Pope Morris under the provisions of Presidential Decree No. and thereafter. as certified by the director and approved by the department head. or agro-forestry farm shall only be twenty-five percent (25%) of the regular forest charges prescribed in 23 the National Internal Revenue Code. b.50) per hectare. e. whether in their original state or not. No rental shall be collected during the first five (5) years from the date of the lease. tree farm. tree farm. no rental shall be collected from a lessee who. or agro-forestry farm.LAND forestry farm shall be given to the holder thereof after the Bureau has determined the suitability of such and has set aside the same for the purpose. P. as In youth it sheltered me. 68-77 of this revised Forestry Code. as the case may be. 154 . 3.50) per hectare. 1559. the annual rental shall be Fifty Centavos (P0. the annual rental shall be Fifty Centavos (P0. be availed of within a reasonable period otherwise the area shall be declared open to any qualified person and consequently segregated from the licensee’s or permittee’s area. 36. bartered or exchanged by Touch not a single bough! the lessee. however. and municipal taxes. municipalities or cities and provinces.00) per hectare: Provided.—To encourage qualified persons to engage in industrial SEC. shall be exempted from the payment of rental for the full term of the lease which shall not exceed twenty-five (25) years. the tree farm. for the first five (5) years following the renewal of the lease. or arising out of. Exemption from the payment of the percentage tax levied in Title V of the National Internal Revenue Code when the timber and Woodman spare that tree! forest products are sold. and thereafter. d. A lessee shall not be subject to any obligation prescribed in. the annual rental shall be One Peso (P1. upon verification by the Bureau. the annual rental shall be One Peso (P1. The priority herein granted must. 853. tree farm.D. Priority shall also be given to the establishment of communal industrial tree plantations by barangays. and/or agro-forest farm. from the sixth year to the tenth year. local And I’ll protect it now. See Secs.00) per hectare: Provided. That lessees of areas long denuded. c. That notwithstanding the foregoing. tree plantation. Incentives. or agro-forestry farm.50) per hectare. No. further. upon recommendation of the director. _______________________ 22 23 22 As amended by Sec.

notwithstanding its nationality requirement on projects involving natural resources. and paperboard shall be imported if the same are available in required quantities and reasonable prices. wood products. The lessee and its field employees and workers shall be exempted from the pro25 visions of Presidential Decree No. whenever possible.1153. or agro-forestry farm prior to the time when the production state is reached. tree farms. tree farm.P. Except when public interest demands. paper. 701. g. or agro-forestry farm lease. tree farms or agro-forestry farms in accordance with Section 30 hereof. No wood. and agro-forestry farms as pioneer areas of investment under its annual priority plan. or utilizing. P. from artificial or manmade forests.D. 1153 was repealed by B. to be governed by the rules and regulations of said Board.REVISED FORESTRY CODE f. No processing plant of whatever nature or type. The Board of Investments shall. k. as may be certified by the Department Head. 701. and operated without a long-term assurance of raw material source from forest concessions and/or from industrial tree plantations. In addition to the incentives under this Section. That the transport of trees cut shall be accompanied by the 24 corresponding certificate of origin duly issued by the authorized forest officer. Government institutions administering or financing programs and projects requiring wood materials shall specify the purchase of.P. No. tree farm. may. Amounts expended by a lessee in the development and operation of an industrial tree plantation. tree farms. h. and agro-forestry farms shall be given priority in securing credit assistance from the government and governmentsupported financing institutions which shall set aside adequate funds for lending to the lessee and/or investor at reasonable interest rates. the boundaries of an area covered by an industrial tree plantation. or utilize. _______________________ 24 25 As added by B. private landowners who engage in tree farming on areas fifty hectares or below by planting their lands with ipil-ipil and other fast growing trees shall be exempt from the inventory requirement and other requirements before harvest as provided in this Decree for lessees of forest lands of the public domain: Provided. at the option of the lessee. i. be regarded as ordinary and necessary business expenses or as capital expenditures. m. tree farms. or agro-forestry farms. Blg. expanded or integrated. 5 April 1984. Approved industrial tree plantations. manufactured products derived from trees grown and harvested from industrial tree plantations. classify industrial tree plantations. made of. once established on the ground. shall not be altered or modified. l. wood as primary materials shall be allowed to be established. 5 April 1984. or local processing plants manufacturing the same. 155 . Blg. or wood-derivated products including pulp. j.

That the Department Head may at any time review the exportation of timber harvested from the plantations/farms and either reduce or totally suspend the export of such plantation timber whenever public interest so requires. but not limited to. unlawful occupation. D. 37. those where there are no roads or where roads are inadequate. Timber grown and harvested from industrial tree plantations. Satires (G. Forest Protection SEC. “Never does nature say one thing and wisdom another. Free technical advice from government foresters and farm technicians. Control of Concession Area—In order to achieve the effective protection of the forest lands and the resources thereof from illegal entry. theft.LAND n. and if the exporter is the same person or firm qualified and allowed to export logs under the provisions of this Decree. kaingin.—All measures shall be taken to protect the forest resources from destruction. insect infestation. Provided. and o. Protection of All Resources. SEC. fire. finally. the utilization of timber therein shall not be allowed except through license agreements under 156 . That the rentals on the forest land and the forest charges on the plantation timber shall have been paid: Provided. That the export of the plantation timber shall be covered by a certificate to export issued by the Department Head on a yearly basis. or areas with rough topography and remote areas far from processing plants. 38. tree farms and agro-forestry farms in special areas such as.” — Juvenal. and depletion. further. and other forms of forest destruction. such timber from plantations/farms may be exported exclusive of the quantity or volume authorized under Section 32 hereof: Provided. tree and agroforestry farms may be exported without restriction in quantity or volume. Tapan) The Department Head may provide other incentives in addition to those hereinabove granted to promote industrial tree plantations. impairment.

No harvest of standing or felled timber in alienable and disposable lands. civil reservations. SEC. 40. to the exclusive of all others. private lands. Regulation of Timber Utilization in All Other Classes of Lands and of Wood-Processing Plants.REVISED FORESTRY CODE which the holders thereof shall have the exclusive privilege to cut all the allowable harvestable timber in their respective concessions. 157 . a license may be issued to another person for the harvest thereof without any right of possession or occupation over the areas where they are found. but he shall. or permit. and all lands containing standing or felled timber must be subscribed and sworn to by all the forest officers who conducted the same. possession. and control over the same. If the holder of a license agreement over a forest area expressly or impliedly waives the privilege to utilize any softwood. private lands. likewise. but with the corresponding obligation to adopt all the protection and conservation measures to ensure the continuity of the productive condition of said areas. including those under the jurisdiction of other government agencies. and all other lands. lease. alienable and disposable lands. hardwood or mangrove species therein. Timber Inventory in Other Lands Containing Standing or Felled Timber. civil reservation. and the additional right of occupation. Participation in the Development of Alienable and Disposable Lands and Civil Reservations—The privilege to harvest timber in alienable and disposable lands and civil reservations shall be given to those who can best help in the delineation and development of such areas in accordance with the management plan of the appropriate government exercising jurisdiction over the same. conformably with multiple use and sustained yield management. shall be allowed unless a one hundred percent (100%) timber inventory has been conducted thereon. The extent of participation shall be based on the amount of timber which may be harvested therefrom. civil reservations. 42. and shall not therefore be allowed except through a license agreement. and all lands containing standing or felled timber. adopt protection and conservation measures consistent with those adopted by the license agreement holder in the said areas.—The Bureau shall conduct a one hundred percent (100%) timber inventory in alienable and disposable lands and civil reservations immediately upon classification or reservation thereof. license. except the government.—The utilization of timber in alienable and disposable lands. shall be regulated in order to prevent them from being used as shelters for excessive and unauthorized harvests in forest lands. Sworn Timber Inventory Reports. private lands. 41. SEC. and the establishment and operation of sawmills and other wood-processing plants. including those under the jurisdiction of other government agencies.—All reports on timber inventories of forest lands. SEC. 39. SEC.

fish. 46. license. forest officers or other government officials or employees duly authorized by the Department Head or Director shall have free entry into areas covered by a license agreement. 43. Mining Operations. exploration. Forest officers are authorized to administer oath and take acknowledgment in official matters connected with the functions of their office. inspect and examine records. animal life and other surface resources. lease. policies.—When in the performance of their official duties. SEC. No location. and even coastal communities from the destructive force of the sea during high winds and typhoons. 44. the Bureau shall establish control or scaling stations at suitably located outlets of timber and other forest products to insure that they were legally cut or harvested. books and other documents relating to the operation of any holder of a license agreement. development and utilization of other surface resources. exploration. 158 . or permit. or which have been abandoned for five (5) years from the date of such release shall revert to the category of forest land. rules and regulations. 47.—Strips of mangrove forest bordering numerous islands which protect the shoreline. Swamplands and Mangrove Forests. or exploitation of mineral resources inside forest concessions shall be allowed unless proper notice has been served upon the licensees thereof and the prior approval of the Director. and to take testimony in official investigations conducted under the authority of this Code and the implementing rules and regulations. utilization. Scaling Stations.LAND SEC. Such strips must be kept free from artificial obstruction so that flood water will flow unimpeded to the sea to avoid flooding or inundation of cultivated areas in the upstream. SEC. All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation. SEC. or permit. to determine compliance with the terms and conditions thereof. Visitorial Power. secured. by himself or through the Director or any qualified person duly designated by the Department Head. Mine tailings and other pollutants affecting the health and safety of the people. utilization or exploitation of mineral resources in forest reservations shall be governed by mining laws. Authority of Forest Officers. water. rules and regulations. license.—The Department Head may. and its subsidiary or affiliated companies. the shoreline roads. prospecting. this Code and pertinent laws. Location. 45. Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond purposes which are not utilized. prospecting. SEC. shall be filtered in silt traps or other filtration devices and only clean exhausts and liquids shall be released therefrom. investigate. lease.—Mining operations in forest lands shall be regulated and conducted with due regard to protection. shall be maintained and shall not be alienated.—In collaboration with appropriate government agencies. vegetation.

without the approval of the government agencies having administrative jurisdiction over the same. SEC. leases and permits shall not undertake road or infrastructure construction or installation in forest lands without the prior approval of the Director. 159 . and of the use of these roads by other parties and the collection of such fees as may be deemed necessary. standards. holders of license agreements. All roads and infrastructure constructed by holders of license agreements. SEC. shall coordinate with the Bureau. 48. Prior thereto the Bureau may authorize the public use thereof. Where roads are utilized by more than one commercial forest user. the Bureau shall prescribe the terms and conditions of joint use including the equitable sharing of construction and/or maintenance costs. and permits belong to the State and the use and administration thereof shall be transferred to the government immediately upon the expiration or termination thereof. the requirement to save as many healthy residuals as possible during cutting and hauling operations. Roads and Other Infrastructure. Mineral Reservations. Their construction must not only serve the transportation need of the logger but. In order to coincide and conform to government plans. licenses.REVISED FORESTRY CODE Surface-mined areas shall be restored to as near its former natural configuration or as approved by the Director prior to its abandonment by the mining concern. Government agencies undertaking the construction of roads. leases. bridges. and erosion.—Roads and other infrastructure in forest lands shall be constructed with the least impairment to the resource values thereof. unless otherwise reserved for other purposes. or in alienable and disposable lands.—Mineral reservations which are not the subject of mining operations or where mining operations have been suspended for more than five (5) years shall be placed under forest management by the Bureau. They shall likewise extend assistance in the planning and establishment of roads. in order to adopt measures to avoid or reduce damage or injury to the forest resource values. Logging Roads. and other infrastructure and installations inside forest lands. programs. especially if it will involve the utilization or destruction of timber and/or other forest resources. licenses. Such roads shall be strategically located and their widths regulated so as to minimize clear-cutting. and specifications. or watershed disturbance therein. civil reservations and other government lands. if it will not be detrimental to forest conservation measures. most importantly. communications. 49. unnecessary damage or injury to healthy residuals.—There shall be no indiscriminate construction of logging roads. port facilities. SEC. 50. piers. wharves. and other infrastructure in locations designated as woodprocessing centers or for the convenience of wood-based industries. Mineral reservations where mining operations have been terminated due to the exhaustion of its minerals shall revert to the category of forest land.

shall be conducted. 52. Cultural Minorities. A complete census of kaingineros. and other occupants and residents in forest lands with or without authority or permits from the government. Census of Kaingineros. reduction in water yield. erosion. cultural minorities. Squatters. “To me a lush carpet of pine needles or spongy grass is more welcome than the most luxurious Persian rug. or impairment of forest resources. showing the extent of their respective occupation and resulting damage. and Other Occupants and Residents in Forest Lands. Management of Occupancy in Forest Lands. Velas) SEC.—Forest occupancy shall henceforth be managed. The Bureau shall study. 160 . occupation shall be conditioned upon the planting of desirable trees thereon and/or adoption of other conservation measures.LAND SEC. 51. Occupants shall undertake measures to prevent and protect forest resources. In areas above 50 percent in slope. Any occupancy in forest land which will result in sedimentation. and impairment of other resources to the detriment of community and public interest shall not be allowed.—Henceforth.” — Helen Keller (M. squatters. determine and define which lands may be the subject of occupancy and prescribed therein. no person shall enter into forest lands and cultivate the same without lease or permit. an agro-forestry development program.

—All measures shall be adopted to conserve wildlife. SEC. the same shall be supplemented with trees or such vegetative cover as may be deemed necessary. and other forest resources. 1975. license. The construction and operation of necessary facilities to accommodate outdoor recreation shall be done by the Bureau with the use of funds derived from rentals and fees for the operation and use of recreational facilities by private persons or operators. 161 . in the preparation of multiple-use management plans. Criminal Prosecution.—No forest land 50 percent in slope or over may be utilized for pasture purposes. renewable upon the expiration thereof for a similar period. or held under permit.D. lease. 53. 1559. cultural minorities SEC. shall not be prosecuted: Provided. squatters. 11 June 1978. lumber yards. finally. Forest lands which are being utilized for pasture shall be maintained with sufficient grass cover to protect soil. 57. Other Special Uses of Forest Lands.REVISED FORESTRY CODE The Bureau may call upon other agencies of the government and holders of license agreement. 55. If grass cover is insufficient.—Forest lands may be leased for a period not exceeding twenty-five (25) years. 3. 1559. cultural minorities and other occupants shall whenever the best land use of the area so demands as determined by the Director.—Kaingineros. Special Uses 26 SEC. _______________________ 26 27 27 As amended by Sec. any provision of law to the contrary notwithstanding. water. rector shall regulate the hunting of wildlife in forest lands in order to maintain an ecological balance of flora and fauna. As amended by Sec. That they undertake. and plan for the development and protection of such areas to attract visitors thereto and meet increasing demands therefore. No.D. Recreation. That they do not increase their clearings: Provided. That kaingineros. Provided. The size of forest lands that may be allowed for pasture and other special uses shall be determined by rules and regulations. and permit over forest lands to participate in the census. without permit or authority. for the establishment of sawmills. and other occupants who entered into forest lands and grazing lands before May 19. E. in addition to whatever funds may be appropriated for such purposes. 56. P. The DiSEC. identify and provide for the protection of scenic areas in all forest lands which are potentially valuable for recreation and tourism. squatters. 11 June 1978. SEC. be ejected and relocated to the nearest accessible government resettlement area. 54. 3. further. within two (2) months from notice thereof. the activities to be imposed upon them by the Bureau in accordance with management plan calculated to conserve and protect forest resources in the area. Wildlife. Pasture in Forest Lands.—The Bureau shall. No. P.

lessee. license. Diffusion of Benefits. increased Filipino equity and participation beyond the 60 percent (60%) constitutional limitation shall be encouraged. 61. 3. F. shall be diffused to as many qualified and deserving applicants as possible. the applicant with more Filipino equity and participation shall be preferred. license. and development measures to ensure the perpetuation of said forest in productive condition. SEC. and you tion. sell. salt works. lease. or permittee may transfer. or other beneficial purposes which do not in any way impair the forest resources therein. SEC. no licensee. conser(M. Financial and Technical Capability. or any of his rights or interests therein. or to establish and operate wood-processing plants.. 1559. the transferee has all the _______________________ 28 28 As amended by Sec. SEC. lease or permit only if the license.—No license agreement. P. lessee or permittee has not violated any forestry law. or to conduct any activity therein. or convey his license agreement. 162 . or for the construction of sanatoria. 60. lease or permit. bathing establishments. Transfers. logging camps.LAND timber depots. Qualifications SEC. license.—Unless authorized by the department head. lease or permit. No. All other factors being equal. 11 June 1978. camps. or any of his assets used in connection therewith. rights-of-way. or permittee shall be allowed to transfer or convey his license agreement. exploit. lease or permit has been in existence for at least three (3) years.—In the evaluation of applications of corporations. but also to practice must treat it as such. exchange. Velas) vation. occupy. or possess forest lands. lessee. or permit over forest lands shall be issued to an applicant unless he proves satisfactorily that he has the financial resources and technical capability not only to maximize utiliza“Behold this and always love it! It is very sacred.—The privilege to utilize. 58. The licensee. 59. rule or regulation and has been faithfully complying with the terms and conditions of the license agreement.. the licensee.D. Citizenship. license.”— Sioux Indian forest protection.

exploitation or utilization of the forest resources. No corporation shall be issued any license agreement. rental. Charges. development. formulate and submit to the Department Head for approval a plan for the sale of at least ten percent (10%) of its subscribed capital stock in favor of employees. The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of this section. or permittees to enter into service contracts for financial. The plan shall be so implemented that the sale of the shares of stocks shall be effected by the corporation not later than the sixth year of its operation. 63. lease or permit after the effectivity of his amendatory Decree. particularly on the determination of the manner of payment. and the general public.—The Department Head. there is no evidence that such transfer or conveyance is being made for purposes of speculation. lessees. shall within one (1) year after the effectivity of this amendatory Decree. factors affecting the selling price. exploitation. cense. tree farms and agro-forestry farms. lease or permit. 62. and Bonds. or establish and operate a wood-processing plant. upon recommendation of the Director. 1559. 11 June 1978. laborers. management or other forms of assistance are hereby recognized as such. licenses. 64. 163 .—Every corporation holding a license agreement. possession. or the first year of effectivity of the amendatory Decree. SEC. covered by their license agreements. with any foreign person or entity for the exploration. and fees for the different kinds of utilization. 3. shall fix the amount of charges. and planted trees and other products raised in industrial tree plantations. No. unless it submits such a plan and the same is approved for implementation within the sixth year of its operation. in consideration of a fee. Service Contracts. As used in this section. and the transferee shall assume all the obligations of the transferor. or conduct any activity therein. Fees. bonds. allow forest products licensees. leases or permits. occupy. license. establishment of priorities in the purchase of the shares of stock. if the corporation has been in operation for more that five (5) years prior to such effectivity. or permit to utilize. or activity inside forest _______________________ 29 29 As amended by Sec. exploit. Equity Sharing. The industries concerned shall extend all assistance in the promulgation of policies on the matter. Regulatory Fees SEC.REVISED FORESTRY CODE qualifications and none of the disqualifications to hold a license agreement. G. and the preparation of a fund to ensure the financial capability of the deserving employees and laborers.—The Department Head. management. Existing valid and binding service contracts for financial. lease. or other forms of assistance. liSEC. P. the term assets shall not include cattle and other livestocks or animals raised in grazing lands and forest lands. such as the submission of all data and information relative to their operation. may in the national interest.D. personnel management and asset evaluation. license. occupation. technical. technical. or possess any forest land.

30 164 . management. reforestation. Provided.—The collection of the charges and fees above-mentioned shall be the responsibility of the Director or his authorized representative. the Department Head is hereby authorized.—In addition to the fees and charges imposed under existing laws. leases and permits. 67. That all fees and charges presently being collected under existing laws and regulations shall continue to be imposed and collected until otherwise provided: Provided. withdrawals therefrom shall be effected by the Department Head on the basis of a consolidated annual budget prepared by the Director of a work program for the specific purposes mentioned in Section 65. SEC. The Director shall remit his monthly collection of fees and charges mentioned in Section 64 to the Treasurer of the Philippines within the first ten (10) days of the succeeding month: Provided. the filing and processing of applications therefore. That until such time as the mechanics of tree measurement shall have been developed and promulgated in rules and regulations. as a special deposit of the Bureau. Collection and Disbursement. That the proceeds of the collection of the fees imposed under Section 65 and the special deposit heretofore required of licensees shall be constituted into a revolving fund for such purposes and be deposited in the Philippine National Bank.LAND lands. with the approval of the Department Head. prescribe a new method of assessment of forest products and collection of charges thereon based upon the result of production cost and market studies undertaken by the Bureau. to impose other fees for forest protection. upon recommendation of the Director and in consultation with representatives of the industries affected. Authority of Department Head to Impose Other Fees. The Director may. 66. Series of 1993). rules and regulations. and for other services: Provided. and development. the present scaling method provided for in the National Internal Revenue Code shall be used. and civil reservations. The Budget Commissioner and the National Treasurer shall effect the quarterly releases out of the collection accruing to the general fund upon request of the Director on the basis of a consolidated annual budget of a work program approved by the Department Head and the President. Provided. Basis of Assessment. licenses. 18. Prescribing the Revised Schedule of Forestry Administrative Fees (DAO No.—Tree measurement shall be the basis for assessing government charges and other fees on timber cut and removed from forest lands. SEC. In the case of the special deposit revolving fund. alienable or disposable lands. 65. SEC. _______________________ Reforestation Bond. That such charges shall not be lower than those now imposed. That timber taken and removed from private lands for commercial purposes shall be exempt from the payment of forest charges. the issuance and renewal of license agreements. further. the proceeds of which shall accrue into a special deposit of the Bureau as its revolving fund for the aforementioned 30 purposes.

68. or the average of the diameters at both ends thereof shall be used as basis. the diameter of the middle of said log. as amended. all timber shall be measured and manifested in the round or squared. blue. but if the end of a log is irregular. No. but from any decision of the Director of Forest Development in this _______________________ 31 31 33 Renumbered by Sec. Reference should be to Sections 270. or other natural defects. Cayton) allowance for rot. 1. 271. 7161. sunny deep! His salt breath brings a blessing along with it. uring Timber. the Director of Forest Development shall make due (T. No. (Section 2 creating subsection H of P. 1. R. R.P.A. 17 September 1980. The volume of all round timber shall be ascertained by multiplying the area of the small and by the length of the log. 69. The diameter of the log to be measured exclusive of the bark. Charges on Forest Products Measuring of Forest Products and Invoicing and Collection of SEC. cut under license.—Except as hereinbelow provided. If a log in “How gladly does the spirit leap forth. 7161. 7161 incorporating certain sections of the NIR Code of 1977.D.A. is enlarge its sense of being to the full extent of the measured and manifested by forest broad. No. 33 Renumbered by Sec. and suddenly the round. as amended by B. 10 October 1991.”— Nathaniel Hawthorne officers. 705). 32 Now Department of Environment and Natural Resources. No. the average diameter shall be used. there appears to be an error in R. 165 . cavities. 10 October 1991. Blg. Section 1 referring to revisions of Sections 230 to 238 of the National Internal Revenue Code. Charges Thereon. 83.A. However. The invoicing and collection of the charges thereon shall be done by the Bureau of Internal Revenue under regulations approved by the Minister of Finance (now Department of Finance).A. R.REVISED FORESTRY CODE H. and in order to ascertain the volume of a log more than eight meters long.—The duties incident to the measuring of forest products shall be discharged by the Bureau of Forest Development under regulations of the Ministry of 32 Natural Resources. before being sawn or manufactured. 7161. Mode of MeasSEC.

whether belonging to the first. ten pesos (P10. The manifest of timber cut by licensees operating sawmills in or near the forest shall be attested by forest officers whenever practicable. when used as raw materials for the manufacture of finished products. the Director of Forest Development shall make due allowance for rot. and bamboo which shall be charged at ten percent (10%) of the actual FOB market price. 7161. Charges on Timber Cut in Forest Land.A. or fourth group. first and second-group woods may be removed for firewood purposes from land which is more valuable for agricultural than for forest purposes.00). an appeal shall lie to his Ministry Head. an appeal shall lie to his Department Head. As amended by Sec. as amended (formerly Sec. charges on each cubic meter of timber cut in forest land. and Other Recoverable Wood Wastes SEC. the corresponding forest charges shall be assessed on twice the volume of the actual contents of such sawn or manufactured timber.—All other forest products of forSEC. 36 Sec. but from any decision of the Director of Forest Development in this respect. however. However. be granted only to licensees who have squared their logs in the forests with the ax and intend to take it to the market in this form. 7161. twenty-five percent (25%) of the actual FOB market price based on species and grading: Provided. forest charges on each cubic meter shall be ten percent (10%) of the actual FOB market price. of Timber. however. cavities. R. R. 10 October 1991. 35 34 166 . 73 of P. That if squared timber cut under license is measured and manifested by forest officers. shall be added for loss in squaring: Provided. est land which are not covered by the preceding section shall be exempt from almaciga resin.D. 235 of the NIRC). 3. whose decision shall be final.—There shall be collected SEC. 4. 10 October 1991. 71. R. second.—Except for all mangrove species whose cutting shall be banned. there shall be collected forest charges on each cubic meter of firewood cut in forest land.LAND respect. however. 705. Branches. Charges on Firewood. and Agriculture. third. further amended by Sec. 5. No. tops. The privilege of manifesting timber after squaring shall.A. whose decision shall be final.A. if jointly authorized by the Secretaries of both the Departments of Environment and Natural Resources. 10 October 1991. to which forty percent. 72. That in the case of pulpwood and matchwood cut in forest land. No. 70. and stumps. No. or other natural defects. Only third or fourth-group wood can be taken for firewood. such as timber ends. If sawn or otherwise manufactured timber is found which has not been manifested in accordance with the provisions hereof. The volume of squared timber shall be ascertained by multiplying the average of the cross section measured by the length. _______________________ 36 35 34 As amended by Sec. Charges on Minor Forest Products. No. 7161. branches and other recoverable wood wastes of timber.

and 72 hereof shall be effective upon approval of this Act. and other forest products of forest lands which are not hereinabove provided for. and Other Forest Products. 10 October 1991. That planted trees and other forest products harvested from industrial tree plantations and private lands covered by existing tiller or by approved land application are exempted from payment of forest charges. 167 . 17 September 1980. That he shall cause the creation of a committee to be composed of representatives of the Department of Environment and Natural Resources. alienable and disposable lands and private lands.A. species and grade of timber. determined in the manner indicated below. as amended by B. 83. the National Economic and Development Authority.—No charges shall be collected on forest products removed in conformity _______________________ 37 38 37 38 39 New section introduced by Sec. Tax Exemptions of Forest Products Lawfully Removed under GratuiSEC.—The rates of forest charges provided for in Sections 70. 17 September 1980. to be approved by their respective Ministry Heads. and posted in a conspicuous place in the municipal building of a municipality concerned. The actual FOB market price of forest products shall be justly determined once a year by the Secretary of Environment and Natural Resources: Provided.P. R.REVISED FORESTRY CODE Effectivity and Application of Forest Charges and Determination of SEC. The new rates shall be published in the Official Gazette or in two (2) newspapers of national circulation and shall also be posted in conspicuous places in the different Department of Environment and Natural Resources field offices. 6. the Bureau of Internal Revenue and the wood and furniture industry and consumers sectors which shall formulate the criteria and/or guidelines in the determination of the actual FOB market price to be used as the basis for the assessment of the ad valorem tax. in two daily newspapers of national circulation. contingencies and miscellaneous cost). Sec.P. tariff duties. the Department of Trade and Industry. The market value of the various forest products on which forest charges may thus be collected shall be determined from time to time by a joint assessment of the Commissioner and the Director of Forest Development. Charges on Gums. resins. No. 8. 71. taxes. there is herein imposed upon the person removing such forest product a charge of ten percent (10%) of the actual market value thereof. the same to be published for the information of public in the Official Gazette. taking into consideration production cost (developing cost. Resins. Market Price of Forest Products. government share. Blg. Blg. tous License. 74.—On gums. 83. 7161. 39 As amended by B. risk involved and a reasonable margin of profit for domestic and export market prices for wood and wood products. SEC. These forest charges shall be applied to naturally growing timber and forest products gathered within public forest lands. reforestation. rattan. 73. Forest charges collected shall be in lieu of the administrative charge on environment and other fees and charges imposed thereon: Provided. 75.

No. and if such officers are aliens. rules and regulations. removed. 277. 10 October 1991.LAND with the terms of a gratuitous license of the Bureau of Forest Development and in compliance with the law and the regulations of such Bureau. Gathering.—Any person who shall cut.A. be deported without further proceedings on the part of the Commission on Immigration and Deportation. collect. post. implements and tools illegally used in the area where the timber or forest products are found. 77-A. or possessed as well as the machinery. Guidelines for the disposition of confiscated logs. 277. Blg.R. (Summarize gist of proceedings) 41 40 168 . 83. 7. 17 September 1980. and Memo Order No. No. associations. or corporations. Guidelines in the confiscation. CA (G. 42 New section introduced by Sec. 43 The Supreme Court has clarified in Paat v. 1987. The Court shall further order the confiscation in favor of the government of the timber or any forest products cut. 2. 7161. 54 (1993).O. Chapter IV Criminal Offenses and Penalties Cutting. gather. gathering.O. shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided. under a Tree Farm Lease. 162. and all conveyances used either by land. collection or possession shall be liable. ucts Without License. lumber. forfeiture and disposition of conveyances used in the commission of offenses. gathered. renumbered under Sec. regulations or policies on the matter. _______________________ 42 41 40 As amended by B. in addition to the penalty. or from private land. they shall. water or air in the commission of the offense and to dispose of the same in accordance with per43 tinent laws. or possess timber or other forest products without the legal documents as required under existing forest laws and regulations. the officers who ordered the cutting. No. 77. gathered. 76.—In all cases of violations of this Code or other forest laws.D. remove timber or other forest products from any forest land. and other forest products. removed or possessed or abandoned. 10 January 1997) that an action for replevin will not lie against conveyance pending administrative confiscation proceedings. No. As amended by P. Order No. 59 (1990) and Adm. the Department Head or his duly authorized representative. That in the case of partnerships. Order No. thorized Representative to Order Confiscation. No. 11 June 1978 and E. equipment. E. may order the confiscation of any forest products illegally cut. Tax Exemption of Trees and Products Removed from Public Lands SEC. R.P. and/or Collecting Timber or Other Forest ProdSEC. Administrative Authority of the Department Head or His Duly AuSEC. See DENR Adm.—No charges shall be collected on trees and products removed from public lands planted to ipil-ipil and/or falcata under a tree farm lease with the government. without any authority. 111107. collected. 25 July 1987. or timber from alienable or disposable public land. s. 1559.

2. or in any manner destroys such forest land or grazing land or part thereof. 11 June 1978.—Any person who enters and occupies or possesses. 10 October 1991. P. pursuant to the provisions (Digital Vision) of Section 53 hereof shall. or refuses to “You will find something far greater in the woods than you will find in books. No.O. 1559.A.00). 7. 78. 277. R. any forest land or grazing land without authority under a license agreement. or who assists. lease. That the maximum of penalty prescribed herein shall be imposed upon the of_______________________ 44 New section introduced by Sec. 45 As amended by Sec. aids or abets any other person to do so. No. mation leading to the apprehension and conviction of any offender for any violation of this Code or other forest laws. without prejudice to the payment of the full cost of production of the occupied area as determined by the Bureau: Provided. cupation or Destruction of Forest Lands and Grazing Lands. R. 7161. rules and regulations. and be liable to the payment to ten (10) times the rental fees and other charges which would have accrued had the occupation and use of the land been authorized under a license agreement. be fined in an amount of not less than Five Hundred Pesos (P500. No. further. 7. the penalty shall be imprisonment for not less than two (2) nor more than four (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed.00) and imprisoned for not less than six (6) months nor more than two (2) years for each such offense. s. That in the case of an offender found guilty of making kaingin. Stones and trees will teach you that which vacate the area when ordered to you will never learn from masters. Bernard do so.REVISED FORESTRY CODE Rewards to Informants.—Any person who shall provide any inforSEC.A. renumbered under Sec.D. lease. of 1987. license or permit: Provided. or negligently permits a fire to be set in any forest land or grazing land. 7161. 44 169 . 10 October 1991. 45 Unlawful OcSEC. or makes kaingin for his own private use or for others. license or permit. 3. or causes any damage to the timber stand and other products and forest growth found therein. E. renumbered under sec. or sets a fire. nor more than Twenty Thousand Pesos (P20. upon conviction. No. 77-B. or confiscation of forest products shall be given a reward in the amount of twenty percent (20%) of the proceeds of the confiscated forest products.000.”—St.

10 October 1991. occupy for any length of time any portion of the national parks system or shall. in addition to the confiscation of such livestock and all improvements introduced in the area in favor of the government. destroy. 7161. 7.A. If not suitable for use by the Bureau. R. Provided. 11 June 1978. No. 79. shall. who shall. in addition to the above penalties be deemed automatically dismissed from office and permanently disqualified form holding any elective or appointive position. 1559. As amended by Sec. said vehicles. 3. _______________________ 47 “The real mystery of life is not a problem to be solved. 47 46 170 . and Vandalism Therein. In all cases the Court shall further order the eviction of the offender from the land and the forfeiture to the government of all improvements made and all vehicles. the proceeds of which shall accrue to the Development Fund of the Bureau. shall be imposed upon any person. partnership or association. graze or cause to graze livestock in forest lands. renumbered under Sec.” — J. 80.—Imprisonment for not less than six (6) months nor more than two (2) years and a fine equal to ten (10) times the regular rentals due. That in case the offender is a corporation. 10 October 1991. in any manner cut. without permit. grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act.D. he shall. No.LAND fender who repeats the same offense and who commits the same offense and double the maximum of the penalty upon the offender who commits the same offense for the third time. domestic animals. 7. 7161. No. the officers and directors thereof shall be liable. equipment and improvements shall be sold at public auction. Illegal Occupation of National Parks System and Recreation Areas SEC. it is a reality to be experienced.A.J. without authority under a lease or permit. In case the offender is a government official or employee. P. stock. 46 Pasturing LiveSEC. domestic animals and equipment of any kind used in the commission of the offense. R. Van der Leeuw (T. Cayton) Renumbered under Sec.—Any person who.

7. That any person who. after an appropriate administrative proceeding. Provided. No. deface. sions of Section 55 of this Code. shall be fined not less than One Hundred Pesos (P100. or shall mutilate. fish or wild animal life within the area in the national parks system shall be subject to the same penalty. R. two (2) nor more than four (4) years.— SEC. or release of forest lands shall be null and void. suffer an imprisonment of not less than one (1) year and a fine of not less than One Thousand Pesos (P1. or the rules and regulations promulgated hereunder. or destroy objects of natural beauty or of scenic value within areas in the national parks system. Destruction of Wildlife Resources. Any public officer or employee who knowingly surveys. R.A. _______________________ 48 49 48 49 50 Renumbered under Sec. 10 October 1991. classifies. and upon conviction by a court of competent jurisdiction. If the offender is an association or corporation.00) exclusive of the value of the thing damaged. the president or manager shall be directly responsible and liable for the act of his employees or laborers. further. 171 . 81. No. 10 October 1991. Renumbered under Sec. 7161. 7161. shall be imposed upon any person who shall.00) for each such violation and in addition shall be denied a permit for a period of three (3) years from the date of the violation. Provided. be dismissed from the service with prejudice to re-employment. 82. or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established in this Code. finally. without permit to survey from the Director. lease. or the regulations promulgated thereunder.00). without proper permit shall hunt. or permit.000. That the Court shall order eviction of the offender from the land and the forfeiture in favor of the government of all timber or any species or vegetation and other natural resources collected or removed.REVISED FORESTRY CODE damage or remove timber or any species of vegetation or forest cover and other natural resources found therein. That if the area requires rehabilitation or restoration as determined by the Director. whether covered by a license agreement. fifty percent (50%) of the fine collected shall accrue to such municipality or city for the development of local parks.000. 83. the offender shall also be required to restore or compensate for the restoration of the damage: Provided. 10 October 1991. Survey by Unauthorized Person.A. 7. R. shall be fined not less than Five Hundred Pesos (P500. 50 Renumbered under Sec. In the event that an official or employee of a city or municipal government is primarily responsible for detecting and convicting the violator of the provisions of this section. No. classification. in addition to the confiscation of the implements used in the violation of this Section including the cancellation of the license. if any. or not.—Imprisonment for not less than SEC. 7.A. license.—Any person violating the proviSEC.00) or more than Twenty Thousand Pesos (P20. The survey. enter any forest lands. capture or kill any kind of bird. shall. and any construction or improvement made thereon by the offender. Misclassification and Survey by Government Official or Employee. 7161. and conduct or undertake a survey for whatever purpose.

the officers and directors thereof shall be liable. lumber. P. the National Internal Revenue Code. No.00) for every hectare or a fraction thereof so improperly surveyed. No. 54 Renumbered under Sec. or who orders. be punished by a fine of not exceeding one hundred thousand pesos (P100. 11 June 1978. partnership or association. 10 October 1991.LAND Tax Declaration on Real Property. No. causes or effects the transfer or diversion of the funds for purposes other than those specified in this Code. 1559. No. 10 October 1991. R. As amended by Sec.00) and imprisonment of not less than one (1) year. any person who coerces. 7. 10 October 1991. or persuades the public officer or employee by using power and influence in deciding any pending case or matter in his favor shall be punished by a fine of not more than Five Thousand Pesos (P5. 172 .000. 7161.00) and/or imprisonment for a period of not exceeding six (6) years in the discretion of the Court. R. R. SEC. 7161. plywood. he shall. Sale of Wood Products. or who delays. abets.D. who fails to pay the amount due and payable under the provisions of this Code.—No person shall sell or offer for sale any log. shall be liable to the payment of a surcharge of twenty-five percent (25%) of the amount due and payable. In all other cases. 87. R. in addition. for each such offense shall. No.A. or persuades the public officer or employee referred to in Sections 74 and 75 commit any of the acts mentioned therein shall suffer imprisonment of not less than one (1) year and pay a fine of Five Hundred Pesos (P500. abets. Any person who fails or refuses to remit to the proper authorities said forest charges collectible pursuant to the provisions of this Code or the National Internal Revenue Code. influences. If the offender is a government official or employee. 7161. or other manufactured wood products in the international or domestic _______________________ 51 52 51 52 53 54 Renumbered under Sec. unless the property is titled or has been occupied and possessed by members of the national cultural minorities prior to July 4. influences. 7. upon conviction.A. 3.—Imprisonment for a period of not SEC.A. 7. renumbered under Sec. If the offender is a corporation.A. obstructs or prevents the same. Payment. SEC. 86. 10 October 1991. 53 Renumbered under Sec.—Any person SEC. 7. 7161. and Remittance of Forest Charges. shall be imposed upon any public officer or employee who shall issue a tax declaration on real property without a certification from the Director of Forest Development and the Director of Lands or their duly designated representatives that the area declared for taxation is alienable and disposable lands. or the rules and regulations promulgated thereunder. Collection. classified. 85. Coercion and Influence. less than two (2) nor more than four (4) years and perpetual disqualification from holding an elective or appointive office.000. 1955. or released. 84. be dismissed from the service with prejudice to reinstatement and with disqualification from holding any elective or appointive office.—Any person who coerces.

1. 14 January 1981. in favor of the government. The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of arrest and seizure. tools and equipment and file the proper complaint with the appropriate official designated by law to conduct preliminary investigation and file information in Court. sawmill. Arrest. and the forest products cut. He shall also seize and confiscate. P. or other license or permit authorizing the manufacture or sale of such products for a period of not less than two (2) years. 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.—A forest officer or employee of SEC. A duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading rules. in addition thereto. The seized products.D. the dealer shall be punished for each such offense by a fine of not less than Two Hundred Pesos (P200.REVISED FORESTRY CODE market unless he complies with grading rules established or to be established by the government. Every dealer in lumber and other building materials covered by this Code shall issue an invoice for each sale of such material and such invoice shall state that the kind. standard and size of material sold to each purchaser in exactly the same as described in the invoice. the offender and the confiscated forest products. The Department Head may deputize any agency. If the arrest and seizure are made in the forest. or any qualified person to protect the forest and exercise the power or authority provided for in the preceding paragraph. lumber. the tools and equipment used in committing the offense. 1775. the Bureau or any personnel of the Philippine Constabulary/Integrated National Police shall arrest even without warrant any person who has committed or is committing in his presence any of the offenses defined in this Chapter. whichever is greater. barangay or barrio official. or any act of falsification of the volume of logs. renumbered under Sec. materials and equipment shall be immediately disposed of in accordance with forestry administrative orders promulgated by the Department Head. or any personnel of the Philippine Constabulary/Integrated National Police or any of the deputized officers or officials.00) or the total value of the invoice. 173 . or other forest products shall be a sufficient cause for the suspension of the export. Institution of Criminal Actions. No. far from the authorities designated by law to conduct preliminary investigations. the latter shall be done within a reasonable time sufficient to the place of delivery. not committed in the presence of any forest officer or employee. gathered or taken by the offender in the process of committing the offense. shall immediately be investigated by the forest officer assigned in the area or any personnel of the Philippine Constabulary/Integrated National Police _______________________ 55 55 As amended by Sec. Failure to adhere to the established grading rules and standards. and filing of the complaint with. the delivery to. 88. Reports and complaints regarding the commission of any of the offenses defined in this Chapter.

D. 91. No. No.A. No. P.LAND where the offense was allegedly committed. 90. Special Clauses Separability Clause. 7. Republic Act No. 10 October 1991. 1975. rules and regulations where fine is the principal penalty.250 hectares * per hour.—This Code shall take effect immediately upon promulgation. CommonSEC. Done in the City of Manila. 11 June 1978. the same shall not affect the validity or the legality of the other provisions. 7. No. cases of violations of this Code and other forest laws. 11 June 1978. R. 57 New section introduced by Sec. The Armed Forces of the Philippines shall organize a special force SEC. 59 58 57 56 If today is a typical day on planet Earth. 7. 7161. 7161. 58 Renumbered under Sec. 4. No. Administrative Authority of the Director to Impose Fines—In all SEC. 1559. P. 10 October 1991.000 hectares of rain forests. wealth Act No.D. 89-B. 4. who shall thereupon receive the evidence supporting the report or complaint. we will lose about 30. the director is hereby authorized to impose administratively the penalty consisting of the fine. 56 174 . this 19th day of May. in every region to help enforce the provisions of this Act under such rules and regulations as may be agreed upon by the Secretaries of National Defense and Natural Resources. SEC.A.—Should any provision herein be subsequently SEC. If there is a prima facie evidence to support the complaint or report.A. 10 October 1991. 10 October 1991.A. R. 7161. _______________________ New section introduced by Sec. 1559. R. Repealing Clause. 7. renumbered by Sec. 330 and 389. 452. and all laws. 59 Renumbered under Sec. or 1. the investigating forest officer and/or members of the Philippine Constabulary/Integrated National Police shall file the necessary complaint with the appropriate official authorized by law to conduct a preliminary investigation of criminal case and file an information in Court. or 21 hectares per minute. orders.—Presidential Decree Nos. No. Effectivity. 92. declared unconstitutional. 4715. rules and regulations or any part thereof which are inconsistent herewith are hereby repealed or amended accordingly. renumbered by Sec. 7161. R. 89-A.

] Felipe Ysmael Jr. Barely a year later. Tan v. Inc. Ysmael appealed the order of the Ministry to the Office of the President (OP). Nueva Vizcaya. No. The timber license agreement (TLA) was issued in 1965 and cancelled in 1983 when the government unilaterally ordered the cancellation of all logging concessions in Nueva Vizcaya and Quirino provinces. replaced or rescinded by the Chief Executive when national interests so require.R. Furthermore. First. but only a privilege which could be withdrawn whenever public interest or welfare so demands …” When the logging ban was lifted in 1986. the MNR’s refusal to reverse final and executory administrative orders is within its right as an administrative agency tasked to enforce governmental policies and objectives. Oct. 705. modified. Deputy Executive Secretary G. 1990 _______________________ The MNR was later renamed the Department of Environment and Natural Resources (DENR) 60 175 . this petition. denied both its requests and pointed out that there is an existing ban on all logging operations in the province of Nueva Vizcaya and Quirino. “(t)imber licenses.REVISED FORESTRY CODE Timber License is Not a Right A timber license agreement is not a contract but a mere privilege which may be modified. as amended. Hence. of Forestry. & Co. Petitioner also seeks the cancellation of these TLAs alleging discrimination. the OP denied the petition for lack of merit and for being prematurely filed. the area covered by the Ysmael’s TLA was reawarded to two other logging companies. v. They may be validly amended. 1983. However. And it can hardly be gainsaid that they merely evidence a privilege granted by the State to qualified entities and do not vest in the latter a permanent or irrevocable right to the particular concession area and the forest products therein. The Ministry. Second. or rescinded when required by national interest. amended. October 18. Dir. the petitioner’s failure to file his petition within a reasonable period precludes his availment of the benefits of certiorari. 79538. permits and license agreements are the principal instruments by which the State regulates the utilization and disposition of forest resources to the end that public welfare is promoted. the Ministry ruled that “a timber license was not a contract within the due process clause of the Constitution.” [See Sections 3(e) and 20 of Presidential Decree No. Thus. Laches had set in. through then Minister Ernesto Maceda. Facts: Petitioner company (Ysmael) wrote to the Ministry of Environment and 60 Natural Resources (MNR) seeking the reinstatement of its logging concession covering a portion of a public forest in Maddela. they are not deemed contracts within the purview of the due process of law clause. Finally. Issue: Is there grave abuse of discretion on the part of the MNR in denying the reinstatement of Ysmael’s logging concession? Held: No. 125 SCRA 302. 27.

176 . glimpse of the world as it was in the beginning. this was a carryover of the policy when virgin forests were still abundant in the country. “If future generations are to remember us with gratiWhile it was difficult to theorize a tude rather than contempt.” — Henry David where the 800. In 1988. something which the government (T. data from satellite photographs taken of the country indicated that only about 800. Statistics also showed that deforestation was occurring at the rate of some 120. or almost five times more than what was available. Background: Statistics showed that in the mid-twentieth century. In 1989. have the right and legal personality to sue in a court of law by way of a class suit in order to protect their environment. legal proceedings were initiated. This is based on the principle of intergenerational responsibility. records disclosed that the Philippine government granted logging concessions (officially known as Timber License Agreement or TLAs) to some ninety-two corporations covering an area of some 3. the timber industry and the logging companies were at the height of their political and financial power. representing themselves and generations yet unborn. Cayton) itself did not quite know).89 million hectares.000 hectares per year. we must leave them more than the miracles of technology. During this time. not (for one.000 hectares were left of these forests. the plaintiff will have to prove just after we got through with it. Naming his own children as the main plaintiffs together with the children of his relatives and friends from all over the Philippines. the Philippines had about sixteen million (16M) hectares of virgin tropical rainforests. Undoubtedly. The official policy of the government then was that logging was being done in virgin forests. We must leave them a cause of action based on the above data. it was necessary to bring these matters to the attention of the government officials and to the public at large.000 thousand hectares Thoreau are.LAND The Right of the Future Generations Petitioners Filipino children. An environmental advocate—working with the Philippine Ecological Network (PEN) and the Haribon Foundation for the Conservation of Natural Resources (Haribon)—conceptualized a legal action.

However. it was more sophisticatedly known with the terminological mouthful: “intergenerational responsibility. the OSG filed a motion to dismiss on the technicality that plaintiffs failed to state a cause of action. the Office of the Solicitor General (OSG). a Georgetown University Professor of Law had been working on the theoretical framework of the principle. this petition bears upon the right of Filipinos to a balanced and healthful ecology which the petitioners dramatically associate with the twin concepts of ‘intergenerational responsibility’ and ‘intergenerational justice. and even when it was initially brought to the Supreme Court. it was during his term that the number of TLAs were significantly reduced. it touches on the issue of whether the said petitioners have a cause of action to ‘prevent the misappropriation or impairment’ of Philippine rainforests and ‘arrest the unabated hemorrhage of the country’s vital life-support systems and continued rape of Mother Earth.” 2. However. a domestic. Metro Manila) of the Regional Trial Court (RTC). 90-777 which was filed before Branch 66 (Makati.REVISED FORESTRY CODE It must be emphasized that the defendant—then DENR Secretary Fulgencio Factoran Jr.” The lawyer handling the case and the US professor did not know one another. the plaintiffs-children would no longer see. Any relief granted would result in the impairment of contracts. when the case was filed before the lower court (Regional Trial Court of Makati). Instead of filing an answer to the complaint and then proceed to the trial of the case. At that end. Inc. The plaintiffs brought the case directly to the Supreme Court on a pure question of law. He was personally sympathetic to the cause being advocated by the case. this means that the plaintiff’s children did not have a legal personality to sue. now the principal petitioners. 3.’ Specifically. the official counsel of government agencies. enjoy and benefit from the forests in their lifetime. At the other end of the globe. non-stock 177 . National Capital Judicial Region. (PEN). The issue was political in nature and therefore not the proper subject for judicial resolution. are all minors duly represented and joined by their respective parents. The case “failed to state a cause of action. Impleaded as an additional plaintiff is the Philippine Ecological Network.—was not responsible for the grant of the numerous TLAs. this principle was unknown both to the Court and to the plaintiffs’ lawyer himself. In simple terms. The case is now known for having advanced the principle of intergenerational responsibility. Facts: “In a broader sense. The theory of the case was based solely on common sense: That if the government were to allow the denudation of all the forests in the country in the next eight to ten years. The principal plaintiffs therein. the lower court dismissed the case without any hearing for the reasons that: 1. After the Opposition was filed by the plaintiffs. was not of similar sentiment. On the contrary.’ “The controversy has its genesis in Civil Case No.

Factoran. .” The same was filed for themselves and others who are equally concerned about the preservation of said resource but are “so numerous that it is impracticable to bring them all before the Court. inter alia. and unique species of flora and fauna may be found. renewing or approving new timber license agreements and granting the plaintiffs “. use and enjoyment of the natural resource treasure that is the country’s virgin tropical rainforests.000.” Consequently. including the disappearance of the Filipino’s indigenous cultures.. accepting. these rainforests contain a genetic. otherwise known as the aquifer. incontrovertible examples of which may be found in the island of Cebu and the Municipality of Bacoor. . engaging in concerted action geared for the protection of our environment and natural resources. (e) the disturbance and dislocation of cultural communities. and verdant rainforests in which varied. was subsequently ordered upon proper motion by the petitioners. his agents. rare and varied flora and fauna. Jr. with the volume of soil eroded estimated at one billion (1. .” The minors further asseverate that they “represent their generation as well as generations yet unborn. the country’s land area should be utilized on the basis of a ratio of fifty-four percent (54%) for forest cover and forty-six percent (46%) for agricultural. and chemical pool which is irreplaceable. commercial and other uses. . His substitution in this petition by the new Secretary. The original defendant was the Honorable Fulgencio S. they are also the habitat of indigenous Philippine cultures which have existed.” “The complaint starts off with the general averments that the Philippine archipelago of 7. taxpayers. brooks.100 islands has a land area of thirty million (30.000) cubic meters per annum— approximately the size of the entire island of Catanduanes. rare. The complaint was instituted as a taxpayers’ class suit and alleges that the plaintiffs “are all citizens of the Republic of the Philippines.LAND and non-profit corporation organized for the purpose of. processing.000.000. the distortion and disturbance of this balance as a consequence of deforestation have resulted in a host of environmental tragedies. and streams. Cavite. Alcala. (2) Cease and desist from receiving. biological. as well as of rivers. (c) massive erosion and the consequential loss of soil fertility and agricultural productivity. ordering defendant. such as (a) water shortages resulting from the drying up of the water table. residential. (f) the siltation of rivers and seabeds and consequential destruction 178 .000) hectares and is endowed with rich. then Secretary of the Department of Environment and Natural Resources (DENR). it is prayed for that judgment be rendered: “. scientific evidence reveals that in order to maintain a balanced and healthful ecology. and entitled to the full benefit. (b) salinization of the water table as a result of the intrusion therein of salt water. (d) the endangering and extinction of the country’s unique. lush. the Honorable Angel C. such other reliefs just and equitable under the premises. industrial. representatives and other persons acting in his behalf to— (1) Cancel all existing timber license agreements in the country. endured and flourished since time immemorial.

(g) recurrent spells of drought as is presently experienced by the entire country.2 million hectares of said rainforests or four percent (4. 7. Sundays and holidays included— the Philippines will be bereft of forest resources after the end of this ensuing decade. Plaintiffs replead by reference the foregoing allegations. 13. This notwithstanding. irrigation and the generation of electric power. At the present rate of deforestation. they expressed their intention to present expert witnesses as well as documentary. Twenty-five (25) years ago. they specifically alleged that: “CAUSE OF ACTION .” “Plaintiffs further assert that the adverse and detrimental consequences of continued deforestation are so capable of unquestionable demonstration that the same may be submitted as a matter of judicial notice.8% of the entire land mass of the Philippine archipelago and about 3. More recent surveys reveal that a mere 850. (j) the siltation and shortening of the lifespan of multibillion peso dams constructed and operated for the purpose of supplying water for domestic uses. 11. otherwise known as the greenhouse effect.000 hectares per annum or 25 hectares per hour—nighttime. Public records reveal that defendant’s predecessors have granted timber license agreements (TLAs) to various corporations to cut the aggregate area of 3. Saturdays.89 million hectares for commercial logging purposes. and (k) the reduction of the earth’s capacity to process carbon dioxide gases which has led to perplexing and catastrophic climatic changes such as the phenomenon of global warming. photographic and film evidence in the course of the trial. 8. The adverse effects. As their cause of action. 12. . barely 2. 9. that is about 200.000 hectares of virgin old-growth rainforests are left.0 million hectares of immature and uneconomical secondary growth forests. (h) increasing velocity of typhoon winds which result from the absence of windbreakers. 10. disastrous consequences.REVISED FORESTRY CODE of corals and other aquatic life leading to a critical reduction in marine resource productivity. the Philippines had some sixteen (16) million hectares of rainforests constituting roughly fifty-three percent (53%) of the country’s land mass. serious injury. Satellite images taken in 1987 reveal that there remained no more than 1. and irreparable damage of this continued trend of deforestation to the plaintiff minors’ generation and 179 . A copy of the TLA holders and the corresponding areas covered is hereto attached as Annex A. (i) the flooding of lowlands and agricultural plains arising from the absence of the absorbent mechanism of forests. if not earlier.0%) of the country’s land area.

b. 1990. The continued failure and refusal by defendant to cancel the TLAs is an act violative of the rights of plaintiffs. Defendant’s refusal to cancel the aforementioned TLAs is manifestly contrary to the public policy enunciated in the Philippine Environmental Policy which. 6 June 1977). and enjoy this rare and unique natural resource treasure. in pertinent part. defendant’s continued refusal to cancel the aforementioned TLAs is contradictory to the Constitutional policy of the State to— a. Article XII of the Constitution). bare. 16. 19. Defendant. to fulfill the social. maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other. economic and other requirements of present and future generations of Filipinos and. fails and refuses to cancel the existing TLAs. ‘protect the nation’s marine wealth. The continued allowance by defendant of TLA holders to cut and deforest the remaining forest stands will work great damage and irreparable injury to plaintiffs— especially plaintiff minors and their successors—who may never see. A copy of the plaintiffs’ letter dated March 1.). to the continuing serious damage and extreme prejudice of plaintiffs. barren and devoid of the wonderful flora. ibid). c. to ensure the attainment of an environmental quality that is conducive to a life of dignity and well-being’ (P. No. This act of defendant constitutes a misappropriation and/or impairment of the natural resource property he holds in trust for the benefit of plaintiff minors and succeeding generations.’ (Section 1. fauna and indigenous cultures which the Philippines has been abundantly blessed with. 1990 is hereto attached as Annex B.D.’ (Section 14. 15. Plaintiffs have a clear and constitutional right to a balanced and healthful ecology and are entitled to protection by the State in its capacity as the parens patriae. id. effect ‘a more equitable distribution of opportunities. Plaintiffs have exhausted all administrative remedies with the defendant’s office. c. however. plaintiffs served upon defendant a final demand to cancel all logging permits in the country 17. 180 . On March 2. ‘conserve and promote the nation’s cultural heritage and resources (sic). develop. states that it is the policy of the State — a. benefit from. especially plaintiff minors who may be left with a country that is desertified (sic). 1151. As a matter of fact. b. to create. Article XIV. Furthermore. use. the environmental damages enumerated in paragraph 6 hereof are already being felt. experienced and suffered by the generation of plaintiff adults.’ (Section 2.LAND to generations yet unborn are evident and incontrovertible. income and wealth’ and ‘make full and efficient use of natural resources (sic). 14. 20. 18.

90-777 as a class suit. We find no difficulty in ruling that they can. In the said order. since the parties are so numerous. We likewise declare that the plaintiffs therein are numerous and representative enough to ensure the full protection of all concerned interests. On 18 July 1991. There is no other plain. ‘protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Finally. defendant’s act is contrary to the highest law of humankind—the natural law—and violative of plaintiffs’ right to self-preservation and perpetuation. (2) the motion is dilatory and (3) the action presents a justiciable question as it involves the defendant’s abuse of discretion. In their 12 July 1990 Opposition to the Motion. but to all citizens of the Philippines. Jr.’ (Section 16. the petitioners maintain that (1) the complaint shows a clear and unmistakable cause of action. Article II. This case. the latter being but an incident to the former. 181 . We hereby rule that the said civil case is indeed a class suit. it becomes impracticable. all the requisites for the filing of a valid class suit under Section 12.. speedy and adequate remedy in law other than the instant action to arrest the unabated hemorrhage of the country’s vital life-support systems and continued rape of Mother Earth. The original defendant and the present respondents did not take issue with this matter. if not totally impossible. namely: (1) the plaintiffs have no cause of action against him and (2) the issue raised by the plaintiffs is a political question which properly pertains to the legislative or executive branches of government. has a special and novel element. for themselves. Secretary Factoran. Hence. respondent Judge issued an order granting the aforementioned motion to dismiss. Petitioners instituted Civil Case No. We must first focus on some procedural matters. the original defendant. to bring all of them before the court. The subject matter of the complaint is of common and general interest not just to several. for others of their generation and for the succeeding generations. Issues: Do the petitioners-children have the right to sue in their own behalf and on behalf of unborn generations? Does the issue here involve a political question and therefore non-justiciable? Would a relief granted here violate the constitutional provision against the non-impairment of contracts? Held: “Before going any further. filed a Motion to Dismiss the complaint based on two (2) grounds. not only was the defendant’s claim—that the complaint states no cause of action against him and that it raises a political question— sustained. the respondent Judge further ruled that the granting of the reliefs prayed for would result in the impairment of contracts which is prohibited by the fundamental law of the land.) 21. Consequently. Nevertheless. 22. Rule 3 of the Revised Rules of Court are present both in the said civil case and in the instant petition. file a class suit. id.REVISED FORESTRY CODE d. however.” On 22 June 1990. Petitioners minors assert that they represent their generation as well as generations yet unborn.

the performance of their obligation to ensure the protection of that right for the generations to come. In fine. inter alia. For although we believe that plaintiffs have but the noblest of all intentions.e. Needless to say. a specific legal right they are seeking to enforce and protect. We shall now proceed to the merits of the petition. to cancel all existing timber license agreements in the country and to cease and desist from receiving. The locus standi of the petitioners having thus been addressed. as hereinafter expounded. fisheries. Such a right. i. the judicious disposition.” We do not agree with the trial court’s conclusion that the plaintiffs failed to allege 182 . Put a little differently. waters.” Nature means the created world in its entirety. being impressed with political color and involving a matter of public policy. After a careful perusal of the complaint in question and a meticulous consideration and evaluation of the issues raised and arguments adduced by the parties. management. renewal and conservation of the country’s forest.. Such rhythm and harmony indispensably include. For to do otherwise would amount to ‘impairment of contracts’ abhorred (sic) by the fundamental law. with sufficient definiteness. accepting. grant the reliefs prayed for by the plaintiffs. off-shore areas and other natural resources to the end that their exploration. land. no matter how we stretch our jurisdiction. the Court firmly believes that the matter before it. The Court is likewise of the impression that it cannot. the Court notes that the Complaint is replete with vague assumptions and vague conclusions based on unverified data. Rule 2. processing renewing or approving new timber license agreements. Furthermore. it (sic) fell short of alleging. the minors’ assertion of their right to a sound environment constitutes.LAND Their personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. utilization. Furthermore. or a specific legal wrong they are seeking to prevent and redress (Sec. we do not hesitate to find for the petitioners and rule against the respondent Judge’s challenged order for having been issued with grave abuse of discretion amounting to lack of jurisdiction. development and utilization be equitably accessible to the present as well as future generations. at the same time. considers the “rhythm and harmony of nature. may not be taken cognizance of by this Court without doing violence to the sacred principle of ‘Separation of Powers’ of the three (3) co-equal branches of the government. 1. plaintiffs fail to state a cause of action in its Complaint against the herein defendant. RRC). The pertinent portions of the said order read as follows: “After a careful and circumspect evaluation of the Complaint. wildlife. mineral. the Court cannot help but agree with the defendant. every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology.

The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. and noise pollution? 183 . Section 16. VILLACORTA: Does this section mandate the State to provide sanctions against all forms of pollution—air. these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. and that the complaint is replete with vague assumptions and conclusions based on unverified data.” While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights. is solemnly incorporated in the fundamental law. During the debates on this right in one of the plenary sessions of the 1986 Constitutional Commission. it does not follow that it is less important than any of the civil and political rights enumerated in the latter. it is because of the well-founded fear of its framers that unless the rights to a balanced and healthful ecology and to health are mandated as state policies by the Constitution itself. As a matter of fact. Article II of the 1987 Constitution explicitly provides: “SEC.” This right unites with the right to health which is provided for in the preceding section of the same article: “SEC. A reading of the complaint itself belies these conclusions. 15. 16. water. but also for those to come —generations which stand to inherit nothing but parched earth incapable of sustaining life. the day would not be too far when all else would be lost not only for the present generation.REVISED FORESTRY CODE with sufficient definiteness a specific legal right involved or a specific legal wrong committed. If they are now explicitly mentioned in the fundamental charter. thereby highlighting their continuing importance and imposing upon the state a solemn obligation to preserve the first and protect and advance the second. for the first time in our nation’s constitutional history. Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation—aptly and fittingly stressed by the petitioners—the advancement of which may even be said to predate all governments and constitutions. The State shall protect and advance the right of the people to a balanced and healthful ecology n accord with the rhythm and harmony of nature. the following exchange transpired between Commissioner Wilfrido Villacorta and Commissioner Adolfo Azcuna who sponsored the section in question: “MR. The State shall protect and promote the right to health of the people and instill health consciousness among them. The complaint focuses on one specific fundamental legal right—the right to a balanced and healthful ecology which.

Policy formulation or determination by the executive or legislative branches of government is not squarely put in issue. The right to healthful (sic) environment necessarily carries with it the correlative duty of not impairing the same and. After a careful examination of the petitioners’ complaint. as well as the specific averments under the subheading CAUSE OF ACTION. Cruz. and particularly the Supreme Court.LAND MR. to be adequate enough to show. The catch.” In Daza v. Civil Case No. that insofar as the cancellation of the TLAs is concerned. the reliefs prayed for. It bears stressing. be emphasized that the political question doctrine is no longer the insurmountable obstacle to the exercise of judicial power or the impenetrable shield that protects executive and legislative actions from judicial inquiry or review. of course. says: “The first part of the authority represents the traditional concept of judicial power. We find the statements under the introductory affirmative allegations. there is the need to implead. a distinguished member of this Court.” The said right implies. Mr. Philippine Political Law. among many other things. Justice Isagani A. to wit. is the meaning of ‘grave abuse of discretion. Justice Cruz. the new provision vests in the judiciary. prima facie. therefore. It must. they may thus be granted. As worded. as party defendants.’ which is a very elastic phrase that can expand or contract according to the disposition of the judiciary. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Without such forests. noted: 184 . now speaking for this Court. AZCUNA: Yes. the judicious management and conservation of the country’s forests. Article VII of the Constitution states that: “Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. 90-777 cannot be said to raise a political question. nonetheless. Mr. however. the discretion of the political departments of the government. Singson. sanctions may be provided for impairment of environmental balance. the claimed violation of their rights. On the basis thereof. the grantees thereof for they are indispensable parties. What is principally involved is the enforcement of a right vis-a-vis policies already formulated and expressed in legislation. The second part of the authority represents a broadening of judicial power to enable the courts of justice to review what was before forbidden territory. the ecological or environmental balance would be irreversibly disrupted. Madam President. the power to rule upon even the wisdom of the decisions of the executive and the legislature and to declare their acts invalid for lack or excess of jurisdiction because tainted with grave abuse of discretion.” Commenting on this provision in his book. involving the settlement of conflicting rights as conferred by law. The foregoing considered. wholly or partly. The second paragraph of Section 1.

We are amazed. or municipal. 168). That when the national interest so requires. .D. and is not a contract between the authority. neither is it property or a property right. i. the respondent Secretary did not. granting it and the person to whom it is granted. 7576). nor is it taxation’ (37 C. this Court held that the granting of license does not create irrevocable rights. It is not a contract. Ong Tin. replace or rescind any contract. permit. it is only a license or privilege.J.e. If he had done so. . even invoke in his motion to dismiss the non-impairment clause. Provided.. federal. all licenses may thus be revoked or rescinded by executive action. even if we were to assume that the issue presented before us was political in nature. to cancel all existing timber license agreements in the country and to cease and desist from receiving. for obvious reasons.” 185 . state. Director of Forestry. .REVISED FORESTRY CODE “In the case now before us. Thus. . In Tan v. The court a quo declared that: “The Court is likewise of the impression that it cannot. no matter how we stretch our jurisdiction. . 705) which provides: “. A timber license is not a contract within the purview of the due process clause.” We are not persuaded at all. A timber license is an instrument by which the State regulates the utilization and disposition of forest resources to the end that public welfare is promoted. in proper cases. of the Constitution clearly provides: . modify. if not shocked. No. into every timber license must be read Section 20 of the Forestry Reform Code (P. . Section 1. He was aware that as correctly pointed out by the petitioners. renewing or approving new timber license agreements.” Needless to say. In the first place.G. . 54 O. For to do otherwise would amount to ‘impairment of contracts’ abhorred (sic) by the fundamental law.” The last ground invoked by the trial court in dismissing the complaint is the nonimpairment of contracts clause found in the Constitution. concession. by such a sweeping pronouncement. Article VII. which can be validly withdrawn whenever dictated by public interest or public welfare as in this case. this Court held: “. we would still not be precluded from resolving it under the expanded jurisdiction conferred upon us that now covers. . nor does it create a vested right. grant the reliefs prayed for by the plaintiffs. even the political question. accepting. on the contrary. the jurisdictional objection becomes even less tenable and decisive. neither is it property or property rights (People v. property or a property right protected by the due process clause of the Constitution. ‘A license is merely a permit or privilege to do what otherwise would be unlawful. processing. the President may amend. The reason is that. . he would have acted with utmost infidelity to the government by providing undue and unwarranted benefits and advantages to the timber license holders because he would have forever bound the government to strictly respect the said licenses according to their terms and conditions regardless of changes in policy and the demands of public interest and welfare. licenses or any other form of privilege granted herein . .

replaced or rescinded by the Chief Executive when national interests so require. as amended. 186 . 705. to my mind. G. granting further that a law has actually been passed mandating cancellations or modifications. October 27.” In the second place. Jr. Director of Forestry. which of course embraces the utilization of all the natural resources in the territorial base of our polity. Nevertheless. In Abe v. Tan v. I have therefore sought to clarify. permits and license agreements are the principal instruments by which the State regulates the utilization and disposition of forest resources to the end that public welfare is promoted. The seminal principles laid down in this decision are likely to influence profoundly the direction and course of the protection and management of the environment. is one of the most important cases decided by this Court in the last few years. Jr. they are not deemed contracts within the purview of the due process of law clause [See Sections 3(ee) and 20 of Pres. This is because by its very nature and purpose. And it can hardly be gainsaid that they merely evidence a privilege granted by the State to qualified entities. . which reads: “SEC. Foster Wheeler Corp. No.” Since timber licenses are not contracts.” Concurring Opinion of Justice Feliciano: I join in the result reached by my distinguished brother in the Court. Davide. Timber licenses. moral. in this case which. promoting their health and enhancing the general welfare. The same is understood to be subject to reasonable legislative regulation aimed at the promotion of public health. safety. under our system of government. in the interest of public health. the same cannot still be stigmatized as a violation of the non-impairment clause. Inc. even if it is to be assumed that the same are contracts.. . basically to myself. Thus. v. modified. moral and general welfare. They may be validly amended. 1983. Hence. Also. No law impairing the obligation of contracts shall be passed. L-24548. safety and welfare.. R. is not meant to be absolute. the non-impairment clause cannot as yet be invoked. J. what the Court appears to be saying. the constitutional guaranty of non-impairment of obligations of contract is limited by the exercise of the police power of the State.. such a law could have only been passed in the exercise of the police power of the state for the purpose of advancing the right of the people to a balanced and healthful ecology. 125 SCRA 302]. Decree No. this Court stated: “The freedom of contract. the non-impairment clause. & Co. and do not vest in the latter a permanent or irrevocable right to the particular concession area and the forest products therein. 10. Deputy Executive Secretary: “. the instant case does not involve a law or even an executive issuance declaring the cancellation or modification of existing timber licenses. In other words.LAND We reiterated this pronouncement in Felipe Ysmael.

The implications of this doctrine will have to be explored in future cases. imputed to the public respondent by petitioners so that the trial court can validly render judgement granting all or part of the relief prayed for. show a more specific legal right—a right cast in language of a significantly lower order of generality than Article II (15) of the Constitution—that is or may be violated by the actions.” 187 . those implications are too large and far-reaching in nature even to be hinted at here. instead of aborting the proceedings on a motion to dismiss. Secondly. defendants may well be unable to defend themselves intelligently and effectively. The Philippine Environment Code does not. rather than a constitutional or statutory policy. neither petitioners nor the Court has identified the particular provision or provisions (if any) of the Philippine Environment Code which give rise to a specific legal right which petitioners are seeking to enforce. the Philippine Environment Code identifies with notable care the particular government agency charged with the formulation and implementation of guidelines and programs dealing with each of the headings and sub-headings mentioned above.REVISED FORESTRY CODE Two (2) points are worth making in this connection. for at least two (2) reasons. in other words. considering the general policy principles found in the Constitution and the existence of the Philippine Environment Code. . there are due process dimensions to this matter The second is a broader-gauge consideration—where a specific violation of law or applicable regulation is not alleged or proved. . Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. . and that the trial court should have given petitioners an effective opportunity so to demonstrate. It seems to me important that the legal right which is an essential component of a cause of action be a specific. One is that unless the legal right claimed to have been violated or disregarded is given specification in operational terms. To my mind. in other words. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. before the trial court. by finding petitioners’ cause of action as anchored on a legal right comprised in the constitutional statements above noted. Firstly. appear to contemplate action on the part of private persons who are beneficiaries of implementation of that Code. petitioners can be expected to fall back on the expanded conception of judicial power in the second paragraph of Section 1 of Article VIII of the Constitution which reads: “Section 1 . the Court should be understood as simply saying that such a more specific legal right or rights may well exist in our corpus of law. My suggestion is simply that petitioners must. As a matter of logic. or failures to act. operable legal right. the Court is in effect saying that Section 15 (and Section 16) of Article II of the Constitution are selfexecuting and judicially enforceable even in their present form.

and lengthy legal battle to prove violations on the part of the TLA holder in order to justify the cancellation. Minors Oposa. tedious. My learned brother Davide. They may also controvert the appropriateness of the remedy or remedies demanded by petitioners. if petitioners’ entitlement to the relief demanded is not dependent upon proof of breach by the timber companies of one or more of the specific terms and conditions of their concession agreements (and this. and to implement them before the courts should intervene. Where no specific. however. must be impleaded in the proceedings below. The doctrines se out in the Court’s decision issued today should. et al. July 30. No. whose concession agreements or TLAs petitioners demand public respondents should cancel. et al.. Factoran. our courts have no claim to special technical competence and experience and professional qualifications. I vote to grant the Petition for Certiorari because the protection of the environment. to propel courts into the uncharted ocean of social and economic policy making. militated against this alternative: (1) Plaintiffs were represented by only one lawyer Picking a fight against 92 logging companies which were at the height of their power would be like an ant challenging an elephant to a duel. be subjected to closer examination. petitioners implicitly assume). under all the circumstances which exist. G.R. 101083.. v. Jr. impleading all the TLA holders was one of the options explored by the plaintiffs.” the result will be. is of extreme importance for the country. protracted. Two strategic and tactical considerations. it is respectfully submitted. rightly insists that the timber companies.LAND When substantive standards as general as “the right to a balanced and healthy ecology” and “the right to health” are combined with remedial standards as broad ranging as “a grave abuse of discretion amounting to lack or excess of jurisdiction. then the policy making departments—the legislative and executive departments—must be given a real and effective opportunity to fashion and promulgate those norms and standards. however. 188 . operable norms and standards are shown to exist. At least in respect of the vast area of environmental protection and management. (2) Plaintiffs avoid being entangled in an unnecessary. as well as the reality of the claimed factual nexus between petitioners’ specific legal right and the claimed wrongful acts or failures to act of public respondent administrative agency. 1993 Post-Supreme Court Decision It will be noted that the last part of the Decision directs the petitioners to return to the Regional Trial Court and try the case in said court impleading therein the TLA holders. At the very outset. It might be asked that. J. what will those companies litigate about? The answer I suggest is that they may seek to dispute the existence of the specific legal right petitioners should allege. including the forest cover of our territory.

Illegal Possession of Lumber Lumber. the DENR operatives confiscated 189 . banned all logging in the remaining 800. Metro Manila and found a variety of lumber products without the proper documentation and “We abuse the land because we regard it as a commodity belonging to us. this was a very strategic goal of the legal action. although omitted in the definition of forest products under the Forestry Code. it needs proper documentation as any forest product is required. Series of 1991 effective on January 1. i. during the pendency of the case. in effect. The eloquent pronouncements of the Supreme Court on the concept of intergenerational responsibility and the legal right of future generations to initiate the legal action were a purely accidental bonus.. the policy question involved in the legal case had become moot and academic by executive action. Facts: On April 1. Factoran. the overall goal of the suit was to force a policy shift. 1992. When we see land as a community to which we belong. They have since become the basis for what is now the Citizen’s Suit provision in the Clean Air Act (RA 8749) and the Solid Waste Management Act (RA 9003). plaintiffs opted for the line of least resistance—a suit against the grantor of the TLAs on the theory that the Dept.”—Aldo Leopold was unable to explain the (Digital Vision) absence of any documentation and upon the discovery that the company’s permit had already expired.000 hectares of virgin forests left in the Philippines.REVISED FORESTRY CODE Instead of suing the holders of the TLA. 24. As such. hectares) more than the area available (800. Jr.e. to protect and preserve the remaining virgin forests of the country. Fortunately. The concurring opinion of Justice Feliciano and his suggestions were very well taken. is a processed log or timber. In effect therefore. While the class suit is necessarily couched in legal language and theory.9 m. to the credit of then DENR Secretary. By a happy coincidence. The Order. When the company may begin to use it with love and respect. a team of DENR operatives searched the premises of the Mustang Lumber in Valenzuela.000 hectares). the DENR issued Department Administrative Order No. of Environment and Natural Resources granted permits to cut trees over area (3. F. we permits. 1990.

the same may be continued under the same warrant the following day. ordinary. The other exceptions are (1) search as an incident to a lawful arrest. makes no distinction between raw or processed timber. The government must not tire in its vigilance to protect the environment by prosecuting without fear or favor any person who dares to violate our laws for the utilization and protection of our forests. June 18. Rule 126 of) the Rules of Court. It was duly established that the petitioner’s truck was coming out from petitioner’s lumberyard loaded with lauan and almaciga lumber of different sizes and dimensions which were not accompanied with the required invoices and transport documents. a search warrant has a lifetime of ten days. and common usage meaning. “Search of a moving vehicle is one of the five doctrinally accepted exceptions to the constitutional mandate that no search or seizure shall be made except by virtue of a warrant issued by a judge after personally determining the existence of a probable cause. Neither should we. 1996 190 . Ubi lex non distinguit nec nos distinguire debemus (where the law does not distinguish. as amended by Presidential Decree No. 1990. 1990 was a continuation of the search on April 3. 1990 done under and by virtue of the search warrant issued on April 3.” Simply put. And insofar as possession of timber without the required legal documents is concerned. 705. Hence. No. The seizure of such truck and its cargo was a valid exercise of the power vested upon a forest officer or employee by Section 80 of Presidential Decree No. and (4) consented warrantless search. (2) seizure of evidence in plain view. efforts which deserve the commendation of the public in the light of the urgent need to take firm and decisive action against the despoilers of our forests whose continuous destruction only ensures to the generations to come. an inheritance of parched earth incapable of sustaining life. words and phrases used in a statute should be given their plain.R. “We also affirm the rulings of both the trial court and the Court of Appeals that the search on April 4. and if its object or purpose cannot be accomplished in one day.” Mustang Lumber v. if not the present. In Webster’s Third International Dictionary. Under (Section 9. it alleges that the word “lumber” is not included in the term “timber. CA G. provided it is still within the ten-day period. Section 68 of Presidential Decree No. lumber is a processed log or timber. as amended.LAND the lumber products without any search warrant. 104988. as “timber or logs after being prepared for the market.” Issue: Was there a valid seizure of the lumber? Held: Yes. 1775. “They (Mustang Lumber) are presumably trifling attempts to block the serious efforts of the DENR to enforce the decree. lumber is defined. (3) customs searches. it could be served at any time within the said period. neither should we).705. It is settled that in the absence of legislative intent to the contrary. Mustang Lumber now questions the validity of the confiscation without any search and seizure order by the court. Moreover. inter alia.

The administrative procedure for the confiscation and forfeiture of the motor vehicle must be allowed to run its course. 191 . known as an action for replevin. The order also directed the owner to submit within fifteen (15) days an explanation why the truck should not be forfeited. the action for damages has a demoralizing and chilling effect on the DENR and/or police officers who apprehended the vehicles. De Guzman brought the case on appeal to the Office of the DENR Secretary. Jovito Layugan. In addition. Regional Executive Director (RED) Rogelio Baggayan of DENR sustained Layugan’s action of confiscation and ordered the forfeiture of the truck invoking Section 68-A of the Forestry Code (P.” Background: Illegally-cut forest products are usually apprehended not while they are being cut inside the forests but while they are being transported along the main highway. 705). On June 22. 1989. On May 23. in legal language. The truck owners. often in cahoots with the illegal loggers. however. equipment or instrument used in the commission of a crime and is therefore subject to seizure and forfeiture. a tool. an action to recover property which is alleged to be wrongfully withheld by another is. Upon inspection by operatives of the Department of Environment and Natural Resources (DENR) and finding that the driver could not produce the required documents for the forest products found concealed in the truck. This has a very frustrating effect on the officers concerned who went to great lengths in apprehending the vehicle and its contraband. It usually also includes actions for damages against the DENR officers. the truck of private respondent Victoria de Guzman while on its way to Bulacan from Cagayan Province. the same was seized. The court must “not arrogate unto itself the authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence. No. D. 1989. Facts: On May 19. then the Community Environment and Natural Resource Officer (CENRO) of Aritao issued an order of confiscation of the truck. De Guzman failed to submit the required explanation. De Guzman then filed a letter of request for reconsideration which was denied. in law. have resorted to the filing of cases against the DENR officers in custody of the motor vehicle. This case. The procedure for forfeiture is covered by an administrative procedure of the DENR where the owner of the truck is given due notice and the opportunity to explain. The truck used to transport the forest contraband is.REVISED FORESTRY CODE Replevin in Motor Vehicles Impounded by the DENR A legal action for replevin to recover a motor vehicle which was found to be transporting illegal forest product is not proper without the exhaustion of administrative remedies. not to mention the personal expense that the officials sued have to incur to defend themselves. 1989.

among others. without violating the principle of exhaustion of administrative remedies.” It was easy to perceive then that the private respondents looked up to the Secretary for the review and disposition of their case. By appealing to him. then such remedy should first be exhausted first before the court’s judicial power can be sought. . Appeal was filed by the DENR through its officers with the Court of Appeals which sustained the trial court’s ruling. that private respondents had no cause of action for their failure to exhaust administrative remedies. Leonardo Paat was substituted as petitioner being the successor of Baggayan as the Regional Executive Director of the DENR in Region 2. The premature invocation of the court’s intervention is fatal to one’s cause of action. this present petition before the Supreme Court seeking to reverse the decision of the Court of Appeals. “This Court has consistently held that before a party is allowed to seek the intervention of the Court. Layugan and Baggayan filed a motion to dismiss with the trial court contending. the DENR should be given a 192 . .LAND However. reads. rules and regulations and the protection. Hence. if a remedy within the administrative machinery can still be resorted to. there is no question that the controversy was pending before the Secretary of DENR when it was forwarded to him following the denial by (DENR officers) of (De Guzman’s) motion for reconsideration…” “In their letter of reconsideration dated June 28. Hence. spouses de Guzman clearly recognize the presence of an administrative forum to which they seek to avail. If this motion for reconsideration does not merit your favorable action. in the resolution of their case. they cannot now. The trial court denied the motion to dismiss and a subsequent motion for reconsideration. pending resolution of the appeal. it is a pre-condition that he should have availed of all the means of administrative processes afforded him. as they did avail. . By the very nature of its function. then this letter should be considered as an appeal to the Secretary. The letter. . (I)t is (also) important to point out that the enforcement of forestry laws. development and management of forest lands fall within the primary and special responsibilities of the Department of Environment and Natural Resources. thus: “ . Issue: Can a petition for replevin be used to recover movable property subject of an administrative forfeiture proceeding in the DENR? Held: No. seek court’s intervention by filing an action for replevin for the grant of their relief during the pendency of an administrative proceedings. they acknowledged the existence of an adequate and plain remedy still available and open to them in the ordinary course of the law. The court issued an order requiring the return of the truck to de Guzman. 1989. Thus. “. de Guzman filed a suit for replevin against CENRO Layugan and RED Baggayan with the Regional Trial Court (RTC) of Cagayan. In the case at (hand).

This is one of the formal requirements of the petition and is necessary before a Court of Law will entertain the same. The affidavit must also indicate the actual value of the property.” Paat v. or if so seized. 1997 Counter-Strike In a replevin action. or seized under execution. Where a petitioner states under oath that a thing has not been seized—knowing 193 . of the replevin suit filed by private respondents constitutes an unjustified encroachment into the domain of the administrative agency’s prerogative. (there is) no wrongful detention (and thus a petition for replevin cannot prosper). The assumption by the trial court. or attachment. the petitioner (Plaintiff) seeking the return of a thing must state under oath that the same has not been seized by law. or an exercise or claim of dominion over it.’ and it has been held that there is tortuous taking whenever there is an unlawful meddling with the property. without any pretense of authority or right …”. It should be noted that the truck was seized by the DENR because it was transporting forest products without the required permit of the DENR in manifest contravention of Section 68 of (the Forestry Code)…” “(This) unquestionably (justifies) the confiscation as well as the disposition by the Secretary of DENR or his duly authorized representatives of the conveyances used in violating the provision of forestry laws. therefore. 111107. that a suit for replevin is founded solely on the claim that the defendant wrongfully withholds the property sought to be recovered. No. ‘To detain’ is defined as to mean ‘to hold or keep in custody. It (is the proper petition) to recover possession of personal chattels that are unlawfully detained. that it is exempt from such seizure. R. that the property is wrongfully detained by the defendant. alleging the cause of detention.REVISED FORESTRY CODE free hand unperturbed by judicial intrusion to determine a controversy which is well within its jurisdiction. double which is the amount of the required replevin bond. CA G. De Guzman miserably failed to convince this Court that a wrongful detention of the subject truck obtains in the instant case. January 10.” “Hence. “Under the Rules of Court. it is indispensable in a replevin proceeding that the plaintiff must show by his own affidavit that he is entitled to the possession of property. that the same has not been taken for tax assessment. the continued possession or detention of the truck by the DENR for administrative forfeiture proceeding is legally permissible. Evidently. The doctrine of primary jurisdiction does not warrant a court to arrogate unto itself the authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence.” “It is worth stressing at this point.

possession. if they screamed all the that may be used for. would we be so cavalier about bustion engine or similar means. Filing a case against him for perjury during the pendency of the replevin proceedings adds leverage for the DENR. SEC. Definition of Terms. 3. Toward this end. 2. “Department” shall refer to the Department of Environment and Natural Resources . loses. Title. the felling of trees or the (Digital Vision) cutting of timber.— As used in this Act.—It is the policy of the State. Declaration of Policy. and 194 . rendered operative by an electric or internal com“If trees could scream. importation and/or use of chainsaws to prevent them from being used in illegal logging or unauthorized clearing of forests. consistent with the Constitution. transfer. purchase and/or sale of chainsaws. importation. b. for no good reason. c. but is not time.—This Act shall be known as the “Chainsaw Act of 2002”. SEC. He who blinks. “Chainsaw” shall refer to any portable power saw or similar cutting implement. “Chainsaw dealer” shall refer to a person. distribution. the term: a. sale. The State shall therefore regulate the ownership. Lest we forget. cutting them down? We might. to conserve. engaged in the manufacture. develop and protect the forest resources under sustainable management.” — Jack Handey limited to.LAND fully well that it has been so seized by the DENR and that confiscation proceedings were under way—he exposes himself to criminal liability for perjury. the State shall pursue an aggressive forest protection program geared towards eliminating illegal logging and other forms of forest destruction which are being facilitated with the use of chainsaws. law is a game of pressure. natural or juridical. Chainsaw Act of 2002 (Republic Act 9175) SECTION 1.

d. dealers and/or private owners who are duly authorized by the Department. is an orchard and fruit tree farmer. or e. c.—The Department is hereby authorized to issue permits to possess and/or use a chainsaw for the felling and/or cutting of trees. or similar agreements. 6. SEC. all persons who own or are then names the streets after them. timber and other forest or agro-forest products to any applicant who: a. and Import Chainsaws. Shall use the chainsaw for a legal purpose. is an industrial tree farmer. or a private land timber permit.” — Bill Vaughan otherwise in possession of chain(Digital Vision) saws must register the same with the Department. 5. Every permit to possess and/or use a chainsaw for legitimate purpose shall be valid for two (2) years upon issuance: Provided. that permits to possess and use chainsaw issued to non-commercial orchard and fruit tree farmers shall be valid for a period 195 .CHAINSAW ACT d. through any of its Community Environment and Natural Resources Office. is a licensed wood processor and the chainsaw shall be used for the cutting of timber that has been legally sold to said applicant. which shall issue the corresponding registration certificate or permit if it finds such persons to be qualified hereunder. Persons Authorized to Manufacture. b. SEC. 4. Agencies of the government that use chainsaws in some aspects of their functions must likewise secure the necessary permit from the Department before operating the same. Registration of Chainsaws.—Within a period of three (3) months from effectivity “Suburbia is where the developer bulldozes out the trees. SEC. “Secretary” shall refer to the Secretary of the Department of Environment and Natural Resources. hereof.— Chainsaws shall only be sold and/or imported by manufacturers. Sell. production sharing agreement. Persons Authorized to Possess and Use a Chainsaw. has a subsisting timber license agreement.

purchases. The chainsaw unlawfully used shall be likewise confiscated in favor of the government. Tampering of Engine serial Number. 2. two (2) months and one (1 ) day to six years or a fine of not less than Fifteen thousand pesos (PhP 15.LAND of five (5) years upon issuance. Unlawful Importation or Manufacturing of Chainsaw. Re-selling.00) nor more than four thousand pesos (PhP 4. 1. Selling.000. 3.00) nor more than Four thousand pesos (PhP 4.—Any person who is found to have defaced or tampered with the original registered engine serial number of any chainsaw unit shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than one thousand pesos (PhP 1. Transferring. transfers the ownership.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. partnership or corporation. and the chainsaw/s confiscated in favor of the government. SEC.00) but not more than Fifty thousand pesos (PhP 50. Penal Provisions. 4. Distributing or Possessing a Chainsaw Without a Proper Permit. Purchasing. Actual Unlawful Use of Chainsaw. SEC. or otherwise disposes or possesses a chainsaw without first securing the necessary permit from the Department shall be punished with imprisonment of four (4) years. the Department shall be allowed to collect reasonable registration fees for the effective implementation of this Act.000. The chainsaws confiscated under this Section shall be sold at public auction to qualified buyers and the proceeds thereof shall go to the Department.—Any person who voluntarily gives information leading to the recovery or confiscation of an unregistered chainsaw and the conviction of persons charged thereof shall be entitled to a reward equivalent to twenty (20%) of the value of 196 .00). distributes. If the violation under this Section is committed by or through the command or order of another person. he shall be removed from office and perpetually qualified from holding any public office.000. 7.000.00) or both at the discretion of the court. 8.000. Reward. in addition to the above penalties.—Any person who sells.00) but not more than Thirty thousand pesos (PhP 30.—Any person who imports or manufactures a chainsaw without obtaining prior authorization from the Department shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than One thousand pesos (PhP 1.000. or the responsible officer/s in such partnership or corporation.00).—Any person who is found to be in possession of a chainsaw and uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not less than Thirty thousand pesos (PhP 30.000. the penalties herein provided shall likewise be imposed on such other person.000. For this purpose. If the offender is a public official or employee.

—If. 10. there is hereby created a Joint Congressional Oversight Committee to be composed of the Chairpersons of the Senate Committee on Environmental and Natural Resources and the house committee on Natural Resources as Chairperson and Co-chairperson. for any reason. 7611 or the Strategic Environmental Plan for Palawan. 13.CHAINSAW ACT the chainsaw unit/s. Authority of the Secretary. that the two (2) of the five (5) senators and two (2) of the five (5) House Members shall be nominated by the respective Minority Leaders of the Senate and the House of Representatives. letters or instruction. The Department is authorized to include in its budget the amount necessary to carry out the purpose of this section. such parts or provisions not affected thereby shall remain in full force and effect. presidential decrees. the Bureau of Customs is prohibited from approving any chainsaw importation without clearance from said Department. 9. 15. SEC.—The Secretary may revoke any Certificate of Registration or permit previously issued to a person found violating the provisions of this Act. 14.—This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspaper of general circulation. or parts thereof which are inconsistent with any of the provisions of this Act are hereby repealed and/or amended accordingly. within the shortest possible time.—To effectively implement the provisions of this Act. any part or provision of this Act shall be declared as unconstitutional or invalid. SEC. Separability Clause. Revocation of Registration and Permit. Effectivity. SEC. Joint Congressional Oversight Committee.—To monitor and oversee the implementation of this Act. whichever comes earlier. SEC. five (5) members of each of the Senate and the House of Representatives who shall be designated by the Senate President and the Speaker of the House of Representatives as members: Provided. at the least possible expense. SEC. rules and regulations. In the Province of Palawan. 11. Transitory Provision. 12.—All laws. or the rules and regulations issued pursuant thereto. SEC. 197 . Repealing Clause. including the approval of the rules and regulations issued pursuant hereto. the Secretary shall issue the implementing rules and regulations within ninety (90) days upon approval of this Act. the provisions of this Act shall be implemented by the Palawan Council for Sustainable Development pursuant to Republic act No.—In the interim while the Department is formulating the implementing rules and regulations to effectively carry out the provisions of this Act. SEC. executive orders. He shall likewise organize an office within the Department to ensure that the requirements imposed by this Act may be complied with qualified persons.

to pursue. this Act shall have the following objectives: a. to regulate the collection and trade of wildlife. c.” SEC. with due regard to the national interest. Scope of Applica— Ralph Waldo Emerson tion. Declaration of Policy. protection of wildlife and their habitats. Oposa) shall be enforceable for all wildlife species found in all areas of the country. including but not limited to crocodiles. all turtles and tortoises and wetland species.—It shall be the policy of the State to conserve the country’s wildlife resources and their habitats for sustainability.—The provisions of this Act (A. Title.—The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species. 2. to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity. SEC.” SEC. In the pursuit of this policy. are cultured. and critical habitats. the Philippine commitment to international conventions. b. 198 .LAND Protected Species Conservation and Protection of Wildlife Resources (Republic Act 9147) Chapter I General Provisions SECTION 1. This Act shall also apply to exotic species which are subject to trade. to initiate or support scientific studies on the conservation of biological diversity. maintained and/or bred in captivity or propagated in the country.—This Act shall be known as the “Wildlife Resources Conservation and Protection Act. otherwise known as the National Integrated Protected Areas System (NIPAS) Act. and d. 3. 7586. Jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture. “The creation of a thousand forests is in one acorn. 4. including protected areas under Republic Act No.

the term. 7611. g) “Economically important species” means species which have actual or potential value in trade or utilization for commercial purposes. collection and utilization of biological and genetic resources for purposes of applying the knowledge derived therefrom solely for commercial purposes. except dugong. a) “Bioprospecting” means the research. d) “Collection or collecting” means the act of gathering or harvesting wildlife. k) “Export permit” refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other country. i) “Endemic species” means species or subspecies which is naturally occurring and found only within specific areas in the country.—As used in this Act. in raw or in processed form. This includes stuffed animals and herbarium specimens. Definition of Terms. and. jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. In the Province of Palawan. e) “Conservation” means preservation and sustainable utilization of wildlife.CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES waterbirds and all amphibians and dugong. f) “Critically endangered species” refers to a species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future. aquatic plants. h) “Endangered species” refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating. revise and regularly update the list of species under the respective jurisdiction. 5. all aquatic resources. 199 . Chapter II Definition of Terms SEC. and/or maintenance. including but not limited to all fishes. The secretaries of the DENR and the DA shall review. b) “By-product or derivatives” means any part taken or substance extracted from wildlife. j) “Exotic species” means species or subspecies which do not naturally occur in the country. its by-products or derivatives. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats. by joint administrative order. c) “Captive-breeding/culture or propagation” means the process of producing individuals under controlled conditions or with human interventions. restoration and enhancement of the habitat. invertebrates and all marine mammals.

n) “Import permit” refers to a permit authorizing an individual to bring in wildlife from another country. their derivatives or by-products. m) “Habitat” means a place or environment where a species or subspecies naturally occur or has naturally established its population. locally or internationally. w) “Vulnerable species” refers to species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future. v) “Transport permit” means a permit issued authorizing an individual to bring wildlife from one place to another within the territorial jurisdiction of the Philippines. usage. vulnerable or other accepted categories of wildlife whose population is at risk of extinction. y) “Wildlife collector’s permit” means a permit to take or collect from the wild certain species and quantities of wildlife for commercial purpose. o) “Indigenous wildlife” means species or subspecies of wildlife naturally occurring or has naturally established population in the country. trade and/or scientific purposes. including those which are in captivity or are being bred or propagated. r) “Secretary” means either or both the Secretary of the Department of Environment and Natural Resources and the Secretary of the Department of Agriculture. accepted and recognized by them. exportation or importation. s) “Threatened species” a general term to denote species or subspecies considered as critically endangered. and z) “Wildlife farm/culture permit” means a permit to develop. p) “Introduction” means bringing species into the wild that is outside its natural habitat. u) “Traditional use” means utilization of wildlife by indigenous people in accordance with written or unwritten rules.LAND l) “Gratuitous permit” means permit issued to any individual or entity engaged in noncommercial scientific or educational undertaking to collect wildlife. x) “Wildlife” means wild forms and varieties of flora and fauna. 200 . q) “Reexport permit” refers to a permit authorizing an individual to bring out of the country a previously imported wildlife. operate and maintain a wildlife breeding farm for conservation. t) “Trade” means the act of engaging in the exchange. purchase or sale of wildlife. customs and practices traditionally observed. in all developmental stages.

8. likewise. That the recipient of the wildlife is technically and financially capable to maintain it. That collection of wildlife by indigenous people may be allowed for traditional use and not primarily for trade: Provided. Collection of Wildlife. Reintroduction or Restocking of Endemic and Indigenous Wildlife. SEC. furthermore. or for a purpose.—Wildlife species may be exported to or imported from another country as may be authorized by the Secretary or the designated representative.—All activities. SEC. 7. That the source was not obtained in violation of this Act. that Section 23 of this Act shall govern the collection of threatened species. Exportation and/or Importation of Wildlife.—Local transport of wildlife. SEC.—The introduction.CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES Chapter III Conservation and Protection of Wildlife Resources SEC. the Secretary shall regularly update wildlife information through research. further.—Local transport of wildlife. Possession of Wildlife. Wildlife Information. SEC.—No person or entity shall be allowed possession of wildlife unless such person or entity can prove financial. 9. be required: Provided. 11. SEC. That the source was not obtained in violation of this Act. 10. as subsequently manifested under this Chapter. 6. subject to strict compliance with the provisions of this Act and rules and regulations promulgated pursuant thereto: Provided. Collection and/or Possession of By-Products and Derivatives. appropriated and acceptable wildlife collection techniques with least or no detrimental effects to the existing wildlife populations and their habitats shall. For this purpose. technical capability and facility to maintain said wildlife: Provided. 12. By-Products and Derivatives.—Collection of wildlife may be allowed in accordance with Section 6 of this Act: Provided. reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for population enhancement or recovery purposes subject to prior clearance from the Secretary or the authorized representative pursuant to Section 6 of this Act. That in the collection of wildlife. SEC. by-products and derivatives collected or possessed through any other means shall be authorized unless the same is prejudicial to the wildlife and public health. by-products and derivatives may be collected and or possessed: Provided. finally. shall be authorized by the Secretary upon proper evaluation of best available information or scientific data showing that the activity is. Introduction. not detrimental to the survival of the species or subspecies involved and/or their habitat. That collection and utilization for said purpose shall not cover threatened species: Provided. 201 . Local Transport of Wildlife.

socioeconomic and related aspects of the area where the species will be introduced. In no case shall exotic species be introduced into protected areas covered by Republic Act No. whenever applicable and appropriate. in consultation with concerned agencies. If the applicant is a foreign entity or individual.—No exotic species shall be introduced into the country. Introduction of Exotic Wildlife.LAND Any proposed introduction shall be subject to a scientific study which shall focus on the bioecology. The prior informed consent from the indigenous peoples shall be obtained in accordance with existing laws. Bioprospecting— Bioprospecting shall be allowed upon “The real threat to whales is whaling. SEC. in 202 . The Secretary or the authorized representative. The action on the bioprospecting proposal by concerned bodies shall be made within a reasonable period.” — Dave Barry proponent. The proponent shall also be required to secure the prior informed consent from the local stakeholders. In cases where introduction is allowed. The proponent shall also conduct public consultations with concerned individuals or entities. 7586 and to critical habitats under Section 25 thereof. The applicant shall disclose fully the intent and scope of the bioprospecting activity in a language and process understandable to the community. management board under Republic Act No. collection and. local communities. 13. which has execution of an undertaking by any endangered many whale species. stipulating therein its (Digital Vision) compliance with and commitment(s) to reasonable terms and conditions that may be imposed by the Secretary which are necessary to protect biological diversity. shall require that prior informed consent be obtained by the applicant from the concerned indigenous cultural communities. Upon submission of the complete requirements. the Secretary shall act on the research proposal within a reasonable period. 7586 or private individual or entity. it shall be subject to environmental impact study which shall focus on the bioecology. unless a clearance from the Secretary or the authorized representative is first obtained. before granting the necessary permit. a local institution should be actively involved in the research. SEC. 14.

shall be subject to an environmental impact study. as well as activities requiring the importation. For this purpose. The collection of certain species shall only be allowed when the results of the assessment show that. field release and breeding of organisms that are potentially harmful to man and the environment shall be reviewed in accordance with the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their habitats. Whenever an economically important species become threatened. That the last paragraph of Section 14 shall likewise apply. A population assessment of such species shall be conducted within a reasonable period and shall be regularly reviewed and updated by the Secretary. SEC. any form of collection shall be prohibited except for scientific. 17. That prior clearance from concerned bodies shall be secured before the issuance of the gratuitous permit: Provided. Economically Important Species—The Secretary.—Collection and utilization of biological resources for scientific research and not for commercial purposes shall be allowed upon execution of an undertaking/agreement with and issuance of a gratuitous permit by the Secretary or the authorized representative: Provided. within one (1) year after the effectivity of this Act. the population of such species can still remain viable and capable of recovering its numbers. That only progenies of wildlife raised. That commercial breeding operations for wildlife.—All activities dealing on genetic engineering and pathogenic organisms in the Philippines.CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES the technological development of the products derived from the biological and genetic resources. despite certain extent of collection. Scientific Researches on Wildlife. the Secretary shall establish a schedule and volume of allowable harvests. pursuant to the provisions of this Act. 16. SEC. shall establish a list of economically-important species. introduction. 18.—Breeding or propagation of wildlife for commercial purposes shall be allowed by the Secretary or the authorized representative pursuant to Section 6 through the issuance of wildlife farm/culture permit: Provided. Biosafety. 15. further. SEC. further. educational or breeding/propagation purposes. Calauit Island: A. Commercial Breeding or Propagation of Wildlife Resources. Oposa SEC. as well as unproductive parent stock shall be utilized for trade: Provided. 203 . whenever appropriate.

Wildlife collector’s permit 1 to 3 years. “Twinkle. the scientific authorities shall be the FBAR. 19. Authority of the Secretary to Issue Permits. which shall include but not limited to the following: 1.LAND SEC. in order to effectively implement this Act. the ERDB shall chair the scientific authorities.—The Secretary or the duly authorized representative. twinkle little bat. That in the case of terrestrial species. Designation of Management and Scientific Authorities for International Trade in Endangered Species of Wild Fauna and Flora. the U.P.P. and in the case of marine and aquatic species. To provide advice to the management authorities. SEC. the U. Like a tea-tray in the sky” — Lewis Carroll (G. shall issue permits/certifications/clearances with corresponding period of validity. the management authorities for terrestrial and aquatic resources shall be the Protected Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA. Marine Science Institute shall chair the scientific authorities. For the terrestrial species.P. the U. U.—For the implementation of the international agreement on international trade in endangered species of wild fauna and flora. 204 . Marine Science Institute.P. For the marine and aquatic species. Institute of Biological Sciences and the National Museum and other agencies as may be designated by the Secretary. Visayas. there shall be designated scientific authorities for terrestrial and aquatic/marine species. 2. 20. Silliman Universtiy and the National Museum and other agencies as may be designated by the Secretary: Provided. the scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB) of the DENR. whenever appropriate. 7611. Tapan) Wildlife farm or culture permit 3 to 5 years. respectively and that in the Province of Palawan the implementation hereof is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. How I wonder what you’re at! Up above the world you fly.

further. Determination of Threatened Species. 21. That in the determination of aforesaid fee. endangered. Cutflowers. That a species listed as threatened shall not be removed therefrom within three (3) years following its initial listing. 22. including but not limited to the following: a) present or threatened destruction. SEC. modification or curtailment of its habitat or range. the production costs shall be given due consideration. produced from farms shall be exempted from the said export fee: Provided.CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES 3. 4.—The Secretary shall determine whether any wildlife species or subspecies is threatened. the list shall be updated regularly or as the need arises: Provided. scientific or educational purposes. excluding transport costs. ARTICLE TWO Protection of Threatened Species SEC. For the export of wildlife species. the Secretary shall evaluate in accordance with the relevant factors stated in the first paragraph of this section. Export/Import/Re-export permit 1 to 6 months. and in the amount fixed by the Secretary shall be imposed for the issuance of permits enumerated in the preceding section. Gratuitous permit 1 year. and export permit fee of not greater than three per centum (3%) of the export value. vulnerable or other accepted categories based on the best scientific data and with due regard to internationally accepted criteria. and d) other natural or man-made factors affecting the existence of wildlife. That fees and charges shall be reviewed by the Secretary every two (2) years or as the need arises and revise the same accordingly. These permits may be renewed subject to the guidelines issued by the appropriate agency and upon consultation with concerned groups. subject to consultation with concerned sectors. leaves and the like. the status of the species concerned and act on said petition within a reasonable period. Local transport permit 1 to 3 months. 205 . Fees and Charges. The Secretary shall also prepare and publish a list of wildlife which resembles so closely in appearance with listed threatened wildlife. which species shall likewise be categorized as threatened. however. Thereafter. c) inadequacy of existing regulatory mechanisms.—Reasonable fees and charges as may be determined upon consultation with the concerned groups. The Secretary shall review. revise and publish the list of categorized threatened wildlife within one (1) year after effectivity of this Act. b) over-utilization for commercial. recreational. and classify the same as critically endangered. Upon filing of a petition based on substantial scientific information of any person seeking for the addition or deletion of a species from the list. shall charged: Provided. and 5.

Such designation shall be made on the basis of the best scientific data. taking into consideration species’ endemicity and/or richness. 26. The Secretary shall prepare a list of threatened species for commercial breeding and shall regularly revise or update such list or as the need arises. By-Products and Derivatives.LAND SEC. the Secretary may acquire. by purchase. as determined and listed pursuant to this Act. within which person/entities shall register all threatened species collected and Proven effective breeding and captive management techniques of the species.—The collection of threatened wildlife. presence of manmade pressures/threats to the survival of wildlife living in the area. research. Commercial breeding or propagation of threatened species may be allowed provided that the following minimum requirements are met by the applicant. or interests therein. Conservation Breeding or Propagation of Threatened Species. All designated critical habitats shall be protected. Registration of Threatened and Exotic Wildlife in the Possession of Private Persons.—Within two (2) years following the effectivity of this Act. establishment of easements or other undertakings appropriate in protecting the critical habitat. That only the accredited individuals. SEC. the Secretary shall set a period. shall be allowed only for scientific. Twelve (12) months after the effectivity of this Act. educational or scientific entities shall be allowed to collect for conservation breeding or propagation purposes. SEC. where threatened species are found. Collection of Threatened Wildlife.—No person or entity shall be allowed possession of wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife. ARTICLE THREE Registration of Threatened and Exotic Species SEC. 206 . 24. donation or expropriation. lands. 7586. the Secretary shall designate critical habitats outside protected areas under Republic Act No. business. 23. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the captive-bred or propagated species shall be released. or breeding or propagation purposes in accordance with Section 6 of this Act: Provided. including its by-products and derivatives. including the acquisition of usufruct. to wit: e) and f) Commitment to undertake commercial breeding in accordance with Section 17 of this Act. in coordination with the local government units and other concerned groups. reintroduced or restocked. from any form of exploitation or destruction which may be detrimental to the survival of the threatened species dependent therein. For such purpose. 25. Establishment of Critical Habitats. among others. simultaneous with conservation breeding.— Conservation breeding or propagation of threatened species shall be encouraged in order to enhance its population in its natural habitat.

threatened wildlife possessed without certificate of registration shall be confiscated in favor of the government. shall likewise be registered during the period set after the publication of the updated list of threatened species.—Unless otherwise allowed in accordance with this Act. and (v) when the wildlife is killed or destroyed after it has been used in authorized research or experiment. the silent space that says we live only by grace.—Terry Tempest Williams (A. Chapter IV Illegal Acts SEC. or undertake the following acts: a. except in the following instances. 207 . killing and destroying wildlife species. 27. Oposa) b. To protect what is wild is to protect what is gentle. However. (iii) when it is deemed necessary to put an end to the misery suffered by the wildlife. Wilderness lives by this same grace. All Philippine wildlife which are not listed as threatened prior to the effectivity of this Act but which may later become so. (i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities (ii) when the wildlife is afflicted with an incurable communicable disease. inflicting injury which cripples and/or impairs the reproductive system of wildlife species. it shall be unlawful for any person to willfully and knowingly exploit wildlife resources and their habitats. Illegal Acts. (iv) when it is done to prevent an imminent danger to the life or limb of a human being. Perhaps the wildernes we fear is the pause within our own heartbeats. subject to the penalties herein provided. the State may acquire the wildlife through a mutually acceptable arrangement. when the threatened species is needed for breeding/propagation or research purposes. After the period set has elapsed.CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES exotic species imported prior to the effectivity of this Act.

(iii) mineral exploration and/or extraction. if inflicted or undertaken against endangered species. g.00).00) to Five hundred thousand pesos (P 500.00) to One hundred thousand pesos (P 100. if inflicted or undertaken against other wildlife species. and e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P 10. and (vi) quarrying.00). 28. if inflicted or undertaken against species listed as critical.000.000.00). the following penalties and/or fines shall be imposed: a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or fine of One hundred thousand pesos (P 100. (iv) burning. f.—For any person who undertakes illegal acts under paragraph (a) of the immediately preceding section to any species as may be categorized pursuant to this Act.000.00).LAND c. d. h. if inflicted or undertaken against vulnerable species. host plants and the like. their by-products and derivatives.00) to One million pesos (P 1. maltreating and/or inflicting other injuries not covered by the preceding paragraph. d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P 20.000.000. transporting of wildlife. collecting.000. squatting or otherwise occupying any portion of the critical habitat. reintroduction or restocking of wildlife resources. if inflicted or undertaken against other threatened species.00). c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P 30. trading of wildlife. 208 . hunting or possessing wildlife. effecting any of the following acts in critical habitat(s): (i) (ii) dumping of waste products detrimental to wildlife.00) to Two hundred thousand pesos (P 200.000. Penalties for Violations of this Act.000.000.000. b) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P 50. and i. e. gathering or destroying of active nests.000. introduction. (v) logging. Chapter V Fines and Penalties SEC. nest trees.00) to Three hundred thousand pesos (P 300.

000. 209 .CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES For illegal acts under paragraph (b) of the immediately preceding section.00) to Two hundred thousand pesos (P 200.00) to Five million pesos (P 5. Oposa.00).00).000.000. if inflicted or undertaken against species listed as critical: b) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P 30.00) shall be imposed.000.000. if inflicted or undertaken against other threatened species. For illegal acts under paragraph (c) and (d) of the immediately A true conservationist is a man who knows that the world is not given by his fathers but borrowed from his children. if inflicted or undertaken against species listed as critical.000.00). if inflicted or undertaken against vulnerable species.000.00) to Two hundred thousand pesos (P 200. c) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P 20.00) to Three hundred thousand pesos (P 300.000. an imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos (P 5.00) to Fifty thousand pesos (P 50.00).000.00) to Twenty thousand pesos (P20.—Audobon (A.000.000. if inflicted or undertaken against endangered species. For illegal acts under paragraphs (e). if inflicted or undertaken against other wildlife species. d) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P 10. the following penalties and/or fines shall be imposed: a) imprisonment of a minimum of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P 50. Trees) preceding section. and e) imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos (P 5. the following penalties and/or fines shall be imposed: a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five thousand pesos (P 5.000.000.000.00).00).000.00) to Five hundred thousand pesos (P 500.

For illegal acts under paragraphs (h) and (i) of the immediately preceding section. For illegal acts under paragraph (f) and (g) of the immediately preceding section.000.00).00) to One hundred thousand pesos (P 100.000.00). c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand pesos (P 10.000.000.000.000. the following penalties and/or fines shall be imposed: a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty thousand pesos (P 30.00).00). if inflicted or undertaken against vulnerable species.00) to One hundred thousand pesos (P 100.00) to Fifty thousand pesos (P 50.000. if inflicted or undertaken against other wildlife species: Provided. if inflicted or undertaken against endangered species. d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of Five hundred pesos (P 500.00).000.000.000.00). b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand pesos (P 20.00) to Five thousand pesos (P 5. if inflicted or undertaken against species listed as other threatened species. if inflicted or undertaken against species listed as other threatened species. the maximum penalty herein provided shall be imposed. if inflicted or undertaken against endangered species.00) to Fifty thousand pesos (P 50. if inflicted or undertaken against endangered species. where the acts were perpetuated through the means of inappropriate techniques and devices.00).000.000.000. d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand pesos (P 5. that in case of paragraph (f).000.000. c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One thousand pesos (P 1.000. b) imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty thousand pesos (P 20.000.00) to Two hundred thousand pesos (P 200.000. if inflicted or undertaken against species listed as critical species. and e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P 1.00) to One hundred thousand pesos (P 100.LAND b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two thousand pesos (P 2. and e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos (P 200.00). 210 .000.00).00) to Twenty thousand pesos (P 20. if inflicted or undertaken against species listed as critical species. the following penalties and/or fines shall be imposed: a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty thousand pesos (P 50. if inflicted or undertaken against other wildlife species.00). if inflicted or undertaken against vulnerable species.00) to Fifty thousand pesos (P 50.000.00) to Two hundred thousand pesos (P 200.00) to Three hundred thousand pesos (P 300.00).

charges. The apprehending agency shall immediately cause the transfer of all wildlife that have been seized or recovered to the nearest Wildlife Rescue Center of the Department in the area. The fund shall derive from fines imposed and damages awarded.CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES c) imprisonment of one (1) month and one (1) day to three (3) months and a fine of Five thousand pesos (P 5. Deputation of Wildlife Enforcement Officers. its derivatives or by-products. The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of such times.00). the wildlife enforcement officers shall have the full authority to seize illegally traded wildlife and to arrest violators of this Act subject to existing laws. If the offender is an alien. e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P 200. All wildlife. endowments.00) to Twenty thousand pesos (P 20. charges or fees imposed by the government. community organizations and other volunteers who have undergone the necessary training for this purpose. administrative fees or grants in the form of contributions. fees. tools and conveyances used in connection with violations of this Act.000.—The Secretary shall deputize wildlife enforcement officers from non-government organizations. if inflicted or undertaken against species listed as other threatened species. 29. 30. Chapter VI Miscellaneous Provisions SEC.000. As such.000. The Philippine National Police (PNP). SEC. rules and regulations on arrest and detention. That where the ownership of the aforesaid conveyances belongs to a third person who has no participation in or knowledge of the illegal acts. Wildlife Management Fund. and other law enforcement agencies shall designate wildlife enforcement officers. enforcement and monitoring activities. he shall be deported after service of sentence and payment of fines. and all paraphernalia.00) to One thousand pesos (P1. 211 . citizens groups. without any further proceedings. the National Bureau of Investigation (NBI). the Armed Forces of the Philippines (AFP).—There is hereby established a Wildlife Management Fund to be administered by the Department as a special account in the National Treasury. donations.000.00) to Five thousand pesos (P 5. shall be ipso facto forfeited in favor of the government: Provided. d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P 1. as well as enhancement of capabilities of relevant agencies. if inflicted or undertaken against other wildlife species.00). if inflicted or undertaken against vulnerable species. Contributions to the Fund shall be exempted from donor taxes and all other taxes. the same may be released to said owner.00).000. It shall finance rehabilitation or restoration of habitats affected by acts committed in violation of this Act and support scientific research.

The Secretary shall formulate guidelines for the disposition of wildlife from the rescue centers. 33. including pertinent international agreements. Flagship Species. For this purpose. Philippine teak (Tectona philippinensis).—The Secretary shall establish national wildlife research centers for terrestrial and aquatic species to lead in the conduct of scientific researchers on the proper strategies for the conservation and protection of wildlife. Implementing Rules and Regulations. 32. Exemption from Taxes. in coordination with the Committees on Environment and Ecology of the Senate and the House of Representative. Wildlife Rescue Center. which shall serve as emblems of conservation for the local government concerned. and the Department of Agriculture. the secretaries of the Department of Environment and Natural Resources. Creation of Wildlife Traffic Monitoring Units. prior to further disposition thereof. tamaraw (Bubalus mindorensis). subsidy of financial aid which may be made to the Department of Environment and Natural Resources or to the Department of Agriculture and to NGOs engaged in wildlife conservation duly registered with the Securities and Exchange Commission as certified by the local government unit. bequest. SEC. respectively. the Secretary shall encourage the participation of experts from academic/research institutions and wildlife industry. abandoned and/or donated wildlife to ensure their welfare and well-being. education and conservation. for the conservation and protection of wildlife resources and their habitats shall constitute as an allowable deduction from the taxable income of the donor and shall be exempt from donor’s tax. 34. rules and regulations.—The Secretary shall regulate the establishment. Zoological Parks and Other Similar Establishments. Botanical Gardens. secure a clearance from the wildlife traffic monitoring unit assigned in the area. Philippine tarsier (Tarsius syrichta).—Within twelve (12) months following the effectivity of this Act. they may adopt flagship species such as the Cebu black shama (Copsychus cebuensis).—The Secretary shall establish designate wildlife rescue centers to take temporary custody and care of all confiscated.LAND SEC. including captive breeding or propagation. Establishment of National Wildlife Research Centers. SEC. shall promulgate respective rules and regulations for the effective implementation of this Act. operation and maintenance of botanical gardens. SEC. SEC. contribution. SEC. SEC. 35. In this regard. the Department of Environment and Natural Resources or the Department of Agriculture. 36.—The Secretary shall create wildlife traffic monitoring units in strategic air and seaports all over the country to ensure the strict compliance and effective implementation of all existing wildlife laws. 37. Customs officers and/or other authorized government representatives assigned at air or seaports who may have intercepted wildlife commodities in the discharge of their official functions shall. 31.—Local government units shall initiate conservation measures for endemic species in their areas. zoological parks and other similar establishments for recreation.—Any donation. 212 .

Commonwealth Act No. SEC.CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES Whenever appropriate. 40. Presidential Decree No. and other laws. Appropriations. Separability Clause. Oshima) 213 . such sums as may be necessary to fully implement the provisions of this Act shall be included in the annual General Appropriations Act.—Should any provision of this Act be subsequently declared as unconstitutional.— Act Nos. SEC. SEC. 38.—Nancy Newhall (N. the same shall not affect the validity or the legality of the other provisions. Republic Act No. The commitments of the State to international agreements and protocols shall likewise be a consideration in the implementation of this Act. Approved: July 30. 2001.—The amount necessary to initially implement the provisions of this Act shall be charged against the appropriations of the Department of Environment and Natural Resources in the current General Appropriations Act. SEC. 39. 1219. orders and regulations inconsistent herewith are hereby repealed or amended accordingly. 41. 2590 and 3983. 6147. Repealing Clause. 63. Effectivity. as amended. Thereafter. The (forests) hold answers to more questions than we yet know how to ask.—This Act shall take effect fifteen (15) days after publication in the Official Gazette or two (2) newspapers of general circulation. as amended. coordination in the preparation and implementation of rules and regulations on joint and inseparable issues shall be done by both Departments.

the SecreHistory tary of Environment and (Alejo P. and the International Union for the Conservation of Nature and Natural Resources. or taking away of the same and/or destroying. For this purpose. but after the effectivity thereof. 192 (1987). To ensure the proper conservation. hunting. Manaloto. the Philippine Eagle is the largest in terms of wingspan and height. the World Wildlife Fund. SEC. wounding. 3. such as the Philippine Wildlife Conservation Foundation. commonly known as the monkey-eating eagle. 61 214 . disturbing. SEC. the killing. financial grant.O. Haribon Foundation) Natural Resources shall seek the recommendation of the Director of Parks and Wildlife and the Philippine Wildlife Conservation Foundation. No. is hereby prohibited and made subject to the penal provisions in Section 5 hereon. for such support.LAND Protection of the Philippine Eagle (Republic Act 6147) SECTION 1. and management of the monkey-eating eagle. It is hereby declared that the Pithecophaga jefferyi. 2. or taking away of the nests or eggs of such a bird. shall be a protected bird in the Philippines.” In preparation of said rules — Dr. Robert Kennedy of the Harvard Museum of Natural and regulations. in contravention of the rules and regulations promulgated by the Secretary of Environment 61 and Natural Resources. the Director of Parks and Wildlife may seek the assistance of the National Science Development Board including private associations or foundations. The Director of Parks and Wildlife shall establish sanctuaries as are necessary to preserve this threatened species. or technical cooperation _______________________ All reference to the Department or Secretary of Agriculture and Natural Resources should now read as Department of Secretary of Environment and Natural Resources pursuant to E. preservation. The Secretary of Environment and Natural Resources shall promulgate rules and regulations for the implementation of this Act within ninety (90) days from and “The Harpy Eagle maybe the largest in terms of bulk or weight.

It shall be the duty of the Secretary of Environment and Natural Resources to issue and promulgate regulations which shall _______________________ 62 “Weeds are flowers too. rules and regulations inconsistent with the provisions of this Act are hereby repealed. In case of insolvency. This Act shall take effect upon its approval. lycopod or club moss or other wild plants in the Philippines. fern. Any person violating any provision of this Act shall be punished by a penalty of prision correccional or by a fine of not less than Six Hundred Pesos (P600. SEC. 1970. alive or dead. orchid. any protected flowering plant. kill. collect. nor more than One Thousand Pesos (P1. ship. it shall be unlawful for any person in the Philippine Islands to take. as may be necessary or requisite to carry out and effectively implement the provisions of this Act. living or dead. 5.00) for the first year after the approval of this Act and subsequent appropriations shall be included in the General Appropriations Act. SEC.00). Flowers in Pulo) The Philippines is a party to the Convention of International Trade and Endangered Species (CITES). part of Acts.000.PROTECTION OF WILD FLOWERS arrangements. food requirements. predatory-prey control measure and other ecological factors most conducive to the conservation and management of the monkey-eating eagle and other requirements for the implementation of this Act.000. orders. In case of any subsequent offense. All Acts. SEC. 7. offer or expose for sale. 2. the corresponding subsidiary imprisonment shall be suffered. 4. For the expenses in the establishment and maintenance of the sanctuaries. the sum of One Hundred Thousand Pesos (P100. the court shall impose both the imprisonment and the fine. mutilate. Protection of Wild Flowers 62 (Republic Act 3983) SECTION 1. Approved: November 9.00). or by both such imprisonment and fine at the discretion of the Court. or have in his or her possession. or export. A. the conduct of studies on the natural habitat. SEC. transport. there is hereby authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated. Oposa. SEC. 215 . once you get to know them.”— A. 6. or to purchase. Except as provided in this Act. Milne Eeyore from Winnie the Pooh (A.

LAND specify from time to time the classes or species of the rare and flowering plants. or export of such protected wild plants as should be collected only by licensed collectors. collection. killed. he shall be subject to the same penalty as if he had no permit. alive or dead. SEC. permitting the holder to collect specimens of protected wild plants for scientific or educational purposes. ferns. sale or exposure for sale or export. including orchids. SEC. and to issue such other regulations as may be necessary prescribing the conditions governing the collection. destruction. The Secretary of Environment and Natural Resources is hereby empowered to issue licenses for the collection. shall fix the fees for the collection of individual species or group of species of protected wild plants. and lycopods or club mosses and such other plants as may be designated by the Secretary of 216 . or mutilation of orchids. SEC. or to associations or corporations that are duty registered or incorporated under the laws of the Philippine Islands or of the United States or of any state thereof and authorized to transact business in the Philippine Islands and sixty-one percent of whose capital stock or interest in said capital stock is owned wholly by citizens of the Philippine Islands or of the United States. The rules so promulgated shall also specify the bureau or office of the Department of Environment and Natural Resources. sale. and the conditions under which they may be kept or disposed of. No license or permit shall be granted under the provisions of this Act except to citizens of the Philippine Islands or of the United States. 5. transportation. Such permits shall be in force for a period of one year only and shall be subject to such conditions as the Secretary of Environment and Natural Resources may deem wise to impose for the proper carrying out of the purposes of this Act. SEC. killing. SEC. of any of the Protected Wild Plants in the Philippines. which shall be protected under this Act. or destroyed any protected wild plant in whole or in part for other than a scientific or educational purpose. to which the duty of carrying out the purposes of this Act may be delegated by the Department Head. 4. transportation. upon payment of the fees to be fixed in accordance with this Act. The Secretary of Environment and Natural Resources may issue a special permit for the possession of very rate specimens. or to citizens of countries the laws of which allow similar rights to citizens of the Philippine Islands. The taking. The making of any false statement upon the application blank for a collecting license or permit shall subject the offender both to the forfeiture of his license or permit and to the other penalties hereinafter provided. ferns. possession. possession. 8. lycopods or club mosses (known in some localities as buntot pusa or palawit). alive or dead. destruction. SEC. 6. Upon proof that the holder of such permit has taken. and may be made applicable to the whole Philippine Islands or any specified locality or localities and may be continued in force indefinitely or for a given number of years or for any specific portion or portions of each successive year. 7. 3. A permit may be granted by the Secretary of Environment and Natural Resources free of charge to any person of good repute of legal age. Such licenses shall specify the number and kind of plants which may be collected.

PROTECTION OF WILD FLOWERS

Environment and Natural Resources is prohibited within a distance of one hundred meters from any public highway or trail; Provided, however, That this prohibition shall not apply to the owner of land on which such plants may be found or the duly authorized agent of the owner. SEC. 9. Members of the Philippine Constabulary; members of municipal and municipal district police, and such foresters, rangers, and forest guards of the Bureau of Forestry; botanists, geologists, and field chemists of the Bureau of Science; public lands inspectors, special attorneys and surveyors of the Bureau of Lands; agronomists and plant inspectors of the Bureau of Plant Industry; and other competent persons as may be designated in writing by the Secretary of Environment and Natural Resources, are hereby made deputy wardens of protected wild plants and are hereby given full authority and directed to enforce the provisions of this Act and the regulations promulgated thereunder and to arrest offenders against the same. SEC. 10. Any person, association, or corporation violating this Act or any order or regulation deriving force from its provisions shall be punished for each offense by a fine of not less than Ten Pesos (P10.00) nor “I am the Lorax, I speak for the trees, for the trees more than Two Hundred Pesos have no tongues.” — Dr. Suess (P200), or by imprisonment, in the (G. Tapan) discretion of the court; Provided, That in the case of an association or corporation, the president or manager shall be directly responsible for the acts of his employees or laborers if it is proven that the latter acted with his knowledge; otherwise the responsibility shall extend only as far as fine is concerned; Provided, further, That all plants gathered or collected in violation of this Act shall be forfeited to the government. SEC. 11. This Act shall take effect on its approval. Approved, December 3, 1932.

217

LAND

Prospecting of Biological and Genetic Resources
(Executive Order No. 247) WHEREAS, Section 16, Article II of the Philippine Constitution, vests in the State the ultimate responsibility to preserve and protect the environment; and Section 2, Article XII provides that wildlife, flora and fauna, among others, are owned by the State and the disposition, development, and utilization thereof are under its full control and supervision; WHEREAS, it is in the interest of the State’s conservation efforts to ensure that the research, collection, and use of species, genes, and their products be regulated; and to identify and recognize the rights of indigenous cultural communities and other Philippine communities to their traditional knowledge and practices when this information is directly and indirectly put to commercial use; WHEREAS, under Article XVI of the Convention on Biological Diversity of which “The human spirit needs places where nature has not been the Philippines is a party, rearranged by the hand of man.”— Author Unknown each contracting party is (Digital Vision) mandated to take legislative, administrative, or policy measures, as appropriate, with the aim that contracting parties, in particular those that are developing countries, which provide genetic resources are provided access to and transfer of technology which makes use of those resources, on mutually agreed terms, including technology protected by patents and other intellectual property rights; WHEREAS, the Department on Environment and Natural Resources (DENR) is the primary government agency responsible for the conservation, management, development, and sustainable use of the country’s environment and natural resources; the Department of Science and Technology (DOST), the primary agency mandated to pro-

218

PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES

mote local capability in science and technology to achieve technological self-reliance in selected areas vital to national development; the Department of Agriculture (DA), the agency responsible for the promotion of sustainable agriculture and aquatic resource development; the Department of Health (DOH), the agency responsible for the formulation, planning, implementation, and coordination of policies and programs in the field of health, including the research, regulation, and development of drugs and medicine; the Department of Foreign Affairs (DFA), the agency responsible for promoting international relations; WHEREAS, an inter-agency approach is the most appropriate way of regulating the research, collection, exploitation, and use of biological and genetic resources; NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by Law and the Constitution, do hereby order: SECTION 1. Policy of the State.—It shall be the policy of the State to regulate the prospecting of biological and genetic resources so that these resources are protected and conserved, are developed and put to the sustainable use and benefit of the national interest. Further, it shall promote the development of local capability in science and technology to achieve technological self-reliance in selected areas. SEC. 2. Consent of Indigenous Cultural Communities— a. Prospecting of biological and genetic resources shall be allowed within the ancestral lands and domains of indigenous cultural communities only with the prior informed consent of such communities; obtained in accordance with the customary laws of the concerned community. b. Prospecting of biological and genetic resources shall be allowed only with the prior informed consent of the concerned local communities. SEC. 3. When Research Agreement Is Necessary—The prospecting of biological and genetic resources shall be allowed when the person, entity, or corporation, foreign or domestic, undertaking such activities, on recommendation of the Inter-Agency Committee on Biological and Genetic Resources, has entered into a Research Agreement with the Philippine government, represented by the DENR, DOH, DA, or DOST, depending on the nature and character of the prospecting activity. For purposes of this Executive Order, traditional uses of biological resources by indigenous and local communities shall not require a Research Agreement. If the research and collection of biological and genetic resources is intended, directly or indirectly, for commercial purposes, the agreement must be a Commercial Research Agreement. For purposes of this Executive Order, all Research Agreements with private persons and corporations, including all agreements with foreign or international entities, shall conform with the minimum requirements of a Commercial Research Agreement. If the prospecting of biological and genetic materials is intended primarily for academic purposes, the agreement shall be an Academic Research Agreement. Only duly-

219

LAND

recognized Philippine universities and academic institutions, domestic governmental entities, and intergovernmental entities may apply for an Academic Research Agreement. Where the Commercial or Academic Collector is merely an agent or merely collecting for another person or entity, the agreement between the Commercial Collector and the Principal must be reviewed by the Inter-Agency Body to determine the latter agreement does not undermine the substantive requirements of this Executive Order. SEC. 4. Application for Academic Research Agreement and Commercial Research Agreement.—The applicant shall first submit an application for a Research Agreement to the Inter-Agency Committee on Biological and Genetic Resources through the Protected Areas and Wildlife Bureau (PAWB). It must include a research proposal stating the purpose, source of funds, duration, and a list of biological and genetic materials and the amount to be taken. The requisites for research agreements are in Appendix B. For Academic Research Agreements, the proposal may be broader and more general in character as provided in Section 5 (m). A copy of the proposal must be submitted to the recognized head of the local Flow, flow, flow, the current of life is ever onward.— or indigenous cultural comKobodashi munity or communities that (A. Oposa) may be affected. Action on the proposal shall be made only after 60 days has lapsed after a copy of the proposal is received by the persons concerned. SEC. 5. Minimum Terms of the Commercial Research Agreement and Academic Research Agreement.—The Minimum Terms of the Commercial Research Agreement and Academic Research Agreement are as follows: a. There must be a limit on samples that the Commercial/Academic Collector may obtain and export and that the approved list and amount of the samples taken from the area must be followed strictly;

220

PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES

b. A complete set of all specimens collected shall be deposited by the Commercial/Academic Collector with the National Museum or a duly designated governmental entity; Provided, That holotypes designated by the author must be maintained at the National Museum; c. Access to collected specimens and relevant data shall be allowed to all Filipino citizens and the Philippine governmental entities whenever these specimens are deposited in depositories abroad; d. The Commercial/Academic Collector, or in appropriate cases, its Principal, must inform the Philippine government, as well as the affected local and indigenous cultural communities all discoveries from the activity conducted in the Philippines, if a commercial product is derived from such activity; e. The agreement shall include a provision for the payment of royalties to the national government, local or indigenous cultural community an individual person or designated beneficiary in case commercial use is derived from the biological and genetic resources taken. Where appropriate and applicable, other forms of compensation may be negotiated: f. There shall be a provision allowing the Philippine government to unilaterally terminate the agreement whenever the Commercial/Academic Collector has violated any of its terms. The Agreement may also be revoked on the basis of public interest and welfare; g. A status report of the research and the ecological state of the area and/or species concerned shall be submitted to the Inter-Agency Committee regularly as agreed upon; h. If the Commercial Collector or its Principal is a foreign person or entity, it must be stipulated that scientists who are citizens of the Philippines must be actively involved in the research and collection process and, where applicable and appropriate as determined by the Inter-Agency Committee, This involvement shall be at the cost of the Commercial Collector; i. The Commercial Collector and/or its Principal shall be encouraged to avail of the services of Philippine universities and academic institutions. Where applicable and appropriate, the Commercial Collector and/or its Principal shall be required to transfer equipment to a Philippine institution or entity; j. A fixed fee must be paid to the DENR in accordance with a schedule of fees formulated by the Inter-Agency Committee; k. The maximum term for a Commercial Research Agreement shall be for three years and renewable upon review by the Inter-Agency Committee; and l. In case of endemic species, there must be a statement that the technology must be made available to a designated Philippine institution and can be used commercially and locally without paying royalty to a Collector or Principal. Provided, however, That where appropriate and applicable, other agreements may be negotiated. Provided, further, that the following terms shall be considered in an Academic Research Agreement: 221

LAND

m. The Academic Research Agreement may be comprehensive in scope and cover as may areas as may be projected. It may stipulate that all scientists and researchers affiliated with a duly-recognized university, academic institution, governmental and intergovernmental entity need not apply for a different Research Agreement but may conduct research and collection activities in accordance with an existing Academic Research Agreement. In such cases, the university, academic institution and governmental entity shall ensure that all the terms and conditions of the government are complied with by the affiliated scientist or researcher. In all cases, the university institution or governmental entity must ensure that affected communities have given their prior informed consent to the activities to be undertaken; n. There must be a provision requiring the Academic Collector to apply for a commercial research agreement when it becomes clear that the research and collection being done has commercial prospects; o. A minimal fee must be paid to the Philippine government in accordance with a schedule of fees by the Inter-Agency Committee; and p. The maximum term for an Academic Research Agreement shall be for five years and renewable upon review by the Inter-Agency Committee. SEC. 6. Composition and Functions of the Inter-Agency Committee on Biological and Genetic Resources.—An Inter-Agency Committee on Biological and Genetic Resources attached to the DENR is hereby created as the regulatory body to ensure that the provisions of this Executive Order are enforced and implemented. The Inter-Agency Committee shall be composed of the following: 1. An Undersecretary of the Department of Environment and Natural Resources designated by the DENR Secretary who shall be the Chairperson of the Committee. 2. An Undersecretary of the Department of Science and Technology (DOST) designated by the DOST Secretary who shall be co-chairperson of the Committee. 3. A permanent representative of the Secretary of the Department of Agriculture, who must be knowledgeable about biodiversity or biotechnology. 4. Two permanent representatives of the Philippine science community from the academe and who must be experts in any of the following fields: biodiversity, biotechnology, genetics, natural products chemistry or similar disciplines, shall be appointed by the DOST Secretary after nominations from and consultations with the science community. 5. A permanent representative of the Secretary of the Department of Health who must be knowledgeable about pharmaceutical research and development. 6. A permanent representative of the Department of Foreign Affairs who has to facilitate international linkage relative to bioprospecting. 7. A permanent representative of the National Museum who has expertise on natural history and/or biological diversity. 8. A representative from a non-government organization (NGO) active in biodiversity protection to be selected by the NGO community through a process designed by themselves and later endorsed by the Philippine Council of Sustainable Development. 222

PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES

9. A representative from a People’s Organization (PO) with membership consisting of indigenous cultural communities and/or their organizations to be selected by the PO community through a process designed by themselves and through the endorsement of the Philippine Council for Sustainable Development. All members of the Inter-Agency Committee shall serve for a period of three years which may be renewed for another three years. In case of death, resignation, removal or other circumstance which requires the replacement of a member, said member may be succeeded by another person with the same qualifications and appointed in a similar process. The replacement shall serve the unexpired term of the member replaced. A Technical Secretariat, to be headed by the PAWB, shall be created to support the work of the Inter-Agency Committee. The Technical Secretariat shall be staffed with personnel from the PAWB and other agencies who shall be designated by the members of the Inter-Agency Committee. SEC. 7. Powers and Functions of the Inter-Agency Committee.—The InterAgency Committee shall meet at least once every quarter and shall have the following functions: a. Process applications for Research Agreements and recommend for approval thereof to the Secretary of DENR, DOH, DA, or DOST depending on the nature and character of the prospecting activity; b. Ensure that the conditions for the Research Agreements are strictly observed; c. Determine the list and amount of biological and genetic materials that may be taken from the area and ensure that these are complied with; d. Deputize and train appropriate agencies so as to ensure that no biological and genetic materials are taken from the Philippines and exported abroad except under a valid Research Agreement. It shall also be ensured that the specimens collected have been deposited in the Philippines; e. Ensure that the rights of the indigenous and local communities wherein the collection or researches are being conducted are protected, including the verification that the consent requirements in Sections 3 and 4 are complied with. The Inter-Agency Committee, after consultations with the affected sectors, shall formulate and issue guidelines implementing the provision on prior informed consent; f. Study and recommend to the President and the Congress appropriate laws on the utilization of biological and genetic resources including new laws on intellectual property rights; g. Involve local scientists in the decision making process by creating a MultiDisciplinary Advisory Body and other entities as may facilitate local involvement in the research, collection and utilization of biological and genetic resources; h. Develop a conceptual framework, using the research agreements entered into as well as other data as basis, for significantly increasing knowledge of Philippine biodiversity. The Inter-Agency Committee shall establish mechanisms to ensure the inte-

223

LAND

gration and dissemination of the information generated from research, collection and utilization activities; i. Coordinate with the National Committee on Biosafety when necessary or appropriate; j. Issue rules and regulations to effectively carry out the provisions of this Executive Order; and k. Perform such other functions as may be necessary to implement this Executive Order. All decisions of the InterAgency Committee must be by a majority of all its members. SEC. 8. Monitoring Implementation of the Research Agree“There is a tragic clash between Truth and the world. Pure undistorted truth burns up the world.” -ment.—The Protected Areas and Nikolai Berdyaev Wildlife Bureau (PAWB) of the DENR shall be the lead agency in monitoring the implementation of the research agreement. The regional offices of the DENR shall also participate in the monitoring. SEC. 9. Appeals.—Decisions of the Secretary (DENR, DA, DOH, or DOST) may be appealed to the Office of the President. Recourse to the courts shall be allowed after It is not so much for its beauty that the forest makes exhaustion of all administrative a claim upon men’s hearts, as for that subtle someremedies. thing, that quality of air that emanation from old trees, that so wonderfully changes and renews a SEC. 10. Sanctions and Peweary spirit.—Robert Louis Stevenson nalties.—Undertaking activities in (A. Oposa, Bugsuk Island) violation of this Executive Order shall be subjected to such criminal penalties as may be proper under existing laws including the National Integrated Protected Areas System Act of 1992 and the Revised Forestry Code. Failure to comply with the provisions of the Research Agreements entered into under Sections 3, 4, and 5 shall be a valid cause of immediate termination of the Agreement and the imposition of a perpetual ban on undertaking prospecting of biological and genetic resources in the Philippines. SEC. 11. Existing Researches, Contracts Agreements.—All existing research projects, where allowed under existing law, may proceed pending the negotiation and entry into force of appropriate research agreement. All valid and existing contracts and agreements entered into by the PAWB, the National Museum or other governmental 224

TREE PLANTING

entities shall remain valid and effective; Provided, That the parties shall be required to enter into a new agreement conforming to this Executive Order. SEC. 12. Official Depository.—The official depository of all original and official documents such as agreements and minutes of the meeting is the PAWB. SEC. 13. Funding.—The activities of the Inter-Agency Committee on Biological and Genetic resources shall be funded in accordance with law. Such funding, where allowed by law, may include savings coming from the appropriate and concerned Departments and proceeds from the fees imposed on the Research Agreements. SEC. 14. Effectivity.—This Executive Order and rules and regulations take effect immediately upon publication in two newspapers of general circulation and upon filing of three certified copies with the U. P. Law Center. SEC. 15. Implementing Rules and Regulations.—The implementing rules and regulations shall be formulated by the Inter-Agency Committee and signed by the Secretary of DENR not later than three “Trees give peace to the souls of men.”—Nora months after the effectivity of the Executive Waln Correspondent 1895-1964 Order. (A. Oposa) Done in the City of Manila, on this 18th day of May, 1995. Tree Planting Requiring the Planting of Trees in Certain Places (Presidential Decree No. 953) Whereas, the planting of trees on lands adjoining the edge of rivers and creeks is both a measure of beautification and reforestation; and Whereas, the planting of trees along roads and areas intended for the common use of owners of lots in subdivisions will provide shade and healthful environment therein; Now, Therefore, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: SECTION 1. The following shall plant trees: 1. Every person who owns land adjoining a river or creek shall plant trees extending at least five meters on his land adjoining the edge of the bank of the river or

225

LAND

creek, except when such land, due to its permanent improvement, cannot be planted with trees; 2. Every owner of an existing subdivision shall plant trees in the open spaces required to be reserved for the common use and enjoyment of the owners of the lots therein as well as along all roads and service streets. The subdivision owner shall consult the Bureau of Forest Development as to the appropriate species of trees to be planted and the manner of planting them; and 3. Every holder of a license agreement, lease, license or permit from the government involving occupation and utilization of forest or grazing land with a river or creek therein, shall plant trees extending at least twenty (20) meters from each edge of the bank of the river or creek. The persons hereinabove required to plant trees shall take good care of them, and, from time to time, remove any tree planted by them in their respective areas which has grown very old, is diseased, or is defective, and replant with trees their respective areas whenever necessary. SEC. 2. Every owner of land subdivided into residential/commercial/industrial lots after the effectivity of this Decree shall reserve, develop, and maintain not less than thirty percent (30%) of the total area of the subdivision, exclusive of roads, service 63 streets and alleys, as open space for parks and recreational areas. No plan for a subdivision shall be approved by the Land Registration Commission or any office or agency of the government unless at least thirty percent (30%) of the total area of the subdivision, exclusive of roads, service streets and alleys, is reserved as open space for parks and recreational areas and the owner thereof undertakes to develop such open space, within three (3) years from the approval of the subdivision plan, in accordance with the development plan approved by the Bureau of Forest Development and to maintain such parks and recreational areas. SEC. 3. Any person who cuts, destroys, damages, or injures naturally growing or planted trees of any kind, flowering or ornamental plants and shrubs, or plants of scenic, aesthetic, and ecological values, along public roads, in plazas, parks other than national parks, school premises or in any other public ground or place, or on banks of rivers or creeks, or along roads in land subdivisions or areas therein for the common use of the owners of lots therein, or any species of vegetation or forest cover found therein shall, be punished with imprisonment for not less than six months and not more than two years, or a fine of not less than Five Hundred Pesos (P500.00) and not more than Five Thousand Pesos (P5,000.00), or with both such imprisonment and fine at the discretion of the court, except when the cutting, destroying, damaging or injuring is necessary for public safety or the pruning thereof is necessary to enhance beauty, and only upon the approval of the duly authorized representative of the head of agency or political subdivision having jurisdiction therein, or of the Director of Forest Development in the case of trees on banks of rivers and creeks, or of the owner of the land subdivision in
_______________________
63

The open space requirement has been modified by B.P. Blg. 220.

226

TREE PLANTING

the case of trees along roads and in other areas therein for the common use of owners of lots therein. If the offender is a corporation, partnership or association, the penalty shall be imposed upon the officer or officers thereof responsible for the offense, and if such officer or officers are aliens, in addition to the penalty herein prescribed, he or they shall be deported without further proceedings before the Commission on Immigration and Deportation. Nothing in this Decree shall prevent the cancellation of a license agreement, lease, license or permit from the government, if such cancellation is prescribed therein or in government regulations for such offense. person who SEC. 4. Any shall violate any provision of Section 1 hereof, or any regulation promulgated thereunder, shall be punished with imprisonment for not less than six months but not more than two years, or with a fine of not less than Five Hundred Pesos (P500.00) but not more than Five Thousand Pesos (P5,000.00), or with both such imprisonment and fine at the discretion of the court. If the offender is a public officer or employee, he shall, in addition, be dismissed from the public service and disqualified per“A tree is the climax species of the plant kingdom petually to hold public office. as man is the climax species of the animal kingdom.—Anonymous SEC. 5. Any person who shall (A. Oposa) violate the provision of Section 2 hereof, or any regulation promulgated thereunder, shall be punished with imprisonment for not less than two (2) years but not more than five (5) years, or with a fine equivalent to the value, at current valuation, of the area representing thirty percent (30%) of the total area of the subdivision, or both such fine and imprisonment at the discretion of the Court. SEC. 6. The Director of Forest Development shall issue such rules and regulations as may be necessary to carry out the purposes of this Decree. SEC. 7. All laws, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed. SEC. 8. This Decree shall take effect upon its promulgation. Done in the City of Manila, this 6th day of July, 1976.

227

LAND

List of Endangered Species (DAO 2004-15) Pursuant to Sections 5 & 22 of Republic Act No. 9147 otherwise known as the Wildlife Conservation and Protection Act, the preliminary List of Threatened Wildlife, including their different categories and the List of Other Wildlife Species under the jurisdiction of DENR are hereby established. SECTION 1. Definition of Terms. —As used in this Order, the following terms shall mean as follows: 1. Threatened Species—is a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction; 2. Critically Endangered Species —refers to a species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future; 3. Endangered Species—refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating; 4. Vulnerable Species—refers to species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the “The peace of nature and of the innocent creaendangered category in the near future; tures of God seem to be secure and deep, only 5. Other Threatened Species— so long as the presence of man and his restless refers to species or subspecies that is not and unquiet spirit are not there to trouble its sanctity.” — Tomas De Quincey, “Prelimicritically endangered, endangered nor nary Confessions” (1821-56) (G. Tapan) vulnerable but is under threat from adverse factors, such as over collection, throughout their range and is likely to move to the vulnerable category in the near future; 6. Other Wildlife Species—refers to non-threatened species that have the tendency to become threatened due to predation and destruction of habitat or other similar causes as may be listed by the Secretary upon the recommendation of the National Wildlife Management Committee. 228

LIST OF ENDANGERED SPECIES

SEC. 2.

The List of Threatened Wildlife and their Categories.

A. Critically Endangered Species MAMMALS Family Bovidae Cervidae Muridae Pteropodidae Dugongidae Suidae Scientific Name Bubalus mindorensis Cervus alfredi Crateromys australis Crateromys paulus Dobsonia chapmani Dugong dugon Sus cebifrons BIRDS Family Psittacidae Bucerotidae Dicaeidae Accipitridae Cuculidae Sternidae Gruidae Columbidae Scientific Name Cacatua haematuropygia Aceros waldeni Anthracoceros montani Dicaeum quadricolor Pithecophaga jefferyi Centropus steerii Sterna bernsteini Grus antigone Phapitreron cinereiceps Gallicolumba menagei Gallicolumba keayi Gallicolumba platenae Ptilinopus arcanus Common Name Philippine Cockatoo Walden’s hornbill Sulu hornbill Cebu flowerpecker Philippine eagle Black-hooded coucal Chinese crested tern Sarus crane Tawi-tawi brown dove Sulu bleeding-heart Negros bleeding-heart Mindoro bleeding-heart Negros fruit-dove Common Name Tamaraw Visayan spotted deer Dinagat hairy-tailed cloud rat Ilin hairy-tailed cloud rat Philippine bare-backed fruit bat Dugong Visayan warty pig

229

LAND

“I am not nearly so interested in what monkey man was derived from as I am in what kind of monkey he is to become.” — Loren Eiseley (G. Tapan)

REPTILES Family Cheloniidae Bataguridae Crocodylidae Varanidae Scientific Name Eretmoche lys imbricata Heosemys leytensis Crocodylus mindorensis Varanus mabitan Common Name Hawksbill turtle Philippine pond turtle Philippine crocodile Panay monitor lizard

CITES-LISTED SPECIES (APPENDIX I) All species of fauna and flora listed under Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) B. Endangered Species MAMMALS Family Pteropodidae Cervidae Muridae Suidae Scientific Name Acerodon jubatus Nyctimene rabori Cervus calamianensis Crateromys heaneyi Sus sp. A from the Sulu Archipelago Common Name Golden-crowned fruit bat Philippine tube-nosed fruit bat Calamian deer Panay bushy-tailed cloud rat

230

LIST OF ENDANGERED SPECIES

BIRDS Family Bucerotidae Pycnonotidae Psittacidae Ciconiidae Muscicapidae Scientific Name Penelopides panini Penelopides mindorensis Hypsipetes siquijorensis (=Ixos siquijorensis ) Prioniturus verticalis Ciconia boyciana Rhinomyias albigularis Stachyris speciosa (=Dasycrotapha speciosa) Turdidae Columbidae Ardeidae Scolopacidae Copsychus cebuensis Rhyacornis bicolor Gallicolumba criniger Gorsachius goisagi Tringa guttifer REPTILES Family Cheloniidae Scientific Name Caretta caretta Chelonia mydas Lepidochelys olivacea Dermochelys coriacea Bataguridae Trionychidae Heosemys spinosa Pelochelys cantorii Common Name Loggerhead turtle Green sea turtle Olive ridley sea turtle Leatherback turtle Spiny terrapin Southeast Asian softshell Turtle Black shama Luzon water-redstart Mindanao bleeding-heart Japanese night-heron Nordmann’s greenshank Common Name Visayan tarictic hornbill Mindoro hornbill Streak-breasted bulbul (=Mottle-breasted bulbul) Blue-winged racket-tail Japanese white stork White-throated jungle flycatcher Flame-templed babbler

AMPHIBIANS Family Ranidae Scientific Name Platymantis negrosensis Platymantis polilloensis Common Name Negros forest tree frog Polillo forest tree frog

231

LAND

Family

Scientific Name Platym antis spelaeus Platymantis subterrestris

Common Name Negros limestone frog Mt. Data cloud frog

CITES-LISTED SPECIES (APPENDIX II) All species of fauna and flora listed under Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) C. Vulnerable Species MAMMALS Family Pteropodidae Scientific Name Acerodon leucotis Pteropus dasymallus Pteropus speciosus Pteropus leucopterus Muridae Archboldomys luzonensis Crateromys schadenbergi Phloeomys cumingi Batomys russatus Cervidae Manidae Erinaceidae Felidae Suidae Tragulidae Pteropodidae Cervus mariannus Manis culionensis Podogymnura aureospinula Prionailurus bengalensis Sus barbatus Sus philippensis Tragulus napu Pteropus sp. A from Mindoro Island Haplonycteris sp. A from Sibuyan Island Common Name Palawan flying fox Wooly flying fox Philippine gray flying fox White-winged fruit bat Isarog shrew-mouse Bushy tailed-cloud rat Southern Luzon giant cloud rat Dinagat hairy-tailed rat Philippine brown deer Palawan pangolin Dinagat gymnure Leopard cat Bearded pig Philippine warty pig Mouse deer

232

LIST OF ENDANGERED SPECIES

BIRDS Family Columbidae Scientific Name Ducula carola Ducula mindorensis Ptilinopus marchei Ducula pickeringii Caloenas nicobarica Ducula poliocephala Gallicolumba luzonica Ptilinopus merrilli Treron formosae Alcedinidae Ceyx melanurus Alcedo argentata Todiramphus winchelli Actenoides hombroni Muscicapidae Muscicapa randi Ficedula platenae Rhinomyias insignis Ficedula basilanica Hypothymis coelestis Campephagidae Dicaeidae Eurylaimidae Picidae Chloropseidae Pittidae Estrildidae Coracina ostenta Coracina mcgregori Dicaeum haematostictum Dicaeum retrocinctum Eurylaimus samarensis Eurylaimus steerii Picoides ramsayi Chloropsis flavipennis Pitta steerii Pitta kochi Erythrura viridifac ies Common Name Spotted imperial pigeon Mindoro imperial-pigeon Flame-breasted fruit dove Grey imperial-pigeon Nicobar pigeon Pink-bellied imperial-pigeon Luzon bleeding-heart pigeon Cream-bellied fruit dove Whistling green-pigeon Philippine dwarf kingfisher Silvery kingfisher Rufous-lored kingfisher Blue-capped kingfisher Ashy-breasted flycatcher Palawan flycatcher White-browned jungle flycatcher Little slaty flycatcher Celestial blue monarch White-winged cuckoo-shrike Mcgregor’s cuckoo-shrike Visayan flowerpecker Scarlet-collared flowerpecker Visayan broadbill Mindanao broadbill Sulu woodpecker Philippine leafbird Azure-breasted pitta Koch’s pitta Green-faced parrotfinch

233

LAND

Family Turdidae Timaliidae Phasianidae Bucerotidae

Scientific Name Zoothera cinerea Rhyacornis bicolor Ptilocichla falcate Polyplectron emphanum Anthracoceros marchei Aceros leucocephalus Buceros hydrocorax

Common Name Ashy thrush Luzon water-redstart Falcated wren-babbler Palawan peacock-pheasant Palawan hornbill Writhed hornbill Rufous hornbill Blue-headed racket-tail Green-headed racket-tailed parrot Blue-naped parrot Philippine eagle-owl Giant scops-owl Philippine hawk-eagle Grey-headed fish-eagle Streaked reed-warbler Ijima’s leaf-warbler Chinese egret Japanese yellow bunting Spoon-billed sandpiper Bristle-thighed curlew Malaysian plover Palawan hill myna Philippine duck Darter Tabon scrubfowl

Psittacidae

Prioniturus platenae Prioniturus luconensis Tanygnathus lucionensis

Strigidae Accipitridae Silviidae

Bubo philippensis Mimizuki gurneyi Spizaetus philippensis Ichthyophaga ichthyaetus Acrocephalus sorghophilus Phylloscopus ijimae Egretta eulophotes Emberiza sulphurata Eurynorhynchus pygmaeus Numenius tahitiensis Charadrius peronii Gracula religiosa Anas luzonica Anhinga melanoga ster Megapodius cumingii

Ardeidae Emberizidae Scolopacidae

Charadriidae Sturnidae Anatidae Anhingidae Megapodiidae

234

LIST OF ENDANGERED SPECIES

REPTILES Family Varanidae Scientific Name Varanus olivaceus Varanus salvator cumingi Varanus salvator marmoratus Varanus salvator nuchalis AMPHIBIANS Family Ichthyophiidae Bufonidae Ranidae Scientific Name Ichthyophis glandulosus Ichthyophis mindanaoensis Ansonia mcgregori Limnonectes magnus Platymantis hazelae Platymantis insulatus Platymantis lawtoni Platymantis rabori Rana igorota Rhacophoridae Philau tus schmackeri Common Name Basilan caecilian Mindanao caecilian Macgregor’s slender toad Mindanao fanged Frog Hazel’s forest frog Gigante island limestone frog Lawton’s forest frog Rabor’s forest frog Taylor’s igorot frog Mindoro tree frog Common Name Gray’s monitor lizard Malay monitor lizard (Mindanao population) Malay monitor lizard (Northern Philippine population) Malay monitor lizard (Central Visayas population)

D. Other Threatened Species MAMMALS Family Viverridae Cynocephalidae Cercopithecidae Pteropodidae Tarsiidae Scientific Name Arctictis binturong Cynocephalus volans Macaca fascicularis Pteropus vampyrus Tarsius syrichta Common Name Binturong Flying lemur Philippine macaque Giant flying fox Philippine tarsier 235

LAND

REPTILES Family Varanidae Agamidae Boidae Scientific Name Varanus salvator rudicollis Hydrosaurus postulatus Python reticulates Trimeresurus flavomaculatus mcgregori The List of Other Wildlife Species BIRDS Family Oriolidae Scientific Name Oriolus isabellae AMPHIBIANS Family Discoglossidae Scientific Name Barbourula busuangensis Common Name Philippine flat-headed frog Common Name Isabela oriole Common Name Rough-necked monitor Philippine sailfin Lizard Reticulated python Batanes pit viper

SEC. 3.

SEC. 4. Interpretation.—In case of conflict between the scientific name and the common name in the actual application, the scientific name shall be the controlling interpretation. SEC. 5. Species under more than one category.—In case of conflict between the enumeration of species in this Order and the CITES Appendices, the listing in this Order shall prevail. However, for conservation purposes other than the application of penalties under Section 28 of Republic Act 9147, the higher category shall apply. and SEC. 6. Review Updating of the List—The Secretary, in consultation with scientific authorities, the

“Fish say, they have their Stream and Pond; But is there anything Beyond”? — Rupert Brooke (Y. Lee)

236

AGRICULTURE

academe and other stakeholders, shall regularly review and update or as the need arises the herein list of wild fauna and flora; Provided that a species listed as threatened shall not be removed therefrom within three years following its initial listing. SEC. 7. Effectivity.—This Order shall take effect fifteen (15) days after publication in a newspaper of national circulation.

Agriculture
Agriculture and Fisheries Modernization (Republic Act 8435) SECTION 1. Short Title.—This act shall be known as the “Agriculture and Fisheries Modernization Act of 1997.” SEC. 2. Declaration of Policy.—The goals of the national economy are more equitable distribution of opportunities, income and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged. The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and effi“Agriculture is the first form of culture.”— Will Durant cient use of human and (A. Oposa) natural resources, and which are competitive in both domestic and foreign markets. In pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership. Thus, it is hereby declared the policy of the State to enable those who belong to the agriculture and fisheries sectors to participate and share in the fruits of development and growth in a manner that utilizes the nations resources in the most efficient and sustainable way possible by establishing a more equitable access to assets, income, basic and support services and infrastructure. 237

LAND

The State shall promote food security, including sufficiency in our staple food, namely rice and white corn. The production of rice and white corn shall be optimized to meet our local consumption and shall be given adequate support by the State. The State shall adopt the market approach in assisting the agriculture and fisheries sectors while recognizing the contribution of the said sector to food security, environmental protection, and balanced urban and rural development, without neglecting the welfare of the consumers, especially the lower income groups. The state shall promote marketoriented policies in agricultural production to encourage farmers to shift to more profitable crops. The state shall empower the agricultural and fisheries sector to develop and sustain themselves. Toward this end, the State shall unsure the development of the agriculture and fisheries sectors in accor“Forget not that the earth delights to feel your bare dance with the following principles: feet and the wind longs to play with your hair.”— Kahlil Gibran a. Poverty Alleviation and So(A. Oposa) cial Equity—The State shall ensure that the poorer sectors of society have equitable access to resources, income opportunities, basic and support services and infrastructure especially in areas where productivity is low as a means of improving their quality of life compared with other sectors of society; b. Food Security—The State shall assure the availability, adequacy, accessibility of food supplies to all at all times; c. Rational Use of Resources—The State shall adopt a rational approach in the allocation of public investments in agriculture and fisheries in order to assure efficiency and effectiveness in the use of scarce resources and thus obtain optimal returns on its investments; d. Global Competitiveness—The State shall enhance the competitiveness of the agriculture and fisheries sectors in both domestic and foreign markets; e. Sustainable Development—The State shall promote development that is compatible with the preservation of the ecosystem in areas where agriculture and fisheries activities are carried out. The State should exert care and judicious use of the country’s natural resources in order to attain long-term sustainability;

238

AGRICULTURE

f. People Empowerment—The State shall promote people empowerment by enabling all citizens through direct participation or through their duly elected, chosen or designated representatives the opportunity to participate in policy formulation and decision-making by establishing the appropriate mechanisms and by giving them access to information; and g. Protection from Unfair Competition—The State shall protect small farmers and fisher folk from unfair competition such as monopolistic and oligopolistic practices by promoting a policy environment that provides them priority access to credit and strengthened cooperative-based marketing system. SEC. 3. Statement of Objectives.—This Act shall have the following objectives: a. To modernize the agriculture and fisheries sectors by transforming these sectors from a resource-based to a technology-based industry; b. To enhance profits and incomes in the agriculture and fisheries sectors, particularly the small farmers and fisherfolk, by ensuring equitable access to assets, resources and services, and promoting higher-value crops, value-added processing, agribusiness activities, and agro-industrialization; c. To ensure the accessibility, availability and stable supply of food to all at all times; d. To encourage horizontal and vertical integration, consolidation and expansion of agriculture and fisheries activities, group functions and other services through the organization of cooperatives, farmers’ and fisherfolk‘s associations, corporations, nucleus estates, and consolidated farms and to enable these entities to benefit from economies of scale, afford them a stronger negotiating position, pursue more focused, efficient and appropriate research and development efforts and enable them to hire professional managers; e. To promote people empowerment by strengthening people’s organizations, cooperatives and NGO’s and by establishing and improving mechanisms and resources for their participation in government decision-making and implementation; f. To pursue a market-driven approach to enhance the comparative advantage of our agriculture and fisheries sectors in the world market; g. To induce the agriculture and fisheries sectors to ascend continuously the value-added ladder by subjecting their traditional or new products to further processing in order to minimize the marketing of raw, unfinished or unprocessed products; h. To adopt policies that will promote industry dispersal and rural industrialization by providing incentives to local and foreign investors to establish industries that have backward linkages to the country’s agriculture and fisheries resource base; i. To provide social and economic adjustment measures that increase productivity and improve market efficiency while ensuring the protection and preservation of the environment and equity for small farmers and fisherfolk; and j. To improve the quality of life of all sectors. 239

LAND

SEC. 4.

Definition of Terms.—

“Agrarian Reform Community” is a barangay at the minimum or a cluster of contiguous barangays where there is a critical mass of farmers or farm workers and which features the main thrust of agrarian development land tenure improvement and effective delivery of support services. “Agricultural Lands” refers to lands devoted to or suitable for the cultivation of the soil, planting of crops, growing of trees, raising of livestock, poultry, fish or aquiculture production, including the harvesting of such farm products, and other farm activities and practices performed in conjunction with such farming operations by persons whether natural or juridical and not classified by the law as mineral land, forest land, residential land, commercial land, or industrial land. “Agricultural Land Use Conversion” refers to the process of changing the use of agricultural land to non-agricultural uses. “Agricultural Sector” is the sector engaged in the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry, or fish, including the harvesting and marketing off such farm products, and other farm activities and practices. “Agricultural Mechanization” is the development, adoption, manufacture and application of appropriate location-specific, and cost-effective agricultural technology using human, animal, mechanical, electrical and other non-conventional sources of energy for agricultural production and post-harvest operations consistent with agronomic conditions and for efficient and economic farm management. “Agriculture and Fisheries Modernization” is the process of transforming the agriculture and fisheries sectors into one that is dynamic, technologically advanced and competitive yet centered on human development guided by the sound practices of sustainability and the principles of social justice. “Agro-Processing Activities” refers to the processing of raw agricultural and fishery products into semi-processed or finished products which include materials for the manufacture for food and/or non-food products, pharmaceuticals and other industrial products. “Banks”, collective used, means government banks and private banks, rural banks and cooperative banks. “Basic Needs Approach to Development” involves the identification, production and marketing of wage goods and services for consumption of rural communities. “Communal Irrigation System (CIS)” is an irrigation system that is managed by a bona fide Irrigators Association. “Competitive Advantage” refers to competitive edge in terms of product quality and/or price. It likewise refer to the ability to produce a product with the greatest relative efficiency in the use of resources.

240

AGRICULTURE

“Cooperatives” refers to duly registered associations of persons with a common bond of interest who have voluntarily joined together to achieve a lawful common social and economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperatives principles. “Department” refers to the Department of Agriculture. “Economic Scale “ refers to the minimum quantity of volume of goods required to be efficient. “Economies of Scale” refers to the decrease in unit cost as more units are produced due to the spreading out of fixed costs over a greater number of units produced. “Empowerment” involves providing authority, responsibility and information to people directly engaged in agriculture and fishery production, primarily at the level of the farmers, fisher folk and those engaged in food and non-food production and processing, in order to give them wider choices and enable them to take advantage of the benefits of the agriculture and fishery industries. “Extension Services” refers to the provision of training, information, and support services by the government and non-government organizations to the agriculture and fisheries sectors to improve the technical, business, and social capabilities of farmers and fisher folk. “Farmer’s and Fisherfolk’s Organizations or Associations” refer to farmers and fisherfolks cooperatives, associations or corporations duly registered with appropriate government agencies and which are composed primarily of small agricultural producers, farmers, farm, workers, agrarian reform beneficiaries, fisher folk who voluntarily join together to form business enterprises or non-business organizations which they themselves own, control and patronize. “Farm-to-Market Roads” refer to roads linking the agriculture and fisheries production sites, coastal landing points and post-harvest facilities to the market and arterial roads and highways. “Fisheries“ refers to all systems or networks of interrelated activities which include the production, growing, harvesting, processing, marketing, developing, conserving, and managing of all aquatic resources and fisheries areas. “Fisheries Sector” is the sector engaged in the production, growing, harvesting, processing, marketing, developing, conserving, and managing of aquatic resources and fisheries areas. “Fishing” refers to the application of techniques using various gear in catching fish and other fisheries products. “Fishing Grounds” refers to areas in any body of water where fish and other aquatic resources congregate and become target of capture.

241

LAND

“Food Security” refers to the policy objective, plan and strategy of meeting the food requirements of the present and future generations of Filipinos in substantial quantity, ensuring the availability and affordability of food to all, either through local production or importation, of both, based on the country’s existing and potential resource endowment and related production advantages, and consistent with the over all national development objectives and policies. However, sufficiency in rice and white corn should be pursued. “Fresh Agricultural And Fishery Products” refers to agricultural and fisheries products newly taken or captured directly from its natural state or habitat, or those newly harvested or gathered from agricultural areas or bodies of water used for aquiculture. “Global Competitiveness” refers to the ability to compete in terms of price, quality and value of agriculture and fishery products relative to those of other countries. “Gross Value-Added” refers to the total value, excluding the value of nonagricultural of fishery intermediate inputs, of goods and services contributed by the agricultural and fisheries sectors. “Head works” refers to the composite parts of the irrigation system that divert water from natural bodies of water such as river, streams, and lakes. “Industrial Dispersal” refers to the encouragement given to manufacturing enterprises to establish their plants in rural areas. Such firms normally use agricultural raw materials either in their primary or intermediate state. “Irrigable Lands” refers to lands which display marked characteristics justifying the operation of an irrigation system. “Irrigated Lands” refers to lands services by natural irrigation or irrigation facilities. These include lands where water is not readily available as existing irrigation facilities need rehabilitation or upgrading or where irrigation water is not available year-round. “Irrigation System” refers to a system of irrigation facilities covering contiguous areas. “Irrigators’ Association (IA)” refers to an association of farmers within a contiguous area served by a National Irrigation System or Communal Irrigation System. “Land Use” refers to the manner of utilizing the land, including its allocation, development and management. “Land Use Plan” refers to a document embodying a set of policies accompanied by maps and similar illustrations which represent the community-deserved pattern of population distribution and a proposal for the future allocation of land to the various land-using activities, in accordance with the social and economic objectives of the people. It identifies the location, character and extent of the area’s land resources to be

242

AGRICULTURE

used for different purposes and includes the process and the criteria employed in the determination of the land use. “Land Use Planning” refers to the act of defining the allocation, utilization, development and management of all lands within a given territory or jurisdiction according to the inherent qualities of the land itself and supportive of sustainable, economic, demographic, socio-cultural and environmental objectives as an aid to decision-making and legislation. “Main Canal” refers to the channel where diverted water from a source flows to the intended area to be irrigated. “Market Infrastructure” refers to facilities including, but not limited to, market buildings, slaughterhouses, holding pens, warehouses, market information centers, connecting roads, transport and communication and cold storage used by the farmers and fisher folk in marketing their produce. “National Information Network (NIN)” refers to an information network which links all offices and levels of the Department with various research institutions and local end-users, providing easy access to information and marketing services related to agriculture and fisheries. “National Irrigation System (NIS)” refers to a major irrigation system managed by the National Irrigation Administration. “Network of Protected Areas for Agricultural and Agro-industrial Development (NPAAD)” refers to agricultural areas identified by the Department through the Bureau of Soils and Water Management in coordination with the National Mapping and Resources Information Authority in order to ensure the efficient utilization of land for agriculture and Agro-industrial development and promote sustainable growth . The NPAAD covers all irrigated areas, all irrigable lands already covered by irrigation projects with firm funding commitments; all alluvial plain land highly suitable for agriculture whether irrigated or not; Agro-industrial crop lands or lands presently planted to industrial crops that support the viability of existing agricultural infrastructure and agro-based enterprises, highlands, areas located at an elevation of five hundred (500) meters or above and have the potential for growing semi temperate and high-value crops; all agricultural lands that are ecological fragile, the conversion of which will result in serious environmental degradation, and mangrove areas and fish sanctuaries. “On-Farm Irrigation Facilities” refers to composite facilities that permit entry of water to paddy areas and consist of farm ditches and turnouts. “Primary Processing” refers to the physical alteration of raw agricultural or fishery products with or without the use of mechanical facilities. “Post-Harvest Facilities” includes, but is not limited to , threshing, drying, milling, grading , storing, and handling of produce and such other activities as stripping, winnowing, chipping and washing.

243

”—Kakuzo Okakura income. the labor that it absorbs. “Resource Accounting” refers to a tracking changes in the environment and natural resources biophysically and economically (in monitory terms) “Resource-based” refers to the utilization of natural resources. Agro-Processing and marketing activities to help develop and modernize. “Premature Conversion of Agricultural Land” refers to the undertaking of any development activity.LAND “Post -Harvest Facilities” includes. without an approved order of conversion from the DAR. 244 . fish ports. fish landings. Agriculture provides the impetus and push for industry and services through the market that it creates. buying stations. industry and services begin to generate income and markets and concomitantly increase their share of total “Nothing is real to us but hunger. moisture meters. market infrastructure and transportation. “Shallow Tube Well (STW)” refers to a tube or shaft vertically set into the ground for the purpose of bringing ground water to the soil surface from a depth of less than 20 meters by suction lifting. the agriculture and fisheries sectors in an environmentally and socio-cultural sound manner. (M. weighing scales. “Rural Industrialization” refers to the process by which the economy is transformed from one that is predominantly agricultural to one that is dominantly industrial and service-oriented. Velas) “Strategic Agriculture and Fisheries Development Zones (SAFDZ)“ refers to the areas within the NAPAAD identified for production. “Secondary Processing” refers to the physical transformation of semi-processed agricultural or fishery products. dryers. and the income that it generates which is channeled to industry and services. threshers. with agriculture still an important sector. but it is not limited to. warehouses. ice plants and cold storage facilities. As development continues. processing plants. either the support of government. “Secondary Canal” refers to the channel connected to the main canal which distributes irrigation to specific areas. milling equipment. the results of which modify or alter the physical characteristics of the agricultural lands to render them suitable for non-agricultural purposes.

may adjust the above values as deemed necessary. 6. must have value falling under the following categories: Micro .— The Department shall. TITLE I PRODUCTION AND MARKETING SUPPORT SERVICES Chapter 1 Strategic Agricultural and Fisheries Development Zones SEC. “Technology-based” refers to utilization of technology. Declaration of Policy. whether single proprietorship.P 1. “Socio-culturally Sound” means the consideration of the social structure of the community such as leadership pattern.001 to P 60. “Zoning Ordinance” refers to a local legislation approving the development land use plan and providing for the regulations and other conditions on the uses of land including the limitation of the infrastructure that may be placed within the territorial jurisdiction of a city or municipality. in consultation with the Congressional Oversight Committee on Agricultural and Fisheries Modernization. agribusiness and/or services. SEC. identify the strategic Agriculture and Fisheries Development Zones (SAFDZ) within the 245 .000 The Department. 5. promote efficiency and equity and accelerate the modernization of the agriculture and fisheries sectors of the country.000.P15. and in consultation wit the local government units .not more than P 1. within six (6) months after the approval of this Act.000 Medium . “Small and Medium Enterprise (SME)” refers to any business activity or enterprise engaged in industry. Network of Areas for Agricultural and Agro-Industrial Development.—It is the policy of the State to ensure that all sectors of the economy and all regions of the country shall be given optimum opportunity to develop through the rational and sustainable use of resources peculiar to each area in order to maximize agricultural productivity. appropriate government agencies. ethnicity and cultural diversity of the population. the diversity of religion and other spiritual beliefs. inclusive of those arising from loans but exclusive of the land on which the particular business entity’s office.AGRICULTURE “Small Farmers and Fisherfolk” refers to natural person dependent on small-scale subsistence farming and fishing activities as their primary source of income.500. cooperative.000.000 Small .500. plan and equipment are situated. partnership or corporation whose total assets. concerned non-government organizations (NGOs)and organized farmers’ and fisherfolk‘s groups. distribution of roles across gender and age groups.001 to P 15.000.

—The Department. adequate capital and credit. b. and d. Dominant presence of agrarian reform communities (ARCs) and/or small owner-cultivators and amortizing owners/agrarian reform beneficiaries and other small farmers and fisher folk in the area. in coordination with the National Mapping and Resource Information Authority (NAMRIA) and the Housing and Land Use Regulatory Board (HLURB) shall undertake the mapping of network of areas for agricultural and agroindustrial development for all municipalities. industrial complexness. Delineation of Strategic Agriculture and Fisheries Development Zones. The BSWM may call on other agencies to provide technical and other logistical support in this undertaking . Modern Farms. 9. Strategic location of the area for the establishment of agriculture or fisheries infrastructure. Agro-climatic and environmental conditions giving the area as competitive advantage in the cultivation.LAND network of protected areas for agricultural and agro-industrial development to ensure that lands are efficiently and sustainably utilized for food and non-food production and agro-industrialization. the concerned LGU’s.— The Department. may designate agrarian reform communities (ARCs) and other areas within the SAFDZ suitable for economic scale production which will serve as model farms. the organized 246 . Farmer-landowners whose lands are located within these designated areas shall be given the option to enter into a management agreement with corporate entities with proven competence in farm operations and management. shall be identified on the basis of the following criteria a. 8.—The Department in coordination with the local government units (LGUs) and appropriate government agencies. cities and an appropriate scale. consistent with the existing laws. c. production and processing zones. human resources and environmental protection components. the Department of Environment and Natural Resources. through the Bureau of Soils and Water Management (BSWM). production and processing of particular crops. 7. the Department of Trade and Industry. marketing. SEC. in consultation with the Department of Agrarian Reform. processing. and access to markets. culture. The SAFDZ shall have an integrated development plan consisting of production. Mapping. animals and aquatic products. high-end quality production and productivity through the use of up-to-date technology and collateral resources such as skilled manpower. Strategic location and of the area for market development and market networking both at the local and international levels. SEC. SEC. Department of Science and Technology. investment. The SAFDZ which shall serve as centers where development in the agriculture and fisheries sectors are catalyzed in an environmentally and socio-cultural sound manner.

irrigable lands already covered by irrigation a projects with firm funding commitments. and administrative orders governing land use conversion. on a case-to-case basis subject to existing laws. executive orders and issuances. regulations. where applicable. in coordination with the Congressional Oversight Committee on Agricultural Committee and Fisheries Modernization. in every city and municipality. whether contiguous for not. establish and delineate based on sound resource accounting. regulations. 2) conversion may be allowed. unless due to force majeure.—Within one (1) year from the finalization of the SAFDZ.00) per hectare per year. Thereafter. shall be required to put back such lands to productive agricultural use. all cities and municipalities shall have prepared their respective land use and zoning ordinance incorporating the SAFDZ. the land owners will pay the Department the amount equivalent to the government‘s investment cost including inflation.—Any person or juridical entity who knowingly or deliberately causes any irrigated agricultural lands seven (7) hectares or larger. All irrigated lands. That thereafter 1) a review of the SAFDZ.AGRICULTURE farmers and fisher folk groups. If the cities/municipalities fail to comply with the preparation of zoning and land use plans. within the protected areas for agricultural development. unless due to force majeure. the private sector and communities shall. the land shall be subject to escheat proceedings. however. executive order and issuances. 10. In addition. exceed a period of two (2) years. shall be subject to an idle land tax of Three Thousand Pesos (P3. or a fine equivalent to one hundred percent 247 . rules. if at all. the DILG shall impose the penalty as provided for under Republic Act No. Preparation of Land Use and Zoning Ordinance. without prejudice to the development of identified economic zones and free ports. to lie idle and unproductive for a period exceeding one (1) year. That not more than five percent (5%) of the said lands located within the SAFDZ may be converted upon compliance with existing laws. specifically of the productivity of the areas. 11. rules. the SAFDZ within one (1) year from the effectivity of this Act. and efficiency and defectiveness of the support services shall be conducted by the Department and the Department of Agrarian Reform.000. and lands with existing or having the potential for growing high-value crops so delineated and included within the SAFDZ shall not be converted for a period of five (5) years front the effectivity for this Act: Provided. Any person found guilty of premature or illegal conversion shall be penalized with imprisonment of two (2) to six (6) years. the violator. and administrative orders relating to land use conversion: Provided. all land use plans and zoning ordinances shall be updated every four (4) years or as often as may be deemed necessary upon the recommendation of the Housing and Land Use Regulatory Board and must be completed within the first year of the term of office of the mayor. 3) in case of conversion. Should the continued agricultural inactivity. further. improvement of the quality of life of farmers and fisher folk.7160 SEC. Penalty for Agricultural Inactivity and Premature Conversion. SEC. as specified under Section 6 in relation to Section 9 of this Act.

and e. Backlisting. the private sector. The Agriculture and Fisheries Modernization Plan shall focus on five (5) major concerns: a. d. people’s organizations and the appropriate government agencies and offices. 13. Poverty Alleviation. Chapter 2 Agriculture and Fisheries Modernization Plan SEC. Agriculture and Fisheries Modernization Plan (AFMP). SEC. Food security. in an administrative proceedings. Consolation or withdrawal of the authorization for land use conversion.—All watersheds that are sources of water for existing and potential irrigable areas and recharge areas of major aquifers identified by the Department of Agriculture and the Department of Environment and Natural resources shall be preserves as such at all times. To create something in the image of nature is to create a machine. Sustainability. In addition. after determining. or both. c. Cayton) . in coordination with other concerned departments or agencies.—The Department. Income enhancement and profitability. and it was by learning the inner working of nature that man became a builder of machines. more perfectly automated than any automated machine. that violation of this law has been committed: a.”—Erick Hoffer (T. b. Social Equity and Income Enhancement.LAND (100%) of the government‘s investment cost. and an accessory penalty of forfeiture of the land and any improvement thereon. shall formulate and implement a medium-and long-term comprehensive Agriculture and Fisheries Modernization Plan. NGOs. especially for farmers and fisher folk. and b. shall formulate medium-and long-term plans addressing food 248 “Nature is self-made machine. Poverty alleviation and social equity. 14. Food Security. Global competitiveness. the DAR may impose the following penalties.—The Department. in consultation with the farmers and fisher folk. 12. SEC. at the discretion of the court. or automatic disapproval of pending and subsequent conversion applications that they may file with the DAR. Protection of Watershed Areas.

249 . Increase in the number of sustainable agriculture and fisheries firms engaged in domestic production. Silken Lines and Silver Hooks. c. Increase in the number of international trading partners in agriculture and fishery products. the following goals and indicators for development: a. Reduction of rural unemployment and underemployment. 1954 (M. processing. Improvement in land tenure of small farmers. social equity and income enhancement concerns based on. Increased income and profit of small farmers and fisherfolk. poverty alleviation. Velas) e. 15. c. Availability of rice and other staple foods at affordable process. quality and value of agriculture and fisheries production for domestic consumption and for exports. Increase in and wider level of entrepreneurship among farmers and fisher folk in the area. marketing and export activities. b. Increase in the volume. Increase in the number of farms engaged in diversified farming.—The Department shall formulate medium-and-longterm plans aimed at enhancing the global competitiveness and sustainability of the country in agriculture and fisheries based on. SEC.AGRICULTURE security. f. Reduction of the incidence of malnutrition. Increase in the number/types and quality of processed agricultural and fishery products. b. g. Reduction in postharvest losses. d. and h. Reduction of rural poverty and income inequality. d. but not limited to. e. and f. Global Competitiveness and Sustainability. “We ask a simple question: And that is all we wish: Are fishermen all liars? Or do only liars fish?” — William Sherwood Fox. Reduced use of agro-chemicals that are harmful to health and the environment. but not limited to. the following goals and indicators for development: a.

) and such other appropriate government agencies.—The Department shall develop the capability of monitoring the AFMP through a Program Benefit Monitoring and Evaluation System (PBMES). b. 17. m. 250 . 16. Basic needs program for the impoverished sectors of society who will be affected by liberalization. h. SEC. The Department shall make periodic reports to the Congressional Oversight Committee on Agriculture and Fisheries Modernization. Credit programs for small farmers and fisher folk. Adequate and timely response against environmental threats to agriculture and fisheries. cooperatives and entrepreneurs. Identification of SAFDZ. p. Infrastructure support to make agriculture and fisheries production inputs. S. G. Women. n. development and extension services. Indigenous peoples. information and technology readily available to farmers. Handicapped persons. Global Climate Change.LAND SEC. g. Infrastructure and market support for the SAFDZ. in coordination with the Philippine Atmospheric. 18. Programs arising from the implementation of the Agrarian Reform Program. SEC. Monitoring and Evaluation. f. c. Comprehensive and integrated agriculture and fisheries research. Strategies and programs aimed to achieve growth and profitability targets in the context of the constraints and challenges of the World Trade Organization (WTO). Access to aquatic resources by fisher folk. Rural non-farm employment. In addition. A. e. and annual productivity cycles for the purpose of forecasting and formulating agriculture and fisheries production programs. i. l. j. A. Rural youth. among other in formulating the AFMP: a.—The Department. fisherfolk. Preservation of biodiversity. k. genetic materials and the environment. weather disturbances. it can secure the services of independent consultants and external evaluators in order to assess its over-all impact. and agricultural graduates. Senior citizens. o. Special Concerns. Geophysical and Astronomical Service Administration (P. A. and q. shall devise a method of regularly monitoring and considering the effect of global climate changes.—The Department shall consider the following areas of concerns. d.

The Department of Education. and Environment and Natural Resources shall coordinate their investment programs and activities to complement the Department’s implementation of the AFMP. Declaration of Policy. Congressional initiatives shall also be coordinated by the Committees on Agriculture on both Houses to complement and enhance the programs and activities of the Department in the implementation of the AFMP. Science and Technology. Emphasis of the program shall be on proper management and utilization.—All units and agencies of the government shall support the Department in the implementation of the AFMP. the Department of Public Works and Highways shall coordinate with the Department with respect to the infrastructure support aspect of the plan order to accomplish networking of related infrastructure facilities. 19. particularly the women involved in the production. Chapter 3 Credit SEC. the Department shall. The Department of Interior and Local Government shall provide assistance to the Department in mobilizing resources under the control of local government units. provided that existing credit arrangements with agrarian reform beneficiaries are not affected. Role of Other Agencies. In particular. Culture and Sports.—It is hereby declared the policy of the State to alleviate poverty and promote vigorous growth in the countryside through access to credit by small farmers. the State enjoins the active participation of the banking sector and government financial institutions in the rural financial system.—The Department shall implement existing DCPs.AGRICULTURE SEC. within a period of four (4) years from the effectivity of this Act. The Department of Trade and Industry. the Technical Educational and Skills Development Authority. SEC. processing and trading of agriculture and fisheries products and the small and medium scale enterprises (SMEs) and industries engaged in agriculture and fisheries. fisher folk. 20. 21. Interest rates shall be determined by market forces. Phase-out of the Directed Credit Programs (DCPs) and Provision for the Agro-Industry Modernization Credit and Financing Program (AMCPP). Agrarian Reform. The departments referred above shall be required to identify in their budget proposals the allocation intended for the improvement of the environmental and other conditions affecting agriculture and fisheries. however. In this regard. phase-out all DCPs and deposit all its loanable funds including those under the Comprehensive Agricultural Loan Fund 251 . the Department of Health with the Department of Social Services and Development shall coordinate with the Department to determine the financial requirements of small farmers and fisherfolk to adjust to the effects of modernization as envisioned in the Agriculture and Fisheries Modernization Plan.

Scope of the Agro-Industry Modernization Credit and Financing Program (AMCFP). and SMEs engaged in agriculture hereinafter referred to in this chapter as the “beneficiaries” SEC. (A. storage. acquisition and repair of facilities for production. e. 252 .LAND (CALF) including new funds provided by this Act for the AMCFP and transfer the management thereof to cooperative banks . feeds and other similar items. trading. we do to our bodies. d. Trees and forests are the lungs of the earth. h. c. cooperatives. The sea and the waterways are its blood. fertilizer. Agriculture and fisheries production including possessing of fisheries and agribased products and farm inputs. Acquisition of seeds. 23. Working capital for agriculture and fisheries graduates to enable them to engage in agriculture and fisheries related economic activities. Procurement of agriculture and fisheries products for storage. communication. Interest earnings of the said deposited loan funds shall be reverted to the AMCFP. Whatever we do to the vital organs of the earth. The Land and the soil are the skin. farmers’/fisherfolk‘s organization. Construction. marketing and such other facilities in support of agriculture and fisheries. livestock. transportation. f. b.—The Agro-Industry Modernization Credit and Financing Program shall include the packaging and delivery of various credit assistance programs for the following: a. processing and trading. Oposa) g. Agribusiness activities which support soil and water conservation and ecologyenhancing activities.—An agriculture. government financial institutions and viable NGOs for the Agro-Industry Modernization Credit Financing Program (AMCFP). 22. SEC. fisheries and agrarian reform credit and financing system shall be designed for the use and benefit of farmers. farm and fishery equipment and machinery. Acquisition of water pumps and installation of tube wells for irrigation. Coverage. processing. fisher folk those engaged in food and non-food production. processing and distribution. Acquisition of work animals. rural banks. poultry.

Guarantee Fund for Small and Medium Enterprises (GFSME). and medium enterprises. Privately-funded and LGU-funded irrigation systems that are designed to protect the watershed. Agricultural Credit Policy Council. The Agriculture and Fisheries Credit Guarantee Fund shall be funded by at least ten percent (10%) of the funding allocation for the AMCFP. Rationalization of Credit Guarantee Schemes and Funds. The Agriculture and Fisheries Credit Guarantee Fund shall be managed and implemented by the Quendancor Provided. shall. Quedan and Rural Credit Guarantee Corporation. Review of the mandates of Land Bank of the Philippines Crop Insurance Corporation. SEC. further. especially to small farmers and fisherfolk. 25. SEC. focus primarily on plans and programs in relation to the financing of agrarian reform and the delivery of credit services to the agriculture and fisheries sectors. in accordance with its original mandate. local government units and rural financial institutions. and k. Working capital for long-gestating projects. 253 .—The Department of Finance shall commission and independent review of the charters and the respective programs of the Land Bank of the Philippines (LBP). That representation to the Quendancor Board shall be granted to cooperatives. j. Provided. The rationalization shall cover the credit guarantee schemes and funds operated by the Quendancor. Credit guarantees on uncollaterized loans to farmers and fisherfolks.—All existing credit guarantee schemes and funds applicable to the agriculture and fishery sectors shall be rationalized and consolidated into an Agriculture and Fisheries Credit Guarantee Fund. That credit guarantee shall be given only to small-scale agriculture and fisheries activities and to countryside micro-small. and recommend policy changes and other measures to induce the private sectors participation in lending to agriculture and to improve credit access by farmers and fisherfolk: Provided. Philippine Crop Insurance Corporation (PCIC). The review shall start six (6) months after the enactment of this Act. Quedan and Rural Credit Guarantee Corporation (Quendancor). the GFSME and the Comprehensive Agricultural Loan Fund. That agriculture and fisheries projects with long gestation period shall be entitled to a longer grace period in repaying the loan based on the economic life of the project. Thereafter. It may also cover loan guarantees for purchase orders and sales contracts.AGRICULTURE i. The Land Bank of the Philippines. the review shall make recommendations to the appropriate Congressional Committees for possible legislative actions and to the Executive Branch for policy and program changes within six (6) months after submission. and Agricultural Credit Policy Council (ACPC). 24. Guarantee Fund For Small and Medium Enterprises.

28. SEC. appropriate. Simplified Public Bidding. and efficient. Criteria for tion of appropriate scheme irrigation development shall location-specific and based the following criteria: Selection of Irrigation Development Scheme. and h.—It is the policy of the State to use its natural resources rationally and equitably. g.”— Henry Wadsworth Longfellow All irrigation projects (A. repair. Potential for increasing unit area productivity. d. rehabilitate existing irrigation systems and promote the development of irrigation systems that are effective. affordable. c. f. and efficient irrigation and water management technologies. the economic principle of comparative advantage shall always be adhered to. Declaration of Policy. Oposa) shall. appropriate . Cost-effectiveness. rehabilitation. or maintenance of irrigation projects and facilities shall follow the Commission on Audit (COA) rules on simplified public bidding. Research and Development. The Department shall coordinate with the Department of Environment and Natural Resources concerning the preservation and rehabilitation of watersheds to support the irrigation systems. Affordability. In the choice of location-specific irrigation projects. Length of gestation period. SEC. The state shall prevent the further destruction of watersheds. SEC. 29.LAND Chapter 4 Irrigation SEC. “Every dewdrop and raindrop had a whole heaven within it.—The construction. b. Recovery of operation and maintenance cost. Efficiency in water use. 26.—Irrigation Research and Development (R&D) shall be pursued and priority shall be given to the development of effective. low investment cost per unit area. be subjected to a social cost-benefit analysis. in addition to the criteria enumerated above. 254 . Sustainability and simplicity of operation. improvement. 27. Technical feasibility. e.—The Selecof be on a.

—The National Irrigation Administration (NIA) shall continue to plan. to the LGUs. The Department shall review all existing irrigation systems every four (4) years. as may be deemed necessary. 30. 35. SEC. construction. The budget for the development. within five (5) years from the effectivity of this Act. such as Shallow Tube Wells (STWs). Monitoring and Evaluation. including the transfer of NIA’s assets and resources in relation to the CIS. 34. 33. rehabilitate. design and management of CISs. operation and maintenance of the CIS and other types of irrigation systems shall be prepared by and coursed through the LGUs. Communal Irrigation Systems (CIS). 36.—The Department shall formulate and develop a plan for the promotion of a private sector-led development of minor irrigation systems. SEC. SEC. Low-Lift pumps (LLPs) and other inundation systems.—The Government shall also encourage the construction of irrigation facilities through other viable schemes for the construction of irrigation such as build-operate-transfer. Other Irrigation Construction Schemes. the plan shall be included in the Short-term Agriculture and fisheries Modernization Plan. SEC.—The Department shall monitor the implementation of R&D programs and irrigation projects. develop. and improve the NISs.—Upon effectivity of this Act. The NIA shall continue to provide technical assistance to the LGUs even after complete devolution of the Irrigation Systems to the LGUs.AGRICULTURE Irrigation projects undertaken by farmers.—To make build-operatetransfer (BOT) projects for irrigation attractive to proponents. SEC. Minor Irrigation Schemes. build-transfer and other schemes that will fast-track the development of irrigation systems. the NIA shall immediately review the ISF rates and recommend to the Department reasonable rates within six (6) months from the effectivity of this Act. to determine their viability or ineffec- 255 . farmer’s organizations and other private entities whose funding is partly or wholly acquired by way of loan from government financial institutions shall not be subject to the bidding requirements of the government. design. the NIA is mandated to gradually turn over operation and maintenance of the National Irrigation System’s secondary canals and on-farm facilities to Irrigators’ Associations SEC. the national government shall issue the need payment guarantee for BOT projects which shall answer for default of the National Irrigation Administration. It shall continue to maintain and operate the major irrigation structures including the head works and main canals. Such amounts needed to answer for the payment guarantee is hereby to be appropriated. Irrigation Service Fees (ISF). 31.—The Department shall. devolve the planning. Guarantee of the National Government. National Irrigation Systems (NIS). SEC. In addition. 32.

The NIN shall likewise link the various research institutions for easy access to data on agriculture and fisheries research and technology. 37. bureaus. SEC. Chapter 5 Information and Marketing Support Service SEC. 42. Information and Marketing Service. SEC. Declaration of Policy. SEC. 40. Supply data. particularly the women. Price and Price trends. processors. 39. SEC. provincial and municipal offices within one (1) year from the approval of this Act taking into account existing information networks and seems. 256 . cooperatives. research institutions. The Marketing Assistance System.LAND tiveness. The Department shall employ the services of independent evaluators to assess the overall impact of the country’s irrigation development . They shall likewise be given innovative support toward the generation of maximum income through assistance in marketing.—A National Information Network (NIN) shall be set up from the Department level down to the regional. 38. agencies. but not limited to. and local government units shall consolidate and continuously update all relevant information and data on a periodic basis and make such data available on the Internet. Demand data c.—The NIN shall provide information and marketing services related to agriculture an fisheries which shall include the following: a.—It is hereby declared the policy of the State to empower Filipino farmers and fisherfolk.—A market information system shall be installed for the use and benefit of. maintenance and rehabilitation of irrigation facilities as well as BOT irrigation projects shall be exempted from the scope of the election ban on public works.—The Department shall establish a National Marketing Assistance Program that will immediately lead to the creation of a national marketing umbrella in order to ensure the generation of the highest possible income for the farmers and fisher folk or groups of farmers and fisher folk. 41. SEC. Exemption from Election Ban. accurate and responsive business information and efficient trading services which will link them to profitable markets for their products. b. the LGUs and the Department.—The repair. involved in agriculture and fisheries through the provision of timely. All departments. the farmers and fisher folk. National Information Network. Coverage. matching supply and demand in both domestic and foreign markets. traders.

—The Bureau of Agricultural Statistics will serve as the central information server and will provide technical assistance to endusers in accessing and analyzing product and market information and technology. traders. Chapter 6 Other Infrastructure SEC. LGUs shall coordinate with the Department for technical assistance in order to accelerate the establishment and training of information end-users in their respective jurisdictions.—The Department shall provide technical assistance in setting -up the NIN at the local level through the cooperatives and the LGUs Provided .—The NIN shall likewise be accessible to the private sector engaged in agriculture and fisheries enterprises. key market centers. but not limited to cooperatives. 44. Agriculture and Fisheries Infrastructure Support Services. g. 257 . Initial Set-up. International. that The Department and the LGU shall also strengthen its agricultural engineering support in carrying out the smooth and expeditious implementation of agricultural infrastructure projects. SEC. 45. the Department of Trade and Industry and the LGUs shall coordinate with the Department to address the infrastructure requirements in accordance with this Act Provided. The Department of Transportation and Communications shall provide technical and infrastructure assistance to the Department in setting up the NIN. SEC. Role of Private Sector. and h.AGRICULTURE d. the Department of Transportation and Communications. 43. regional and local market forecasts. The Cooperative Development Authority shall coordinate with the Department for technical assistance in order to provide training assistance to cooperatives in the use of market information and technology.—The Department of Public Works and Highways . Product standards for both fresh and processed agricultural and fisheries projects. f. Directory of. The Department shall formulate guidelines and determine fees for private sector entities that use the NIN. That . Resource accounting data. at the local level. processors and business institutions concerned with agriculture and fisheries at the provincial and municipal levels. Research information and technology generated from research institutions involved in agriculture and fisheries. Role of Government Agencies. SEC. e. a system that will make marketing information and services related to agriculture and fisheries will be readily available in the city/municipal public market for the benefit of the producers. traders and consumers. 46.

seaports an airports are also equipped with quarantine . The DOTC shall recommend to the Philippine Ports Authority and consult with ship-owners and ship-operators in assessing the cargo-handling capabilities of cargo operators prior to extending new franchises or awards. Philippine Ports Authority and Philippine Fisheries Development Authority shall coordinate with the Department for the purpose of determining priority fishports.—For infrastructure facilities primarily benefiting private investors. kind and importance of agricultural and fisheries products produced in the area. c. SEC. Presence of agrarian reform beneficiaries and other small farmers and fisher folk in the area. b. 51.—The Department shall coordinate with the LGUs and the resident-farmers and fisher folk in order to identify priority locations of farm-to -market roads that take into account the number of farmer and fisher folk and their families who shall benefit therefrom and the amount. 47. The Department of Transportation and Communications (DOTC) shall have the mandate to cancel arrastre and cargo handling franchises among operators whom it deems inefficient and/or ineffective owing. and d.—The prioritization of government resources for rural infrastructure shall be based on the following criteria: a. Private investors include cooperatives or corporations of agriculture and fisheries producers and processors. and other post-harvest facilities needed to enhance the marketing of agriculture and fisheries products Provided.—Public Infrastructure investments shall give preference to the kind . SEC. Farm-to-Market Roads. and distribution of most commodities and should benefit the most number of agriculture and fisheries producers and processors. Private Infrastructure Facilities. seaports and airports and facilitating the installation of bulk-handling and storage facilities . SEC. Socio-economic contributions of the investments in the area. Public Infrastructure Facilities. type and model of infrastructure facilities that are cost-effective and will be useful for the production. SEC. 48. the State shall facilitate the purchase and use of such utilities and shall keep to the minimum the bureaucratic requirements for these types of investments. Public Works Act. but not limited to. conservation. a past history of under-capitalization. lack of equipment and lack of professional expertise. 49.LAND SEC. sanitary and phytosanitary centers. Criteria for Prioritization. Fishports. 258 .—The Department of Public Works and Highways shall coordinate with the Department for the purpose of determining the order of priorities for public works funded under the Public Works Act directly or indirectly affect agriculture and fisheries. 52.—The Department of Transportation and Communications. SEC. Agro-industrial potential of the area. that fishports . Seaports and Airports. Absence of public investments in the area. 50.

the appropriation for post-harvest facilities shall include the support for market vendor’ facilities.—The Department in coordination with other government agencies shall give priority and facilitate the funding of infrastructure necessary for research ventures such as farm laboratories and demonstration farms with state colleges and universities that derive their core funds from the Department . Price monitoring bulletin boards for selected commodities and weighing scales accessible to the public shall also be established. SEC. 57. to identify appropriate post-harvest facilities and technology needed to enhance agriculture and fisheries development in the area. SEC. intended to ensure the food safety and quality. 55.—The Department shall encourage the LGUs to turn over the management and supervision of public markets and abattoirs to market vendors’ cooperatives and for that purpose. The Department shall coordinate with the LGUs in the establishment of standardized market systems and use of sanitary market . 54.—The Department shall coordinate with the DPWH and the LGUs for the identification and installation of water supply system in the locality for agro-industrial uses to enhance agriculture and fisheries development in the area. 53. the Department of Public Works and Highways (DPWH). SEC. Water Supply System. All markets shall have a sanitation unit. Los Baños.—The Department shall coordinate with the Bureau of Post-Harvest for Research and Extension and the Post-harvest Horticulture. the National Electrification Administration (NEA) and the National Power Corporation (NAPOCOR) for the identification and installation of appropriate types of energy sources particularly in the use of non-conventional energy sources for the locality in order to enhance agriculture and fisheries development in the area. 56.—The Department shall coordinate with the DOTC to facilitate the installation of telecommunication facilities in priority areas. adequate lighting and ventilation and supply of electricity to ensure cleanliness and sanitation. Post-Harvest Facilities. garbage receptacles.—The Department shall coordinate with the Department of Energy (DOE). Public Market and Abattoirs. ample water supply. Proper protection and preservation of agriculture and fisheries products being sold in the market shall also be observed. All foods which require no further cooking shall be 259 . in order to enhance agriculture and fisheries development. Research and Technology Infrastructure. Rural Energy. SEC. facilities . SEC. 58.AGRICULTURE Construction of farm-to-market roads shall be a priority investment of the LGUs which shall provide a counterpart of not less than ten percent (10%) of the project cost subject to their IRA in the area. Communications Infrastructure. public toilets with lavatories. Training and Research Center of the University of the Philippines. SEC. and abattoirs. proper and adequate drainage and sewerage system. ice plants and cold storage.

distribution and marketing of food and non-food agricultural and fisheries products shall adhere to. processing. abattoirs. Powers and Functions. shall establish the Bureau of Agriculture and Fisheries Product Standards (BAFPS). importation. SEC.—The BAFPS shall set and implement standards for fresh. SEC. and the Bureau of Food and Drug Administration shall provide technical advice and form part of the pool of experts/advisers of the BAFPS. SEC. or enclosed in containers to preserve the freshness and prevent contamination. and consult with both private and governmental agencies. Formulate and enforce standards of quality in the processing. SEC. distribution. Conduct research on product standardization. Bureau of Agriculture and Fisheries Product Standards. 61. exportation. 60. Chapter 7 Products Standardization and Consumer Safety SEC. the Food and Nutrition Research Institute. labeling. within six (6) months after the approval of this act.—The BAFPS may coordinate. The Department of Trade and Industry. as well as public and private markets in order to ensure freshness. Coverage. 63. 62. storage facilities. primary-and -secondary-processed agricultural and fishery products. and c. 64. and implement the use of product standards in order to ensure consumer safety and promote the competitiveness of agriculture and fisheries products.LAND wrapped. Declaration of Policy. Pool of Experts and Advisers. seek the services of. 59. 260 . research institute. Agricultural Machinery.—It is the policy of the State that all sectors involved in the production. Selling of products on market floors shall be prohibited. and advertising of agricultural and fisheries products. educational establishments and such other individuals and entities with expertise in the field of product standards and consumer safety. and in consultation with the Department of Trade and Industry and the Bureau of Food and Drug. b.—The Department shall give priority to the development and promotion of appropriate agricultural machinery and other agricultural mechanization technologies to enhance agricultural mechanization in the countryside. preservation.—The Department. alignment of the local standards with the international standards. covered. Conduct regular inspection of processing plants. packaging.—The BAFPS shall have the following powers and functions: a. safety and quality of products. SEC.

of agriculture and fisheries education. we will love only what we understand. The State shall promote industrialization and full employment. coordinate and improve the system of implementation of academic programs that are geared toward achieving agriculture and fisheries development in the country. organized and imple- “In end. 66. 65. Teaching Children in the Visayan Sea to see the underwater) mented by the DECS with the following objectives: a. maintain and support a complete and integrated system of agriculture and fisheries education relevant to the needs of the economy.—There is hereby established an Agriculture and Fisheries Education Program. at all levels. The program shall be formulated. To unify. and d. shall establish a National Agriculture and Fisheries Education System (NAFES) which shall have the following objectives: a. we will protect only what we love. To establish. 67. 261 . to develop appropriate values that form the foundation for sustained growth in agriculture and fisheries modernization. under the NAFES specially designed for elementary and secondary levels. c. ensure sustainability and promote the global competitiveness. based on sound agriculture and fisheries development and agrarian reform. SEC.” — Baba Dioum (A.—The Commission on Higher Education (CHED).—It is hereby declared the policy of the State to give priority to education and training on science and technology in order to accelerate social progress and promote total human liberation and development. and we will understand only what we are taught. SEC. Education Program for Elementary and Secondary Levels.AGRICULTURE TITLE 2 HUMAN RESOURCE DEVELOPMENT SEC. in coordination with the Department and appropriate government agencies. the community and society. b. through industries that make full and efficient use of human and natural resources. To upgrade the quality. Declaration of Policy. To modernize and rationalize agriculture and fisheries education from the elementary to the tertiary levels. National Agriculture and Fisheries Education System (NAFES). Oposa.

regular upgrading of learning/training facilities. integration of the dual training system in the various agricultural curricula and training programs. d. The program shall include. so that more young and talented person will look at agriculture and fisheries as an acceptable option for career and livelihood. That the system shall be based on the following criteria: a. further. d. to improve the present curriculum in the elementary and secondary levels by emphasizing the core values necessary for agriculture and fisheries modernization. the following: a. integration of entrepreneurship and global competitiveness in the agrofisheries curricula. and f. SEC. development of a system for the strict enforcement of school regulations regarding standards and requirements. among others. school buildings . and f. e. 69. quantity and quality of research studies conducted. 262 . a mechanism for a flexible process of curriculum development. e. laboratory equipment. composed of qualified public and private colleges and universities. parents and schools become instruments in effecting positive changes in the pupil’s home and community. positive attitudes towards entrepreneurship and global competition in the agriculture and fisheries business. and the needs or unique requirements of the area b. the CHED shall formulate and implement a system of accreditation Provided. which shall be formulated and developed by TESDA in coordination with the appropriate government agencies and the private sector. b. That not more than one provincial institute in every province and no more than one national university in each field in every region shall be accredited as such and Provided. to develop an outreach program where students. economic contribution of agriculture and fisheries in the community. c. duly accredited as National Centers of Excellence (NCE) in the field of agriculture and fisheries. Network of National Centers of Excellence for Tertiary Education.— There is hereby established a Network of National Centers of Excellence in Agriculture and Fisheries Education. Post-Secondary Education Program. 68. institutionalizing agriculture and fisheries skills standards and technical testing and certification.LAND b. to increase the attractiveness of agriculture and fisheries education. to develop among students. c. SEC.—There is hereby established a Post-Secondary Education Program for Agriculture and Fisheries under the NAFES. to promote appreciation of science in agriculture and fisheries development. institutional accessibility. population. For this purpose.

SEC. 74. 70. the CHED shall develop a provincial-national partnership scheme for a reasonable sharing of financial support taking into account social equity factors for poor provinces. e. shall cause to be installed a computerized monitoring and evaluation system that periodically collects and regularly measures variables indicating institutional performance based on the Output-Oriented Performance Standards. the CHED shall establish a baseline information using the Output-Oriented 263 .—The LGUs shall. National Integrated Human Resource Development Plan in Agriculture and Fisheries. 73. Rationalization Plan. (2) years from the effectivity of this Act. Output-Oriented Performance Standards. SEC.—The CHED.—For the purpose of upgrading and maintaining a high decree of academic excellence in the fields of agriculture and fisheries. in coordination with the Department and appropriate government agencies. SEC. develop and implement an integrated human resource development plan in agriculture and fisheries which shall serve as an instrument that will provide over-all direction in setting priorities in curricular programs. For this purpose. SEC. quantity and quality of faculty members. and shall not be construed as to result in the decrease of the budget allocation for the state universities and colleges concerned. provide at least ten percent (10%) of the Maintenance and Other Operating Expenses (MOOE) budget for the operation of the provincial institutes within their area of responsibility.—In order to ensure the institutional accountability. enrollment. all existing public and private colleges and universities that are not hereinafter designated and accredited as centers of excellence shall be given adequate time to redirect its program to non-agriculture and/or non-fisheries areas needed by the province or region and/or merge their program with accredited NCEs in accordance with the Rationalization Plan to be jointly formulated by CHED and the Philippine Association of State Universities and Colleges (PASUC) upon consultation with the institution concerned. and investment programs. The Rationalization Plan shall include a policy for the effective utilization of affected personnel and facilities. efficiency. In consultation with the LGUs. degree of utilization of research results. 71. that are designated as centers of excellence. 72. Counterpart Funding from LGUs. there shall be formulated and developed an Output-Oriented Performance Standards which shall serve as the primary instrument for institutional evaluation. and quality. d. SEC. Evaluation System. type of facilities.—Not later than one (1) year from the effectivity of this Act. shall formulate. f. performance targets. linkage with international organizations. and potential contribution to agriculture and fisheries development in the target area. within two. all public and private universities and colleges. g.AGRICULTURE c.

the public and private universities and colleges. Culture and Sports and Technical Education and Skills Development Authority.—The Budgetary Allocation Scheme for NAFES shall be as follows: a. shall be upgraded.—To promote the development of scientific excellence and academic scholarship. Fisheries and/or Agriculture Graduates shall be conducted within one (1) year from the approval of this Act. 76. Scholarship Program.—There shall be created an Agriculture and Fisheries Board in the Professional Regulation Commission to upgrade the Agriculture and Fisheries profession. among others. in coordination with the Department and the public and private universities and colleges. the Department of Science and Technology. 78. pre-service and in-service training of teachers in Home Economics Livelihood Education (HELE) for the primary level and Technology and Home Economics (THE) for the Secondary level. Budgetary Allocation Scheme. Agriculture and Fisheries Board. shall continue and shall be modified and adjusted in succeeding years in order to meet the standards of the rationalized programs of the 264 . and the National Economic and Development Authority. the Department of Education. 75. The evaluation shall include. professors and educators in agriculture and fisheries. as well as representatives of the Department. the Department of Environment and Natural Resources. 77. shall formulate and develop a National and Integrated Continuing Agriculture and Fisheries Education Program. The first board of examination for B. all designated NCEs in agriculture and fisheries shall be subject to a third party evaluation. shall institute an output. Once every five (5) years thereafter. in cooperation with the CHED and the DBM. such scholarship program shall also provide opportunities for graduate work in foreign universities. 79. SEC. TESDA and the DBM. Those who have not passed the Civil Service Examination for Fisheries and Agriculture but have served the industry in either private or public capacity for not less than five (5) years shall be automatically granted eligibility by the Board of Examiners.S. SEC.—The Commission on Higher Education. For this purpose. which shall address the current education and training requirements of teachers.LAND Performance Standards referred to in Section 73 of this Title. SEC. management and educational experts of national stature and representatives of key sectors of the agriculture and fisheries industries. SEC. Where appropriate. that are herein designate as NCEs.—The CHED in coordination with the public and private universities and colleges. Merit System. SEC. shall develop a national scholarship program that provides opportunities for deserving academic staff to pursue advanced degrees in agriculture and fisheries.oriented unified system of promotion for the academic personnel. Continuing Agriculture and Fisheries Education Program. The current appropriation or budgets of state universities and colleges.

Oposa) in coordination with the Department of Science and Technology and other appropriate agencies and research institutions shall enhance. and their utilization and to science and technology education. the earth buries. TITLE 3 RESEARCH DEVELOPMENT AND EXTENSION Chapter 1 Research and Development SEC. but terrible. NCEs that are created under this Act shall likewise be provided with budgetary support based on their programs and a new staffing pattern as approved by DBM and shall be included in the annual General Appropriations Act. Declaration of Policy. support and consolidate the existing National Research and Development System in Agriculture and Fisheries within six (6) months from the approval of this Act. and services. the state shall support indigenous and self-reliant scientific and technological capabilities. 80.—It is hereby declared the policy of the State to promote science and technology as essential for national development and progress. b. The elements have no forbearance.”—Henry Wadsworth Longfellow . SEC. 265 “The laws of nature are just. Provided. the air consumes. Cause and consequence are inseparable and inevitable. innovation.—The Department. And perhaps it would be well for our race if the punishment of crimes against the Laws of Man were as inevitable as the punishment of crimes against the Laws of Nature—were Man as unerring in his judgments as Nature.AGRICULTURE institutions as approved by Congress and shall be included in the annual General Appropriations Act. In addition to appropriate and relevant technology. from but in close coordination with that of agriculture. The State shall likewise give priority to research and development. (A. That fisheries research and development shall be pursued separately. the water drowns. The National Research and Development System in Agriculture and Fisheries. training. 81. The fire burns. invention. and their application to the country’s productive system and national life. There is no weak mercy in them.

The budget for agriculture and fisheries research and development shall be at least one percent (1%) of the gross value added (GVA) by year 2001 allocating at least one percent (1%) of the total amount by 1999.—Research information and technology shall be communicated through the National Information Network (NIN) 266 . shall formulate the national guidelines in evaluating research and development activities and institutions. c. development and extension activities. A science fund shall be established from which the scientific community in agriculture and fisheries shall draw its financial resource for sustained career development. are encouraged to go into co-financing agreements with the private sector in the conduct of research and development provided that the terms and conditions of the agreement are beneficial to the country. SEC. funding shall be based on the following guidelines: a. in the national interest. That only the interest earnings of the funds shall be used.—Considering the nature of research. and those engaged in food and non-food production and processing including the private and public sectors. 84. The Department of Finance (DOF) in consultation with the Department shall formulate revenue enhancement measures to fund this facility. reduce cost of production . Excellence and Accountability in Research and Development. Communication of Research Results and Research-Extension Linkage. 85. Special Concerns in Agriculture and Fisheries Research Services. Allocation of multi-year budgets which shall be treated as research and development grants.—The Department. shall harmonize its merit and output-oriented promotion system governing the scientific community in order to promote increased research excellence and productivity and provide the government research system a competitive edge in retaining its scientific personnel. in collaboration with the Department of Science and Technology and other appropriate government agencies. Research institutions and centers shall enjoy autonomy and academic freedom. 82. 83. Appropriate technology shall be used to protect the environment.LAND SEC. which shall involve an independent and interdisciplinary team of collegial reviewer and evaluators. SEC. At least twenty percent (20%) shall be spent in support of basic research and not more than eighty percent (80%) shall be used for applied research and technology packaging and transfer activities. improve product quality and increase value added for global competitiveness. SEC. Funds for Research and Development. fisherfolk and their organizations. b.— Agriculture and Fisheries Research and Development activities shall be multidisciplinary and shall involve farmers. The Department and other research agencies. in collaboration with the Department of Science and Technology and other appropriate agencies. The Department. Provide. d.

The National Extension System for Agriculture and Fisheries shall be composed of three (3) subsystems: a. provided with regular updated information and shall likewise provide. 86. fisherfolk.—The delivery of agriculture and Fisheries Extension Services shall be multidisciplinary and shall involve the farmers. SEC. The national government subsystem which directly complements. 267 . SEC. 88. and their organizations and those engaged in food and non-food production and processing. Chapter 2 Extension Services SEC. It shall support the development of a national extension system that will help accelerate the transformation of Philippine agriculture and fisheries from a resource -based to a technology-based industry. Demonstration services. regardless of source of funding.—It is hereby declared the policy of the State to promote science and technology as essential for national development and progress. and training services. to promote professionalism and achieve excellence and productivity in the provision of the government extension services. The Role of Local Government Units. The private sector subsystem. through the NIN results of research and development activities and current available technology relating agriculture and fisheries.—The Department in coordination with the appropriate government agencies. d. and Information and communication support services through trimedia. 89. SEC. 90. SEC. networked .—Agriculture and Fisheries extension services shall cover the following major services to the farming and fishing community: a. The State shall give priority for the utilization of research results through formal and nonformal education.—The LGUs shall be responsible for delivering direct agriculture and fisheries extension services.AGRICULTURE All government agencies including the state colleges and universities and private educational institutions selected as NCEs shall be computerized . extension. Extension Services. Declaration of Policy. 87. including the private and public sectors. There shall be a national merit and promotion system governing all extension personnel. and c. b. The local government subsystems. The National Extension System for Agriculture and Fisheries (NESAF). b. Farm or business advisory services. Training services. shall formulate a National Extension System for Agriculture and Fisheries. Special Concerns in the Delivery of Extension services. c.

b. popularization of training materials. Degree and non-degree training programs. SEC. but the ultimate wisdom. 92. d. use of participatory approaches. Technical assistance. Role of the Private Sector in Extension. improvement of physical facilities. 268 . Extension cum research activities. b. which deals with beginnings. Man is wise and constantly in quest of more wisdom.” Sundial of the Seasons (1964) (A. information support services. and e. regenerative agricultural technologies. technical assistance. Information support services through the tri-media and electronics. agri-business and management skills. the simplest fact of the universe and at the same time the one which calls forth faith rather than reason. —The department shall encourage the participation of farmers and fisherfolk cooperatives and associations and others in the private sector in the training and other complementary extension services especially in community organizing. 91. extension cum research. c. remains locked in a seed.—Hal Borland “The Certainty-April 5. Oposa) The Department is hereby authorized to commission and provide funding for such training and extension services undertaken by the private sector. d. The Role of Government Agencies. training of LGU extension personnel. There it lies.LAND The provincial governments shall integrate the operations for the agriculture extension services and shall undertake an annual evaluation of all municipal extension programs. together with state colleges and universities shall assist in the LGU’s extension system by improving their effectiveness and efficiency through capability-building and complementary extension activities such as: a. Monitoring and evaluation of LGU extension projects.—The Department. and e. SEC. The extension program of state colleges and universities shall primarily focus on the improvement of the capability of the LGU extension service by providing: a. c.

shows that as an economy modernizes the number of workers employed in its agricultural sector declines. SEC. in coordination with the appropriate government agencies. allocation of multi-year budgets that shall be treated as grants. 96. c.processing enterprises in rural communities. b. 93. Funding for Extension Activities. Declaration of policy.—The Department in coordination with the public and private universities and colleges.—It is hereby declared the policy of the State to promote full employment. increase the income of rural workers. It is therefore necessary to formulate policies and implement programs that will employ workers efficiently in rural areas in order to improve their standard of living. Objectives. 98. promote a basic needs approach to rural development. The Department shall assist the LGU’s in the computerization of communication support services to clients and linkages to the NIN. and c. activities. allow transfer of funds from the Department to the local government units as extension grants. 97. promote rural industrialization and the establishment of agro. shall develop an integrated multimedia support for national and LGU extension programs. and reduce their propensity to migrate to urban areas.—The Department shall formulate the guidelines in evaluating extension. TITLE 4 RURAL NON-FARM EMPLOYMENT Chapter 1 SEC. 95. Economic history. SEC. Chapter 2 The Basic Needs Program SEC. which shall involve an independent and interdisciplinary team of the collegial reviewers and evaluators. 94.AGRICULTURE SEC. however. Extension Communication Support for LGU’s. shall formulate the Basic Needs Program to create employment and cushion the effect of liberalization based on the following principles: 269 . Principles.—Rural non-farm employment aims to: a. and d. and institutions.—The Department. make rural workers more adaptable and flexible through education and training. Excellence and Accountability in Extension.—Extension activities shall be supported by the following measures: a. the budget for agriculture and fisheries extension services shall be at least one percent (1%) of the gross value added (GVA) by year 2001 SEC. b.

Principles. The Board of Investments (BOI) is hereby required to give the highest priority to the grant of incentives to business and industries with linkages to agriculture. training. The normal rules of banking shall apply to all enterprises involved.related measures fund to finance education. The Cooperatives Development Authority shall encourage the establishment and growth of associations and cooperatives as vehicles for the stable expansion of basic needs enterprises. Enterprises can use training. Local government units are authorized to undertake investment and marketing missions provided that the costs of such missions are borne by the LGUs concerned. Teams composed of specialists from government agencies and the private sectors shall develop pilot programs in selected locales to establish the planning. advisory and related services of the Government free of charge. provided that existing credit arrangements with ARBs shall not be affected. No credit subsidies shall be granted. information. in consultation with the appropriate government agencies concerned. Role of Government Agencies. Participation of Government Agencies. shall provide integrated services and information to prospective enterprises under the one-stop-shop concept. implementation and evaluation procedures. and the private sector.—The appropriate government agencies. health and other welfare services for farmers and fisherfolk.LAND a. shall identify areas for industrial parks. The local government units shall bear the costs of promoting and monitoring the basic needs program for which their IRA shall be increased accordingly as recommended by the Secretary of the Department Provided. 101. b. rationalization and reallocation of their regular budgets as well as their budgets under the GATT.—The replication of the program shall be the responsibility of the local government units concerned in collaboration with the appropriate government agencies. and the Technical Education and Skills Development Authority shall coordinate with the Department and Congress in the review. The Department of Education. 100. The participation of the private sector shall be voluntary. Chapter 3 Rural Industrialization Industry Dispersal Program SEC. Department of Health. the LGUs. SEC. Culture and Sports. That the appropriate national government agencies shall continue to provide the necessary technical as well as financial assistance to the LGUs in the replication of the program.—Rural industrialization and industry dispersal programs shall be based on the interplay of market forces. 270 . In making their land use plans. 99. SEC. under the leadership of the LGUs concerned. c.

The farmers therefore. the acts follow.—Participating enterprises may request any government agency for training. SEC. 103.”—D. technical and advisory services free of cost.—Except for basic infrastructure and other goods that benefit all citizens. the Board of Investments. “Let us never forget that the cultivation of the Earth is the most important labor of man. 102. Webster (A. A set of incentives shall be given to enterprises that subcontract part of their production to farmers. are the founders of civilization. in the formulation of investments priorities for rural areas. in particular. Oposa) 271 . The Regional Wage Boards shall consult participating enterprises in this program before they issue wage orders. After tillage.AGRICULTURE The Department shall coordinate with the Department of Trade and Industry . Financing. the facilities of this program should be undertaken and financed by the private sector. fisherfolk and landless workers during periods when they are not engaged in agricultural activities. SEC. Participating Enterprises.

272 . equipment and machinery shall be for the exclusive use of the importing enterprise. Special Training Projects for Women. formulate the implementing rules and regulations governing the importation of agriculture and fishery inputs. genetic materials. within ninety (90) days from the effectivity of this Act. nature and duration of training for the above-mentioned programs. equipment and machinery.—The Department and the DENR shall organize the training of workers in coastal resources management and sustainable fishing techniques. pesticide. shall. 106. farm implements and machinery. refrigeration equipment. threshers. the task of coordinating the training is transferred to the LGUs concerned. All enterprises engaged in agriculture and fisheries as duly certified by the Department in consultation with the Department of Finance and the board of Investment. and renewable energy systems such as solar panels Provided. SEC. hybrid seeds. SEC. Role of the DENR. packaging machinery and materials. harvesting equipment. trucks. SEC.—The TLRC shall undertake field training in entrepreneurship and management of workers involved in the basic needs program. spare parts of all agricultural equipment.—The Department. That the imported agricultural and fishery inputs. but not limited to. equipment and machinery such as. in collaboration with the appropriate government agencies concerned shall plan and implement special training projects for women for absorption in the basic needs and rural industrialization programs. trailers. Taxation policies must not deter the growth of value-adding activities in the rural areas. TESDA is authorized to request the additional budgetary resources for these programs: Provided. That after a reasonable period. Role of the Technology and Livelihood Resource Center (TLRC). 105. 109. however. sprayers. tractor. be exempted from the payment of tariff and duties for the importation of all types of agriculture and fisheries inputs.—TESDA shall organize local committees that will advise on the scope. weighing scales. The Department. 104. fertilizer. 108. bulk-handling facilities such as conveyors and mini loaders. SEC. harvesters. 107. for five (5) years after the effectivity of this Act. in consultation with the Department of Finance and the Board of Investment. insecticide. shall. Role of TESDA. fishing equipment and parts thereof.LAND Chapter 4 Training of Workers SEC. TITLE 5 TRADE AND FISCAL INCENTIVES SEC.

000. In cases where the violator is a juridical entity. or a fine equivalent to two hundred percent (200%) of the value of the imported materials. Ten percent (10%) for post-harvest facilities Provided.000. research and technology infrastructure. the amount of Twenty Billion pesos (P20. and/or the resale of the imported goods shall be a prima facie evidence of the violation of the provisions of Section 109 of this Act. 4. or the authorized capital stock in case of corporations. 3. Ten percent (10%) for research and development. especially market vendors’ cooperatives. communications infrastructure. Eight percent (8%) for the implementation of the Farmer-Fisherfolk Marketing Assistance System and support of market vendors’ cooperatives. 111. 5. association and other juridical entity found circumventing the provisions of Section 109 of this Act shall suffer the penalty of imprisonment for a period of not less than six (6) months but not more than one (1) year. That the amount shall be allocated and disbursed as follows: 1. watershed rehabilitation.000. Ten percent (10%) for the Agro-industry Modernization Credit and Financing Program (AMCFP) to be deposited by the Department in participating rural-based public and private financial institutions provided that no less than fifty percent (50%) of said funds shall be deposited in rural banks in cooperative banks. farm-and -coast-to-market roads. partnership. and the accessory penalties of confiscation of the imported goods in favor of the government and revocation of the privileges given under this title. seaports. partnership. the officers responsible in the violation of Section 109 shall suffer the penalty of imprisonment prescribed in this Section. at the discretion of the court. said amount shall fund the post-harvest facilities of the market -assistance system. That if no cooperatives are operational. rural energy.00) is hereby appropriated. The importation of goods equivalent to or exceeding the declared assets of the enterprise. and airports. That the Secretary of Agriculture may invest up to fifty percent (50%) of the said amount to fund post-harvest facilities of cooperatives. Thirty percent (30%) for irrigation. 2. water supply system. corporation. 6. further. where said cooperatives exist and are operational Provided. 110. public markets and abattoirs. Ten percent (10%) for other infrastructure including fishports. GENERAL PROVISIONS SEC. 273 . Any person. or both. Initial Appropriation.AGRICULTURE SEC. The Department is hereby authorized to re-align its appropriations in the current year of the date of effectivity of this Act to conform with the requirements of this Act Provided. four percent (4%) of which shall be used to support the Biotechnology Program.—For the first year of implementation of this Act.

in the President’s Program of expenditures for submission to Congress. Department of Science and Technology (DOST). Net proceeds from the privatization of the Food Terminal Inc. Poverty alleviation Fund. SEC. and other special economic zones. Other sources of funds shall be from the following: a. and other assets of the Department that will be identified by the DA Secretary and recommended to the President for privatization. SEC. Fifty Percent (50%) of the Support Facilities and Services Fund under Republic Act No.00) for the implementation of this Act. and 12. together with the Department of Agrarian Reform (DAR). Department of Environment and Natural Resources (DENR). b. Loans. 8178. Additional funds over and above the regular yearly budget of the Department shall be sourced from twenty percent (20%) of the proceeds of the securitization of government assets.and TESDA-administered Rural Non-Farm Employment Training. or donations. Proceeds from the Minimum Access Volume (MAV) in accordance with the provisions of Republic Act No. whether from local or foreign sources.000. and release. 6657. d. c. Four percent (4%) for the National Information Network (NIN) consisting of both the national and local levels. 10. (FTI).000. 8. Five percent (5%) for capability-building of farmers and fisherfolk organizations and LGUs for the effective implementation of the agriculture and fisheries programs at the local level. Five percent (5%) for NAFES . including the Subic. Six percent (6%) for salary supplement of Extension Workers under the LGUs. the Bureau of Plant Industry (BPI).LAND 7. Fifty Percent (50%) of the net earnings of the Public Estates Authority. 112. the Bureau of Animal Industry (BAI). for the upgrading of the facilities of State Universities and Colleges that will be chosen as national center of excellence in agriculture and fisheries education. One-fourth percent (0. 274 .25%) for the identification of the SAFDZs. and g. an amount not less than Seventeen billion pesos (P17. Clark. Department of Trade and Industry (DTI). Commission on Higher Education (CHED). e. f. Department of Finance (DOF). 9. grants. 11.—The Department of Budget and Management (DBM) is hereby mandated to include annually in the next six (6) years.—The Secretary within ninety (90) working days after the effectivity of this act.000. Implementing Rules and Regulations. bequest. Continuing Appropriation. Forty percent (40%) of the TESDA Skills Development Fund.75%) for SUC. One-and-three-fourth percent (1. 113.

farmers. traveling and other necessary expenses shall be allowed. 275 . shall promulgate the rules and regulations for the effective implementation of this act. and to see them through their successful implementation. National Economic and Development Authority (NEDA). The other members shall receive no compensation: however. and in coordination with the Congressional Oversight committee on Agriculture and Fisheries Modernization. SEC. The Secretary shall submit to the Committee on Agriculture of both houses of congress copies of the implementing rules and regulations within thirty (30) days after their promulgation. the Chair and Co-Chair of the Oversight Committee. 115. Civil Service Commission (CSC). in the national. Department of Budget and Management (DBM). in consultation with other agencies concerned. provincial. Department of Social services and Development (DSSD). 114.AGRICULTURE Technical Education and Skills Development Authority (TESDA). SEC. municipal. Department of Education . who shall endeavor to have the various sectors and regions of the country represented. regional. No. Culture and sports (DECS). Powers and Functions of the Committee. and its allied concerns in both public and private sectors. to be designated respectively by the Speaker of the House and the President of the Senate. Prescribe and adopt guidelines that will govern its work. shall be respectively. six (6) members of the House of Representatives and six (6) members of the Senate. Commission on Audit (COA). Congressional Oversight Committee on Agricultural and Fisheries Modernization. 6713 otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees” and other existing administrative and/or criminal laws. The Committee shall oversee and monitor the implementation of the Congressional Commission on Agricultural Modernization (AGRICOM) recommendations as well as all programs. and sectoral development plans to recommend the disposal of assets no longer needed by the Department to fund the modernization program. fisherfolk and agribusiness organizations.—The Congressional Oversight on Agriculture and Fisheries Modernization shall have the following powers and functions: a.—A congressional Committee on Agricultural and Fisheries Modernization is hereby created to be composed of the Chairs of the Committee on Agriculture of both Houses. wherever feasible. projects and activities related to agriculture and fisheries. The Chairs of the Committees on Agriculture in the Senate and House of Representatives. Any violation of this section shall render the official/s concerned liable under Republic Act. with a view to providing all legislative support and assistance within the powers of Congress to ensure their inclusion. Department of Labor and Employment (DOLE).

117. Organize its staff and hire and appoint such employees and personnel whether temporary. and production of reports and submission of recommendations or plans as it may require. outputs. decrees. 120.000. c. an independent review panel composed of experts to be appointed by the President shall review the policies and programs in the Agriculture and Fisheries Modernization Act and shall make recommendations. d. source materials. 116. bureau. continue its information and advocacy work. SEC. SEC. Cause to be transferred to the Committee all works.—Every five (5) years after the effectivity of this Act. Automatic Review. e. preparation. 118. Repealing Clause. reports or other documents as may be necessary in the performance of its functions. Hold hearings. SEC. Effectivity. and in the event one or more of such provisions are held unconstitutional. the validity of the other provisions shall not be affected thereby. or require by subpoena duces tecum to produce before it such records. such as editing and printing all technical reports and studies as well as bibliographic cataloguing of its collection of source materials. SEC. Secure from any department. SEC. and j. Carry on the winding-up work of AGRICOM.000. funds. an initial amount of Twenty million pesos (P20.LAND b. including compensation of all personnel.00) is hereby appropriated for the Oversight Committee for the first year of its operation. supplies and equipment of AGRICOM. and assets. h. executive issuance.—All laws. subject to applicable rules. contractual or on consultancy. receive testimonies and reports pertinent to its specified concerns. Generally to exercise all the powers necessary to attain the purposes for which its created.—The provisions of this Act are hereby declared to be separable. g. 276 . 119. rules and regulations inconsistent with this Act are hereby repealed or modified accordingly.—The Committee shall submit periodic reports on its findings and make recommendations on actions to be taken by Congress and the appropriate department. Approved: 22 December 1997. f. Use resource persons from the public and private sectors as may be needed. Approve the budget for the work of the Committee and all disbursements therefrom. office or instrumentality of the Government such assistance as may be needed. and in order to carry out the objectives of this Act. Separability Clause. i. Summon by subpoena any public or private citizen to testify before it. including technical information. to the President and to both Houses of Congress. based on its findings. Periodic Reports.—This Act shall take effect thirty (30) days from the date of its publication in the Official Gazette or in at least two (2) newspapers general circulation.

Sec.” — Marcus Antoninus (A. 8. coverage of the policy. 5-6). the approval process for importation of regulated articles for direct use as food or feed. This can be further classified into three major portions that include the general provisions.—It is hereby dedeclared the policy of the State to accelerate the growth and development of agriculture in general. Declaration of Policy. Sec. the risk assessment process and the responsible officer (Sec.HIGH—VALUED CROPS Philippine Policy on Transgenics (Department of Agriculture Administrative Order No. the procedure for delisting of regulated articles (Part VI. and infallibility is mere vanity and pretense. 2002) “This is the Philippine government policy regarding “the importation and release into the environment of plants and plant products derived from the use of modern biotechnology. 1-4). separability. These comprise the confidential business information.” It is divided into 22 sections and classified into seven parts. S. These consist of the definition of terms. competencies and efficiency of agribusiness and develop high-value crops as export crops that will significantly augment the foreign exchange earnings of the country. and the effectivity (Sec. Title. Sec. 9-10). 7-8). fees. appeal. transition period. improve investment climate. through an all-out pro- “Our understandings are always liable to error. 2. The second major portion provides the procedures for different aspects of transgenics. This includes the approval process for importation of regulated articles for contained use (Part II. Sec. Oposa) 277 . the approval process for propagation of regulated articles (Part IV.” High—Valued Crops (Republic Act 7900) SECTION 1.—This Act shall be known as the “High-Value Crops Development Act of 1995. and. 15-22). outside experts and accreditation of laboratories.” SEC. and the miscellaneous provisions: The first part contains the general provisions (Part I). 11-12). repealing clause. Sec. 13-14). enhance productivity and incomes of farmers and the rural population. The remaining portion contains the miscellaneous provisions (Part VII). Nature and certainty are very hard to come at. approval and delisting procedures. the approval process for field testing of regulated articles (Part III. or for processing (Part V.

3. mango. offices. rural development. 5. carrots. broccoli. anthuriums. and cutflower and ornamental foliage plants (chrysanthemum. “Non-traditional crops”—refer to crops other than rice. rambutan. tomato. processing. farmers’ organizations/associations/cooperatives. “High-value crops (HVC)”—these are crops other than traditional crops which include. strawberry. fruit crops (citrus. coconut and sugar. pineapple. mobilization of human resources. The State shall effect an efficient use of land and other productive resources with due regard to ecological balance and environmental protection. Scope of Application. As such. cabbage. 3. durian. “Idle and abandoned land”—refers to any agricultural land not cultivated. the departments. “Forest land”—refers to the lands of the public domain which have not been declared as alienable or disposable. farmers. Definition of Terms. papaya. ginger. and watermelon). gladiolus. have the obligation to cultivate the lands they own or lease and make the land economically productive on a sustainable and environmentally friendly manner. root crops (potato and ubi). The State shall be guided by the principles that land has a social function and land ownership has a social responsibility. Comprehensive Agrarian Reform Program (CARP) beneficiaries. guava. titled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of three (3) years immediately prior to the receipt of notice of acquisition by the government as provided under the CARP. equity consideration. public forests. The State has the right to expropriate lands not utilized for the benefit of the community and the country as a whole. 278 . and to the extent herein provided. orchids. guyabano.—This Act shall cover upland dwellers as well as lowland tenants. 4. and distribution of high-value crops in suitable areas of the country. radish. forest reservations. and bird sanctuaries. legumes. community associations and farmworkers. corn.LAND motion of the production. but are not limited to: coffee and cacao. 4. jackfruit. the term: 1. subdivisions.—For purposes of this Act. lanzones. permanent forests or forest reserves. 2. cashew. indigenous and cultural communities. upland farm owners. vegetable crops (asparagus. and onion). agencies. and increased agro-industrial production for the alleviation of poverty and sustainable growth objectives. “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. SEC. mangosteen. branches or instrumentalities in the areas identified by the Department of Agriculture as key commercial crop production areas. game refuge. being stewards. and patola). timberlands. spices and condiments (black pepper. SEC. pole sitao (snap beans and garden pea). garlic. celery. bell pepper. grazing lands. owners and lessees of agricultural land. marketing. cauliflower. and statice).

D.—For the purpose of providing the funding requirements of the production. Farm Model. Other sources of funds.000 has. 717 (29 May 1975)]. 6.HIGH—VALUED CROPS SEC. including but not limited to borrowings from local and international financial institutions. whether public or private. there is hereby created a High-Value Crops Development Fund (HVCDF). 7. Farmer members shall collectively manage individual farms which includes contracting process and means of production.) in area. with an initial amount of One billion pesos (P1.—Farmer cooperatives may lease the land for a period of twenty-five (25) years. 8. shall be tapped to support the program. SEC. Site Identification. within six (6) months after the effectivity of this Act: Provided. That sixty percent (60%) of the HVCDF shall be utilized for direct lending to high-value crop producers while the remaining forty percent (40%) shall be allocated by the Department of Agriculture to guarantee loans granted by private financial institutions toward high-value crop production through existing guarantee institutions.—The Department of Agrarian Reform and the Department of Agriculture. Participating banks are hereby exempted from the compliance requirement of 64 Presidential Decree No. SEC. No. shall identify the broad areas suitable for high-valued crops production. 64 279 .000. 717: Provided. and the municipal government concerned. That they shall lend a minimum of five percent _______________________ Providing an Agrarian Reform Credit and Financing System for Agrarian Reform Beneficiaries through Banking Institutions [P. The HVCDF shall be sourced from the Comprehensive Agricultural Loan Fund (CALF) and shall be managed by the Land Bank of the Philippines (LBP) and the Development Bank of the Philippines (DBP). planning and coordinating crops varieties. shall also be considered to further support the program: Provided.000). 5. and raising breed. High-Value Crops Development Fund (HVCDF). and the establishment of low-cost credit to qualified project proponents. That such site identification shall be reviewed at appropriate intervals to ensure consistency with the agrarian reform program and the national land use policy. and processing of high-value crops. farmers may adopt the cooperative system in putting up economically-sized farms for high-value crop farming. distribution and some production measures with reference to the market it shall serve.000. Tenurial Arrangement. marketing. Said farm models may be replicated by farmers’ organizations all over the country. which is directly responsible for the management of the HVCDF. All financial institutions. SEC.—For the program. hectarage. is hereby authorized to designate the Land Bank of the Philippines and the Development Bank of the Philippines to manage the direct lending operations of the sixty percent (60%) portion of the HVCDF through LBP and DBP facilities or their conduits. in coordination with the Department of Environment and Natural Resources. and not to exceed one thousand hectares (1. The Department of Agriculture.

No. and 3.—The proponents of the program shall be entitled to the following incentives: a. The premium rates shall be set not on the basis of the performance of previous programs specifically on rice and corn.LAND (5%) of their loanable funds without alternative compliance directly to farmers’ associations or cooperatives. as amended. SEC. but not limited to. Credit assistance—the HVCDF shall be loaned out to farmers’ organizations/ associations/cooperatives composed of. c. in the form of equity. The grace period shall be determined by the gestation periods of the crops. Other sources of funds. Incentives. Crop insurance—the insurance program of the Philippine Crop Insurance Corporation (PCIC) shall be expanded to cover high-value crops. fees and charges under Title One of Book Two of 66 the Local Government Code of 1991 in accordance with Section 133(n) of the said Code. 10 October 1991. Market linkage—the Department of Agriculture. 6938 or the Cooperative Code of the Philippines. Agro-processing firms buying directly from project proponents shall be granted tax rebates. R. No. Exemption from taxes. a credit guarantee cover shall be extended by the Quedan and Rural Credit Guarantee Corporation (QUEDANCOR) which shall thereby be provided with a commensurate guarantee fund. 9. e. 11 December 1997. 2. CARP beneficiaries. including but not limited to borrowings from local and international financial institutions. b. Credit Guarantee—to enhance the bankability of projects. 7160. f. subject to the prevailing Land Bank interest rates. Tax exemption—project proponents as defined in Section 7 of this Act shall be entitled to the following tax exemptions: 1. d. 8424. in coordination with the Department of Trade and Industry. out of the HVCDF. Exemptions from taxes and duties subject to the provisions of Article 62 of Republic Act No. 280 .A. agro-processing companies. Exemption from the value-added tax in accordance with Section 103 of 65 the National Internal Revenue Code. _______________________ 65 66 R. Grace period on lease of government lands payments—project proponents shall effect payment on the lease not earlier than two (2) years after the lease agreement is signed and approved. shall link-up agribusiness cooperatives directly with consumers cooperatives.A. shall also be considered to further support the program. or exporters to provide marketing outlets and assure relatively higher and stable prices.

the Land Bank of the Philippines. respectively. sampling and inspection. infrastructure development. the Cooperative Development Authority. Technical and infrastructure support—technical support on research and extension. the Department of Science and Technology. storage and distribution/transport facilities of existing government agencies shall be facilitated. h. specifications. 11. composed of representatives from the Department of Agriculture. after public hearing and publication as required by law. Department of Science and Technology. Agribusiness Development Group. the Department of Trade and Industry. the implementing rules and regulations in order to carry out the provisions of this Act. Assistance shall be given to qualified and viable farmers/growers cooperatives in the availment of soft loans or grants for the construction of post-harvest. free of duties. The Secretary of the Department of Agriculture shall report to both Houses of Congress on the status of the High-Value Crops Development Program biannually. preservation. the Department of Agrarian Reform. Good seeds and planting materials—the Department of Agriculture. i. and the Department of the Interior and Local Government and one (1) each from the small farmers and commercial producers sectors to be designated by the Secretary of Agriculture. tests and analysis. code of practice and packaging. 10.—The agribusiness development group of the Department of Agriculture shall be strengthened to implement. units of measurement. conservation and transportation of highvalue crops. Department of Trade and Industry. the project proponents may be allowed to import. The representatives from the Department of Agriculture and the Department of Trade and Industry shall be the chairman and the vicechairman. Post harvest facilities—access to post harvest facilities. Inter-Agency Committee. of the committee. the agribusiness development group of the Department of Agriculture shall establish and enforce standards in grading. g. the Department of Environment and Natural Resources. processing and storage facilities. the Bangko Sentral ng Pilipinas. and farmers organizations shall make good seeds and materials readily available to farmers/farmers’ cooperatives to ensure high yield and good quality produce. Guidelines for the eventual transfer of ownership of these facilities to the proponent shall be formulated by the Department of Agriculture. shall formulate and prescribe. and j. However. SEC.HIGH—VALUED CROPS To ensure health and proper trading. nomenclature. coordinate 281 . Fiscal incentives—the same fiscal incentives granted by the Board of Investments shall be automatically granted to project proponents. high quality seeds/planting materials subject to quarantine laws and Section 15 of Republic Act No. financial and market information shall be provided by the Department of Agriculture.—A committee. in coordination with the state universities and colleges. 7083 or the Seed Industry Development Act of 1992. Cooperative Development Authority. state universities and colleges and other relevant government agencies. SEC. the Development Bank of the Philippines. the Department of Trade and Industry.

and i. Establish linkages with various government and private research institutions for the conduct of studies and researches designed to promote the production.LAND and monitor the program based on the rules and regulations set forth by the interagency committee. Assist in the formulation of general and specific policies for the development of high-value crops. Such amount as may be needed for the initial operating expenses of the group shall be charged to any available funds in the appropriation for current operating expenditures of the Department of Agriculture. to determine and effect a balanced distribution of high-value crops by means of inter-trading or intra-trading among the established wholesale markets. f. suitable. and economical means of transporting and/or shipping of high-value crops. through the DA-Agricultural Training Institute (ATI). b. 282 . adequate. Extend assistance in marketing and distribution of high-value crops through monitoring and dissemination of market information. Encourage the establishment of wholesale markets in identified major centers of the country: Provided. Devise and maintain a system for regularly obtaining information on current and future production. d. packaging houses. which may also serve as buying stations of farm products. Establish experimental stations and seed farms for the development of varieties suitable to the agro-climatic conditions of the area and markets that will provide greatest value added to high-value crops. their prices and movement in trade. g. pick-up points and meeting places of farmers’/growers’ cooperatives. the amount necessary for its operations shall be included in the annual General Appropriations Act. Enjoin the Department of Transportation and Communications to effect a more efficient. h. regular. e. including identification of the local supply-demand situation. That agricultural produce collection centers may also be established in areas where feasible. Conduct farmers’ training programs primarily aimed at increasing their knowledge on production technologies and on market potentials and prospects for various types of high-value crops. Thereafter. Set up the appropriate system to monitor the utilization of the HVCDF and shall furnish the Bangko Sentral ng Pilipinas regular reports on the financial institutions’ compliance to the program. domestic market matching and overseas market intelligence and promotion activities on high-value crops. it shall be tasked to perform the following functions: a. c. Aside from its usual functions. marketing and processing of high-value crops. for purposes of reducing marketing costs and ensuring stable consumer supply. the DTI or the LGU’s technicians or by contracting agriculturists and marketing specialists from private or academic institutions.

SEC. “Because we decided to plant only one crop in a certain patch of land. and eventually poisoning also the living soil. Repealing Clause. rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly: Provided. Oposa) 283 . 12. and.—If any of the provisions of this Act is declared invalid. Fertilizers and Pesticides (Presidential Decree No. moreover. SEC. decrees. whichever comes first.FERTILIZERS AND PESTICIDES SEC. improper pesticides usage presents serious risks to users. Approved: 23 February 1995. however.” (A. WHEREAS.—This Act shall take effect immediately following its publication in a newspaper of general circulation or in the Official Gazette.—All laws or parts thereof. because the bugs that prey on grains no longer have their own predator. 14. 13. the other provisions not affected thereby shall remain in full force and effect. poisoning ourselves. Thus. use chemical poison to kill them. 1144) WHEREAS. we in effect removed the interplay of predator and prey in the cycle of life. orders. we call them pests. Effectivity Clause. in the end. potential environmental contaminants. WHEREAS. fertilizer and pesticides are vital inputs in food production and must be supplied in adequate quantities at reasonable cost. there is a need to educate the agriculture sector on the benefits as well as the hazards of pesticides use so that it can utilize pesticides properly to promote human welfare while avoiding dangers to health and environmental pollution. Separability Clause. That nothing in this Act shall be construed or applied as amending the CARL and other laws on agrarian reform. WHEREAS. handlers. it is Government policy to provide adequate assistance to the agricultural sector in line with the national objective of increasing food production. and the public in general because of the inherent toxicity of these compounds which are.

I. molluscicide. storage.—The Fertilizer and Pesticide Authority. intended to control. fungicide. WHEREAS. there is an urgent need to create a technically-oriented government authority equipped with the required expertise to regulate. manufacture. protecting the public from the risks inherent in the use of pesticides. “Pesticide”—any substance or product. as amended by Presidential Decrees 517 and 669. and technical supervision by the same farm management technicians under the government‘s food production program. that such assumption is made within sixty (60) days from the effectivity of this decree. adjuvants and pesticide formulations. 517 and 669. bactericide. distribution. or mixture thereof. the Fertilizer Industry Authority was created by Presidential Decree No. control and develop both the fertilizer and the pesticide industries. formulation. 135. THEREFORE. is hereby abolished. prevent.LAND WHEREAS. defoliant. any pest. desiccant and the like. Creation of the Fertilizer and Pesticide Authority. assets and liabilities and hire such personnel of the FIA as may be determined by its Board of Directors. destroy. Definitions. control and develop the fertilizer industry but does not include the pesticide industry in its jurisdiction. dated 19 July 1974 and 11 March 1975 respectively. FERDINAND E. 284 . dated 22 February 1973. Abolition of the Fertilizer Industry Authority. transport and the storage as well as pesticide labeling. herbicide. and amended by Presidential Decree Nos.—For the purpose hereof. is hereby created and attached to the Department of Agriculture for the purpose of assuring the agricultural sector of adequate supplies of fertilizer and pesticide at reasonable prices. 3. plant regulator. transportation. SEC. rodenticide. SEC. The term shall be understood to include insecticide. The FPA shall assume such appropriations. 2. use and disposal. MARCOS. system of application in farmer’s fields. including active ingredients. do hereby decree and order the following: SECTION 1. the fertilizer and pesticides industries have much in common in terms of clientele. the terms herein below shall be understood to mean as follows: a. repel or mitigate directly or indirectly. delivery. distribution channels. Provided. dated 19 July 1974 and 11 March 1975 respectively. in order to regulate. avicide. sale. NOW. President of the Philippines by virtue of the powers vested in me by the Constitution. hereinafter referred to as the FPA.—The Fertilizer Industry Authority created under Presidential Decree 135 dated 22 February 1973. nematocide. rationalizing the manufacture and marketing of fertilizer. distribution. WHEREAS. the foregoing considerations make it desirable to have one agency to regulate fertilizer importation. WHEREAS. and educating the agricultural sector in the use of these inputs.

Bureau of Plant Industry – Member Commissioner. “Other agricultural chemicals”—shall mean chemicals. d.organic or inorganic . 2. and exercise 285 . dealers. distributors. The Board is empowered to create the positions of Administrator. fertilizer inputs.FERTILIZERS AND PESTICIDES b. 4. commercial applicators. “Tolerance level”—shall mean the maximum amount of pesticides as determined by the FPA. discipline and/or remove for cause. SEC. “Imminent hazard”—shall mean a situation which exists when the continued use of a pesticide will likely result in unreasonable adverse effects on the public and/or the environment or will involve unreasonable hazards to the survival of a species declared endangered by the appropriate authorities.or any nutrient element or elements . manufacturers. The Board shall appoint all the officers of the FPA. SEC. chemical inputs and chemical compounds not herewith covered by the definition of fertilizer and pesticide but utilized by the agricultural sector.Member The members of the Board shall elect a Vice-Chairman who shall act as Chairman in case of the absence. including the number. Deputy Administrator for Fertilizer. repackers. Secretary of Agriculture – Chairman Secretary of Industry – Member Secretary of Finance – Member Secretary of Trade – Member Governor.singly or in combination with other materials. suppliers. Deputy Administrator for Pesticides.—The FPA is empowered to determine and create its organizational structure in order to achieve its objectives. formulators. “Handlers”—shall mean exporters. 7. and retailers of fertilizers. positions and salaries of its officers and employees.solid or liquid . warehousers. inability or temporary incapacity of the Chairman. 6. Central Bank – Member President. f. Philippine National Bank – Member Director. importers. Organization. increasing crop yield or improving their quality. Food and Drug Administration . wholesalers. 5. “Fertilizer”—includes any substance . 3. pesticide and other agricultural inputs. Pollution Control Commission – Member Administrator. 9. 5. Board of Directors. 8. establish a compensation scheme including allowances and benefits working hours and such other conditions of employment as it may deem proper. 4. applied directly to the soil for the purpose of promoting plant growth. and other subordinates officials as may be required.—The powers and functions of the FPA shall be vested in and exercised by a Board of Directors which shall be composed of the following officials or their representatives: 1. e. c. which may be allowed to remain in any raw agricultural produce at any stage between harvesting and consumption.

campaign Jojo dela Victoria was murdered in his home in 5. as well as the renewal. office. 3. 2. 286 . safety in the use and handling of pesticides. 6. or any officer or employee thereof and on the private sector. To establish and impose Cebu on April 12. or cancellation of such registration or licenses and such other A. The FPA shall have the following powers and functions. Oposa and Jojo Dela Victoria tracing the source of rules and regulations as may be ammonium nitrates seized in a raid in the Island of necessary to implement this Calituban. 6. To institute proceedings against any person violating any provisions of this Decree and/or such rules and regulations as may be promulgated to implement the provisions of this Decree after due notice and hearing. Common to Fertilizers. To promote and coordinate all fertilizer and pesticide research in cooperation with the Philippine Council for Agriculture and Resources Research and other appropriate agencies to ensure scientific pest control in the public interest.—The FPA shall have jurisdiction over all existing handlers of pesticide. To call upon any department. revocation.LAND such other powers over its personnel as may be necessary for the efficient operation of the FPA. To conduct an information campaign regarding the sale and effective use of these products. To promulgate rules and regulations for the registration and licensing of handlers of these products. including governmentowned or controlled corporations. SEC. 2006. Powers and Functions. higher standards and quality of products and better application methods. bureau. I. collect fees pertaining thereto.” For his anti-illegal fishing Decree. suspension. for such information or assistance as it may need in the exercise of its powers and in the performance of its functions and duties. agency instrumentality of the government. appropriate penalties on handlers of these products for violations of any rules and regulations established by the FPA. Pesticides and Other Agricultural Chemicals 1. fertilizers and other agricultural chemical inputs. March 2004. 4.

associations or individuals as may presently exist or be organized to assists the FPA in carrying out its functions. marketing. whether importer. and to sell or convey such fertilizer or fertilizer input to any individual. 2. mark-ups. To do any and all acts not contrary to law or existing decrees and regulations as may be necessary to carry out the functions of the FPA. 9. 8. both domestic and worldwide. 4. and of the expansion of the industry. terms.FERTILIZERS AND PESTICIDES 7. modifications or repairs as may be necessary to accomplish this. compensating and sales taxes and all other taxes. of fertilizer and fertilizer industry. To delegate such selected privileges. To regulate and control quality of the different grades of fertilizer and to set new grades when necessary. 3. To make a continuous assessment of the fertilizer supply and demand situation. To approve or to reject the establishment of new fertilizer or fertilizer input plants and the expansion or contraction of existing capacities. including the utilization of ideal capacity and the orderly expansion of the industry and to compel the utilization of unused or underutilized capacities of fertilizer companies and to direct any improvement. 11. distribution channels. of inventory and working capital. to itself import and/or export such items. production. To obtain complete access to all pertinent information on the operations of the industry. To control and assist in the financing of the importation of fertilizer and fertilizer inputs of production. 5. and inventory data. by controlling and regulating prices. To establish and enforce sales quotes. 287 . cooperatives. and 8. 10. production schedules. and the corresponding duty on the imported crude. 7. and when necessary. promotion. including the negotiating and contracting of such imports and exports. To determine and set the volume and prices. both wholesale and retail. distribution areas and such other marketing regulations as may be necessary to assure market stability and viable operations in the industry. wholesaler or retailer. including audited and/or unaudited financial statements. 6. To control and regulate all aspects of domestic fertilizer production. To import fertilizer and fertilizer inputs exempt from customs duties. association. or corporation likewise exempt from the payment of customs duties and all other taxes. II. and to purchase naptha locally free from specific taxes. storage and other marketing factors in the domestic fertilizer market. To control and regulate all marketing companies. powers or authority as may be allowed by law to corporations. Fertilizers 1. To establish and implement regulations governing the import and export of fertilizer and fertilizer inputs. inventor.

delivered. including but not limited to such restrictions and controls as the imposition of price ceilings. of every handler of these products. or is causing widespread serious damage to crops. distribution.The FPA is hereby authorized to issue or promulgate rules and regulations to implement and carry out the purposes and provisions of this Decree. controls on inventories. 8. distribution. 7. 5. formulated. and sale in commercial quantities without securing from the FPA a license therefore. stored.—It shall be unlawful for any handlers of pesticides. or which registration has expired or has been suspended or revoked. the submission to the FPA of a report stating the quantity. d. To adulterate pesticides’ formulation and fertilizer grades. of such pesticides or raw materials thereof as may be in short supply. or a severe shortage in supply of pesticides. To prevent the importation of agricultural commodities containing pesticide residues above the accepted tolerance levels and to regulate the exportation of agricultural products containing pesticide residue above accepted tolerance levels. has caused. To restrict or ban the use of any pesticide or the formulation of certain pesticide in specific areas or during certain periods upon evidence that the pesticide is an imminent hazard. Power to Issue Rules and Regulations to Implement Decree. 4. 7. and other agricultural chemicals or for any farmer. To use any pesticide or pesticide formulation on crops. SEC. To deal in pesticide and/or fertilizers which have not been previously registered with FPA. To require if and necessary. To engage in any form of production. 2. the FPA is empowered to imposed such control as may be necessary in the public interest. or imminent dangers or either occurrences. To inspect the establishment and premises of pesticide handlers to endure that industrial health and safety rules and anti-pollution regulations are followed. b. repacked. To do all such things as may be necessary to maintain an adequate supply of fertilizers to the domestic market at reasonable prices while maintaining the long-term viability of the industry. value of each kind of product exported. storage.LAND 12. livestock. 288 . produced. and the environment in a manner contrary to good agricultural practice as hereinabove defined. manufactured. To determine specific use or manners of use for each pesticide or pesticide formulation. or to public health and the environment. Prohibitions Governing Sale and Use of Fertilizers and Pesticides. III. Pesticide and Other Agricultural Chemicals 1. SEC. 3. -. fertilizers. imported. or sold. Should there be any extraordinary and unreasonable increases in prices. 6. fish or livestock. planter or end-user of the same as the case may be: a. importation. To establish and enforce tolerance levels and good agricultural practice for use of pesticides in raw agricultural commodities. c.

Provided. distributed. Penalties— a. as well as a fine ranging from an amount equal to the value involved to three times such value but which in no case be less than PhP5.000. the penalty shall be imposed upon the guilty officer or officers of such corporations. association or entity.000. f. SEC. Pesticides—Any person who violates any of the provisions of this Decree or any of the Provisions of the rules and regulations issued or promulgated by the FPA on pesticide. No person shall engage in the business of exporting. fertilizer and other agricultural chemicals after due notice and hearing. formulating.00. may suspend. or other agricultural chemical shall be exported. the offender shall be imposed the maximum fine and term of imprisonment as above prescribed. sold or offered for sale. and g.00 but not more than PhP10.000. repacking. firm. fertilizer and other agricultural chemicals except under a license issued by the FPA. 10. If the violation is committed by a corporation. manufactured. Separate registrations shall be required for each active ingredient and its possible formulations in the case of pesticides or for each fertilizer grade in the case of fertilizer. To violate such other rules and regulations as may be promulgated by FPA. To mislabel or make claims which differ in substance from the representation made in connection with a product’s registration or from its actual effectiveness. stored.000.00 but not more than PhP10. or modify the registration of any pesticide. Registration and Licensing. by imprisonment of not less than 10 years and 1 day or more than 15 years if the amount involved is PhP10. the simultaneous purchase of pesticide or other agricultural chemical inputs and vice-versa. that if the violation is commit- 289 . revoke. partnership.000. storing. distributing. 9.00 by other violations where the amount involved cannot be determined. supplying. To impose as a condition for the purchase of fertilizer.00 or less.—No pesticides. imported. b. by a fine of PhP5. manufacturing.00. shall be liable to a penal servitude of not in excess of one year or a fine of PhP5. firm. association or any other entity.000. Fertilizer—Any person who violates any of the provisions of this Decree or nay of the provisions of the rules and regulations issued or promulgated by the FPA on Fertilizer shall be punished by imprisonment of not less than 15 years and 1 day or more than 20 years if the amount involved is more than PhP50.00 provided. selling. cooperative. marketing. of any pesticide. fertilizer. The FPA. transported. SEC. delivered for transportation or used unless it has been duly registered with the FPA or covered by a numbered provisional permit issued by FPA for use in accordance with the conditions as stipulated in the permit.000. importing.000.FERTILIZERS AND PESTICIDES e. formulated. partnership. commercially applying. that if falsification of a public or commercial document is committed by reasons or on the occasion of the commission of any of the acts punishable herein.00 nor more than PhP20. in the pursuit of its duties and functions.

Separability Clause.—All laws. ordinances. Approved. 15. SEC. 11. Life of FPA. such sums as may be necessary in the General Appropriations Decree. 12.—The provisions of this Decree are hereby declared to be separable. it will in the end not produce food either. donations. Any provision of existing law to the contrary notwithstanding. decrees.—The sum of One Million and Two Hundred Thousand (1. or contributions from any entity and retain such funds for its operation. subsidies. SEC. in addition to what has been appropriated for the Fertilizer Industry Authority for the Calendar Year 1977. rules and regulations which are inconsistent with the provisions of the Presidential Decree are hereby repealed.” — Joseph Woodkrutch 290 . association or any other entity. partnership. 14. and in the event any one or more of such provisions are held unconstitutional. cooperative. amended or modified accordingly.LAND ted by a corporation. SEC. For every calendar year thereafter. “If we do not permit the Earth to produce beauty and joy. 13. Effectivity. SEC. SEC. be released out of any funds in the National Treasury not otherwise appropriated. firm. the FPA may impose fees or receive grants.2 Million) Pesos shall. Appropriation. executive orders.—The FPA shall constitute itself immediately and shall continue to exist until and unless abolished by the President of the Philippines. the validity of other provisions shall not be affected. Repealing Clause.—This Decree shall take effect upon approval. acts. the penalty shall be imposed upon the guilty officials or officers of such entities.

3. the following terms shall be defined as follows: a. Senescent coconut trees are coconut trees which are already over age. it becomes mandatory for the government to step in and regulate the unabated and indiscriminate cutting of coconut trees. b. and no longer productive. Definition of Terms. e. d. Declaration of Policy. it is hereby declared the policy of the State to provide for the growth of the industry by embarking on a sustainable and efficient replanting program SEC.COCONUT CUTTING Coconut Cutting (Republic Act 8048) Regulating the Cutting of Coconut Trees SECTION 1. “Coconut—The Tree of Life.—this act shall be known as the “Coconut Preservation Act of Sunrise in Bantayan Island. —Considering the importance of the coconut industry in nation building being one of the principal industries and one of the largest income earners of the country. weak. SEC. 1995. Economically unproductive farm refers to a coconut area where the cost of farm production and maintenance is greater than the generated proceeds or income for a period of at least three (3) years. 2. Prohibition.” (A. Permit refers to the written authorization of the PCA allowing the cutting of coconut trees. 4. Oposa) c.— For purposes of this Act. Coconut tree refers to a tall pinnate-leaved palm bearing a large edible fruit called the coconut. For reasons of national interest.—No coconut tree shall be cut except in the following cases and only after a permit had been issued therefore: 291 .” Title. SEC. Replanting program refers to the program formulated by the Philippine Coconut Authority (PCA) to replenish the coconut trees which have been permitted to be cut by the PCA.

on-the-spot inspections of the sites where the coconut trees have been planted.LAND a.00) in favor of the municipal government concerned. commercial or industrial areas.—No coconut tree or trees shall be cut unless a permit therefore. Ten pesos (P 10. When the land devoted to coconut production shall be converted into other agricultural uses or other agriculture-related activities in pursuance to a conversion duly applied for by the owner and approved by the proper authorities: Provided. has already planted the equivalent number of coconut trees applied for to be cut. fertilization and care of the newly planted coconut trees. For this purpose. Such replantings. When the tree is sixty (60) years old. That DO conversion shall be allowed by the PCA until after it shall have been verified and certified that for a period of at least three (3) years the majority of the coconut trees have become senescent and economically unproductive or where the coconut farm is not adaptable to sound management practices on account of geographical location. however. it shall be incumbent upon the PCA to conduct. When the tree is disease-infested. in coordination with the PCA and the local government unit concerned. into other agricultural purposes. f. and five pesos (P5. No other causes other than those abovementioned shall be considered as a valid ground for cutting. When the tree is no longer economically productive. The fees shall be used for the PCX s replanting program and for the repair and rehabilitation of roads of the respective local government units which have been damaged by the passage of heavy vehicles used for transporting coconut lumber. Permit to Cut. When the tree would cause hazard to life and property. and g. has been issued by the PCA pursuant to Section 6 of this Act. shall regulate and oversee the planting. in coordination with the local government unit concerned. The PCA. b. The applicant shall pay an application fee in the amount of twenty-five pesos (P25. c. shall not apply to areas converted into industrial. commercial or residential sites or land transformed in accordance with law. When the agricultural land devoted to coconut production shall have been converted in accordance with law into residential. SEC. from time to time.00) for every tree intended to be cut payable to the PCA. drainage and other conditions rendering the farm economically unproductive. topography. When the tree is damaged by typhoon or lightning. e. 5.00) of the fee shall accrue in favor of the PCA. d.00) in favor of the barangay unit concerned. ten pesos (P10. upon due application being made. 292 . No permit to cut shall be granted unless the applicant.

to monitor and ensure compliance with this Act including its implementing rules and regulations. Implementing Rules. the PCA may deputize the Philippine National Police or other law enforcement agencies to investigate and apprehend those caught violating the provisions of this Act. the official who ordered or allowed the commission of the offense shall be punished with the same penalty.COCONUT CUTTING SEC.000) but not more than Five Hundred Thousand Pesos (P500. or a fine of not less than Fifty Thousand Pesos (P50.—If any part or section of this Act is declared unconstitutional. In addition to the foregoing. may request the assistance of any local government unit. the (T. 8.000). SEC. in order to effectively implement the provisions of this Act. be dismissed from office. including the confiscation of illegally cut trees. coconut wood dealers and other persons or entities dealing in the processing. Authority to Cut. The PCA. If the offender is a corporation or a juridical entity. For this purpose.— The Philippine Coconut Authority shall be the lead agency to implement the provisions of this Act. “Everything in life is speaking in spite of its apparent silence. 7. require the registration of all sawmills.” — Hazrat Inayat Khan 293 . upon conviction. The authority may be delegated to the city or municipal mayors as the PCA may determine. SEC. 6. Separability Clause. be punished by imprisonment of not less than one (1) year but not more than six (6) years. in coordination with the local government unit concerned. or both in the discretion of the court.—The Philippine Coconut Authority shall have the exclusive authority to grant permit for the cutting of coconut trees. lumberyards. For this purpose.—Those found guilty of violating this Act or any rules and regulations issued pursuant hereto shall. in addition. the Philippine Coconut Authority shall prescribe the necessary rules and regulations for the immediate and effective implementation of this Act. sawing of the coconut trees. Penalties. SEC. If the offender is in die government service. he shall. such declaration shall not affect the other parts or sections of this Act. Cayton) PCA shall also. 9.

1995.LAND SEC. SEC. maintaining. stud farm or stock farm or zoo for the breeding. clean and sanitary and will not be used for. kennel. maintain and operate any pet shop. No person. keeping. June 7. association.—This Act shall take effect upon its approval. The certificate shall be issued upon proof that the facilities of such establishment for animals are adequate. (1) year unless earlier cancelled for (G.” — Jacques cate shall be valid for a period of one Deval. Animal Welfare (Republic Act 8485) SECTION 1. 11. 10.—All laws. partnership. SEC. For purposes of this Act. The certifiloved the birds and invented cages. sale or trading. or training of animals without first securing from the Bureau of Animal Industry a certificate of registration therefore. treatment. 294 . Man suffering to the animals. stockyard. corporation. corral. veterinary hospital. rules and regulations inconsistent with any provisions of this Act shall be deemed repealed or modified accordingly. 2. veterinary clinic. Approved: Effectivity Clause. It is the purpose of this Act to protect and promote the welfare of all animals in the Philippines by supervising and regulating the establishment and operations of all facilities utilized for breeding. The Bureau shall charge reasonable fees for the issuance or renewal of such certificate. pet animal shall include birds. Tapan) just cause before the expiration of its term by the Director of the Bureau of Animal Industry and may be renewed from year to year upon compliance with the conditions imposed hereunder. executive orders. Repealing Clause. nor cause pain and/or “God loved the birds and invented trees. presidential decrees. cooperative or any government agency or instrumentality including slaughter houses shall establish. treating or training of all animals either as objects of trade or as household pets.

Such guidelines shall be reviewed by the Committee every three (3) years from its implementation or whenever necessary. and that they will not be used for nor cause pain and/or suffering to the animals is a continuing requirement for the operation of these establishments. SEC. corrals. if not totally eradicate. It shall be the duty of any owner or operator of any land. treated. duties. or kept either for sale or trade or for training as well as the transport of such animals in any form of public or private transportation facility in order to provide maximum comfort while in transit and minimize. placing of animals in the trunks or under the hood trunks of the vehicles. The Bureau may revoke or cancel such certificate of registration for failure to observe these conditions and other just causes. SEC. operation and maintenance of pet shops. Any form of cruelty shall be penalized even if the transporter has obtained a permit from the Bureau of Animal Industry. The Department of Interior and Local Government (DILG). No public utility shall transport any such animal without a written permit from the Director of the Bureau of Animal Industry or his/her authorized representative. wildlife and all other animals to provide in all cases adequate. The Committee shall be composed of the official representatives of the following: 1. clean and sanitary. including the setting of safety and sanitary standards. The Director may call upon any government agency for assistance consistent with its powers. subject to the approval of the Secretary of the Department of Agriculture. There is hereby created a Committee on Animal Welfare attached to the Department of Agriculture which shall. kennels. SEC. Cruelty in transporting includes overcrowding. 295 . 4. The Director of the Bureau of Animal Industry shall supervise and regulate the establishment. within thirty (30) calendar days following its approval. veterinary clinics. issue the necessary rules and regulations for the strict implementation of the provisions of this Act. stud farms and zoos and any other form or structure for the confinement of animals where they are bred. and responsibilities for the purpose of ensuring the effective and efficient implementation of this Act and the rules and regulations promulgated thereunder. 3. stockyards. incidence of sickness and death and prevent any cruelty from being inflicted upon the animals. They shall provide sufficient food and water for such animals while in transit for more than twelve (12) hours or whenever necessary. 5. air or water public utility transporting pet. It shall be the duty of such government agency to assist said Director when called upon for assistance using any available fund in its budget for the purpose. veterinary hospitals.ANIMAL WELFARE The condition that such facilities be adequate. maintained. No cruel confinement or restraint shall be made on such animals while being transported. clean and sanitary facilities for the safe conveyance and delivery thereof to their consignee at the place of consignment.

10. or maltreat any animal or to subject any dog or horse to dogfights or horsefights. Philippine Society of Animal Science (PSAS). sustenance or shelter. The Committee shall be chaired by a representative coming from the private sector and shall have two (2) vice-chairpersons composed of the representative of the BAI and another from the private sector. 7. 2. goats. rabbits. Philippine Animal Hospital Association of the Philippines (PAHA). Culture and Sports (DECS). Philippine College of Canine Practitioners (PCCP). Philippine Society for the Prevention of Cruelty to Animals (PSPCA).LAND 2. 9. 4. horses. 3. 6. Bureau of Animal Industry (BAI) of the Department of Agriculture (DA). National Meat Inspection Commission (NMIC) of the DA. The Committee shall meet quarterly or as often as the need arises. or maltreat or use the same in research or experiments not expressly authorized by the Committee on Animal Welfare. poultry. The Committee members shall not receive any compensation but may receive reasonable honoraria from time to time. Philippine Society of Swine Practitioners (PSSP). to neglect to provide adequate care. deer and crocodiles is likewise hereby declared unlawful except in the following instances: 1. 11. Philippine Veterinary Medical Association (PVMA). Philippine Animal Welfare Society (PAWS). 5. The killing of any animal other than cattle pigs. When it is done as part of the religious rituals of an established religion or sect or a ritual required by tribal or ethnic custom of indigenous cultural communities. 3. however. When the killing is deemed necessary to put an end to the misery suffered by the animal as determined and certified by a duly licensed veterinarian. Agriculture Training Institute (ATI) of the DA. Protected Areas and Wildlife Bureau (PAWB) of the Department of Environment and Natural Resources (DENR). 13. and 14. 296 . leaders shall keep records in cooperation with the Committee on Animal Welfare. sheep. SEC. kill or cause or procure to be tortured or deprived of adequate care. 6. 12. Veterinary Practitioners Association of the Philippines (VPAP). sustenance or shelter. It shall be unlawful for any person to torture any animal. Department of Education. carabaos. When the pet animal is afflicted with an incurable communicable disease as determined and certified by a duly licensed veterinarian. 8.

“Bowed by the weight of centuries he leans upon his hoe and gazes on the ground. Any person who violates any of the provisions of this Act shall. SEC. rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly. In all the above mentioned cases. and 7. sheep. pigs. he or she shall be immediately deported after service of sentence without any further proceedings. It shall be the duty of every person to protect the natural habitat of the wildlife. Oposa) 297 .000.” — Edwin Markham (A. horses. poultry. If the violation is committed by an alien. Any other ground analogous to the foregoing as determined and certified licensed veterinarian. All laws. 6. acts. and on his back the burden of the world. carabaos. 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.000. the emptiness of ages in his face.00) or both at the discretion of the Court. If the violation is committed by a juridical person. decrees. humane procedures shall mean the use of the most scientific methods available as may be determined and approved by the committee. SEC.00) nor more than Five thousand pesos (P5. upon conviction by final judgment. 7. deer and crocodiles the killing of the animals shall be done through humane procedures at all times. For this purpose. goats. 8. rabbits. When it is done to prevent an imminent danger to the life or limb of a human 5. being. When done for the purpose of animal population control. the officer responsible therefore shall serve the imprisonment when imposed. executive orders. When the animal is killed after it has been used in authorized research or experiments.ANIMAL WELFARE 4. 9. Only those procedures approved by the Committee shall be used in the killing of animals. be punished by imprisonment of not less than six (6) months nor more than two (2) years or a fine of not less than One thousand pesos (P1. SEC. including those of cattle.

This Executive Order shall take effect immediately. Executive Order No. if male. 1980. I. if female. President of the Philippines. or their authorized representatives.LAND SEC. MARCOS. and eleven years old or over. NOW. allows the slaughter of carabaos and buffaloes that are three years old or over. 10. October 21. 626) WHEREAS. They ask no questions and Pass no criticisms. — George Elliot Regulating the Slaughter of Carabaos (Executive Order No. 234. to the effect that the carabao or buffalo to be slaughtered is of the required age and free from any disease. Done in the City of Manila. 1998. and WHEREAS. Only carabaos and buffaloes that are seven years old or over. The Minister of Agriculture. THEREFORE. 253. Animals are such agreeable friends. Approved: February 11. by virtue of the powers vested in me by the Constitution. 3. do hereby promulgate the following: SECTION 1. 298 . This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. shall issue such rules and regulations that will effectively carry out the provisions of this Executive Order. No slaughter permit shall be issued without a certificate by the Provincial or City Veterinarian concerned. SEC. as amended by Executive Order No. Executive Order No. 2. SEC. 234 is further amended such that the slaughtering of carabaos and buffaloes is hereby prohibited except under the following conditions: a. present conditions demand that the carabao and the buffalo be conserved for the benefit of the small farmers who rely on them for energy needs. upon recommendation of the Director of the Bureau of Animal Industry. may be slaughtered upon issuance of the necessary slaughter permit by the authorities concerned. b. FERDINAND E.

“The Lorax” (G. 3767. IN ORDER TO PROTECT THE AGRICULTURAL INDUSTRIES OF THIS COUNTRY AND FOR OTHER PURPOSES” are no longer relevant and applicable to the protection of plant industries of this country. Tapan) . plant quarantine is basically and essentially a preventive measure. BIRDS. 1922. is considered more practical and economical than any other method of plant pest control. MAMMALS.” And Act No. 1433) WHEREAS. economic losses due to injury on agricultural crops brought about by plant pests have become increasingly significant. 1930. REPTILES. 3027 dated March 8.” — Dr. entitled. entitled “AN ACT REGULATING THE IMPORTATION. it being the actual front-line defense against the introduction or incursion into the country of plant pests which are destructive to our agricultural crops. BRINGING OR INTRODUCTION INTO THE PHILIPPINE ISLANDS OF LIVING ANIMALS.PLANT QUARANTINE Plant Quarantine (Presidential Decree No. dated November 26. WHEREAS. CRUSTACEANS. WHEREAS. incursion. MOLLUSKS. Nothing is going to get better. SUCH AS INSECTS. It’s not. AND OTHER ANIMALS. Seuss. require urgent and immediate modification and updating. WHEREAS. increasing the risk of plant pest introduction and/or incursion. 299 “Unless someone like you cares a whole awful lot. thereby. and therefore. WHEREAS. some of the provisions of Act No. establishment and subsequent spread of plant pests by regulating the international and domestic movements of plants and plant products. BATS. the prevention of introduction. NOT FALLING WITHIN THE SCOPE OF THE TERM ‘DOMESTIC ANIMALS’ AS PROVIDED AND DEFINED IN SECTION FOUR OF ACT NUMBERED THIRTY-SIX HUNDRED AND THIRTY-NINE. “AN ACT TO PROTECT THE AGRICULTURAL INDUSTRIES OF THE PHILIPPINE ISLANDS FROM INJURIOUS PLANT PESTS AND DISEASES EXISTING IN FOREIGN COUNTRIES AND FURTHER TO REGULATE THE DOMESTIC MOVEMENT OF THE PLANT MATERIALS IN ORDER TO MINIMIZE THE INJURY FROM PESTS AND DISEASES ALREADY INTRODUCED. modern means of transportation and handling of imports and exports have favored the expeditious and extensive movements of plants and plant products.

bats. firms. h. by virtue of the powers vested in me by the Constitution do hereby decree and order the following: SECTION 1. i. “Plants” shall compromise living plants and parts thereof. “Packing Materials” includes leaves. colony and political or territorial subdivision. MARCOS. packing. roots. b.—The following terms used in this Decree shall mean as follows: a. THEREFORE. societies. or any pathogenic agent. “Potential Animal Pest” shall compromise certain species of animal that are liable to become agricultural crop pests such as insects. “Quarantine Orders” shall mean those Administrative Orders promulgated and issued by the Director of Plant Industry to implement the provision of this Decree. either in their natural state or in manufactured or processed form and are capable of harboring plant pests. bulbs and corns. WHEREAS. “Person” any natural or juridical person such as corporation. cuttings. rodents. associations. injurious or potentially injurious to plants and/or plant products. 300 . This Decree shall be known as the “Plant Quarantine Decree of SEC. the attainment of the foregoing objectives require the necessary improvement and strengthening of the Plant Quarantine Services of the Bureau of Plant Industry by providing adequate laws. capable of being used as means of transportation in land. rhizomes. d. “Country” any independent political unit or sovereign nation. bark and other plant materials used as wrapping. and incentives to Plant Quarantine Officers. grafts. “Plant Products” shall mean products derived from plants. partnerships. water or air. 1978”. resources and facilities. c. rabbits. finches. President of the Philippines. “Plant Quarantine Officer” any person so appointed and/or designated by the Director of Plant Industry. f. or converting and are capable of harboring plant pets. monkeys. g. “Plant Pest” any form of plant or animal life. snails and other forms of animal life capable of causing injury to agricultural crops. Definition of Terms. e. straw. j. scions and others that are capable of propagation. “Director” The Director of Plant Industry. territory. companies and other legal entities. regulations.LAND WHEREAS. including seeds. 2. NOW. k. the Plant Quarantine rules and regulations of the Philippines must be compatible with those of other countries and with the provisions of the Food and Agriculture Organization International Plant Protection Convention of the United Nations to which the Philippines is a signatory. “Carrier” includes any sort or craft or other artificial contrivance used. I. leaves. FERDINAND E.

manufacturing.PLANT QUARANTINE l. Commodities in transit.—Commodities mentioned under Section 3 and 4 of this Decree. is hereby restricted subject to such quarantine orders. 6. SEC.—The importation of certain species of animals which are liable to become agricultural crop pests and are capable of causing injury to agricultural crops. “Port of Entry” is a port open to both foreign and domestic trade. “Exportation” is the act of transporting commodities mentioned under Sections 3. of injurious plant pests existing in certain localities within the Philippines. 5. “Importation” is the act of bringing into the country the foreign commodities mentioned under Section 3 and 4 of this Decree for planting. However. SEC. from time to time. domestication or for any other purpose. and other materials capable of harboring plant pests. the Director. rules and regulations as may be promulgated. for the purpose of destroying or eliminating any infection/infestation caused by plant pests. SEC. “Phytosanitary Certification” shall mean plant health certification. that are in transit shall be required of a clearance from the Plant Quarantine Officers assigned at the port concerned. The importation and/or introduction into the Philippines of plants. SEC.—The Director shall cause the appropriate inspection. packing materials of plant origin capable of harboring and are a source of medium of infection/infestation of plant pests. potential animal pests. plant products and other related materials capable of harboring plant pests. is hereby prohibited. 7. “Commodity Treatment” any form of treatment applied to plants. and/or the Plant Quarantine Officers shall 301 . food provisions of plant origin and plant ornaments on board carriers. 4 5 and 6 and to apply the necessary plant quarantine measures in order to attain the objectives of this Decree. Inspection of plants/plants products.—In order to prevent and arrest the spread to other areas. plant products. if the importing country so requires. 3. Importation of potential animal pests. q. plant products. as well as. The term includes principal ports of entry and subports of entry. soil. o. Domestic Quarantine of plants and plant products. SEC. may be allowed. Importation of plants and plant products. SEC. “Plants Plant Products in Transit” shall refer to plants/plant products brought into any port in the country but are not intended for landing at the said port. and 6 hereof. 4. p. importation in limited quantities for a justifiable purpose and upon a written permit from the Director of Plant Industry. 8. from a local port to a foreign port. n. by the Director with the approval of the Secretary of Agriculture. consumption. 4. m. Exportation of plants and plant products.—The Director and/or Plant Quarantine Officers shall cause the inspection and phytosanitary certification of all plants. of the commodities mentioned in Sections 3. and other materials.

administer treatment. labor and delays incident to inspection. SEC.”—William Blake plants. if necessary. plant products. To enter into the in“To see a world in a grain of sand. as well as prohibited plants and plant products which exportation is. cartage. that such special designation shall be in written form. they are hereby given police power and authority. crew/passenger luggages and incoming mails. 11. In cases where it is necessary to contain plant pest(s) the Director may limit the movement of certain plants and/or plant products. To examine imported plants. To inspect all carriers.LAND cause the inspection. plant products. SEC. as well as. plant products. treatment. and other related materials intended for export. Powers and Duties of Plant Quarantine Officers. 10. if necessary. To perform such other related duties which maybe assigned to him. potential animal pests. Provided. e. plant products. In the exercise of the powers and duties herein vested to Plant Quarantine Officers. and other (A. cost of disinfection or disinfestation and other 302 . c. prohibited. and other materials capable of harboring plant pests as well as potential animal pests and to administer necessary measures to ensure effective implementation of the provisions of this Decree. Hold infinity in the palm of your hand. a. stored. Appointment and/or designation of Plant Quarantine Officers. and other materials capable of harboring plant pests. To confiscate and destroy or refuse entry of plants. d. To inspect.—All charges for storage. Oposa. and/or grown. 9. plant products and potential animal pests involved in prohibited importations. b. Flower) materials capable of harboring plant pests are landed. An eternity in spect any and all areas where an hour. likewise. f. demurrage. in order to determine the presence of plants. Non-liability clause. if the improving country so requires. and issue phytosanitary certificates on plants. who shall act as his representatives. however. SEC. in implementing and enforcing the provisions of this Decree. from time to time. and certification of plants and plant products involved in the movement from one locality to another within the country.—The Director shall cause the appointment and/or special designation of Plant Quarantine Officers. And a heaven in a wild flower.

—The owner. the agent or master of said carrier must secure a clearance from the Plant Quarantine Officer thereat. for importation/exportation. commodity treatment and other.—The Director shall promulgate rules and regulations governing the collection of nominal regulatory fees for inspection. SEC. or their authorized representatives shall submit a declaration to the Director of Plant Industry or his authorized representatives at. place and date of unloading or embarkation. “The true meaning of life is to plant trees. Provided. 4 and 6. 13. under whose shade you do not expect to sit. agent or master of carriers flying international and/or domestic routes are hereby required to serve a notice of arrival and departure and to provide inward and outward cargo manifests and other declarations of said carriers to the Plant Quarantine Officer at the port. on commodities mentioned under Section 3. Entrance and Clearance of Carriers. or before the time of entry/embarkation of commodities mentioned under Sections 3. the purpose. 12. operator.” — Nelson Henderson (A. import permits. require the owner. as the case may be. that said collections shall constitute the Revolving Fund of 303 . SEC.—The importers. and the registered name of carrier carrying the consignment. Provided. nature and quantity of said commodities. Duties of the Importer and Exporter. certification. agent or master of carrier to submit a copy of the certificate of Plant Quarantine Clearance as a pre-requisite to the issuance of the Customs Clearance. SEC. that the Bureau of Plant Industry and/or its authorized representative shall not be held liable for damages to the commodity in the course of the implementation of the provisions of this Decree. 14. Oposa) The Collector of Customs or his authorized agents shall. 4 and 6 hereof. exporters. Such declaration shall indicate the name and address of the consignor/ consignee.PLANT QUARANTINE post-entry requirements shall be the responsibility of the importer or the exporter. the country or locality where the same was grown. Prior to departure. Collection of fees. kind.

h. Bureau of Animal Industry or representative Representative from the National Economic and Development Authority Representative from the Central Bank of the Philippines Administrative or representative of the Philippine Coconut Authority Director of Forestry or representative Bureau of Plant Industry Legal Officer Representative from the Importers’ and Exporters’ Confederation Chief. The Director of Plant Industry Commissioner of Customs or representative General Manager or representative of Philippine Ports Authority Director. donations to and for the account of any duly registered relieforganizations. Authority to promulgate Special Quarantine Orders. Provided. Overtime Services. f. however. Cooperating Agencies. call upon other government agencies (military. 18.—The Director. n. however. government owned or controlled corporations. Bureau of Quarantine or representative Director. i. SEC. SEC. that importations and exportations of all government agencies. SEC. embassies of foreign governments. is hereby authorized to promulgate such Special Quarantine Orders. d. k.—For the purpose of carrying out the provisions of this Decree. SEC. to augment the existing appropriations therefore. or any charitable institution certified by the Department of Social Services and Development. upon the recommendation of the National Economic and Development Authority. e. the expenses incurred in commodity treatment. l.—The services of Plant Quarantine Officers. The Plant Quarantine Board.—The Director may. Rules and Regulations. c. subject to government accounting and auditing regulations. 15. national or local) in the implementation of plant quarantine regulation and dissemination of information to the general public.LAND the National Plant Quarantine Service. transportation. a Plant Quarantine Board is hereby created composed of the following: a. 17. b. and those that may be declared by the President. rules and regulations to implement the provisions of this Decree. m. fumigators and helpers performed outside office hours and reimbursement of meal. Bureau of Plant Industry Postmaster-General or representative Chief. 16. when necessary. civil. j. g. with the approval of the Secretary of Agriculture. Bureau of Plant Industry Chairman Member Member Member Member Member Member Member Member Member Member Member Member Secretary 304 . are exempted from payment of such fees excluding. Plant Quarantine Section. lodging and other incidental expenses shall be chargeable to party or parties served at rates to be prescribed by the Secretary of Agriculture upon recommendation of the Director. in the interest of economic development. Crop Protection Division.

SEC. Oposa) than Twenty Thousand Pesos (P20. counterfeits.—If any of the provisions of this Decree shall be invalid. Quorum.000. company or corporation who violates the provisions of this Decree. or may call special meetings when necessary. 26. this 10th day of June. 1978. hereby appropriated for the expenses of the Plant Quarantine Board. 305 . Provided.—The sum of P300. hereby superseded or revoked accordingly. alters.—A majority of the members of the Board shall constitute a quorum. 20. Board Meeting. at the discretion of the Court.00) or by imprisonment from prison correctional to prison mayor. that such special meetings shall not be held more than four (4) times annually. Penalty Clause.— Any person. rules and regulations for the effective implementation of the revisions of this Decree. rules and regulations inconsistent with the provisions of this Decree are. 22.00 annually is. Appropriation of the Plant Quarantine Board.00) each per meeting.—This Decree shall take effect immediately upon approval. SEC. SEC. or both.—All laws. provided. 23.—The Board shall meet once every quarter. Repealing Clause. 21. or forges.000. SEC.—The Plant Quarantine Board shall be the advisory body to assist the Director of Plant Industry in formulating orders. 19. The members of the Board shall receive a per diem of Two Hundred Pesos (P200. 25. SEC. SEC.PLANT QUARANTINE SEC. that any unexpected amount of the said sum shall be reverted to the Plant Quarantine Revolving Fund. 24. SEC. Done in the City of Manila. Effectivity. Separability Clause. the remainder shall be operative. defaces and destroys any document issued by virtue of this Decree shall be fined not more (A. Duties of the Board.

land is treated as a commodity. Decree 1529) contained in the 1st edition of the Legal Arsenal have been omitted in this version. To possess land is a privilege. the provisions of land titling and land registration can be used creatively. a most vital life-support system. they are “natural resources laws” in that these laws relate to the utilization and ‘acquisition of ownership’ of land. the underlying philosophy in Environmental Law is that man is a mere trustee of the Land. for short. In the Law on Natural Resources. not a right. There are many outmoded provisions of the Public Land Act. he may ‘acquire’ the privilege to possess it. more than the rights. However. 1529) The Public Land Act (Commonwealth Act 141) and the Property Registration Law (Pres. Strictly speaking.”— Ralph Waldo Emerson (G. This is the concept of an ‘ecological encumbrance’ or eco-lien. This is the fundamental difference between the treatment and philosophy of land between Natural Resources Law and Environmental Law. the land owns him. The basic idea. Note the use of the word ‘privilege’. 306 . For one. In contrast. It can be owned by a land title and the law emphasizes the rights of a ‘landowner’. a policy can be formulated and implemented whereby responsibility for sound land management is made a condition precedent for the acquisition and continued possession of land. Tapan) ian of the Land – the temporary holder.LAND Land Tenure Property Registration Law (Presidential Decree No. and it comes with great responsibility. and other land tenure instruments that emphasize the rights more than the responsibilities of land ‘ownership’. is: So long as a person ensures that the land he takes care of is sustainably productive and kept in proper vegetative condition. therefore. among them the provisions on foreshore lease agreements. of the guard- “If a man owns land. and emphasizes the responsibilities.

then to understand them. the Law begins to sing. Thereafter. 51. Cariño insists that although prescription did not run against the government. Hopefully. Pres. Section 15). and the land being agricultural. and 40 meters from water of rivers and seashores as easement zones for salvage and recreation (Sec. Cariño’s case was dismissed. Issue: Is the presumption correct? Held: Yes. 1906 307 . which have been for more than fifty years prior to the treaty of peace with Spain of April 11. 20.” A native title to land in the province of Benguet in the Philippine Islands. as it is. mangroves. Decree 1067). 150.LAND TENURE Actually. Insular Government 8 Phil. still a grant is to be conclusively presumed based on his immemorial use and occupation of the land. The problem is not in the law. for a start. Under the Water Code. it will also become a tool to till and green the landscape of ideas. all lands with a 10 degree (or 18%) slope must be “kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and streams. The government of the Philippines and of the United States appeared and opposed the petition on the ground that the land was part of the military reservation of Baguio. “Every presumption should be indulged against the United States claiming title to the land.” Certain plots of land along riverbanks. which for more than fifty years prior to the treaty of peace with Spain. December 6. Native Title to Land should be recognized by the Government Facts: Mateo Cariño filed a petition in the Court of Land Registration asking that he be inscribed as the owner of a 146-hectare land in Baguio. Under the Forestry Law (Pres. some provisions of the Laws are already in place. protection and restoration. etc. for example. we can start using them creatively to ensure that possessing or holding or ‘owning’ a parcel of land becomes a responsibility to \care for that land as if it were. Cariño v. in time. It is in having the interest to read them. Decree 705. 1899. has been held by the present native Igorot holder and his ancestors under claim of private ownership. there must be a margin of 3. Where there is a sincere desire to use the Law creatively to advance the ends of conservation. a living being. as private property. we may use the provisions on easements creatively. This was because mere possession of land would not give the possessor any title as against the government. should be recognized by the Insular Government. mountainous areas. Not having shown any title from the government. although no document of title has been issued from the Spanish Crown. For example. a native Igorot and his ancestors have held in accordance with Igorot custom. Law begins with desire. must be set aside as forest lands.

shall be cancelled. it being a part of the forest zone. Title. L-37682. a handwritten presidential decree. To this end. with due regard to the rights of landowners to just compensation and to the ecological needs of the nation. Any title issued on nondisposable lots even in the hands of alleged innocent purchaser for value. L-31666–68. then the patent and title thereto are null and void. 27. _______________________ 67 As amended by R. “The defense of indefeasibility of a certificate of title issued pursuant to a free patent does not lie against the state in an action for reversion of the land covered thereby when such land is a part of a public forest or of a forest reservation. Animas G.LAND Forest Land is Not Disposable If the area covered by the patent and title is not disposable public land. The welfare of the landless farmers and farmworkers will receive the highest consideration to promote social justice and to move the nation toward sound rural development and industrialization. 1974 “It is well settled that a certificate of title is void when it covers property of public domain classified as forest or timber and mineral lands. 20 February 1995.—This Act shall be known as the “Comprehensive Agrarian Reform Law of 1988.” Lepanto Consolidated Mining Company v. one of the first laws passed by former President Ferdinand Marcos upon the declaration of Martial Law in the Philippines in 1972).A. shall be undertaken to provide farmers and farmworkers with the opportunity to enhance their dignity and improve the quality of their lives through greater productivity of agricultural lands. 7881. 1972. and the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture. a more equitable distribution and ownership of land. No. 2. Declaration of Principles and Policies. Nos.—It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP).” Republic of the Philippines v.” SEC. Manuel Dumyung G. 67 308 . 1979 Comprehensive Agrarian Reform Program (Republic Act 6657) Chapter I Preliminary Chapter SECTION 1. March 29.R. The Comprehensive Agrarian Reform Law is an amendment and revision of the Tenant Emancipation Decree (P.R. April 30.D. No.

Oposa) The State may resettle landless farmers and farmworkers in its own agricultural estates. subject to the priorities and retention limits set forth in this Act. under lease or concession. whenever applicable. By means of appropriate incentives. organization. develop and conserve such resources. the State shall encourage and undertake the just distribution of all agricultural lands. or stewardship. and shall provide incentive for voluntary landsharing. the State shall encourage the formation and maintenance of economic-size family farms to be constituted by individual beneficiaries and small landowners. suitable to agriculture. developmental. The State shall recognize the right of farmers. as well as cooperatives and other independent farmers’ organizations. subject to prior rights. to participate in the planning. and adequate financial production. and equity considerations. The State shall respect the right of small landowners. to the preferential use of communal marine and fishing resources. adequate financial. and subject to the payment of just compensation. homestead rights of small settlers and the rights of indigenous communities to their ancestral lands. The State shall apply the principles of agrarian reform. and management of the program. farmworkers and landowners. The protection shall extend to offshore fishing grounds of subsistence fisher309 . and shall provide support to agriculture through appropriate technology and research. especially of local communities. production and marketing assistance and other services. in accordance with law. To this end. The State shall also protect. The State shall protect the rights of subsistence fishermen. including lands of the public domain. both inland and offshore. marketing and other support services. taking into account ecological. who are landless to own directly or collectively the lands they till or.” — Gladys Taber (A. It shall provide support to such fishermen through appropriate technology and research. which shall be distributed to them in the manner provided by law. “My own recipe for world peace is a little bit of land for everyone.COMPREHENSIVE AGRARIAN REFORM PROGRAM The agrarian reform program is founded on the right of farmers and regular farmworkers. in the case of other farm-workers to receive a just share of the fruits thereof. in the disposition or utilization of other natural resources.

labor administration. growing of fruit trees. 3. which will allow beneficiaries to receive a just share of the fruits of the lands they work.—For the purpose of this Act. Agrarian reform means redistribution of lands. over lands devoted to agriculture. regardless of crops or fruits produced. to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands. 20 February 1995. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.LAND men against foreign intrusion. stewardship or otherwise. fixing. 7881. unless the context indicates a. d. 310 . employment and privatization of public sector enterprises. and traditional and pioneering crops especially those for exports subject to the prior rights of the beneficiaries under this Act. tenancy. changing. planting of crops. c. Financial instruments used as payment for lands shall contain features that shall enhance negotiability and acceptability in the marketplace. SEC. landowner and tenant. whether leasehold. forest. Agricultural land refers to land devoted to agricultural activity as defined in this Act and not classified as mineral. and the distribution of shares of stock. to farmers and regular farmworkers who are landless.A. The State may lease undeveloped lands of the public domain to qualified entities for the development of capital intensive farms. b. such as production or profit-sharing. and other farm activities and practices performed by a farmer in con68 junction with such farming operations done by persons whether natural or juridical. or lessor and lessee. otherwise: Definitions. whether the disputants stand in the proximate relation of farm operator and beneficiary. irrespective of tenurial arrangement. R. residential. including the harvesting of such farm products. The State shall be guided by the principles that land has a social function and land ownership has a social responsibility. agricultural enterprise. commercial or industrial land. _______________________ 68 As amended by Sec. no. maintaining. or agricultural activity means the cultivation of the soil. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization. 1. Agriculture. Agrarian dispute refers to any controversy relating to tenurial arrangements. Owners of agricultural lands have the obligation to cultivate directly or through labor administration the lands they own and thereby make the land productive. It includes any controversy relating to compensation of lands acquired under this Act and other terms and conditions of transfer of ownership from landowners to farmworkers. including disputes concerning farmworkers’ associations or representation of persons in negotiating. tenants and other agrarian reform beneficiaries. or seeking to arrange terms or conditions of such tenurial arrangements.

_______________________ 69 22 July 1987. and (i). j. Other farmworker is a farmworker who does not fall under paragraphs (g). i. g. A juridical person may be a member of a cooperative. Seasonal farmworker is a natural person who is employed on a recurrent. either by himself. Chapter II Coverage SEC. 311 . It does not include land which has become unproductive by reason of force majeure or any other fortuitous event. (h). Scope. financial or other economic resources. f.COMPREHENSIVE AGRARIAN REFORM PROGRAM e. regardless of tenurial arrangement and commodity produced. a pending agrarian dispute and who has not obtained a substantially equivalent and regular farm employment. including other lands of the public domain suitable for agriculture. provided that prior to such event. h. weekly. or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof. whether the land is owned by him. Farmworker is a natural person who renders service for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily. farmworkers. Regular farmworker is a natural person who is employed on a permanent basis by an agricultural enterprise or farm. or primarily with the assistance of his immediate farm household. or in connection with. such as dumaan. and operated on the principle of one member. technological. one vote. and the like. Idle or abandoned land refers to any agricultural land not cultivated.The Comprehensive Agrarian Reform Law of 1988 shall cover. 4. as provided in Proclamation No. k. such land was previously used for agricultural or other economic purpose. tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of three (3) years immediately prior to the receipt of notice of acquisition by the government as provided under this Act. The term includes an individual whose work has ceased as a consequence of. 229. but does not include land that has become permanently or regularly devoted to nonagricultural purposes. sacada. with the same rights and duties as a natural person. all public and private agri69 cultural lands. periodic or intermittent basis by an agricultural enterprise or farm. monthly or pakyaw basis. 131 and Executive Order No. whether as a permanent or a nonpermanent laborer. farmers. human. or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land. Farmer refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops. Cooperatives shall refer to organizations composed primarily of small agricultural producers.

infrastructure. and (2) that he is actually tilling the land or directly managing the farm. he loses his right as a leaseholder to the land retained by the landowner. Emancipation of Tenants. 312 . The right to choose the area to be retained. and d. which shall be compact or contiguous. he shall be considered a leaseholder and shall lose his right to be a beneficiary under this Act. but in no case shall retention by the landowner exceed five (5) hectares. In case the tenant chooses to be a beneficiary in another agricultural land. further. see footnote 68. such as commodity produced. no person may own or retain.LAND More specifically the following lands are covered by the Comprehensive Agrarian Reform Program: a. 27 shall be allowed to keep the area originally retained by them thereunder: Provided. the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features. c. Provided. That landowners whose lands have been covered by 70 Presidential Decree No. the size of which shall vary according to factors governing a viable family-size farm.—The distribution of all lands covered by this Act shall be implemented immediately and completed within ten (10) years from the effectivity thereof. b. however. All alienable and disposable lands of the public domain devoted to or suitable for agriculture. shall pertain to the landowner.—Except as otherwise provided in this Act. Three (3) hectares may be awarded to each child of the landowner. In case the tenant chooses to remain in the retained area. directly or indirectly. and soil fertility as determined by the Presidential Agrarian Reform Council (PARC) created hereunder. That in case the area selected for retention by the landowner is tenanted. the specific limits of the public domain. shall have determined by law. terrain. 5. Retention Limits. That original homestead grantees or their direct compulsory heirs who still own the original homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead. Provided. subject to the following qualifications: (1) that he is at least fifteen (15) years of age. taking into account ecological. any public or private agricultural land. Schedule of Implementation. SEC. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress. SEC. 6. _______________________ 70 All other lands owned by the government devoted to or suitable for agriculture. All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph. developmental and equity considerations.

That those executed prior to this Act shall be valid only when registered with the Register of Deeds within a period of three (3) months after the effectivity of this Act. with the implementation to be completed within a period of not more than four (4) years. Priorities. of the Constitution. disposition. and all other lands owned by the government devoted to or suitable for agriculture. management contract or transfer of possession of private lands executed by the original landowner in violation of the Act shall be null and void. lease. which shall be distributed immediately upon the effectivity of the Act. In all cases. Phase Three: All other private agricultural lands commencing with large landholdings and proceeding to medium and small landholdings under the following schedule: 313 . all lands acquired by the Presidential Commission on Good Government (PCGG). Article XII. any sale. “How can we own something which we did not create—can we then own land? or are we mere caretakers? — Anonymous SEC. Phase Two: All alienable and disposable public agricultural lands.COMPREHENSIVE AGRARIAN REFORM PROGRAM The tenant must exercise this option within a period of one (1) year from the time the landowner manifests his choice of the area for retention. all lands foreclosed by the government financial institutions. Provided. 7. Lands shall be acquired and distributed as follows: Phase One: Rice and corn lands under Presidential Decree No. Thereafter. the security of tenure of the farmers or farmworkers on the land prior to the approval of this Act shall be respected. pasture and agricultural leases already cultivated and planted to crops in accordance with Section 6. with the implementation to be completed within a period of not more than four (4) years. 27. all private lands voluntarily offered by the owners for agrarian reform. all Registers of Deeds shall inform the Department of Agrarian Reform (DAR) within thirty (30) days of any transaction involving agricultural lands in excess of five (5) hectares.—The Department of Agrarian Reform (DAR) in coordination with the Presidential Agrarian Reform Council (PARC) shall plan and program the acquisition and distribution of all agricultural lands through a period of ten (10) years from the effectivity of this Act. to own directly or collectively the lands they till. Upon the effectivity of this Act. which shall be acquired and distributed immediately upon the effectivity of this Act. to implement principally the rights of farmers and regular farmworkers. insofar as the excess hectarage is concerned. however. who are landless. all idle or abandoned lands. all arable public agricultural lands under agroforest. and all private agricultural lands in excess of fifty (50) hectares. all public agricultural lands which are to be opened for new development and resettlement.

institutions. 8. including the determination of who are qualified beneficiaries: Provided. which shall be provided in the implementing rules to be prepared by the Presidential Agrarian Reform Council (PARC).000 hectares in the case of such corporations and associations. In effecting the transfer within these guidelines. Lease. taking into consideration the following: the need to distribute lands to the tillers at the earliest practicable time. associations. b. grower or service contracts covering such lands covering an aggregate area in excess of 1. or entities. and b. to begin on the fourth (4th) year from the effectivity of this Act and to be completed within three (3) years.—All lands of the public domain leased. in which case the acquisition and distribution of private agricultural lands therein may be implemented ahead of the above schedules. and the availability of funds and resources to implement and support the program. priority must be given to lands that are tenanted. Landholdings from the retention limit up to twenty four (24) hectares. In any case. in the case of such individuals. shall be programmed for acquisition and distribution immediately upon the effectivity of this Act. leased or held by foreign individuals in excess of 500 hectares are deemed amended to conform with the limits set forth in Section 3 of Article XII of the Constitution. Contracts covering areas not in excess of 1. to implement principally the right of farmers and regular farmworkers who are landless. The schedule of acquisition and redistribution of all agricultural lands covered by this program shall be made in accordance with the above order of priority. grower or service contracts. devoted to existing and operational agrobusiness or agroindustrial enterprises.000 hectares. SEC. under lease. the need to enhance agricultural productivity. to own directly or collectively the lands they till. operated by multinational corporations and associations. upon recommendation by the Provincial Agrarian Reform Coordinating Committee (PARCCOM). and 500 hectares.LAND a. Lands covered by the paragraph immediately preceding. The PARC shall establish guidelines to implement the above priorities and distribution scheme. shall be disposed of as follows: a. Multinational Corporations. management. may declare certain provinces or regions as priority land reform areas. Landholdings above twenty four (24) hectares up to fifty (50) hectares. to begin on the sixth (6th) year from the effectivity of this Act and to be completed within four (4) years. management. shall be 314 . the PARC. That an owner-tiller may be a beneficiary of the land he does not own but is actually cultivating to the extent of the difference between the area of the land he owns and the award ceiling of three (3) hectares. and other lands owned by the government or by government-owned or controlled corporations. and the like. held or possessed by multinational corporations or associations. with the implementation to be completed within three (3) years.

then they shall form a workers’ cooperative or association which will deal with the corporation or business association or any other proper party for the purpose of entering into a lease or growers’ agreement and for all other legitimate purposes. management. any agreement existing at the time this Act takes effect between the former and the previous landowner shall be respected by both the workers’ cooperative or association and the corporation business association or such other proper party. during the said period of effectivity.COMPREHENSIVE AGRARIAN REFORM PROGRAM allowed to continue under their original terms and conditions but not beyond August 29. which transfer shall be immediately commenced and implemented. Such contracts shall likewise continue even after the land has been transferred to beneficiaries or awardees thereof. or in which they may have a vested right. on the other. or otherwise. shall be subject to immediate compulsory acquisition and distribution upon the expiration of the applicable lease. c. at the time this Act becomes effective. Such agreements can continue thereafter only under a new contract between the government or qualified beneficiaries or awardees. During the transition period. owned by private individuals and private nongovernmental corporations. citizens of the Philippines. The provisions of Section 32 of the Act. whichever comes sooner. institutions and entities. and said enterprises. 1987. upon its valid termination. whichever comes sooner. However. and completed within the period of three (3) years mentioned in the first paragraph hereof. Enterprises which show a willingness and commitment and good faith efforts to impart voluntarily such advanced technology will be given preferential treatment where feasible. or business association or any other proper party. In general. the new owners shall be assisted in their efforts to learn modern technology in production. after which. In no case will such leases and other agreements now being implemented extend beyond August 29. grower or service contract in effect as of August 29. 315 . on the one hand. with regard to production and incomesharing shall apply to farms operated by multinational corporations. lands shall be distributed directly to the individual worker beneficiaries. when all lands subject hereof shall have been distributed completely to qualified beneficiaries or awardees. associations. In no case shall the implementation or application of this Act justify or result in the reduction of status or diminution of any benefits received or enjoyed by the worker-beneficiaries. but not later than after ten (10) years following the effectivity of the Act. held or possessed by multinational corporations. In case it is not economically feasible and sound to divide the land. the government shall take steps to acquire these lands for immediate distribution thereafter. such agreements shall continue only when confirmed by the appropriate government agency. Until a new agreement is entered into by and between the workers’ cooperative or association and the corporation. Lands leased. 1992. or their valid termination. 1992.

316 . 20 February 1995. The right of these communities to their ancestral lands shall be protected to ensure their economic. R. That the Torrens System shall be respected. including experimental farm stations operated by public or private schools for educational purposes. land use.LAND In no case shall a foreign corporation. by voluntary offer to sell. lands in the actual. Provided.A. the provision of Section 32-A hereof on incentives shall apply. ancestral lands of each indigenous cultural community shall include. 2. Lands actually. In cases where the fishponds or prawn farms have not been subjected to the Comprehensive Agrarian Reform Law. In line with the principles of selfdetermination and autonomy. however. forest reserves. That said prawn farms and fishponds have not been distributed and Certificate of Land Ownership Award (CLOA) issued to agrarian reform beneficiaries under the Comprehensive Agrarian Reform Program. the respective legislatures may enact their own laws on ancestral domain subject to the provisions of the Constitution and the principles enunciated in this Act and other national laws. entity or individual enjoy any rights or privileges better than those enjoyed by a domestic corporation. association. wildlife. continuous and open possession and occupation of the community and its members. SEC. reforestation. Ancestral Lands. Private lands actually. In cases where the fishponds or prawn farms have been subjected to the Comprehensive Agrarian Reform Law. 71 Exemptions and Exclusions— a. directly and exclusively used for prawn farms and fishponds shall be exempt from the coverage of this Act. fish sanctuaries and breeding grounds. a simple and absolute majority of the actual regular workers or tenants must consent to the exemption within one (1) year from the effectivity of this Act. seeds and seedlings research _______________________ 71 As amended by Sec. 9. social and cultural wellbeing. watersheds and mangroves shall be exempt from the coverage of this Act. b. Any provision of law to the contrary notwithstanding. and the modes of settling land disputes of all these communities must be recognized and respected. school sites and campuses. 7881.—For purposes of this Act. Provided. Lands actually. No. entity or individual. the fishponds or prawn farms shall be distributed collectively to the worker-beneficiaries or tenants who shall form a cooperative or association to manage the same. the consent of the farm workers shall no longer be necessary. directly and exclusively used for parks. 10. or commercial farms deferment or notices of compulsory acquisition. That in the autonomous regions. Provided. but not be limited to. c. association. SEC. directly and exclusively used and found to be necessary for national defense. the PARC may suspend the implementation of this Act with respect to ancestral lands for the purpose of identifying and delineating such lands. When the workers or tenants do not agree to this exemption. the systems of land ownership.

Nothing herein shall be construed to sanction the diminution of any benefits such as salaries. No. mosque sites and Islamic centers appurtenant thereto. During the ten-year period. The provisions of Section 32 of the Act. R. If the DAR determines that the purposes for which this deferment is granted no longer exist. government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over. 11.A. _______________________ 72 72 As amended by Sec. SEC. In the case of new farms. agreements. SEC. a production-sharing plan. Commercial Farming. 3. church sites and convents appurtenant thereto. the Government shall initiate steps necessary to acquire these lands. as amended: Provided. 13. the ten-year period shall begin from the first year of commercial production and operation. lease. fruit farms. such areas shall automatically be subject to redistribution. 317 . as determined by the DAR. orchards. shall be exempt from the coverage of this Act. under guidelines prescribed by the appropriate government agency.COMPREHENSIVE AGRARIAN REFORM PROGRAM and pilot production center. and voluntary practice by the enterprise. Chapter III Improvement of Tenurial and Labor Relations SEC. Production-Sharing Plan. —Commercial farms. with regard to production and incomesharing. preferably in favor of organized cooperatives or associations. management contract or other similar arrangement and any farm covered by Sections 8 and 11 hereof is hereby mandated to execute within ninety (90) days from the effectivity of this Act. shall be subject to immediate compulsory acquisition and distribution after ten (10) years from the effectivity of this Act. penal colonies and penal farms actually worked by the inmates. upon payment of just compensation for the land and the improvements thereon. coffee and rubber plantations.—In order to protect and improve the tenurial and economic status of the farmers in tenanted lands under the retention limit and lands not yet acquired under this Act. tenant or lessee. 7881. 20 February 1995. of different regions in order to improve progressively the conditions of the farmer. 12. leaves and working conditions granted to the employeebeneficiaries under existing laws. vegetable and cut-flower farms. which shall thereafter manage the said lands for the workers-beneficiaries. shall apply to commercial farms. including rice and corn. except those already developed.—Any enterprise adopting the scheme provided for in Section 32 hereof or operating under a production venture. 3844. which are private agricultural lands devoted to salt beds. Determination of Lease Rentals. the DAR is mandated to determine and fix immediately the lease rentals thereof in accordance with Section 34 of Republic Act No. and cacao. bonuses. communal burial grounds and cemeteries. That the DAR shall immediately and periodically review and adjust the rental structure for different crops.

the crops planted in the property and the area covered by each crop as of June 1.LAND nor shall the enterprise and its employee-beneficiaries be prevented from entering into any agreement with terms more favorable to the latter. that own or claim to own agricultural lands. b.” — Anonymous (A. the terms of mortgages. and management contracts subsisting as of June 1.—The DAR in coordination with the Barangay Agrarian Reform Committee (BARC) as organized in this Act. lease. whether in their names or in the name of others. shall file a sworn statement in the proper assessor’s office in the form to be prescribed by the DAR. owners or administrators of the lands they work on and the length of tenurial relationship. Registration of Beneficiaries. Oposa) SEC. stating the following information: a. all persons. 1987. 15. names and members of their immediate farm household. 318 . c. Chapter IV Registration SEC.—Within one hundred eighty (180) days from the effectivity of this Act. e. the names of all tenants and farmworkers therein. the description and area of the property. b. including government entities. and f. who shall be entitled to such incentives as may be provided for the PARC. c. 14. These potential beneficiaries with the assistance of the PARC and the DAR shall provide the following data: a. the average gross income from the property for at least three (3) years. the latest declared market value of the land as determined by the city or provincial assessor. 1987. location and area of the land they work. natural or juridical. 229. except those who have already registered pursuant to Executive Order No. “One does not sell the earth upon which the people walk. Registration of Landowners. d. shall register all agricultural lessees. tenants and farmworkers who are qualified to be beneficiaries of the CARP.

Within thirty (30) days from the date of receipt of written notice by personal delivery or registered mail. the Land Bank of the Philippines (LBP) shall pay the landowner the purchase price of the land within thirty (30) days after he executes and delivers a deed of transfer in favor of the government and surrenders the Certificate of Title and other monuments of title. upon the deposit with an accessible bank designated by the DAR of the compensation in cash or in LBP bonds in accordance with this Act. _______________________ 73 73 See also Sec. —For purposes of acquisition of private lands. the DAR shall take immediate possession of the land and shall request the proper Register of Deeds to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines. the DAR shall send its notice to acquire the land to the owners thereof. After the expiration of the above period. After having identified the land. the LBP and other interested parties to submit evidence as to the just compensation for the land. and beneficiaries. within fifteen (15) days from the receipt of the notice. by personal delivery or registered mail. c. 319 . Any party who disagrees with the decision may bring the matter to the court of proper jurisdiction for final determination of just compensation. Said notice shall contain the offer of the DAR to pay a corresponding value in accordance with the valuation set forth in Sections 17. Chapter V Land Acquisition SEC. and e. in case of rejection or no response from the landowner. A copy of the registry or list of all potential CARP beneficiaries in the barangay shall be posted in the barangay hall. the following procedures shall be followed: a. In case of rejection or failure to reply. 28 on standing crops at time of acquisition. landowners. b. the DAR shall conduct summary administrative proceedings to determine the compensation for the land by requiring the landowner. his administrator or representative shall inform the DAR of his acceptance or rejection of the offer. Upon receipt by the landowner of the corresponding payment or.COMPREHENSIVE AGRARIAN REFORM PROGRAM d. Procedure for Acquisition of Private Lands. the landowner. 16. The DAR shall decide the case within thirty (30) days after it is submitted for decision. The DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries. f. and post the same in a conspicuous place in the municipal building and barangay hall of the place where the property is located. and 18. the matter is deemed submitted for decision. and other pertinent provisions hereof. If the landowner accepts the offer of the DAR. their share in the harvest or amount of rental paid or wages received. d. crops planted. e. school or other public buildings in the barangay where it shall be open to inspection by the public at all reasonable hours.

which shall have the following features: 320 . the balance to be paid in government financial instruments negotiable at any time Thirty-five percent (35%) cash. actual use and income. For lands above twentyfour (24) hectares and up to fifty (50) hectares c. as the just compensation for the land. 18. For lands above twentyfour (24) hectares and below Twenty-five percent cash(25%). LBP bonds. the cost of acquisition of the land. the sworn valuation by the owner. the tax declarations. For lands above fifty (50) hectares. LBP preferred shares. and other pertinent provisions hereof. Tax credits which can be used against any tax liability. in accordance with the criteria provided for in Sections 16 and 17. Shares of stock in government-owned or controlled corporations. in so far as the excess hectarage is concerned b. SEC. Valuation and Mode of Compensation. Cash payment. at the option of the landowner: 1. Determination of Just Compensation. the balance to be paid in government financial instruments negotiable at any time 2. and the assessment made by government assessors shall be considered.—The LBP shall compensate the landowner in such amounts as may be agreed upon by the landowner and the DAR and the LBP. or other qualified investments in accordance with guidelines set by the PARC. 17. the current value of like properties. its nature. physical assets. The compensation shall be paid in one of the following modes. 3. The social and economic benefits contributed by the farmers and the farmworkers and by the government to the property as well as the nonpayment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation. 4. the balance to be paid in government financial instruments negotiable at any time Thirty percent (30%) cash. or as may be finally determined by the court. under the following terms and conditions: a.LAND Chapter VI Compensation SEC.—In determining just compensation.

who voluntarily offer their lands for sale shall be entitled to an additional five percent (5%) cash payment. colleges. Payment for tuition fees of the immediate family of the original bondholder in government universities. Payment for various taxes and fees to government. he shall be paid correspondingly in LBP bonds. That should the landowner choose to forego the cash portion. In case of extraordinary inflation. Such LBP bonds may be used by the landowner. SEC. vii. Payment for fees of the immediate family of the original bondholder in government hospitals. and other institutions. Substitution for surety or bail bonds for the provisional release of accused persons. other than banks and other financial institutions. for any of the following: i. Voluntary Land Transfer. including assets under the Asset Privatization Program and other assets foreclosed by government financial institutions in the same province or region where the lands for which the bonds were paid are situated. Provided. That the use of these bonds for these purposes will be limited to a certain percentage of the outstanding balance of the financial instruments. up to the amount of their face value. and viii. 20. preferably in a small and medium-scale industry. Acquisition of shares of stock of government-owned or controlled corporations or shares of stock owned by the government in private corporations. Such other uses as the PARC may from time to time allow.—Landowners of agricultural lands subject to acquisition under this Act may enter into a voluntary arrangement for direct transfer of their lands to qualified beneficiaries subject to the following guidelines: 321 . Security for loans with any government financial institution. iii. vi.COMPREHENSIVE AGRARIAN REFORM PROGRAM a. in the same province or region as the land for which the bonds are paid. 19. Incentives for Voluntary Offers for Sale. the PARC shall take appropriate measures to protect the economy. b. Ten percent (10%) of the face value of the bonds shall mature every year from the date of issuance until the tenth (10th) year. his successors in interest or his assigns. SEC.—Landowners. That the PARC shall determine the percentage mentioned above. Provided. trade schools. provided the proceeds of the loans shall be invested in an economic enterprise. Provided. or performance bonds. further. Acquisition of land or other real properties of the government. whether in full or in part. Transferability and negotiability. ii. Market interest rates aligned with 91day treasury bill rates. iv. v.

The LBP shall extend financing to the beneficiaries for purposes of acquiring the land. That actual tenant-tillers in the landholdings shall not be ejected or removed therefrom. if such offers have been made and are fully known to both parties. upon registration with the approval by the DAR. Provided. All notices for voluntary land transfer must be submitted to the DAR within the first year of the implementation of the CARP. unless notice of disapproval is received by the farmerbeneficiary within thirty (30) days from the date of registration. however. others directly working on the land. further. 322 .—The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay. Said approval shall be considered given. and d. c. 22. other farmworkers. That the children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents.LAND a. actual tillers or occupants of public lands. 21.—Direct payments in cash or in kind may be by the farmer-beneficiary to the landowner under terms to be mutually agreed upon by both parties. regular farmworkers. Chapter VII Land Distribution SEC. Qualified Beneficiaries. or in the absence thereof. In the event they cannot agree on the price of land. g. the procedure for compulsory acquisition as provided in Section 16 shall apply. SEC. b. b. c. The terms and conditions of such transfer shall not be less favorable to the transferee than those of the government‘s standing offer to purchase from the landowner and to resell to the beneficiaries. Payment of Compensation by Beneficiaries Under Voluntary Land Transfer. e. agricultural lessees and share tenants. f. which shall be binding upon them. The voluntary agreement shall include sanctions for noncompliance by either party and shall be duly recorded and its implementation monitored by the DAR. seasonal farmworkers. and Provided. Negotiations between the landowners and qualified beneficiaries covering any voluntary land transfer which remain unresolved after one (1) year shall not be recognized and such land shall instead be acquired by the government and transferred pursuant to this Act. landless residents of the same municipality in the following order of priority: a. collectives or cooperatives of the above beneficiaries.

and ability to cultivate and make the land as productive as possible. For purposes of this Act. The beneficiaries may opt for collective ownership. due to the landowner’s retention rights or to the number of tenants. 26. Ownership of the beneficiary shall be evidenced by a Certificate of Land Ownership Award. lessees. A basic qualification of a beneficiary shall be his willingness. Title to the property shall be issued in the name of the co-owners or the cooperative or collective organization as the case may be. or abandoned their land are disqualified to become beneficiaries under this Program.—Lands awarded pursuant to this Act shall be paid for by the beneficiaries to the LBP in thirty (30) annual amortizations at six percent (6%) interest per annum. disposed of. SEC. 23. which award shall be completed within one hundred eighty (180) days from the time the DAR takes actual possession of the land. they may be granted ownership of other lands available for distribution under this Act.—Beneficiaries shall be awarded an area not exceeding three (3) hectares which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits. 27 who have culpably sold. 24.—No qualified beneficiary may own more than three (3) hectares of agricultural land. a landless beneficiary is one who owns less than three (3) hectares of agricultural land. at the option of the beneficiaries. Award to Beneficiaries. That the first 323 . 25. so that any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. Provided. Award Ceilings for Beneficiaries. Payment by Beneficiaries.—The rights and responsibilities of the beneficiary shall commence from the time the DAR makes an award of the land to him. Distribution Limit. SEC. Farmers already in place and those not accommodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain. If. The DAR shall adopt a system of monitoring the record or performance of each beneficiary.COMPREHENSIVE AGRARIAN REFORM PROGRAM Beneficiaries under Presidential Decree No. The DAR shall submit periodic reports on the performance of the beneficiaries to the PARC. SEC. That the total area that may be awarded shall not exceed the total number of co-owners or members of the cooperative or collective organization multiplied by the award limit above prescribed. such as co-ownership or farmers cooperative or some other form of collective organization. SEC. The payments for the first three (3) years after the award may be at reduced amounts as established by the PARC. or workers on the land. which shall contain the restrictions and conditions provided for in this Act. there is not enough land to accommodate any or some of them. and shall be recorded in the Register of Deeds concerned and annotated on the Certificate of Title. except in meritorious cases as determined by the PARC. Provided. aptitude.

—Lands acquired by beneficiaries under this Act may not be sold. be given due notice thereof by the BARC. or to other qualified beneficiaries for a period of ten (10) years. shall. the land shall be transferred to the LBP which shall give due notice of the availability of the land in the manner specified in the immediately preceding paragraph. That the children or the spouse of the transferor shall have a right to repurchase the land from the government or LBP within a period of two (2) years. Farms Owned or Operated by Corporations or Other Business Associations. and this mortgage may be foreclosed by the LBP for nonpayment of an aggregate of three (3) annual amortizations. Standing Crops at the Time of Acquisition. shall cultivate the land himself. or to the government. Provided.—The landowner shall retain his share of any standing crops unharvested at the time the DAR shall take possession of the land under Section 16 of the Act. the following rules shall be observed by the PARC: 324 . SEC. SEC. in turn. 27. 28. Should the scheduled annual payments after the fifth year exceed ten percent (10%) of the annual gross production and the failure to produce accordingly is not due to the beneficiary’s fault. In the event of such transfer to the LBP. and shall be given a reasonable time to harvest the same. Transferability of Awarded Lands. together with the value of improvements he has made on the land. the latter shall compensate the beneficiary in one lump sum for the amounts the latter has already paid. as a condition for such transfer or conveyance. with prior approval of the DAR. 29. or the LBP. the LBP may reduce the interest rate or reduce the principal obligation to make the repayment affordable. transferred or conveyed except through hereditary succession. the rights to the land may be transferred or conveyed. The Provincial Agrarian Reform Coordinating Committee (PARCCOM) as herein provided. The LBP shall have a lien by way of mortgage on the land awarded to the beneficiary. Failing compliance herewith. The LBP shall advise the DAR of such proceedings and the latter shall subsequently award the forfeited landholding to other qualified beneficiaries.LAND five (5) annual payments may not be more than five percent (5%) of the value of the annual gross production as established by the DAR. If the land has not yet been fully paid by the beneficiary. A beneficiary whose land. as provided herein. however.—In the case of farms owned or operated by corporations or other business associations. to any heir of the beneficiary or to any other beneficiary who. Chapter VIII Corporate Farms SEC. Due notice of the availability of the land shall be given by the LBP to the Barangay Agrarian Reform Committee (BARC) of the barangay where the land is situated. has been foreclosed shall thereafter be permanently disqualified from becoming a beneficiary under this Act.

and woods. to be taken from the land owned by the cooperative or corporation.—The individual members of the cooperatives or corporations mentioned in the preceding section shall be provided with homelots and small farmlots for their family use. actually devoted to agricultural activities. any agreement existing at the time this Act takes effect between the former and the previous landowner shall be respected by both the workers’ cooperative or association and the corporation or business association.COMPREHENSIVE AGRARIAN REFORM PROGRAM In general. then it shall be owned collectively by the worker-beneficiaries who shall form a workers’ cooperative or association which will deal with the corporation or business association. but it is a principle. “A man’s country is not a certain area of land. Until a new agreement is entered into by and between the workers’ cooperative or association and the corporation or business association. In no case shall the compensation received by the workers at the time the shares of stocks are distributed be reduced.” — George William Curtis (T. under such terms and conditions. corporations owning agricultural lands may give their qualified beneficiaries the right to purchase such proportion of the capital stock of the corporation that the agricultural land. as they may agree upon. Upon certification by the DAR. In case it is not economically feasible and sound to divide the land. bears in relation to the company’s total assets. rivers. Corporate Landowners. Corporations or associations which voluntarily divest a proportion of their capital stock. of mountains. SEC. Homelots and Farmlots for Members of Cooperatives. with respect to their equity or participation. under such terms and conditions as may be agreed upon by them. consistent with this Act. and patriotism is loyalty to that principle. subject to confirmation by the DAR. That the following conditions are complied with: 325 . lands shall be distributed directly to the individual workerbeneficiaries. equity or participation in favor of their workers or other qualified beneficiaries under this section shall be deemed to have complied with the provisions of the Act: Provided. 31. 30. The same principle shall be applied to associations.—Corporate landowners may voluntarily transfer ownership over their agricultural landholdings to the Republic of the Philippines pursuant to Section 20 hereof or to qualified beneficiaries. Cayton) SEC.

In the event that the individual or entity realizes a profit. as compensation for such transitory managerial and technical functions as it will perform. Any shares acquired by such workers and beneficiaries shall have the same rights and features as all other shares.LAND a. d. subject to the approval of the DAR. whereby three percent (3%) of the gross sales from the production of such lands are distributed within sixty (60) days at the end of the fiscal year as compensation to regular and other farmworkers in such lands over and above the compensation they currently receive. Irrespective of the value of their equity in the corporation or association. SEC. 32. a transitory period. and c. or operating under lease or management contract agricultural lands are hereby mandated to execute a production-sharing plan with their farmworkers or farmworkers’ organization. an additional ten percent (10%) of the net profit after tax shall be distributed to said regular and other farmworkers within ninety (90) days of the end of the fiscal year. if one exists. Provided. Any transfer of shares of stock by the original beneficiaries shall be void ab initio unless said transaction is in favor of a qualified and registered beneficiary within the same corporation. if any. To forestall any disruption in the normal operation of lands to be turned over to the farmworker-beneficiaries mentioned above. the books of the corporation or association shall be subject to periodic audit by certified public accountants chosen by the beneficiaries. pursuant to an agreement that the farm worker-beneficiaries and the managerial.—Pending final land transfer. If within two (2) years from the approval of this Act. b. individuals or entities owning. upon proper application. the land or stock transfer envisioned above is not made or realized or the plan for such stock distribution approved by the PARC within the same period. In order to safeguard the right of beneficiaries who own shares of stocks to dividends and other financial benefits. of the corporation or association. 326 . During this transitory period. shall be established. determines a lower ceiling. supervisory and technical group may conclude. or in a management or executive committee. That these individuals or entities realize gross sales in excess of five million pesos per annum unless the DAR. supervisory and technical group in place at the time of the effectivity of this Act. at least one percent (1%) of the gross sales of the entity shall be distributed to the managerial. Production-Sharing. the beneficiaries shall be assured of at least one (1) representative in the board of directors. the agricultural land of the corporate owners or corporation shall be subject to the compulsory coverage of this Act. the length of which shall be determined by the DAR.

The foregoing provision shall not apply to agricultural lands subsequently converted to fishpond or prawn farms provided the size of the land converted does not exceed the retention limit of the landowner.A. and prawn farms are hereby mandated to execute within six (6) months from the effectivity of this Act an incentive plan with their regular fishpond or prawn farmworkers or fishpond or prawn farm workers’ organization. Chapter IX Support Services SEC. No. shall be followed.5%) of their net profit before tax from the operation of the fishpond or prawn farms are distributed within sixty (60) days at the end of the fiscal year as compensation to regular and other pond workers in such ponds over and above the compensation they currently receive. 32-A. 4. taking into account the factors enumerated in Section 17. the books of the fishpond or prawn farm owners shall be subject to periodic audit or inspection by certified public accountants chosen by the workers. the price as determined by the PARC. the PARC shall consult closely with the landowner and the workers-beneficiaries. In order to safeguard the right of the regular fishpond or prawn farm workers under the incentive plan. if accepted by the workers-beneficiaries. Creation of Support Services Office. Payment of Shares of Cooperative or Association.—Individuals or entities owning or operating fishponds SEC. in addition to the need to stimulate the growth of cooperatives and the objective of fostering responsible participation of the workers-beneficiaries in the creation of wealth In the determination of a price that is just not only to the individual but to society as well. without prejudice to the landowner’s right to petition the Special Agrarian Court to resolve the issue of valuation. R. Valuation of Lands.COMPREHENSIVE AGRARIAN REFORM PROGRAM Incentives. 327 . The Office shall provide general support and coordinative services in the implementation of the programs particularly in carrying out the provisions of the following services to farmer-beneficiaries and affected landowners: _______________________ 74 74 New section introduced by Sec. 7881.—A valuation scheme for the land shall be formulated by the PARC. In case of disagreement.—There is hereby created the Office of Support Services under the DAR to be headed by an Undersecretary. 20 February 1995. SEC. The landowner and the LBP shall assist the farmersbeneficiaries and workers-beneficiaries in the payment for said shares by providing credit financing. SEC. 34. if any.—Shares of a cooperative or association acquired by farmers-beneficiaries or workers-beneficiaries shall be fully paid for in an amount corresponding to the valuation as determined in the immediately succeeding section. 35. 33. whereby seven and a half percent (7.

mini dams. especially second crop or dry season irrigation facilities. 6. as well as marketing and management assistance and support to cooperatives and farmers’ organizations. for agro-industrialization based on social collaterals like the guarantees of farmers’ organizations. 2. 9. the preparation of the physical development plan of such settlements providing suitable barangay sites. Infrastructure development and public works projects in areas and settlements that come under agrarian reform. developing and extending financial assistance to small and medium-scale industries in agrarian reform areas. Funding for Support Services. Extension services by way of planting. production and postharvest technology transfer. Price support and guarantee for all agricultural produce. Undertake research. management and funding of support services programs and projects including pilot projects and models related to agrarian reform as developed by the DAR. Extending to small landowners. 5.—The PARC shall ensure that support services to farmers-beneficiaries are provided. potable water and power resources. public utilities. 4. 7. and 11. In relation. 37. and for this purpose. c. at least twenty-five percent (25%) of all appropriations for agrarian reform shall be immediately set aside and made available for this purpose.—In order to cover the expenses and cost of support services. operation.LAND 1. 36. 10. marketing and storage facilities. Support Services to the Beneficiaries. Land surveys and titling. SEC. irrigation systems and other facilities for a sound agricultural development plan. SEC. such as: a. Promoting. 8. development and dissemination of information on agrarian reform and low-cost and ecologically sound farm inputs and technologies to minimize reliance on expensive and imported agricultural inputs. like concessional and collateral-free loans. Administration. Liberalized terms on credit facilities and production loans. b. the DAR shall be authorized to package proposals and receive grants. Assistance in the identification of ready market for agricultural produce and training in other various aspects of marketing. Development of cooperative management skills through intensive training. d. and 328 . Assigning sufficient numbers of agricultural extension workers to farmers’ organization. Infrastructure such as access trails. farmers’ organizations the necessary credit. 3. Government subsidies for the use of irrigation facilities. cropping. aid and other forms of financial assistance from any source. Irrigation facilities.

Other services designated to utilize productively the proceeds of the sale or such lands for rural industrialization.COMPREHENSIVE AGRARIAN REFORM PROGRAM e. and to conserve soil fertility and prevent erosion. SEC. financial and counseling assistance. shall provide landowners affected by the CARP and prior agrarian reform programs with the following services: a. Marketing of LBP bonds. as well as promoting the marketability of said bonds in traditional and non-traditional financial markets and stock exchanges. including the forfeiture of the land transferred to him or lesser sanctions as may be provided by the PARC.—The PARC with the assistance of such other government agencies and instrumentalities as it may direct. personnel. equipment and records. 39. Investment information. for its supervision including all its applicable and existing funds. the Central Bank and other government institutions and instrumentalities. 329 . and d. Support Services to Landowners. Misuse diversion of the financial and support services herein provided shall result in sanctions against the beneficiary guilty thereof. the LBP. production and use of organic fertilizers and other local substances necessary in farming and cultivation. The LBP shall redeem a landowner’s LBP bonds at face value. A landowner who invests in rural-based industries shall be entitled to the incentives granted to a registered enterprise engaged in a pioneer or preferred area of investment as provided for in the Omnibus Investment Code of 1987. without prejudice to criminal prosecution. or to such other incentives as the PARC. b. SEC. The PARC shall formulate policies to ensure that support services to farmer beneficiaries shall be provided at all stages of land reform. The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) Secretariat shall be transferred and attached to the LBP. provided that the proceeds thereof shall be invested in a BOI-registered company or in any agribusiness or agro-industrial enterprise in the region where the landowner has previously made investments.—The DAR shall carry out land consolidation projects to promote equal distribution of landholdings. to the extent of thirty percent (30%) of the face value of said LBP bonds. c. subject to guidelines that shall be issued by the LBP. Research. 38. Facilities. or other government financial institutions may provide. programs and schemes for the conversion or exchange of bonds issued for payment of the lands acquired with stocks and bonds issued by the national government. properties. Land Consolidation. to provide the needed infrastructures in agriculture.

Lee) tribal communities shall be allowed to enjoy and exploit the products of the forest other than timber within the logging concessions. the following principles in these special areas of concern shall be observed: 1. Subject to existing laws.—This is an integral part of the Comprehensive Agrarian Reform Program. including seaweed farmers. traditional or pioneering crops shall be given priority. uncultivated lands of the public domain shall be made available on a lease basis to interested and qualified parties. proclaimed and developed as farm settlements for qualified landless people based on an organized program to ensure their orderly and early development. “The first farmer was the first man. Subject to the prior rights of qualified beneficiaries.” — Ralph Waldo Emerson settlers and members of (Y. 330 .LAND Chapter X Special Areas of Concern SEC. Agricultural land allocations shall be made for ideal family-size farms as determined by the PARC. shall be assured of greater access to the utilization of water resources. 40. suitable areas. mining and pasture areas. as determined by the Department of Environment and Natural Resources (DENR). 2. Subsistence fishing—Small fisherfolk. Special Areas of Concern. Pioneers and other settlers shall be treated equally in every respect. in logging. shall be opened up for agrarian settlements whose beneficiaries shall be required to undertake reforestation and conservation production methods. Parties who will engage in the development of capital intensive. All historic nobility rests on rules and regulations. 3. Logging and mining concessions—Subject to the requirement of a balanced ecology and conservation of water resources. the possession and use of land. Sparsely occupied public agricultural lands—Sparsely occupied agricultural lands of the public domain shall be surveyed.

the EXCOM may meet and decide on any and all matters in between meetings of the PARC. and three (3) representatives of affected landowners to represent Luzon. and such other members as the President may designate. The Presidential Agrarian Reform Council.—There shall be an Executive Committee (EXCOM) of the PARC composed of the Secretary of the DAR as Chairman. the Secretary of Agrarian Reform as Vice Chairman and the following as members: Secretaries of the Departments of Agriculture. landless war veterans and veterans of military campaigns. two (2) each from Luzon. however. Visayas and Mindanao.—The Presidential Agrarian Reform Council (PARC) shall be composed of the President of the Philippines as Chairman. A system of evaluation and audit shall be instituted. Visayas and Mindanao. their surviving spouse and orphans. Trade and Industry. Public Works and Highways. 41.COMPREHENSIVE AGRARIAN REFORM PROGRAM The lease period. equal shares of the farm’s produce. National Irrigation Administration. Agriculture graduates—Graduates of agricultural schools who are landless shall be assisted by the government. in their desire to own and till agricultural lands. That its decisions must be reported to the PARC immediately and not later than the next meeting. Idle. Budget and Management. retirees of the Armed Forces of the Philippines (AFP) and the Integrated National Police (INP). Labor and Employment. Veterans and retirees—In accordance with Section 7 of Article XVI of the Constitution. Environment and Natural Resources. and sequestered lands—Idle. provided that one of them shall be from the cultural communities. abandoned. Provided. President. shall be proportionate to the amount of investment and production goals of the lessee. Administrator. Finance. 7. Rural women—All qualified women members of the agricultural labor force must be guaranteed and assured equal right to ownership of the land. Director-General of the National Economic and Development Authority. If land area permits. foreclosed. which shall not be more than a total of fifty (50) years. 5. 4. Unless otherwise directed by PARC. six (6) representatives of agrarian reform beneficiaries. and similar beneficiaries shall be given due consideration in the disposition of agricultural lands of the public domain. other landless families shall be accommodated in these lands. taking into account Article XIII. Local Government. surrenderees. through the DAR. 42. Executive Committee. Chapter XI Program Implementation SEC. foreclosed and sequestered lands shall be planned for distribution as homelots and family size farmlots to actual occupants. SEC. abandoned. Section 5 of the Constitution. returnees. 6. and representation in advisory or appropriate decision-making bodies. 331 . Land Bank of the Philippines.

—The PARC shall provide the guidelines for a province-by-province implementation of the CARP. the BARC shall have the following functions: a. 332 .—A PARC Secretariat is hereby established to provide general support and coordinative services such as interagency linkages. two representatives from landowners. All officers and employees of the Secretariat shall be appointed by the Secretary of Agrarian Reform. and general operations monitoring for the PARC. agricultural cooperatives and nongovernmental organizations in the province. Province by Province Implementation. the latter shall likewise have one representative. guidelines issued by the PARC and on the progress of the CARP in the province. at least one of whom shall be a producer representing the principal crop of the province. Provided.LAND SEC. 45. Mediate and conciliate between parties involved in an agrarian dispute including matters related to tenurial and financial arrangements. The ten-year program of distribution of public and private lands in each province shall be adjusted from year to year by the province’s PARCCOM in accordance with the level of operations previously established by the PARC. at least one of whom shall be a farmer or farmworker representing the principal crop of the province. in every case ensuring the support services are available or have been programmed before actual distribution is effected. and one representative each from the Departments of Agriculture.— A Provincial Agrarian Reform Coordinating Committee is hereby created in each province. one representative each from existing farmers’ organizations. SEC. program and project appraisal and evaluation. It shall provide information on the provisions of the CARP. 229.—In addition to those provided in Executive Order No. composed of a Chairman. Functions of the BARC. b. and of Environment and Natural Resources and from the LBP. Provincial Agrarian Reform Coordinating Committee (PARCCOM). That in areas where there are cultural communities. and two representatives from farmer and farmworker-beneficiaries. the Provincial Agrarian Reform Officer as Executive Officer. 46. 229 regarding the organization of the Barangay Agrarian Reform Committee (BARC) shall be in effect. 47. Assist in the identification of qualified beneficiaries and landowners within the barangay. The Secretariat shall be headed by the Secretary of Agrarian Reform who shall be assisted by an Undersecretary and supported by a staff whose composition shall be determined by the PARC Executive Committee and whose compensation shall be chargeable against the Agrarian Reform Fund.—Unless otherwise provided in this Act. SEC. the provisions of Executive Order No. as members. 44. The PARCCOM shall coordinate and monitor the implementation of the CARP in the province. SEC. SEC. who shall be appointed by the President upon the recommendation of the EXCOM. Barangay Agrarian Reform Committee. Secretariat. 43.

f. It shall have the power to summon witnesses.—The BARC or any member thereof may. If after the lapse of the thirty-day period. 48. require submission of reports. 50. Assist the DAR representatives in the preparation of periodic reports on the CARP implementation for submission to the DAR.—The DAR is hereby vested with the primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR). SEC. Rules and Regulations. age. 49. whether substantive or procedural. Legal Assistance. expeditious and inexpensive determination for every action or proceeding before it.—The PARC and the DAR shall have the power to issue rules and regulations. Toward this end. Assist qualified beneficiaries in obtaining credit from lending institutions.COMPREHENSIVE AGRARIAN REFORM PROGRAM c. g. It shall not be bound by technical rules of procedure and evidence but shall proceed to hear and decide all cases. and subpoena duces tecum. seek the legal assistance of the DAR and the provincial. Attest to the accuracy of the initial parcellary mapping of the beneficiary’s till- d. or municipal government. and enforce its writs through sheriffs or other duly deputized officers. administer oaths. it shall adopt a uniform rule of procedure to achieve a just. and h. employing all reasonable means to ascertain the facts of every case in accordance with justice and equity and the merits of the case. it shall issue a certification of its proceedings and shall furnish a copy thereof upon the parties within seven (7) days after the expiration of the thirty day period. conciliate and settle agrarian disputes lodged before it within thirty (30) days from its taking cognizance thereof. it is unable to settle the dispute. e. Said rules shall take effect ten (10) days after publication in two (2) national newspapers of general circulation. city. Assist in the initial determination of the value of the land. compel the production of books and documents and answers to interrogatories and issue subpoena. to carry out the objects and purposes of this Act. Coordinate the delivery of support services to beneficiaries. whenever necessary in the exercise of any of its functions hereunder. SEC. It shall likewise have the power 333 . Chapter XII Administrative Adjudication SEC. Perform such other functions as may be assigned by the DAR. take testimony. disputes or controversies in a most expeditious manner. The BARC shall endeavor to mediate. Quasi-Judicial Powers of the DAR.

Provided. Certificate of the BARC. That when there are two or more representatives for any individual or group. Provided. order. Only one (1) motion for reconsideration shall be allowed. however. the DAR may impose reasonable penalties. or interpretation of this Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except as otherwise provided in this Act within fifteen (15) days from the receipt of a copy thereof. 52.LAND to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court. implementation. the decision of the DAR shall be immediately executory.—Any case or controversy before it shall be decided within thirty (30) days after it is submitted for resolution. 334 . award or ruling of the DAR on any agrarian dispute or on any matter pertaining to the application. No Restraining Order or Preliminary Injunction. Certiorari. Chapter XIII Judicial Review SEC. the representatives should choose only one among themselves to represent such party or group before any DAR proceedings. That if no certification is issued by the BARC within thirty (30) days after a matter or issue is submitted to it for mediation or conciliation the case or dispute may be brought before the PARC.—To discourage frivolous or dilatory appeals from the decisions or orders on the local or provincial levels. or their organizations in any proceedings before the DAR. The findings of fact of the DAR shall be final and conclusive if based on substantial evidence. 51. Frivolous Appeals. or interpretation of this Act and other pertinent laws on agrarian reform. 55. SEC. SEC. 53. Finality of Determination.—Any decision. SEC.—The DAR shall not take cognizance of any agrarian dispute or controversy unless a certification from the BARC that the dispute has been submitted to it for mediation and conciliation without any success of settlement is presented. their fellow farmers. however. enforcement. Any order. ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof. including but not limited to fines or censures upon erring parties. necessary to. enforcement. 54. SEC. Notwithstanding an appeal to the Court of Appeals. or in connection with the application implementation. dispute or controversy arising from.—No court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC or any of its duly authorized or designated agencies in any case. Responsible farmer leaders shall be allowed to represent themselves.

Appointment of Commissioner. 58. SEC. however.—The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners.—An appeal may be taken from the decision of the Special Agrarian Courts by filing a petition for review with the Court of Appeals within fifteen (15) days from receipt of notice of the decision. SEC. An appeal from the decision of the Court of Appeals. after which the case is deemed submitted for decision. 61. SEC. and the prosecution of all criminal offenses under this Act. Orders of the Special Agrarian Courts. Procedure on Review. upon their own initiative or at the instance of any of the parties. 57. shall apply to all proceedings before the Special Agrarian Courts unless modified by this Act. The Supreme Court may designate more branches to constitute such additional Special Agrarian Courts as may be necessary to cope with the number of agrarian cases in each province. Appeals. The Court of Appeals. The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging to the Regional Trial Courts.—Review by the Court of Appeals or the Supreme Court. The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision. otherwise. Special Jurisdiction. In the designation. 59. including the valuation of properties. SEC. 60. as the case may be. and to file a written report thereof with the court. 335 .—No order of the Special Agrarian Courts on any issue. Special Agrarian Court. SEC. may appoint one or more commissioners to examine. shall be by petition for review with the Supreme Court within a non-extendible period of fifteen (15) days from receipt of a copy of said decision. question.—The Supreme Court shall designate at least one (1) branch of the Regional Trial Court (RTC) within each province to act as a Special Agrarian Court. ruling or decision of the DAR. the decision shall become final. or from any order. the Supreme Court shall give preference to the Regional Trial Courts which have been assigned to handle agrarian cases or whose presiding judges were former judges of the defunct Court of Agrarian Relations. The Regional Trial Court (RTC) judges assigned to said courts shall exercise said special jurisdiction in addition to the regular jurisdiction of their respective courts. as the case may be.COMPREHENSIVE AGRARIAN REFORM PROGRAM SEC. The Rules of Court. investigate and ascertain facts relevant to the dispute. matter or incident raised before them shall be elevated to the appellate courts until the hearing shall have been terminated and the case decided on the merits.s—The Special Agrarian Courts. shall be governed by the Rules of Court. 56. may require the parties to file simultaneous memoranda within a period of fifteen (15) days from notice.

or the locality has become urbanized and the land will have a greater economic value for Proceeds of the disposition of the properties of the Government in foreign coun- 336 . Sources of funding or appropriations shall include the following: a. All funds appropriated to implement the provisions of this Act shall be considered continuing appropriations during the period of its implementation.—The Land Bank of the Philippines shall be the financial intermediary for the CARP. All cases pending in court arising from or in connection with the implementation of this Act shall continue to be heard. Proceeds of the sales of the Assets Privatization Trust. 65. c. notwithstanding the expiration of the ten-year period mentioned in Section 5 hereof. Additional amounts are hereby authorized to be appropriated as and when needed to augment the Agrarian Reform Fund in order to fully implement the provisions of this Act. b. 64. Chapter XIV Financing SEC. both trial and appellate. tried and decided into their finality. Chapter XV General Provisions SEC. 63. shall give preferential attention to all cases arising or in connection with the implementation of the provisions of this Act. and other support services required by this Act. 62.—The initial amount needed to implement this Act for the period of ten (10) years upon approval hereof shall be funded from the Agrarian Reform Fund created under Sections 20 and 21 of Executive Order No. infrastructures. e. when the land ceases to be economically feasible and sound for agricultural purposes.LAND SEC. 229. tries. d. SEC.—After the lapse of five (5) years from its award. and shall ensure that the social justice objectives of the CARP shall enjoy a preference among its priorities. to be used for the specific purposes of financing production credits. Financial Intermediary for the CARP. Other government funds not otherwise appropriated. All receipts from assets recovered and from sales of ill-gotten wealth recovered through the Presidential Commission on Good Government. Preferential Attention in Courts. Conversion of Lands. Funding Source.—All courts in the Philippines. Portion of amounts accruing to the Philippines from all sources of official foreign aid grants and concessional financing from all countries.

upon application of the beneficiary or the landowner. may authorize the reclassification or conversion of the land and its disposition. That small-farmer coo(G. entitled “Proclaiming Certain Areas and Types of Projects as Environmentally Critical and Within the Scope of the Environmental Impact Statement (EIS) System established under Presidential Decree No. aquifers and mangrove vegetations from pollution and environmental degradation. except when the use of the land is more economically feasible and sound for fishpond and/or prawn farm. (B-5) and (C-1) and title (B). with due notice to the affected parties. No conversion of more than five (5) hectares of private lands to fishpond and prawn farms shall be allowed after the passage of this Act. 7881. Provided. Conversion into Fishpond and Prawn Farms. Provided.COMPREHENSIVE AGRARIAN REFORM PROGRAM residential. In such case. furtherMuller more. 65-A. the Department of Environment and Natural Resources (DENR) shall allow the lease and development of such areas. further. public agricultural lands into fishponds and prawn farms shall be made except in situations where the provincial government with the concurrence of the Bureau of Fisheries and Aquatic Resources (BFAR) declares a coastal zone as suitable for fishpond development. 2146. That the declaration shall not apply to environmentally critical projects and areas as contained in title (A) subparagraph two.” to ensure the protection of river systems. commercial or industrial purposes. That the approval shall be in accordance with a set of guidelines to be drawn up and “To see mangrove trees with a solid green makes people promulgated by the DAR and look at the landscape instead of the people. Provided.—No conversion of SEC. and subject to existing laws. the De_______________________ 75 75 New section introduced by Sec. 20 February 1995. No. as certified by the Bureau of Fisheries and Aquatic Resources (BFAR). That the beneficiary shall have fully paid his obligation. 1586. the DAR. and a simple and absolute majority of the regular farm workers or tenants agree to the conversion. 5. R. 337 . Provided. Siargao Mangrove Forest) peratives and organizations shall be given preference in the award of the Fishpond Lease Agreement (FLAs).”— Robert the BFAR. Tapan. number eleven (11) of Proclamation No.A.

Change of Crops. That all arrearages in real property taxes. 5. These transactions shall also be exempted from the payment of registration fees. but not limited to. 338 . Thereby Revising and Consolidating the Laws Governing the Ownership. and all other taxes and fees for the conveyance or transfer thereof. 20 February 1995. the Environmental Management Bureau (EMB). No lease under Section 65-A hereof may be granted until after the completion of the said inventory. Provided. without penalty or interest. Appropriation. 5. Conservation and Protection of Water Resources.A. The Secretary of Environment and Natural Resources shall provide the penalties for any violation of this undertaking as well as the rules for its implementation. BFAR shall undertake and finish an inventory of all government and private fishponds and prawn farms. sufficient to protect the environment. primarily Presidential Decree No. a portion of the fishpond area fronting the sea. Development. 65-B. pollution charges and other pollution control measures such as. Inventory.” Protection of Mangrove Areas. finally. 1067.—The change of crops to commercial crops or SEC. R. No. 65-D. The sustainable management and utilization of prawn farms and fishponds shall be in accordance with the effluent standards.A. 78 New section introduced by Sec. shall be established as a buffer zone and be planted to specified mangrove species to be determined in consultation with the regional office of the DENR. 20 February 1995. if any. That no piecemeal conversion to circumvent the provisions of this Act shall be allowed. 5. New section introduced by Sec. and undertake a program to promote the sustainable management and utilization of prawn farms and fishponds. shall be exempted from taxes arising from capital gains. entitled “A Decree Instituting a Water Code. R. _______________________ 76 77 76 77 78 New section introduced by Sec. high value crops shall not be considered as a conversion in the use or nature of the land. and other appropriate government regulatory bodies. 20 February 1995.—Within one (1) year from the effectivity of this Act. may approve applications for change in the use of the land.—In existing Fishpond Lease AgreeSEC. SEC. the quantity of fertilizers. pesticides and other chemicals used. 7881. In these cases where the change of use is approved. that may be established by the Fertilizer and Pesticide Authority (FPA). Exploitation. 65-C.—Transactions under this Act involving a transfer of ownership. ments (FLAs) and those that will be issued after the effectivity of this Act. No.A. Exemptions from Taxes and Fees of Land Transfers. No. R. 7881. shall first be obtained. the SEC. shall be deductible from the compensation to which the owner may be entitled. the provisions of Section 32-A hereof on incentives shall apply. 66. The change in crop should however. not prejudice the rights of tenants or leaseholders should there be any and the consent of a simple and absolute majority of the affected farm workers.LAND partment of Agrarian Reform. Utilization. whether from natural or juridical persons. and existing regulations governing water utilization. Provided. 7881.

bureaus and offices. in the exercise of its functions. SEC. Prohibited Acts and Omissions. the Department of Environment and Natural Resources (DENR). SEC. 69. Immunity of Government Agencies from Undue Interference. the Department of Agriculture (DA).—Banks and other financial institutions allowed by law to hold mortgage rights or security interests in agricultural lands to secure loans and other obligations of borrowers. is hereby authorized to call upon the assistance and support of other government agencies. Mortgages and other claims registered with the Register of Deeds shall be assumed by the government up to an amount equivalent to the landowner’s compensation value as provided in this Act. free from payment of all fees and other charges. subject to existing laws on compulsory transfer of foreclosed assets and acquisition as prescribed under Section 16 of this Act. 70. restraining order. patents. management. Any sale or disposition of agricultural lands after the effectivity of this Act found to be contrary to the provisions hereof shall be null and void. SEC. Free Registration of Patents and Titles. and Other Claims.—Lands covered by this Act under lease.—All Registers of Deeds are hereby directed to register. including government-owned or controlled corporations. prohibition or mandamus shall be issued by the lower courts against the Department of Agrarian Reform (DAR). b. titles and documents required for the implementation of the CARP. grower or service contracts. SEC. The Register of Deeds shall not register the transfer of any agricultural land without the submission of this sworn statement together with the proof of service of a copy thereof to the BARC. SEC. management. 71.COMPREHENSIVE AGRARIAN REFORM PROGRAM SEC. Assistance of Other Government Entities. Bank Mortgages. 73. Grower or Service Contracts. 72. and the Department of Justice (DOJ) in their implementation of the program. may acquire title to these mortgaged properties.—The sale or disposition of agricultural lands retained by a landowner as a consequence of Section 6 hereof shall be valid as long as the total landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired shall not exceed the landholding ceilings provided for in this Act. 68. Lease. in the meantime. Mortgages. regardless of area. Lease. grower or service contracts covering private lands may continue under their original terms and conditions until the expiration of the same even if such land has. Management. Disposition of Private Agricultural Lands. been transferred to qualified beneficiaries.—The following are prohibited: 339 .—The PARC. and the like shall be disposed of as follows: a. 67. Transferees of agricultural lands shall furnish the appropriate Register of Deeds and BARC an affidavit attesting that his total landholdings as a result of the said acquisition do not exceed the landholding ceiling.—No injunction. SEC.

A. 5. both series of 1987. of agricultural lands in excess of the total retention limits or award ceilings by any person. 73-A. 3844. the officer responsible therefore shall be criminally liable. The date of the registration of the deed of conveyance in the Register of Deeds with respect to titled lands and the date of the issuance of the tax declaration to the transferee of the property with respect to unregistered lands. 946. Suppletory Application of Existing Legislation. The sale. d.000. 20 February 1995. transfer. and other laws not inconsistent with this Act shall have suppletory effect. 74. 228 and 229. The willful prevention or obstruction by any person. b. except those under collective ownership by farmer beneficiaries. R. or both.00). No. in order to circumvent the provisions of this Act. shall be conclusive for the purpose of this Act.000.—Any person who knowingly or willfully violates the provisions of this Act shall be punished by imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less than one thousand pesos (P1. 7881. The conversion by any landowner of his agricultural land into any nonagricultural use with intent to avoid the application of this Act to his landholdings and to dispossess his tenant farmers of the land tilled by them. to the conSEC. conveyance or change of the nature of lands outside of urban centers and city limits either in whole or in part after the effectivity of this Act. SEC. at the discretion of the court. transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he acquired by virtue of being a beneficiary. c. Repealing Clause. association or entity of the implementation of the CARP. 3844 as amended. e. 76.—The provisions of Republic Act No. SEC.—Section 35 of Republic Act No. The ownership or possession. natural or juridical. The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the rights and benefits of the Agrarian Reform Program. the last two paragraphs of Section 12 of Presidential Decree No. Exception—The provisions of Section 73. SEC. trary notwithstanding.00) and not more than fifteen thousand pesos (P15. the sale and/or transfer of agricultural land in cases where such sale. Presidential Decree Nos. paragraph (e). 27 and 266 as amended. 316. as the case may be. 75. transfer or conveyance is made necessary as a result of a bank’s foreclosure of the mortgaged land is hereby permitted.LAND a. Executive Order Nos. 340 . Presidential Decree No. _______________________ 79 79 New section introduced by Sec. If the offender is a corporation or association. The sale. Penalties. for the purpose of circumventing the provisions of this Act.

the certificate merely evidences the government‘s recognition of the grantee as the party qualified to avail of the mechanism for the acquisition of ownership of the land.—This Act shall take effect immediately after publication in at least two (2) national newspapers of general circulation. rules. for any reason. 1988. but needs additional and extensive capital to establish and operate) G. executive orders. Separability Clause. Cases on Land Reform Vinzons-Magana v. Estrella The issuance of a certificate of land transfer to a land reform beneficiary prior to payment does not violate the property rights of the original owner.COMPREHENSIVE AGRARIAN REFORM PROGRAM Presidential Decree No. any section or provision of this Act is declared null and void. ECO-LIEN — The psychological need for security of tenure must be used for ecological advantage. SEC. 13 September 1991 Luz Farms v. and all other laws. 1038. and regulations. SEC. Secretary of Agrarian Reform The inclusion of land devoted to the raising of livestock. Effectivity Clause.R. provision. (Note: Poultry and livestock do not grow out of the land or soil. 86889. or part thereof shall be affected and the same shall remain in full force and effect. G.R. At most. Failure on the part of the farmer to comply with his obligations can result in the forfeiture of his certificate of land transfer.—If. Approved: June 10. Neither is this recognition permanent nor irrevocable. 78. 60269. issuances or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. poultry and swine in the Agrarian Reform Law is unconstitutional. 4 December 1990 341 . decrees. no other section. 77.

it is understandable for government not to immediately have the money needed for compensation. Department of Agrarian Reform Republic Act 6657. may be compelled to accept at face value Land Bank notes earlier received in payment of land expropriated under land reform. No outright change of ownership is contemplated. 15 February 1990 Association of Small Landowners v. unfair. a government-owned and controlled corporation. Since in land reform the owner seldom gets what he wants for his property. title also remains with the landowner. Until then.R. known as the Comprehensive Agrarian Reform Law is constitutional. 61293. G. Hence.LAND Maddumba v. 175 SCRA 343. As to the mode of compensation Since the Agrarian Reform Program does not deal with traditional expropriation. 1989 342 . hence constitutional. and thus. for the government to compel him further to discount those notes would be another sacrifice. As to the time when title is transferred The law conditions the transfer of possession and ownership of the land to the government on receipt by landowner of the corresponding payment or the deposit by the DAR of the compensation in cash or LBP bonds with an accessible bank. GSIS The GSIS. As to the manner of fixing compensation The determination by administrative authorities as to the amount of compensation may always be reviewed by the courts. some other device was found necessary.

and 343 . management. Executive Order No. and indispensable participation of communities as immediate stakeholders of the forest land resources in the protection and management of the forest ecosystem. Section 10 provides for the promotion of social justice to all citizens in all phases of national development. One strategy is to give the forest occupants certain tenurial privileges and rights over the land that they till. Although the law prohibits the disposition of public lands (such as forest lands) to private individuals. Whereas. the management of the forest. Thus was born the concept of community-based forest management. Section 17 mandates the State to recognize and respect the rights of the indigenous peoples to their ancestral domains and consider their customs. 192. Whereas.” People who have a stake in the well-being of the forest are in the best position to. Community Based Forest Management (Executive Order No. This perception began to shift when it was realized that they could be effective partners in the management of forested areas. Article XIV. both men and women. Whereas. traditions and beliefs in the formulation of laws and policies. Over the years. to a healthful and balanced ecology. 263) Whereas. rehabilitation. the Philippines 2000 and the government‘s Social Reform Agenda support people empowerment and the full. rehabilitation. development. and most effective partners in. Section 5 of Letter of Instruction No. thus ensuring a long-term interest on said land. series of 1987. meaningful. Section 16 of the 1987 Constitution provides for the protection and advancement of the right of the Filipino people. the State adopted a policy of granting long-term tenurial instruments in the concept of a lease to deserving occupants.COMMUNITY BASED FOREST MANAGEMENT Integrated Social Forestry The kaingineros (slash-and-burn farmers) had always been viewed as “enemies” of the forest. Whereas. Article II. Whereas. and management. mandates the Department of Environment and Natural Resources (DENR) as the primary government agency responsible for the sustainable management and development of the country’s natural resources. this concept has evolved into what is now known as the “community based approach. and targets the protection. Article II. 1260 forms the core of the regulatory instrument that now governs land tenure in forest lands. the 25-year Master Plan for Forestry Development also recognizes the indispensable role of local communities in forest protection.

4. in coordination with the local government units and the Department of Interior and Local Government (DILG) shall. SEC. Oposa) ronment-friendly. Therefore. expressSEC. do hereby order that: SECTION 1. Now.” under long term tenurial agree— Alexandria David-neel ments. take into account the needs and aspirations of local communities whose livelihood depends on the forestlands. at all times. 3. 2. by virtue of the powers vested in me by law. lofty or humble. Such harvesting methods shall be mentioned under a site-specific management plan of each recipient community and duly approved by the DENR. through the community-based forest management strategy. 344 . Ramos. The indigenous peoples may participate in the implementation of CBFM activities in recognition of their rights to their ancestral domains and land rights and claims. from the mighty peaks to the smallaccess to the forestland resources est of the tiny flowers hidden in the meadow’s grass. “Landscapes have a language of their own. which nized communities may be granted constitute them. provided they employ envi(A. Participating orgaing the soul of the things. I Fidel V. entrusting the responsibility for forest rehabilitation. and conservation to the community of stakeholders and affording them equitable access to the forest and coastal resources are viable forest land management strategies as borne by the experience of the DENR and various supporting agencies. ecologically-sustainable. SEC. Whereas. and labor-intensive harvesting methods. through its Community and Provincial Environment and Natural Resource Offices. President of the Philippines. protection.LAND utilization of at least 4 million hectares of forest lands. The DENR. Communitybased forest management (herein referred to as CBFM) shall be the national strategy to achieve sustainable forestry and social justice.

NGO coalition groups. private and public organizations. SEC. 7. National Defense and Justice. National Economic Development and Authority. 6. Other sources of fund may later be determined by the CBFM Steering Committee subject to existing government regulations. Trade and Industry. religious groups. The DENR shall establish a Community-Based Forest Management Special Account (CBFMSA) to support the implementation of the strategy and provide financial and professional incentive system for deserving communities and government personnel. non-government organizations. Science and Technology. Labor and Employment. members of the CBFM Steering Committee should. 9. Budget and Management. A. the DENR shall allot adequate funds to effectively accomplish CBFM targets and shall seek supplementary funding from local and foreign supporting agencies and organizations. SEC. such as people’s organizations. Finance. Committee on Flagship Programs and Projects of the Office of the President. arrangements for a community forestry training program for members of participating units. Philippine Commission on Countrywide Development under the Office of the President. Cooperative Development Authority. SEC. business and industry. 8. pending the passage of the revised Forestry Code. Interior and Local Government. The Committee shall formulate and develop policy guidelines that will create incentives and conditions necessary to effectively carry out community-based forest management strategy. SEC. 10. and other public and private organizations to become members of the Steering Committee. The DENR may source local and international grants and donations for the establishment of the CBFM Special Account. Accordingly. non-government organizations (NGOs). The Committee may invite representatives from the Philippine Chamber of Commerce. and other government personnel. 5. The DENR shall support and set up jointly with relevant colleges and universities. CBFM Steering Committee shall be created immediately and headed by the DENR with members from the Departments of Agriculture. people’s organizations (POs). and other concerned organizations to ensure that communities are empowered to initiate and achieve the objectives of this Order.COMMUNITY BASED FOREST MANAGEMENT SEC. at least. Presidential Management Staff under the Office of the President. In its budget preparation. SEC. 345 . Agrarian Reform. be represented by concerned Assistant Secretaries or heads of bureaus and agencies. Philippine Wood Products Association. and Offices of Northern and Southern Cultural Communities. The DENR shall work with local governments. local government units. DENR shall ensure the inclusion of budgetary allocation for CBFM in the annual General Appropriations Act.

Done in the City of Manila. GSIS and the SSS. submit to the Office of the President. The DENR Secretary shall issue new rules. enterprise development. SEC. tree plantations. 346 . a National Comprehensive Community “People who will not sustain trees will soon live in Forestry Action Plan. The DENR Secretary shall. agro-forestry development. within six months from the signing of this Order. me(A. 11. and guidelines necessary to implement this Order and repeal or modify existing ones consistent with the policies set forth by the CBFM Steering Committee. the DENR.LAND SEC. which emboa world that will not sustain people. are repealed or amended accordingly. this 19th day of July. the Land Bank of the Philippines (LBP). SEC. in consultation with government financial institutions. Within six months after the signing of this Order. The action plan shall be discussed and approved by the CBFM Steering Committee prior to its submission to the President. which are inconsistent herewith. such as the Development Bank of the Philippines (DBP). 13. procedures. SEC.” — Bryce Nelson dies the Department’s short. 12. Oposa) dium and long-term plans. regulations. 1995. and other non-forest-based alternative livelihood systems. 14. All previous executive and administrative issuances. shall effect the creation of favorable financing mechanisms for access by communities and organizations in the pursuit of the CBFM strategy and its sub-strategies such as community training and empowerment.

Coastal Environment Program (CEP). possession and sustainable development over a designated portion of the CBFM project. b. The agreement is binding for 25 years and renewable for another 25 years. Upland Development Program (UDP). and Recognition of Ancestral Domains/Claims. c. CFP. 2. It is a production sharing contract entered into by and between the government and People’s Organization (PO) to utilize a portion of the forest land with the sustainable forest management principles in mind. ISFP. CSCs are subject to the allocation and endorsement of the PO. sell and utilize products _______________________ CBFM has integrated and unified all people oriented forestry programs. This includes FLMP. Communities 80 1. develop and manage specified areas of forest lands. Forest Land Management Program (FLMP): This provides sole and exclu sive rights to its participants to occupy. LIUCP. Certificate of Ancestral Domain Claim-Community-Based Forest Management Agreement (CADC-CBFMA) and Certificate of Ancestral Land ClaimCommunity-Based Forest Management Agreement (CALC-CBFMA): These instruments are for CADC and CALC holders entering into a CBFMA Program.COMMUNITY BASED FOREST MANAGEMENT Allocation/Tenure Instruments in Production Forest Lands There are four basic categories of instruments that are used in production forest lands. These are classified according to those involved as follows: A. Community-Based Forest Management Agreement (CBFMA): This is the current instrument used in the country under EO 263. Series of 1995. Regional Resources Management Project (RRMP). CBFMA can also take other forms as discussed below: a. Protected Area Community-Based Resource Management Agreement (PA-CBRMA): This is awarded to POs of qualified tenured migrants and indigenous peoples (IP) in community based projects within protected areas. 80 347 . It also includes the privilege to harvest. Forestry Sector Project (FSP). Programs Prior to CBFMA: a. Integrated Rainforest Management Project (IRMP). This assures the latter peaceful occupation. Certificate of Stewardship Contract (CSC): This is an agreement between and among the government and an individual forest occupant or families.

protect and utilize a specified area of forestland and its forest resources. Recognition of Ancestral Domain Claims : The program aims to recognize the rights of indigenous cultural communities and indigenous peoples to their ancestral domains/lands. family or clan claiming a particular area they traditionally possess. Certificate of Ancestral Domain Claim (CADC): This is conferred to indigenous cultural community/indigenous people claiming a particular traditional territory they possess since time immemorial where ownership is based on their customs and traditions. Integrated Forest Management Agreement (IFMA): This is a production-sharing contract entered into by and between the DENR and a qualified applicant. Timber License Agreements (TLA): These endow individuals the right to possess and occupy and thus to utilize forest resource within a forestland with the condition of developing. It was conceptualized with the end of maximizing land productivity. They are binding for 25 years and renewable for another 25 years. d. protecting and rehabilitating the same. and improving the socio. II. develop and utilize forest resources in a sustainable manner. occupy and used since time immemorial. Investors 1. b. 2. The government does not issue TLAs anymore pursuant to the 1987 constitution. Community Forestry Program (CFP): This allows organized communities to manage. DENR awards two forms of certificates as described below: I. Income Upland Communities Project (LIUCP): This aims to achieve both a sustainable upland forest management and poverty alleviation in rural communities. c. B. 81 _______________________ The issuance of CADC and CALC was turned over to the NCIP from the DENR in 1997 with the passage of IPRA (RA 8371).economic conditions of forest occupants and communities. 81 348 . Integrated Social Forestry Program (ISFP): This endows families with Certificates of Stewardship (CS) over portions of forest lands. The contract is effective for a period of 25 years and renewable for another 25 years. manage. enhancing ecological stability. The government enters into a Forest Land Management Agreement (for this program) with forest occupants and residents of upland communities in lieu of national reforestation objectives.LAND grown on the land. e. The former confers exclusive rights to the latter to develop. Certificate of Ancestral Land Claim (CALC): This is bestowed to an indigenous Filipino individual.

Beneficiaries enjoy the property with the condition of preserving its form and substance without right of occupation. Communal Forest: This is a tract of forestland provided by the DENR Secretary for personal use of residents of a municipality or city. Other Allocation / Tenure Instruments 1. 2. D. binding for 25 years and renewable for another 25 years.COMMUNITY BASED FOREST MANAGEMENT 3. 4. utilize and manage a small tract of forest land consistent with the principles of sustainable development. Government Employees Contract of Usufruct: This endows a DENR employee with the rights to enjoy a maximum of 5 hectares in certain forest lands as tree farms while associations may be granted up to 150 hectares. Community Watershed Areas: These are forestlands designated by the DENR for specific local communities as 83 sources of water supply. Socialized Industrial Forest Management Agreement (SIFMA): This provides natural and juridical persons the right to develop. _______________________ EcoGov Book by Atty. Co-Management Agreement: This is an understanding between the DENR and an LGU towards comanagement of certain forest areas consistent with their respective mandates and the principles of sustainable forest management.” 83 EcoGov Book by Atty. collect and remove 82 forest products in accordance with the law and principles of sustainable development. Forest Land Grazing Management Agreement (FLGMA): This is used for grazing areas. C. 3. Oliva notes “[t]here is as yet no communal forest assigned by DENR to an LGU. This endows privileges to cut. 1.” 82 349 . Individuals or families and associations or cooperatives are qualified recipients through an agreement with the DENR. Oliva notes “[t]here is as yet no communal watershed that has been assigned by DENR to the LGU.

and the National Caves and Cave Resources Management and Protection Act. sunken logs.LAND Permits Issued for the Utilization of Forest Resources in Production Forest Lands Issued Permit 1. disposition and transport of rattan. granted by the DENR. : These are governed by EO 192 s. EO 247 s. : These are governed by RA 9147 s. Scientific/Academic Researches 5. 3. Wood Recovery Permit (WRP) Allocation/Tenure Instruments in Protected Areas Activities within protected areas are governed by NIPAS Act. Memorandum of Agreements. 2001. 2001. drifted logs. 2001. Ordinary Minor Forest Products License (OMFPL) Rattan (RCC) Cutting Contract Description : This provides permission to cut and utilize any forest products except for timber and rattan. electric power lines. etc. tree stumps. Export/Import/Re-Export (CITES/Non-CITES Permits and Certifications) 8. Special Land Uses within PA 4. Instrument 1. 1987 and sections 17 and 20 of RA 9147 s. 2001. Use/Development of Facilities Inside Protected Area 3. : This is a permit issued by the DENR for the recovery and disposition of abandoned logs. Wildlife Resources Conservation and Protection Act. : These are governed by DAO 20 s. 1996. 1995 and RA 9147 s. Energy Resources Surveys 6. uprooted and fire/typhoon damaged trees. : These are governed by RA 9147 s. : These are for energy resources surveys. 350 . Collection and Breeding of Wildlife Description : This is similar to the CBFM Agreements issued in production forest lands : These are usually done through Contracts. Bioprospecting (Commercial Research Agreements) 7. : These refer to installation of communication facilities. or Memorandum of Understanding. tops and branches. Protected Area Community Based Resource Management Agreement 2. 2. : This allows the cutting and gathering of rattan inside forest lands for the purpose of utilization.

apanit. The instrument is in the form of a Memorandum of Understanding or Memorandum of Agreement between PAWB and the applicant. lanete. Private (PLTP) Land Timber Permit 3. lumbayao. 2001. Homestead Patents. : This is covered by RA 9702. Sales Patents and Torrens titles obtained under the Land Registration Act : This is a permit granted to landowners for cutting. Permits are to be secured from PAWB. Collection and Removal of Guano and Other Cave Resources 11. This provides incentives to applicants. : This is provided to landowners for the cutting.COMMUNITY BASED FOREST MANAGEMENT Instrument 9. : This is covered by RA 9702. kalantas. banuyo. sangilo. gathering and utilization of naturally grown trees in private lands. gathering and utilization of premium hardwood species. 2. Special (STCP) Tree Cutting Permit 351 . Special Private Permit (SPLTP) Land Timber 4. manggis including Benguet pine. Local Transport of Wildlife 10. tindalo. molave. supa. teak. Development and Management of Caves Description : This is governed by RA 9147 s. betis. bakuling. : This is a permit issued by the Secretary of DENR for the cutting. ipil. both planted and naturally grown. Agreements and Permits Involving Forest Resources in Private Lands Instrument 1. Premium hardwood species include narra. This is granted to lands covered by administrative and judicial titles such as Free Patents. Private Forest Development Agreement (PFDA) Description : This is an agreement between DENR and a private landowner for the establishment and development of forest plantation within his private property. dao. akle. kamagong. bolongeta. gathering and/or utilization of trees which are affected in the implementation of government or private infrastructure and development projects.

Marcos. mechanization and heavy energy requirements characterize such type of operations. less fuel dependent operations and minimal effects on the environment are “Conservation is the foresighted utilization. multiple increases of oil and fuel prices. for the greatest good of the greatest number for small-scale mining. and Whereas. volatile commodity prices. Now. the Philippine mining industry has always been dominated by largescale mining operations.” — Gifford Pinchot Whereas. Ferdinand E. thereby alleviating the living conditions in the rural areas and will contribute additional foreign exchange earnings. waters. lands and minsupport to the development of erals. do hereby decree and order as follows: SECTION 1. stringent environmental control measures and high cost of capital proved to be most disastrous for Philippine large scale mines. whose main attraction is the attainment of economies of scale through low cost but large tonnage operations. policies. the longest time. I. and capital intensity with high debt-equity ratio. President of the Republic of the Philippines. Small-scale mining refers to any single unit mining operation having an annual production of not more than P50. abundance of cheap labor in the Philippines. 1899) Whereas. the development of these small mineral deposits will generate more employment opportunities. Whereas. incentives and financing are generally addressed to the large-scale sector of the industry. relative flexibility and simplicity of operations.LAND Minerals Small-Scale Mining Program (Presidential Decree No. Therefore. minimum capital requirements.000 metric tons of ore and satisfying the following requisites: 352 . prevailing statutes. the advent of inflation. by virtue of the powers vested in me by the Constitution. there exist small (Digital Vision) mineral deposits that are being or could be worked profitably at small tonnages requiring minimal capital investments utilizing manual labor. preservaamong the arguments that lend tion and/or renewal of forests. Whereas.

and its immediate vicinity. SEC. The holders of mining rights meeting the conditions of the preceding section may apply at any time as small-scale mining permittee/licensee. either open cast or shallow underground mining. New mining areas and/or areas covered by existing reservations not covered by valid and existing mining claims at the time of the promulgation of this Decree shall be governed by the implementing rules and regulations that shall be hereinafter promulgated. Done in the City of Manila. SEC. SEC. This Decree shall take effect immediately. rules and regulations before the promulgation of this Decree. rules and regulations. who have subsequently complied with existing mining rights. SEC. decrees. The permit area falling under this Section. which are inconsistent with any provisions of this Decree. shall promulgate rules and regulations to properly implement the provisions of this Decree. letter of instructions. are hereby repealed. shall be closed to mining location and the permittee/licensee shall have the first option to locate such areas under other mining laws/decrees. The permittee or licensee shall produce within twelve (12) months from the date of the issuance of the permit or license and shall submit verified periodic reports. this 23rd day of January.MINERALS 1. be exempt from payment of all taxes. or parts thereof. SEC. SEC. 7. whenever feasible. amended. 8. Minimal investment on infrastructures and processing plant. Non-compliance with these requirements shall result in the forfeiture of the rights granted under this Decree. 2. or modified accordingly. SEC. 4. 3. SEC. except income tax. The small-scale mining permittee/licensee shall. which he may deem unnecessary for the proper implementation of the provisions of this Decree. 10. The working is artisanal. 9. managed or controlled by an individual or entity qualified under existing mining laws. who have subsequently complied with existing mining laws. 2. during the term of the permit or license. SEC. The Director of Mines and Geosciences may waive some other requirements from other government agencies. rules and regulations. Owned. which shall be exercised within a period of two (2) years from the grant of the permit or license and to cover an area equivalent to but not exceeding one meridonial block. without the use of sophisticated mining equipment. provided they are holders of valid and existing mining rights. The Minister of Natural Resources. 5. 1984. upon the recommendation of the Director of Mines and Geosciences. 353 . Heavy reliance on manual labor. as determined by the Director of Mines and Geo-Sciences. executive orders. and 4. 6. A permit or license issued for this purpose shall be valid for two (2) years renewable for another like period. 3. administrative orders. The Bureau of Mines and Geosciences shall provide technical assistance. All laws.

—This Act shall be known as the “People’s Small-Scale Min- SEC. clay and like mineral resources. the following terms shall be defined as follows: a. Definitions. marble. chromite. Mineralized areas refer to areas with naturally occurring mineral deposits of gold. silver.—For purposes of this Act. 354 . Especially those that you cannot put back in. ing Act of 1991.LAND Be careful of what you take out of the Earth. 3. silica. develop. 2. giving due regard to existing rights as herein provided. Declaration of Policy. gravel.—It is hereby declared the policy of the State to promote. SEC. (Digital Vision) People’s Small-Scale Mining (Republic Act No. 7076) SECTION 1.” Title. kaolin. protect and rationalize viable small-scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nation’s wealth and natural resources.

in the extraction or removal of minerals or ore-bearing materials from the ground. which has entered into an agreement with the State for the small-scale utilization of a plot of mineral land within a people’s small-scale mining area. License refers to the privilege granted to a person to legitimately pursues his occupation as a small-scale miner or processor under this Act. Small-scale mining contractor refers to an individual or a cooperative of smallscale miners. Claim owner refers to a holder of an existing mining right. development. exploitation or commercial production as determined by the Secretary after the necessary field investigation or verification including contiguous and geologically related areas belonging to the same claim owner and/or under contract with an operator. Small-scale miners refers to Filipino citizens who. under the terms and conditions of a contract. Mining plan refers to a two-year program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials. 4. voluntarily form a cooperative duly licensed by the Department of Environment and Natural Resources to engage. j. there is hereby established a People’s 355 . polishing and other similar activities. Existing mining right refers to perfected and subsisting claim. cyanidation. sizing. h. Processor refers to a person issued a license to engage in the treatment of minerals or ore-bearing materials such as by gravity concentration. license or permit covering a mineralized area prior to its declaration as a people’s small-scale mining area. Small-scale mining contract refers to co-production. Small-scale mining refers to mining activities which rely heavily on manual labor using simple implements and methods and do not use explosives or heavy mining equipment. l. Director refers to the regional executive director of the Department of Environment and Natural Resources. lease. People’s Small-Scale Mining Program. joint venture or mineral production sharing agreement between the State and a small-scale mining contractor for the small-scale utilization of a plot of mineral land.PEOPLE’S SMALL-SCALE MINING b. and m. SEC. k. e. leaching benefication. g. cutting. f. but in no case to exceed the maximum area allowed by law. i. registered with the Securities and Exchange Commission or other appropriate government agency. individually or in the company of other Filipino citizens.—For the purpose of carrying out the declared policy provided in Section 2 hereof. c. Secretary refers to the Secretary of the Department of Environment and Natural Resources. d. including the financial plan and other resources in support thereof. Active mining area refers to areas under actual exploration.

and h. The identification. 5. plantation. b. and environmental problems connected with small-scale mining activities. The efficient collection of government revenue.—The following lands. parks and wildlife reservations. and other social services. Public lands not subject to any existing right.) or less. The extension of assistance in processing and marketing. economic.000 sq. b. subject to certain rights and conditions. when suitable for small-scale mining. immediately giving priority to areas already occupied and actively mined by small-scale miners before August 1. SEC. finally. That such areas are not considered as active mining areas: Provided. and reservation of certain mineral lands as people’s small-scale mining areas. 6. Declaration of People’s Small-Scale Mining Areas. 1987: Provided. cemetery or burial site. except those with substantial improvements or in bona fide and regular use as a yard. That the minerals found therein are technically and commercially suitable for small-scale mining activities: Provided.) from such cemetery or burial site. SEC. suitable for small-scale mining. designed to achieve an orderly.LAND Small-Scale Mining Program to be implemented by the Secretary of the Department of Environment and Natural Resources. subject to review by the Secretary. 356 . further. That the areas are not covered by existing forest rights or reservations and have not been declared as tourist or marine reserved. c. stockyard. The generation of ancillary livelihood activities. systematic. The encouragement of the formation of cooperatives. The People’s Small-Scale Mining Program shall include the following features: a. or land situated within one hundred meters (100 m. in coordination with other concerned government agencies. The regulation of the small-scale mining industry with the view to encourage growth and productivity. Public lands covered by existing mining rights which are not active mining areas. technical. Private lands. f. garden. d. The recognition of prior existing rights and productivity. g. m. Future People’s Small-Scale Mining Areas. and c. hereinafter called the Department.—The Board is hereby authorized to declare and set aside people’s small-scale mining areas in sites onshore. unless their status as such is withdrawn by competent authority. may be declared by the Board as people’s small scale mining areas: a. water reservoir or a separate parcel of land with an area of ten thousand square meters (10. The extension of technical and financial assistance. e. and rational scheme for the small-scale development and utilization of mineral resources in certain mineral areas in order to address the social. segregation. plant nursery.

Provided. Ancestral Lands. SEC.—The Board shall determine the reasonable size and shape of the contract area following the meridional block system established under Presidential Decree No. shall determine the right of the small-scale miners to existing facilities such as mining and logging roads. d. 9. but in no case shall the area exceed twenty hectares (20 has. claim-owner. as amended. Quantity of mineral deposits. SEC.—Upon the declaration of a people’s small-scale mining area. landowner or lessor. Applications for a contract shall be subject to a reasonable fee to be paid to the Department of Environment and Natural Resources regional office having jurisdiction over the area. Extent of Contract Area. SEC. f. in consultation with the operator.—No ancestral land may be declared as a people’s small-scale mining area without the prior consent of the cultural communities concerned: Provided. That. and Other related circumstances. e. 463. 10.PEOPLE’S SMALL-SCALE MINING SEC. Safety of miners. subject to payment of reasonable fees to the operator. 11. 7. port and communication facilities. That only one (1) people’s small-scale mining contract may be awarded at any one time to a small-scale mining contractor who shall start mining operations within one (1) year from the date of award: Provided. SEC. processing plants which are necessary for the effective implementation of the People’s Small-Scale Mining Program.—A people’s smallscale mining contract may be awarded by the Board to small-scale miners who have voluntarily organized and have duly registered with the appropriate government agency as an individual miner or cooperative. if ancestral lands are declared as people’s small-scale mining areas. 357 . b. private roads. the members of the cultural communities therein shall be given priority in the awarding of small-scale mining contracts. Environmental impact and other considerations. further. Size of membership and capitalization of the cooperative. c. Award of People’s Small-Scale Mining Contracts. otherwise known as the Mineral Resources Development Decree of 1974. Easement Rights. Size of mineralized area.—All persons undertaking smallscale mining activities shall register as miners with the Board and may organize themselves into cooperatives in order to qualify for the awarding of a people’s small-scale mining contract. claim-owner. That priority shall be given to small-scale miners residing in the province or city where the small-scale mining area is located. 8.) per contractor and the depth or length of the tunnel or adit not exceeding that recommended by the Director taking into account the following circumstances: a. the Director. landowner or lessor of an affected area. Registration of Small-Scale Miners.

c. b. subject to verification by the Board. and confers upon the contractor the right to mine within the contract area: Provided. royalties or government production share as are now or may hereafter be provided by law.—In case a site declared and set aside as a people’s small-scale mining area is covered by an existing mining right. 13. Pay all taxes. particularly those on tree-cutting. SEC. SEC. Rights Under a People’s Small-Scale Mining Contract. renewable.” — Martin C. e. d. File under oath at the end of each month a detailed production and financial report to the Board. 12. and g. “I’ve met miners who hate talking about mining because it is so dangerous and hard and they don’t want their wives to know. for like periods as long as the contractor complies with the provisions set forth in this Act. Assume responsibility for the safety of persons working in the mines. the claim-owner and the small-scale miners therein are encouraged to enter into a voluntary and acceptable contractual agreement with respect to the small-scale utilization of the mineral 358 . extract and dispose of mineral ores for commercial purposes. Rights of Claim-owners. assigned or otherwise transferred. mineral-processing and pollution control. That the holder of a small-scale mining contract shall have the following duties and obligations: a.LAND SEC. Abide by the Mines and Geosciences Bureau and the Small-Scale Mining Safety Rules and Regulations. Terms and Conditions of the Contract.—A people’s small-scale mining contract entitles the small-scale mining contractor to the right to mine. 14. Smith (Y. In no case shall a small-scale mining contract be sub-contracted. Lee) f. Comply with pertinent rules and regulations on environmental protection and conservation. Undertake mining activities only in accordance with a mining plan duly approved by the Board.—A contract shall have a term of two (2) years. Comply with his obligations to the holder of an existing mining right.

That. Sale of Gold. Subject to the approval of the Board. the claim-owner shall be entitled to the following rights and privileges: a. 16. the claim-owner shall have a preemptive right to purchase said mill tailings at the prevailing market price. the Government shall construct such custom mills upon the recommendation of the Board based on the viability of the project. b. 359 . He may sell the tailings or have them processed in any custom mill in the area: Provided. Royalty equivalent to one and one half percent (1 1/2%) of the gross value of the metallic mineral output or one percent (1%) of the gross value of the nonmetallic mineral output to be paid to the claim-owner: Provided. SEC. Said landowner may oppose such plan or petition in an appropriate proceeding and hearing conducted before the Board. SEC. if the small-scale mining contractor decides to sell its mill tailings. In case of disagreement. 15. or its duly authorized representatives. Exemption from the performance of annual work obligations and payment of occupation fees. That the owner shall in all cases be entitled to the payment of actual damages which he may suffer as a result of such declaration: Provided. rental. and real property taxes.PEOPLE’S SMALL-SCALE MINING values from the area under claim. free access to the contract area to conduct metallurgical tests. which shall buy it at prices competitive with those prevailing in the world market regardless of volume or weight. Custom Mills. 18. The Central Bank shall establish as many buying stations in gold-rush areas to fully service the requirements of the small-scale minerals thereat. provided such activities do not unduly interfere with the operations of the small-scale miners. Rights of Private Landowners. and c. 17.—The establishment and operation of safe and efficient customs mills to process minerals or ore-bearing materials shall be limited to mineral processing zones duly designated by the local government unit concerned upon recommendation of the Board.—The small-scale mining contractor shall be the owner of all mill tailings produced from the contract area. SEC. explorations and other activities. SEC.—All gold produced by small-scale miners in any mineral area shall be sold to the Central Bank. In mining areas where the private sector is unable to establish custom mills. That royalties paid to the owner shall in no case exceed one percent (1%) of the gross value of the minerals recovered as royalty. the 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. If a private land is declared as a people’s small-scale mining area. further. Ownership of Mill Tailings. That such rights and privileges shall be available only if he is not delinquent in the performance of his annual work obligations and other requirements for the last two (2) years prior to the effectivity of this Act.—The private landowner or lawful possessor shall be notified of any plan or petition to declare his land as a people’s smallscale mining area.

22. People’s Small-Scale Mining Protection Fund. That they comply with the provisions of this Act. which shall be the implementing agency of the 360 . 19. Provincial/City Mining Regulatory Board. production share or other taxes due the government. the Secretary may impose fines against the violator in an amount of not less than twenty thousand pesos (P20. shall withdraw the status of the people’s small-scale mining area when it can no longer feasibly operate on a small-scale mining basis or when the safety. SEC. Government Share and Allotment. 24.—The revenue to be derived by the government from the operation of the mining program herein established shall be subject to the sharing provided in the Local Government Code. SEC. SEC. Non-payment of the fine imposed shall render the small-scale mining contractor ineligible for other small-scale mining contracts. and environmental conditions warrant that the same shall revert to the State for proper disposition. tunnel collapse. herein called the Board. 21. or the like. Actual Occupation by Small-Scale Miners.LAND The Board shall issue licenses for the operation of custom mills and other processing plants subject to pollution control and safety standards. The fund shall also be made available to address the needs of the small-scale miners brought about by accidents and/or fortuitous events.000. In addition. The Department shall establish assay laboratories to cross-check the integrity of custom mills and to render metallurgical and laboratory services to mines.—The Secretary. Custom mills shall be constituted as withholding agents for the royalties.—There is hereby created under the direct supervision and control of the Secretary a provincial/city mining regulatory board. health and environmental protection. shall constitute a ground for the cancellation of the contracts and the ejectment from the people’s small-scale mining area of the contractor. SEC. Reversion of People’s Small-Scale Mining Areas.000. ejected or removed from said areas: Provided. as well as the abandonment of the mining site by the contractor.00) and not more than one hundred thousand pesos (P100. 20.00).—Small-scale miners who have been in actual operation of mineral lands on or before August 1. upon recommendation of the Director.—The noncompliance with the terms and conditions of the contract or violation of the rules and regulations issued by the Secretary pursuant to this Act. health. 23. SEC. Rescission of Contracts and Administrative Fines.—There is hereby created a People’s Small-Scale Mining Protection Fund which shall be fifteen percent (15%) of the national government‘s share due the government which shall be used primarily for information dissemination and training of small-scale miners on safety. 1987 as determined by the Board shall not be dispossessed. SEC. and the establishment of mine rescue and recovery teams including the procurement of rescue equipment necessary in cases of emergencies such as landslides.

Settle disputes. rules and regulations. Repealing Clause. 26. Formulate and implement rules and regulations related to small-scale mining. SEC.—Any section or provision of this Act which may be declared unconstitutional shall not affect the other sections or provisions hereof. tools and instruments. SEC. SEC. e. Administrative Supervision over the People’s Small-Scale Mining Program. one (1) small-scale mining representative.—Violations of the provisions of this Act or of the rules and regulations issued pursuant hereto shall be penalized with imprisonment of not less than six (6) months nor more than six (6) years and shall include the confiscation and seizure of equipment.—All laws. executive orders. and the representative from a non-government organization who shall come from an environmental group. 1991. 361 . c. Priority shall be given to such rules and regulations that will ensure the least disruption in the operations of the small-scale miners. 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.—The Secretary through his representative shall exercise direct supervision and control over the program and activities of the small-scale miners within the people’s small-scale mining area. one (1) big-scale mining representative. as members. letters of instruction. and f. 27. as the case may be. Penal Sanctions. Reserve future gold and other mining areas for small-scale mining. Composition of the Provincial/City Mining Regulatory Board. 28. and other issuances. 29. conflicts or litigations over conflicting claims within a people’s small-scale mining area. decrees.—This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a national newspaper of general circulation. Approved: June 27. and the representative of the governor or city mayor. Award contracts to small-scale miners.PEOPLE’S SMALL-SCALE MINING Department. or parts thereof. d. subject to review by the Secretary: a. The Department shall provide the staff support to the Board. 30. Perform such other functions as may be necessary to achieve the goals and objectives of this Act. 25. and shall exercise the following powers and functions. an area that is declared a small-mining area. SEC. The representatives from the private sector shall be nominated by their respective organizations and appointed by the Department regional director. SEC. Effectivity.—The Board shall be composed of the Department of Environment and Natural Resources representative as Chairman. b. in conflict or inconsistent with this Act are hereby repealed or modified accordingly. Declare and segregate existing gold-rush areas for small-scale mining. SEC. Separability Clause.

Lewis (G. and as may be defined and delineated by law.LAND Philippine Mining Act (Republic Act 7942) Chapter I Introductory Provisions SECTION 1. or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial.” — C. Ancestral lands refers to all lands exclusively and actually possessed. Tapan) SEC. whether in singular or plural. 3.—This Act shall be known as the “Philippine Mining Act of 1995. development. Definition of Terms. shall mean: a. the following terms.S. Declaration of Policy. utilization and conservation through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities.—All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State.” SEC.—As used in and for purposes of this Act. It shall be the responsibility of the State to promote their rational exploration. occupied. 2. Title. 362 . “What we call Man’s power over Nature turns out to be a power exercised by some men over other men with Nature as its instrument.

sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n.m. Development means the work undertaken to explore and prepare an ore body or a mineral deposit for mining. k. Ecological profile or eco-profile refers to geographic-based instruments for planners and decision-makers which presents an evaluation of the environmental quality and carrying capacity of an area. Co-production agreement (CA) means an agreement entered into between the government and one or more contractors in accordance with Section 26 (b) hereof. and communicate information regarding changes in environmental quality associated with a proposed project and which examines the range of alternatives for the objectives of the proposal and their impact on the environment. Contract area means land or body of water delineated for purposes of exploration. sea bottom. 363 . and substratum measured twenty-four nautical miles (24 n. Block or meridional block means an area bounded by one-half minute of latitude and one-half minute of longitude. c. d. containing approximately eighty-one hectares (81 has. g. i. e. l. Department means the Department of Environment and Natural Resources. Environmental Compliance Certificate (ECC) refers to the document issued by the government agency concerned certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the environmental impact statement system. or utilization of the minerals found therein. development. Environmental Impact Statement (EIS) is the document which aims to identify. Director means the Director of the Mines and Geosciences Bureau. Bureau means the Mines and Geosciences Bureau under the Department of Environment and Natural Resources. j. Contiguous zone refers to water.m.).) seaward from the base line of the Philippine archipelago. including the construction of necessary infrastructure and related facilities.PHILIPPINE MINING ACT b. o.) offshore. Carrying capacity refers to the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation. Contractor means a qualified person acting alone or in consortium who is a party to a mineral agreement or to a financial or technical assistance agreement. interpret. Exclusive economic zone means the water. f. predict. h. m. n.

beneficiation or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products. storm. or any intermediate state excluding energy materials such as coal. fire. explosion. sabotage. Mine wastes and tailings shall mean soil and rock materials from surface or underground mining and milling operations with no economic value to the generator of the same. rebellion. or any other means for the purpose of determining the existence. Foreign-owned corporation means any corporation. and as may be defined and delineated by law. w. blockade. partnership. natural gas. earthquake. Government means the government of the Republic of the Philippines. radioactive materials. embargo.LAND p. petroleum. any dispute with surface owners and other labor disputes. trending. Financial or technical assistance agreement means a contract involving financial or technical assistance for large-scale exploration. Existing mining/quarrying right means a valid and subsisting mining claim or permit or quarry permit or any mining lease contract or agreement covering a mineralized area granted/issued under pertinent mining laws. war. Joint Venture Agreement (JVA) means an agreement entered into between the government and one or more contractors in accordance with Section 26 (c) hereof. test pitting. q. and geothermal energy. quantity and quality thereof and the feasibility of mining them for profit. shaft sinking. but not limited to. epidemic. r. extent. aa. t. development. Gross output means the actual market value of minerals or mineral products from its mining area as defined in the National Internal Revenue Code. strike. tunneling. traditions. liquid. x. u. s. and utilization of mineral resources. adverse action by government or by any instrumentality or subdivision thereof. v. customs. geochemical or geophysical surveys. 364 . drilling. y. and sharing common bonds of languages. civil disturbance. riots. Indigenous cultural community means a group or tribe of indigenous Filipinos who have continuously lived as communities on communally-bounded and defined land since time immemorial and have succeeded in preserving. flood or other adverse weather conditions. Force majeure means acts or circumstances beyond the reasonable control of the contractor including. Minerals refers to all naturally occurring inorganic substance in solid. lockout. insurrection. Exploration means the searching or prospecting for mineral resources by geological. association. or cooperative duly registered in accordance with law in which less than fifty percent (50%) of the capital is owned by Filipino citizens. z. maintaining. gas. act of God or any public enemy and any cause herein described over which the affected party has no reasonable control. remote sensing. and other distinctive cultural traits. Mineral processing means the milling.

Net assets refers to the property. ac. Mining area means a portion of the contract area identified by the contractor for purposes of development. ag.” — Ralph Waldo Emerson (G. non-profit organizations involved in activities dealing with resource and environmental conservation. management and protection. Mineral land means any area where mineral resources are found. ae. 365 . utilization.PHILIPPINE MINING ACT ab. ai. Mineral agreement means a contract between the government and a contractor. Mining operation means mining activities involving exploration. excluding appraisal increase and construction in progress. ad. Mineral resource means any concentration of minerals/rocks with potential economic value. Everything is made of one hidden stuff. plant and equipment as reflected in the audited financial statement of the contractor net of depreciation. and processing. and subsurface from the shore or coastline reckoned from the mean low tide level up to the two hundred nautical miles (200 n. or jointventure agreement. af. sea bottom.m. mining. involving mineral production-sharing agreement. development. co-production agreement. feasibility. utilization. Offshore means the water.) exclusive economic zone including the archipelagic sea and contiguous zone. “Everything in nature contains all the power of nature. as computed for tax purposes. Tapan) ah. and its sites for support facilities or in the immediate vicinity of the mining operations. Non Governmental Organization (NGO) includes non-stock.

barite. volcanic cinders. am. an. Permittee means the holder of an exploration permit. quartz or silica. machinery. ap. including submerged lands in lakes. although the corresponding certificate or evidence of title or patent has not been actually issued. equipment and/or improvements used for impounding. 366 . liquids or other harmful byproducts and gases emitted from any facility utilized in mining operations for their disposal. Quarry resources refers to any common rock or other mineral substances as the Director of Mines and Geosciences Bureau may declare to be quarry resources such as. rhyolite. conglomerate. rivers and creeks. diatomaceous earth. ao. rock phosphate. bull quartz. talc. shale. al. Pollution control and infrastructure devices refers to infrastructure. treating or neutralizing. chemicals. Qualified person means any citizen of the Philippines with capacity to contract. precipitating. removing and disposing quarry resources found on or underneath the surface of private or public land. Quarrying means the process of extracting. sand and pebbles. Quarry permit means a document granted to a qualified person for the extraction and utilization of quarry resources on public or private lands. conveying and cleansing mine industrial waste and tailings as well as eliminating or reducing hazardous effects of solid particles. That a legally organized foreign-owned corporation shall be deemed a qualified person for purposes of granting an exploration permit. That non-metallic minerals such as kaolin. granite. That such quarry resources do not contain metals or metallic constituents and/or other valuable minerals in economically workable quantities: Provided. further. bentonite. tuff. diorite. Onshore means the landward side from the mean tide elevation. Public land refers to lands of the public domain which have been classified as agricultural lands and subject to management and disposition or concession under existing laws. or cooperative organized or authorized for the purpose of engaging in mining. President means the President of the Republic of the Philippines. feldspar.LAND aj. association. aq. Ore means a naturally occurring substance or material from which a mineral or element can be mined and/or processed for profit. red burning clays for potteries and bricks. ak. ar. decorative stones. or occupant who has already acquired a vested right thereto under the law. gabbro. sandstone. claimant. marl. marble. but not limited to. serpentine. basalt. filtering. andesite. limestone. financial or technical assistance agreement or mineral processing permit. or a corporation. partnership. with technical and financial capability to undertake mineral resources development and duly registered in accordance with law at least sixty percent (60%) of the capital of which is owned by citizens of the Philippines: Provided. af. coral sand. Private land refers to any land belonging to any private person which includes alienable and disposable land being claimed by a holder. asbestos. as. and volcanic glass: Provided.

Mineral Reservations. ax.—Mineral resources are owned by the State and the exploration. and other nonmetallic minerals that may later be discovered and which the Director declares the same to be of economically workable quantities. State means the Republic of the Philippines. mica. au. 463 and Executive Order No. Ownership of Mineral Resources. SEC. 7076 shall be given preferential right to apply for a smallscale mining agreement for a maximum aggregate area of twenty-five percent (25%) of such mineral reservation. bauxite. such as when there is a need to preserve strategic raw materials for industries critical to national development. az. cultural or ecological value. Chapter XX hereof. 5. precious and semi-precious stones. Utilization means the extraction or disposition of minerals. 279. ay. or certain minerals for scientific. the President may establish mineral reservations upon the recommendation of the Director through the Secretary. Mining operations in existing mineral reservations and such other reservations as may thereafter be established. dolomite. All submerged lands within the contiguous zone and in the exclusive economic zone of the Philippines are hereby declared to be mineral reservations. shall be undertaken by the Department or through a contractor: Provided. development. 4. Regional office means any of the mines regional offices of the Department of Environment and Natural Resources. aw. shall not be classified under the category of quarry resources.PHILIPPINE MINING ACT gypsum. Regional director means the regional director of any mines regional office under the Department of Environment and Natural Resources. series of 1987. Chapter II Government Management SEC. That a small-scale mining cooperative covered by Republic Act No. av. Special allowance refers to payment to the claim-owners or surface right owners particularly during the transition period from Presidential Decree No. magnesite. utilization. subject to valid existing mining/quarrying rights as provided under Section 112. The State may directly undertake such activities or it may enter into mineral agreements with contractors. Secretary means the Secretary of the Department of Environment and Natural Resources. A ten percent (10%) share of all royalties and revenues to be derived by the government from the development and utilization of the mineral resources within reserva367 . The State shall recognize and protect the rights of the indigenous cultural communities to their ancestral lands as provided for by the Constitution. and processing thereof shall be under its full control and supervision.—When the national interest so requires.

That the party who undertook the exploration of said reservation shall be given priority. [and] promulgate such rules and regulations as may be necessary to implement the intent and provisions of this Act. SEC. Other Reservations. by proclamation. metallurgical. management. The Secretary shall have the authority to enter into mineral agreements on behalf of the government upon the recommendation of the Director. duly registered nongovernmental organization (NGO) or any qualified person to police all mining activities. SEC. SEC.—The system of processing applications for mining rights shall be prescribed in the rules and regulations of this Act. Processing of Applications. Authority of the Bureau. mining. any member or unit of the Philippine National Police. 368 . The right to develop and utilize the minerals found therein shall be awarded by the President under such terms and conditions as recommended by the Director and approved by the Secretary: Provided. SEC. the President may. and proper use of the State’s mineral resources including those in reservations. SEC. 8. performance and guaranty bonds posted through an order to be promulgated by the Director. The mineral land so awarded shall be automatically excluded from the reservation during the agreement: Provided. The Director shall recommend to the Secretary the granting of mineral agreements to duly qualified persons and shall monitor the compliance by the contractor of the terms and conditions of the mineral agreements. upon the recommendation of the Director. barangay. Authority of the Department. when necessary. 6. watershed areas. SEC.—There shall be as many regional offices in the country as may be established by the Secretary. Periodic Review of Existing Mineral Reservations. Regional Offices. and other researches as well as geological and mineral exploration surveys.—The Bureau shall have direct charge in the administration and disposition of mineral lands and mineral resources and shall undertake geological. alter or modify the boundaries thereof or revert the same to the public domain without prejudice to prior existing rights.LAND tions as provided under this Act shall accrue to the Mines and Geosciences Bureau to be allotted for special projects and other administrative expenses related to the exploration and development of other mineral reservations mentioned in Section 6 hereof. That the right of the lessee of a valid mining contract existing within the reservation at the time of its establishment shall not be prejudiced or impaired. and upon his recommendation.—The Department shall be the primary government agency responsible for the conservation. In the event that the Department cannot undertake such activities. subject to limitations as herein provided. The Bureau may confiscate surety. development. and lands of the public domain. 7. The Director may deputize. they may be undertaken by a qualified person in accordance with the rules and regulations promulgated by the Secretary. further. chemical.—The Secretary shall periodically review existing mineral reservations for the purpose of determining whether their continued existence is consistent with the national interest.—Mining operations in reserved lands other than mineral reservations may be undertaken by the Department. 10. 11. 9.

—A sketch plan or map of the contract or mining area prepared by a deputized geodetic engineer suitable for publications purposes shall be required during the filing of a mineral agreement or financial or technical assistance agreement application. Recording System.PHILIPPINE MINING ACT SEC. The Bureau shall publish at least annually. Any conflict that may arise under this provision shall be heard and resolved by the panel of arbitrators. Opening of Ancestral Lands for Mining Operations. 18. Charting and Delineation of Mining Areas. Survey. a mineral gazette of nationwide circulation containing among others. all mineral resources in public or private lands. mining rules and regulations. A system and publication fund shall be included in the regular budget of the Bureau. 16.— Subject to any existing rights or reservations and prior agreements of all parties. the royalty payment. a current list of mineral rights. development. among others. Chapter III Scope of Application SEC.—No ancestral land shall be opened for mining operations without the prior consent of the indigenous cultural community concerned. SEC.—In the event of an agreement with an indigenous cultural community pursuant to the preceding section. and other information relevant to mineral resources development. A mineral resource database system shall be set up in the Bureau which shall include. including timber or forestlands as defined in existing laws.—For purposes of the delineation of the contract or mining areas under this Act.—There shall be established a national and regional filing and recording system. Thereafter. 13. SEC. upon utilization of the minerals shall be agreed upon by the parties. The said royalty shall form part of a trust fund for the socio-economic wellbeing of the indigenous cultural community. Scope of Application. other official acts affecting mining. shall be open to mineral agreements or financial or technical assistance agreement applications.—Mineral agreement or financial or technical assistance agreement applications shall not be allowed: 369 . SEC. SEC. the Philippine territory and its exclusive economic zone shall be divided into meridional blocks of one-half minute of latitude and one-half minute of longitude. 12. Royalty Payments for Indigenous Cultural Communities. 19. Meridional Blocks. SEC. 15. the contract or mining area shall be surveyed and monumented by a deputized geodetic engineer and the survey plan shall be approved by the Director before the approval of the mining feasibility. 14.—This Act shall govern the exploration. 17. Areas Open to Mining Operations. utilization and processing of all mineral resources. SEC. Areas Closed to Mining Applications. a mineral rights management system. their location in the map.

mangrove forests. In military and other government reservations. dams or other infrastructure projects. game refuge and bird sanctuaries as “Today the network of relationships linking the human defined by law and in areas race to itself and to the rest of the biosphere is so complex that all aspects affect all others to an extraordinary degree. reservoirs. because no gluing together of tected Areas System (NIPAS) partial studies of a complex nonlinear system can give a under Republic Act No. 20. two hundred (200) blocks.—An exploration permit shall be for a period of two (2) years. cooperatives. b. in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties. For individuals. 22. Near or under public or private buildings. provincial/municipal forests. Terms and Conditions of the Exploration Permit. Exploration Permit. and 2. however. 370 . The Bureau shall have the authority to grant an exploration permit to a qualified person. bridges. waterways. Onshore.LAND a. cemeteries. e. good idea of the behavior of the whole. Old growth or virgin forests. the National Integrated Procrudely that has to be done. subject to annual review and relinquishment or renewal upon the recommendation of the Director. archeological and historic sites. SEC. In areas covered by valid and existing mining rights. greenbelts. railroads. For partnerships. said royalty forming a trust fund for the socioeconomic development of the community concerned. c. d. expressly prohibited under Someone should be studying the whole system. except upon prior written clearance by the government agency concerned. proclaimed watershed forest reserves. Maximum Areas for Exploration Permit. series of 1992 and other laws. highways. or associations. national parks.—The maximum area that a qualified person may hold at any one time shall be: a. public or private works including plantations or valuable crops. In areas expressly prohibited by law. 25. in any one province— 1. 7586. and f.—An exploration permit grants the right to conduct exploration for all minerals in specified areas. 21. twenty (20) blocks. SEC. parks. wilderness areas. Chapter IV Exploration Permit SEC. except upon written consent of the government agency or private entity concerned. mossy forests. corporations.”—Murray GelDepartment Administrative Mann Order No. In areas covered by small-scale miners as defined by law unless with prior consent of the small-scale miners.

SEC. For partnerships. a panel of arbitrators shall resolve the conflict or disagreement.000) blocks. SEC. joint venture agreement. through the Director. file with the Bureau a declaration of mining project feasibility accompanied by a work program for development. co-production agreement or financial or technical assistance agreement over the permit area.—A holder of an exploration permit who determines the commercial viability of a project covering a mining area may. The approval of the mining project feasibility and compliance with other requirements provided in this Act shall entitle the holder to an exclusive right to a mineral production sharing agreement or other mineral agreements or financial or technical assistance agreement. corporations. Any expenditure in excess of the yearly budget of the approved work program may be carried forward and credited to the succeeding years covering the duration of the permit. corporations. For individuals. necessity. or associations. For partnerships. The permittee may apply for a mineral production sharing agreement.—An exploration permit shall grant to the permittee. and 2.—An exploration permit may be transferred or assigned to a qualified person subject to the approval of the Secretary upon the recommendation of the Director. Onshore. in the entire Philippines— 1. Offshore. 25. 23. occupation and exploration and in case of disagreement.PHILIPPINE MINING ACT b. c. For individuals. That the exploration period covered by the exploration permit shall be included as part of the exploration period of the mineral agreement or financial or technical assistance agreement. The permittee shall undertake an exploration work on the area as specified by its permit based on an approved work program. his heirs or successors-in-interest. the permittee shall first discuss with the said parties the extent. shall promulgate rules and regulations governing the terms and conditions of the permit. That if private or other parties are affected. one hundred (100) blocks. one thousand (1. four hundred (400) blocks. cooperatives. cooperatives. forty (40) blocks. the right to enter. beyond five hundred (500) m from the mean low tide level 1. or associations. The Secretary. SEC. and manner of his entry. and 2. Rights and Obligations of the Permittee. Transfer or Assignment. occupy and explore the area: Provided. 24. which application shall be granted if the permittee meets the necessary qualifications and the terms and conditions of any such agreement: Provided. 371 . Declaration of Mining Project Feasibility. within the term of the permit.

LAND Chapter V Mineral Agreements SEC. The contractor shall provide the financing. a mineral agreement may take the following forms as herein defined: a. or corporations. For partnership. That in case the applicant has been in the mining industry for any length of time. one hundred (100) blocks. associations. or corporations. technology. cooperatives. Joint venture agreement — is an agreement where a joint-venture company is organized by the government and the contractor with both parties having equity shares.—The maximum area that a qualified person may hold at any time under a mineral agreement shall be: a. A mineral agreement shall grant to the contractor the exclusive right to conduct mining operations and to extract all mineral resources found in the contract area. In addition. management and personnel necessary for the implementation of this agreement. development and utilization of mineral resources: Provided. the government shall be entitled to a share in the gross output. 26. Maximum Areas for Mineral Agreement. in the entire Philippines— 1. SEC. Aside from earnings in equity. in any one province— 1. Co-production agreement — is an agreement between the government and the contractor wherein the government shall provide inputs to the mining operations other than the mineral resource. For partnerships. cooperatives. ten (10) blocks. twenty (20) blocks. For individuals. Mineral production sharing agreement — is an agreement where the government grants to the contractor the exclusive right to conduct mining operations within a contract area and shares in the gross output. and 2. b.—A qualified person may enter into any of the three (3) modes of mineral agreement with the government for the exploration. two hundred (200) blocks. 28. b. 372 . Onshore.—For purposes of mining operations. he should possess a satisfactory environmental track record as determined by the Mines and Geo-sciences Bureau and in consultation with the Environmental Management Bureau of the Department. Modes of Mineral Agreement. associations. Onshore. For individuals. the contractor may be allowed to convert his agreement into any of the modes of mineral agreements or financial or technical assistance agreement covering the remaining period of the original agreement subject to the approval of the Secretary. associations. and 2. SEC. Eligibility. 27. c.

—The contractor may.—Any assignment or transfer of rights and obligations under any mineral agreement except a financial or technical assistance agreement shall be subject to the prior approval of the Secretary. SEC. Withdrawal from Mineral agreements. The proposed mineral agreement will be approved by the Secretary and copies thereof shall be submitted to the President.—All proposed mineral agreements shall be filed in the region where the areas of interest are located. Offshore. fifty (50) blocks. 373 . 32. For the exclusive economic zone. Individuals. The Secretary shall consider the notice and issue its decision within a period of thirty (30) days: Provided. Thereafter. and renewable for another term not exceeding twenty-five (25) years under the same terms and conditions thereof. SEC. SEC. fiscal and legal obligations. 29. five hundred (500) blocks. The maximum areas mentioned above that a contractor may hold under a mineral agreement shall not include mining/quarry area under operating agreements between the contractor and a claim-owner/lessee/permittee/licensee entered into under Presiden84 tial Decree No. 30. That the contractor shall have the right to equal the highest bid upon reimbursement of all reasonable expenses of the highest bidder. _______________________ 84 Mineral Resources Development Decree of 1976. apply for the cancellation of the mineral agreement due to causes which. Assignment/Transfer. cooperatives. SEC.—Mineral agreements shall have a term not exceeding twentyfive (25) years to start from the date of execution thereof. a larger area to be determined by the Secretary. For partnerships. After the renewal period. by giving due notice at any time during the term of the agreement. the operation of the mine may be undertaken by the government or through a contractor. The contract for the operation of a mine shall be awarded to the highest bidder in a public bidding after due publication of the notice thereof: Provided. in the entire Philippines— 1. the President shall provide a list to Congress of every approved mineral agreement thirty (30) days from its approval by the Secretary. 463. except in mineral reservations which shall be filed with the Bureau. Such assignment or transfer shall be deemed automatically approved if not acted upon by the Secretary within thirty (30) working days from official receipt thereof. Terms. unless patently unconstitutional or illegal. or corporations. The filing of a proposal for a mineral agreement shall give the proponent the prior right to areas covered by the same. without prejudice to changes mutually agreed upon by the parties.PHILIPPINE MINING ACT c. associations. 31. in the opinion of the contractor. That the contractor has met all its financial. Filing and Approval of Mineral Agreements. make continued mining operations no longer feasible or viable. 2. and d.

subject to relinquishment shall be: a. That such amount shall be subject to changes as may be provided for in the rules and regulations of this Act. or c. SEC.—The following terms. Submission of proof of technical competence. of an amount corresponding to the expenditure obligation that will be invested in the contract area: Provided. c. but not limited to. Terms and Conditions. Eligibility. development.—The maximum contract area that may be granted per qualified person. development. A financial guarantee bond shall be posted in favor of the government in an amount equivalent to the expenditure obligation of the applicant for any year.LAND Chapter VI Financial or Technical Assistance Agreement SEC. b. A firm commitment in the form of a sworn statement. conditions. 4. 374 . 1. and details of technical personnel to undertake the operation. Combinations of (a) and (b) provided that it shall not exceed the maximum limits for onshore and offshore areas. such as. to wit: a. and utilization. its track record in mineral resource exploration. Maximum Contract Area. details of technology to be employed in the proposed operation.000 meridional blocks offshore. 34. 33. Tapan) b.—Any qualified person with technical and financial capability to undertake large-scale exploration.” — Edmund Burke (G. SEC.000 meridional blocks onshore. and utilization of mineral resources in the Philippines may enter into a financial or technical assistance agreement directly with the government through the Department. “All that is necessary for evil to triumph is for good men to do nothing. 35. and warranties shall be incorporated in the financial or technical assistance agreement.

i. h. accounting. foreign investments in local enterprises which are qualified for repatriation. if circumstances demand. The contractors shall furnish the government records of geologic. providing an exploration period up to two (2) years. Requiring the proponent to dispose of the minerals and byproducts produced under a financial or technical assistance agreement at the highest price and more advantageous terms and conditions as provided for under the rules and regulations of this Act. The mining operations shall be conducted in accordance with the provisions of this Act and its implementing rules and regulations. when proper. Provide for consultation and arbitration with respect to the interpretation and implementation of the terms and conditions of the agreements. Preferential use of local goods and services to the maximum extent practicable. Work programs and minimum expenditures commitments. the contractor shall not raise any form of financing from domestic sources of funds. l. g. and other relevant data for its mining operations. Representations and warranties that the applicant has all the qualifications and none of the disqualifications for entering into the agreement. Representations and warranties that the contractor has. extendible for another two (2) years but subject to annual review by the Secretary in accordance with the implementing rules and regulations of this Act. for conducting its mining operations for and in the contract area. Representations and warranties that. subject to the relinquishment obligations. except for payments for dispositions for its equity. f. j. Requiring the proponent to effectively use appropriate anti-pollution technology and facilities to protect the environment and to restore or rehabilitate mined out areas and other areas affected by mine tailing and other forms of pollution or destruction. n. and local supplier’s credits and such other generally accepted and permissible financial schemes for raising funds for valid business purposes. e. and further. 375 . A stipulation that the contractors are obliged to give preference to Filipinos in all types of mining employment for which they are qualified and that technology shall be transferred to the same. whether in Philippine or foreign currency. and o. k. managerial and technical expertise and. the technology required to promptly and effectively carry out the objectives of the agreement with the understanding to timely deploy these resources under its supervision pursuant to the periodic work programs and related budgets. Such other terms and conditions consistent with the Constitution and with this Act as the Secretary may deem to be for the best interest of the State and the welfare of the Filipino people. or has access to all the financing. m. and that book of accounts and records shall be open for inspection by the government.PHILIPPINE MINING ACT d.

Assignment/Transfer. SEC. 40. That the mineral agreement shall only be for the remaining period of the original agreement. to a qualified person subject to the prior approval of the President: Provided. The President shall notify Congress of all financial or technical assistance agreements within thirty (30) days from execution and approval thereof. it shall reduce its equity to forty percent (40%) in the corporation.—All financial or technical assistance agreement proposals shall be filed with the Bureau after payment of the required processing fees. SEC. In the case of a foreign contractor.—A financial or technical assistance agreement may be assigned or transferred.—A financial or technical assistance agreement shall have a term not exceeding twenty-five (25) years to start from the execution thereof. association. 41. partnership. 36. financial or technical assistance agreements and other mining rights are not impaired or prejudiced thereby.LAND SEC. Upon compliance with this requirement by the contractor. The Secretary may accept the withdrawal: Provided. That the President shall notify Congress of every financial or technical assistance agreement assigned or converted in accordance with this provision within thirty (30) days from the sate of the approval thereof.—A financial or technical assistance agreement shall be negotiated by the Department and executed and approved by the President. If the proposal is found to be sufficient and meritorious in form and substance after evaluation. or cooperative. in whole or in part. 38. renewable for not more than twenty-five (25) years under such terms and conditions as may be provided by law. The Secretary shall recommend its approval to the President. even after he has exerted reasonable diligence to remedy the cause or the situation. SEC. fiscal or legal obligations. it shall be recorded with the appropriate government agency to give the proponent the prior right to the area covered by such proposal: Provided. 39. That the contractor has complied or satisfied all his financial.—The contractor has the option to convert the financial or technical assistance agreement to a mineral agreement at any time during the term of the agreement.—The contractor shall manifest in writing to the Secretary his intention to withdraw from the agreement. Option to Convert into a Mineral Agreement. 376 . if in his judgment the mining project is no longer economically feasible. the Secretary shall approve the conversion and execute the mineral production-sharing agreement. Term of Financial or Technical Assistance Agreement. after proper notice to the Secretary as provided for under the implementing rules and regulations: Provided. 37. if the economic viability of the contract area is found to be inadequate to justify large-scale mining operations. Withdrawal from Financial or Technical Assistance Agreement. Negotiations. That existing mineral agreements. Filing and Evaluation of Financial or Technical Assistance Agreement Proposals. SEC. SEC.

Industrial Sand and Gravel Permit. during the term of his permit. Quarry Fee and Taxes. tuff.—Any qualified person may be granted a permit by the provincial governor to extract and remove sand and gravel or other loose or unconsolidated materials which are used in their natural state. adobe. The maximum area which a qualified person may hold at any one time shall be five hectares (5 has. the holder thereof shall be given the opportunity to be heard in an investigation conducted for the purpose. 43. SEC. sand and gravel construction aggregates.) at any one time.—Small-scale mining shall continue to be gov85 erned by Republic Act No. 45.—Any qualified person may apply to the provincial/city mining regulatory board for a quarry permit on privately-owned lands and/or public lands for building and construction materials such as marble. without undergoing processing from an area of not more than five hectares (5 has. serpentine. marble. Small-Scale Mining. 47. SEC. andesite. clay for ceramic tiles and building bricks. That before the cancellation of such permit. Cancellation of Quarry Permit. basalt. granite. Quarry Permit. _______________________ 85 People’s Small-Scale Mining Act. 46. granite. SEC.—A quarry permit may be cancelled by the provincial governor for violations of the provisions of this Act or its implementing rules and regulations or the terms and conditions of said permit: Provided. gabbro. The provincial governor shall grant the permit after the applicant has complied with all the requirements as prescribed by the rules and regulations. Chapter VIII Quarry Resources SEC. The permittee shall also pay the excise tax as provided by pertinent laws.) and in such quantities as may be specified in the permit. 377 .): Provided. perlite and other similar materials that are extracted by quarrying from the ground. That in large-scale quarry operations involving cement raw materials. SEC. Commercial Sand and Gravel Permit. pay a quarry fee as provided for under the implementing rules and regulations. a qualified person and the government may enter into a mineral agreement as defined herein.—Any qualified person may be granted an industrial sand and gravel permit by the Bureau for the extraction of sand and gravel and other loose or unconsolidated materials that necessitate the use of mechanical processing covering an area of more than five hectares (5 has. inset filling materials. 42. conglomerate.PHILIPPINE MINING ACT Chapter VII Small-Scale Mining SEC. pumice.—A permittee shall. 7076 and other pertinent laws. 44.

Government Gratuitous Permit. 53. provided that there will be no commercial disposition thereof. renewable for a like period but not to exceed a total term of twenty-five (25) years.) for a period co-terminous with said construction. 52.—Any qualified person may be granted an exclusive sand and gravel permit by the provincial governor to quarry and utilize sand and gravel or other loose or unconsolidated materials from public lands for his own use. That monthly reports of the quantity of materials extracted therefrom shall be submitted to the mines regional office concerned: Provided. Exclusive Sand and Gravel Permit. That said right shall be co-terminous with the expiration of the agreement. In the case of mineral ores or minerals being trans- 378 .—Any qualified person may be granted a guano permit by the provincial governor to extract and utilize loose unconsolidated guano and other organic fertilizer materials in any portion of a municipality where he has established domicile. however. and Processing of Minerals SEC. Ore Transport Permit. SEC. The permit shall be for specific caves and/or for confined sites with locations verified by the Department’s field officer in accordance with existing rules and regulations. quarry or loose unconsolidated materials needed in the construction of building and/or infrastructure for public use or other purposes over an area of not more than two hectares (2 has. That said right shall be co-terminous with the expiry days of the lease. SEC.LAND The permit shall have a term of five (5) years. 48.—Any qualified person may be granted a non-exclusive gemstone gathering permit by the provincial governor to gather loose stones useful as gemstones in rivers and other locations. 49. have the right to extract and remove sand and gravel and other loose unconsolidated materials without need of a permit within the area covered by the mining agreement for the exclusive use in the mining operations: Provided. 50.—Any government entity or instrumentality may be granted a gratuitous permit by the provincial governor to extract sand and gravel.—Any owner of land may be granted a private gratuitous permit by the provincial governor. SEC. 51. Private Gratuitous Permit. Chapter IX Transport. Sale. further. SEC. Transport permits shall be issued by the mines regional director who has jurisdiction over the area where the ores were extracted. Gemstone Gathering Permit.—A permit specifying the origin and quantity of non-processed mineral ores or minerals shall be required for their transport. Guano Permit. A mineral agreement or a financial technical assistance agreement contractor shall. Holders of existing mining leases shall likewise have the same rights as that of a contractor: Provided. SEC.

but not limited to. with a copy of said registration submitted to the Bureau.—No person shall engage in the processing of minerals without first securing a minerals processing permit from the Secretary. and the like. the processing thereof as well as the licensing of their custom mills. and the development of science and mining technology.—A contractor shall assist in the development of its mining community. The absence of a permit shall be considered as prima facie evidence of illegal mining and shall be sufficient cause for the government to confiscate the ores or minerals being transported. 57. either locally nothing is superfluous. and science and mining technology are the following: a. Credited Activities. Chapter X Development of Mining Communities and Science and Mining Technology SEC. 56.—A foreignowned/controlled corporation may be granted a mineral processing permit. Ore samples not exceeding two metric tons (2 m. 58. the promotion of the general welfare of its inhabitants. the tools and equipment utilized. SEC. because in her inventions. 54. 379 . Expenditure for Community Development and Science and Mining Technology. Any activity or expenditure directed towards the development of geosciences and mining technology such as. more simple or more direct than does Nashall engage in the trading of ture.t. SEC. Any activity or expenditure intended to enhance the development of the mining and neighboring communities of a mining operation other than those required or provided for under existing laws.) to be used exclusively for assay or pilot test purposes shall be exempted from such requirement. 55. 7076. In the case of mineral ores or minerals produced by the small-scale miners. unless registered with the Department of Trade and Industry and accredited by the Department. SEC. and basic and applied researches.”—Leonardo da Vinci or internationally. or processing plants shall continue to be governed by the provisions of Republic Act No. or collective bargaining agreements. Eligibility of Foreign-Owned/Controlled Corporations. and b. Minerals Processing Permit.PHILIPPINE MINING ACT ported from the small-scale mining areas to the custom mills or processing plants.—No person beautiful. Mineral Trad“Human subtlety will never devise an invention more ing Registration. nothing is lacking and mineral products. SEC. and the vehicle containing the same. institutional and manpower development. the Provincial Mining Regulatory Board (PMRB) concerned shall formulate their own policies to govern such transport of ores produced by small-scale miners.—Activities that may be credited as expenditures for development of mining communities. Appropriate supervision and control mechanisms shall be prescribed in the implementing rules and regulations of this Act. Minerals processing permit shall be for a period of five (5) years renewable for like periods but not to exceed a total term of twenty-five (25) years.

the latter shall have a period of one (1) year therefrom within which to remove his improvements. as amended. 118. subject to the necessary government clearance.D. the contractor may. to ensure that said infrastructure and facilities are continuously maintained and utilized by the host and neighboring communities. milling.—A contractor shall maintain an effective program of manpower training and development throughout the term of the mineral agreement and shall encourage and train Filipinos to participate in all aspects of the mining operations. Present evidence of his qualification and work experience. the Director may grant waivers or exemptions. national or local. may be permitted to work by the Director for a period not exceeding one (1) year: Provided. For highly-technical and specialized mining operations. all the social infrastructure and facilities shall be turned over or donated tax-free to the proper government authorities.—Prior to cessation of mining operations occasioned by abandonment or withdrawal of operations. 5701 and P.LAND SEC. 503.—A contractor shall give preference to the use of local goods. 5171. The contractor. No. _______________________ Philippine Immigration Act of 1940. Training and Development. 1901. vice-president for operations or in an equivalent managerial position in charge of mining. requires highly specialized training or long experience in exploration. 287. 59. services and scientific and technical resources in the mining operations. Donations/Turnover of Facilities. 524. 60. 749. 4376. That each foreigner employed as mine manager. That in no case shall each employment exceed five (5) years or the payback period as represented in original project study.A. including the management thereof. employ qualified foreigners. subject to the provisions of Com86 monwealth Act No. SEC. further. Nos. however. 613. or c. 61. Employment of Filipinos. Services. and Technologies. in his judgment and with the approval of the Director. SEC. In special cases. development or utilization of mineral resources: Provided. That if reciprocal privileges are extended to Filipino nationals in the country of domicile. quarrying or drilling operation shall: a. Shall pass the appropriate government licensure examination. 144. as amended by R. whichever is longer: Provided.—A contractor shall give preference to Filipino citizens in all types of mining employment within the country insofar as such citizens are qualified to perform the corresponding work with reasonable efficiency and without hazard to the safety of the operations. 86 380 . and are available on equivalent terms as their imported counterparts. for technical and specialized work which. Use of Indigenous Goods. 62. where the same are of equivalent quality. SEC. 135. otherwise. or b. on public lands by the contractor. shall not be hindered from hiring employees of his own selection. however.

SEC. SEC. 63. SEC. 67. SEC. surface or underground.—Every contractor shall undertake an environmental protection and enhancement program covering the period of the mineral agreement or permit. require the contractor to remedy any practice connected with mining or quarrying operations. in mining operations at reasonable hours of the day or night and as much as possible in a manner that will not impede or obstruct work in progress of a contractor or permittee. 7305. causing or creating the danger of loss of life or serious physical injuries. 381 . In case of imminent danger to life or property. Mines Safety and Environment Protection. Personnel of the Department involved in the implementation of mines safety. or appropriate measures are taken by the contractor or permittee. forthwith or within such time as specified in his order.—No person under sixteen (16) years of age shall be employed in any phase of mining operations and no person under eighteen (18) years of age shall be employed underground in a mine. revegetation and reforestation of mineralized areas. 65. which is not in accordance with safety and antipollution laws and regulations. 66. Power to Issue Orders. Mine Inspection. regeneration. health and environmental 87 rules and regulations shall be covered under Republic Act No. SEC. the mines regional director may summarily suspend the mining or quarrying operations until the danger is removed. SEC. Failure to report the same without justifiable reason shall be a cause for the imposition of administrative sanctions prescribed in the rules and regulations implementing this Act.—All contractors and permittees shall strictly comply with all the mines safety rules and regulations as may be promulgated by the Secretary concerning the safe and sanitary upkeep of the mining operations and achieve waste-free and efficient mine development. 69.—The regional director shall have exclusive jurisdiction over the safety inspection of all installations.PHILIPPINE MINING ACT Chapter XI Safety and Environment Protection SEC.—All mining and quarrying operations that employ more than fifty (50) workers shall have at least one (1) licensed mining engineer with at least five (5) years of experience in mining operations. 68. Such environmental program shall be incorporated in the work program which the contractor or permittee shall submit as an accompanying document to the application for a mineral agreement or permit.—The mines regional director shall. Mine Supervision. Environmental Protection. and one (1) registered foreman. in consultation with the Environmental Management Bureau. 64. the person in charge of operations shall immediately report the same to the regional office where the operations are situated. The work program shall include not only plans relative to mining operations but also to rehabilitation. Report of Accidents —In case of any incident or accident. slope stabilization of mined-out and _______________________ 87 The Magna Carta for Public Health Workers (26 May 1992). Mine Labor.

Failure one. the inferior aspects of rehabilitation. That a completed ecological profile of the proposed mining area shall also constitute part of the environmental impact assessment. mined-out. based on the contractor’s approved work program. Is this moral? allowed and encouraged to participate in ensuring that contractors/permittees shall observe all the requirements of environmental protection. technical and preventive “The superior man seeks what is right. and socioeconomic development. This priceless landscape will be scraped off the face People’s organizations and nongoof the earth. SEC. Rehabilitation. watershed development and water conservation. and disemboweled for a useless piece of vernmental organizations shall be shiny metal called gold. an environmental clearance certificate shall be required based on an environmental impact assessment and procedures under the Philippine Environment Impact Assessment System including Sections 26 and 27 of the Local Government Code of 1991 which require national government agencies to maintain ecological balance. Oshima) to fulfill the above obligation shall mean immediate suspension or closure of the mining activities of the contractor/permittee concerned. SEC. nongovernmental and people’s organizations and other concerned sectors of the community: Provided.” — Confucius (N. A mine rehabilitation fund shall be created. aquaculture. Environmental Impact Assessment (EIA). and prior consultation with the local government units.— Contractors and permittees shall technically and biologically rehabilitate the excavated. 70.—Except during the exploration period of a mineral agreement or financial or technical assistance agreement or an exploration permit. tailings covered and disturbed areas to the condition of environmental safety. what is profitable. and shall be deposited as a trust fund in a government depository bank and used for physical and social rehabilitation of areas and communities affected by mining activities and for research on the social. 382 . as may be provided in the implementing rules and regulations of this Act.LAND tailings covered areas. 71.

flumes. railroads. shafts. the timber concessionaire/permittee and the Forest Management Bureau of the Department: Provided. pipelines. a contractor may be granted a right to cut trees or timber within his mining area as may be necessary for his mining operations subject to forestry laws. SEC. SEC. That the government reserves the right to regulate and control the explosive accessories to ensure safe mining operations. 72. 73. Easement Rights. or mills. 75. telephone or telegraph lines. Right to Possess Explosives. mills. such infrastructure as roads. the volume of timber needed and the manner of cutting and removal thereof shall be determined by the mines regional director. construct or install on the mining areas or lands owned. The contractor shall perform reforestation work within his mining area in accordance with forestry laws. or concessionaires when conducting mining operations therein: Provided. recognized and acknowledged by local customs. warehouses. airports. rules and regulations. rules and regulations promulgated thereunder: Provided. tramways. the matter shall be submitted to the Secretary whose decision shall be final. canals.—When mining areas are so situated that for purposes of more convenient mining operations it is necessary to build.PHILIPPINE MINING ACT Chapter XII Auxiliary Mining Rights SEC. SEC. further. upon payment of just compensation. shall be entitled to enter and occupy said mining areas or lands. Water Rights. tunnels. sites for water wells. waste dump sites. Timber Rights. electric transmission. That any damage done to the property of the sur- 383 .—A contractor shall have water rights for mining operations upon approval of application with the appropriate government agency in accordance with existing water laws. holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners. rules and regulations promulgated thereunder: Provided. dams and their normal flood and catchment areas. That if the land covered by the mining area is already covered by existing timber concessions. That in case of disagreement between the contractor and the timber concessionaire. cuts. laws. new river beds.—A contractor/exploration permittee shall have the right to possess and use explosives within his contract/permit area as may be necessary for his mining operations upon approval of an application with the appropriate government agency in accordance with existing laws. further. ditches. 74. tailing ponds. SEC. rules and regulations: Provided. 76. staging or storage areas and port facilities.—Any provision of law to the contrary notwithstanding. upon consultation with the contractor.—Subject to prior notification. runways. the contractor. That water rights already granted or vested through long use. occupants. occupied or leased by other persons. and decisions of courts shall not thereby be impaired: Provided. That the government reserves the right to regulate water rights and the reasonable and equitable distribution of water supply so as to prevent the monopoly of the use thereof. Entry into Private Lands and Concession Areas.

LAND face owner. Appellate Jurisdiction.—The decision or order of the panel of arbitrators may be appealed by the party not satisfied thereto to the Mines Adjudication Board within fifteen (15) days from receipt thereof which must decide the case within thirty (30) days from submission thereof for decision. 78. after the submission of the case by the parties for decision. occupant. prior thereto. His tenure as presiding officer shall be on a yearly basis. The Secretary shall be the chairman with the Director of the Mines and Geosciences Bureau and the Undersecretary for Operations of the Department as members thereof.—There shall be a panel of arbitrators in the regional office of the Department composed of three (3) members. said members shall come from the different bureaus of the Department in the region. with surety or sureties satisfactory to the regional director. and duly designated by the Secretary as recommended by the Mines and Geosciences Bureau Director. Disputes involving rights to mining areas. the prevailing prices in and around the area where the mining operations are to be conducted. Panel of Arbitrators. occupants and claimholders/ concessionaires. Disputes involving mineral agreements or permits. 77. and d. two (2) of whom must be members of the Philippine Bar in good standing and one a licensed mining engineer or a professional in a related field. As much as practicable. The Board shall have the following powers and functions: 384 . Chapter XIII Settlement of Conflicts SEC. Those designated as members of the panel shall serve as such in addition to their work in the Department without receiving any additional compensation. SEC. That to guarantee such compensation. the person authorized to conduct mining operation shall. c. 79. SEC. The members of the panel shall perform their duties and obligations in hearing and deciding cases until their designation is withdrawn or revoked by the Secretary. post a bond with the regional director based on the type of properties. Disputes pending before the Bureau and the Department at the date of the effectivity of this Act. The presiding officer thereof shall be selected by the drawing of lots. or concessionaire as a consequence of such operations shall be properly compensated as may be provided for in the implementing rules and regulations: Provided. Mines Adjudication Board. the panel shall have exclusive and original jurisdiction to hear and decide on the following: a. Disputes involving surface owners. Within thirty (30) working days.—The Mines Adjudication Board shall be composed of three (3) members. further. b.

direct parties to be joined in or excluded from the proceedings. if not restrained forthwith. The Board shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure. where it is trivial or where further proceedings by the Board are not necessary or desirable: 1. and to testify in any investigation or hearing conducted in pursuance of this Act. give all such directions as it may deem necessary or expedient in the determination of the dispute before it. The findings of fact of the Board shall be conclusive and binding on the parties and its decision or order shall be final and executory. and other documents as may be material to a just determination of the matter under investigation.—The total government share in a mineral production sharing agreement shall be the excise tax 385 . In any proceeding before the Board. statement of accounts. papers.PHILIPPINE MINING ACT a. and 2. directly or indirectly. correct. records. may cause grave or irreparable damage to any of the parties to the case or seriously affect social and economic stability. the rules of evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this Act that shall govern. or waive any error. To administer oaths. the parties may be represented by legal counsel. agreements. and impose appropriate penalties therefore. To promulgate rules and regulations governing the hearing and disposition of cases before it. issue subpoenas requiring the attendance and testimony of witnesses or the production of such books. summon the parties to a controversy. as well as those pertaining to its internal functions. In any proceeding before the Board. and such rules and regulations as may be necessary to carry out its functions. refer technical matters or accounts to an expert and to accept his report as evidence after hearing of the parties upon due notice. Government Share in Mineral Production Sharing Agreement. contracts. defect or irregularity. c. 80. all in the interest of due process. b. proceed to hear and determine the disputes in the absence of any party thereto who has been summoned or served with notice to appear. A petition for review by certiorari and question of law may be filed by the aggrieved party with the Supreme Court within thirty (30) days from receipt of the order or decision of the Board. Chapter XIV Government Share SEC. adjourn its hearing at any time and place. whether in substance or in form. amend. conduct its proceedings or any part thereof in public or in private. and dismiss the mining dispute as part thereof. To enjoin any or all acts involving or arising from any case pending before it which. To hold any person in contempt. To conduct hearings on all matters within its jurisdiction.

Income Taxes. The collection of government share in financial or technical assistance agreement shall commence after the financial or technical assistance agreement contractor has fully recovered its pre-operating expenses. b. Allocation of Government Share. SEC. 82. The government shall also be entitled to compensation for its other contributions which shall be agreed upon by the parties. in case of a foreign national. as amended. the contractor shall be liable to pay income tax as provided in the National Internal Revenue Code. withholding tax due from the contractor’s foreign stockholders arising from dividend or interest payments to the said foreign stockholder in case of a foreign national and all such other taxes. exploration. 81. excise tax.—The government share as referred to in the preceding sections shall be shared and allocated in accordance with Sections 290 and 292 of Republic Act No. contribution of the project to the economy. the sharing and allocation shall be in accordance with Sections 291 and 292 of the said Code.LAND on mineral products as provided in Republic Act No. Government Share in Other Mineral Agreements. and d. the contractor’s corporate income tax. The government share in financial or technical assistance agreement shall consist of. among other things. In case the development and utilization of mineral resources is undertaken by a government-owned or controlled corporation. duties and fees as provided for under existing laws. and all such other taxes. among other things. _______________________ 88 An Act reducing the Excise Tax Rates on Metallic and Nonmetallic Minerals and Quarry Resources (2 June 1994). the contractor’s income tax. special allowance.—After the lapse of the income tax holiday as provided for in the Omnibus Investments Code.—The share of the government in co-production and joint venture agreements shall be negotiated by the Government and the contractor taking into consideration the: a. 7160 otherwise known as the Local Government Code of 1991. duties and fees as provided for under existing laws. excise tax. c. and development expenditures. SEC. 88 386 . and shall consist [of]. special allowance. withholding tax due from the contractor’s foreign stockholders arising from dividend or interest payments to the said foreign stockholders. risks involved. 83. as amended. amending Section 151(a) of the National Internal Revenue Code. 7729. capital investment of the project. inclusive. other factors that will provide for a fair and equitable sharing between the government and the contractor. Chapter XV Taxes and Fees SEC.

and date registered. This is in addition to the suspension or closure of the activities of the contractor at any time and the penal sanctions imposed upon the same.—A semi-annual fee to be known as mine wastes and tailings fee is hereby imposed on all operating mining companies in accordance with the implementing rules and regulations. location. 87. financial or technical assistance agreement or exploration permit on public or private lands. SEC. That with respect to a mineral production sharing agreement. b.—One hundred pesos (P100. For mineral reservation. however. 84. For this purpose. upon the recommendation of the Director. If the fee is not paid on the date specified. 86.00) per hectare or fraction thereof per annum.PHILIPPINE MINING ACT SEC.— Fifty pesos (P50. SEC. For mineral agreements and financial or technical assistance agreements. indicating therein the names of the holders. agricultural crops and forest products. 387 . the appropriate officer shall submit to the treasurer of the municipality or city where the onshore mining area is located. cultural resources. For exploration permit—Five pesos (P5. It shall be paid to the treasurer of the municipality or city where the onshore mining areas are located. The Secretary is authorized to increase the occupation fees provided herein when the public interest so requires. or to the Director in case of offshore mining areas.00) per hectare or fraction thereof per annum. The Secretary is authorized to increase mine wastes and tailings fees. Lands. Occupation Fees. The mine wastes and tailings fee shall accrue to a reserve fund to be used exclusively for payment for damages to: a. marine life and aquatic resources.—There shall be collected from any holder of a mineral agreement. a complete list of all onshore mining rights registered with his office. SEC. upon recommendation of the Bureau Director. an annual occupation fee in accordance with the following schedule: a. 85. when public interest so requires. the excise tax on mineral products shall be the government share under said agreement. and c. Infrastructure and the revegetation and rehabilitation of silted farm lands and other areas devoted to agriculture and fishing caused by mining pollution.00) per hectare or fraction thereof per annum. Mine Wastes and Tailings Fees.—The fees shall be paid on the date the mining agreement is registered with the appropriate office and on the same date every year thereafter. Excise Tax on Mineral Products. Lives and personal safety. it shall be increased by twenty-five percent (25%). Manner of Payment of Fees.—The contractor shall be liable to pay the excise tax on mineral products as provided for under Section 151 of the National Internal Revenue Code: Provided. b. area in hectares. and c.

91.—The Secretary is authorized to charge reasonable filing fees and other charges as he may prescribe in accordance with the implementing rules and regulations. That payment of mine wastes and tailings fees is not exempted.—Pollution control devices acquired. Incentives.LAND SEC. constructed or installed by contractors shall not be considered as improvements on the land or building where they are placed. Filing Fees and Other Charges. further. 93. however. and any portion of such loss which exceeds the taxable income of such first year shall be deducted in like manner from the taxable income of the next remaining four (4) years. Chapter XVI Incentives SEC. and financial or technical assistance agreements shall be entitled to the applicable fiscal and non-fiscal incentives as provided for under Executive Order No. 89. To the extent of not more than twice as fast as the normal rate of depreciation or depreciated at normal rate of depreciation if the expected life is ten (10) years or less. The entire amount of the loss shall be carried over to the first of the five (5) taxable years following the loss. SEC. or b.—Fixed assets may be depreciated as follows: a. 226. That holders of exploration permits may register with the Board of Investments and be entitled to the fiscal incentives granted under the said Code for the duration of the permits or extensions thereof: Provided.—The contractors in mineral agreements.—Thirty percent (30%) of all occupational fees collected from holders of mining rights in onshore mining areas shall accrue to the province and seventy percent (70%) to the municipality in which the onshore mining areas are located. SEC. In a chartered city. Incentives for Pollution Control Devices. otherwise known as the Omnibus Investments Code of 1987: Provided. 88. That the contractor notifies the Bureau of 388 . SEC. the full amount shall accrue to the city concerned. and shall not be subject to real property and other taxes or assessments: Provided. Income Tax-Accelerated Depreciation. SEC. 92. Income Tax-Carry Forward of Losses. Depreciated over any number of years between five (5) years and the expected life if the latter is more than ten (10) years. and the depreciation thereon allowed as deduction from taxable income: Provided. That mining activities shall always be included in the investment priorities plan. 90. Allocation of Occupation Fees.—A net operating loss without the benefit of incentives incurred in any of the first ten (10) years of operations may be carried over as a deduction from taxable income for the next five (5) years immediately following the year of such loss.

—The right to repatriate the entire proceeds of the liquidation of the foreign investment in the currency in which the investment was originally made and at the exchange rate prevailing at the time of repatriation. deduct exploration and development expenditures accumulated at cost as of the date of the prospecting or exploration and development expenditures paid or incurred during the taxable year: Provided.—The right to remit at the exchange rate prevailing at the time of remittance such sums as may be necessary to meet the payments of interest and principal on foreign loans and foreign obligations arising from financial or technical assistance contracts.—The right to remit earnings from the investment in the currency in which the foreign investment was originally made and at the exchange rate prevailing at the time of remittance. b. foreign investors or enterprises shall have the right to remit sums received as compensation for the expropriated property in the currency in which the investment was originally made and at the exchange rate prevailing at the time of remittance. Investment Guarantees. unless otherwise provided in this Act.—The contractor shall be entitled to the basic rights and guarantees provided in the Constitution and such other rights recognized by the government as enumerated hereunder: a. milling and marketing expenses. Net income from mining operation is defined as gross income from operations less allowable deductions which are necessary or related to mining operations. 94. at his option.—The right to be free from requisition of the property represented by the investment or of the property of the enterprises except in case of war or national emergency and only for the duration thereof.PHILIPPINE MINING ACT Internal Revenue at the beginning of the depreciation period which depreciation rate allowed by this section will be used. depreciation of properties directly used in the mining operations. d.—The right to be free from expropriation by the government of the property represented by investments or loans. the contractor may. Allowable deductions shall include mining. Just compensation shall be determined and paid either at the time or immediately after cessation of the state of 389 . That the total amount deductible for exploration and development expenditures shall not exceed twenty-five percent (25%) of the net income from mining operations. Freedom from expropriation. This paragraph shall not apply to expenditures for the acquisition or improvement of property of a character which is subject to the allowances for depreciation. e. Repatriation of investments. The actual exploration and development expenditures minus the twenty-five percent (25%) net income from mining shall be carried forward to the succeeding years until fully deducted. Foreign loans and contracts. c. Requisition of investment. or of the property of the enterprise except for public use or in the interest of national welfare or defense and upon payment of just compensation. SEC. Remittance of earnings. In computing for taxable income. In such cases.

Non-payment of Taxes and Fees. 100. Confidentiality. From Staff Bureau to Line Bureau.LAND war or national emergency.—The Mines and Geosciences Bureau is hereby transformed into a line bureau consistent with Section 9 of this Act: Provided.—Failure of the permittee or contractor to comply with any of the requirements provided in this Act or in its implementing rules and regulations. 97. 390 . Suspension or Cancellation of Tax Incentives and Credits. mining agreement and financial or technical assistance agreement shall be considered as conditions and essential parts thereof and any falsehood in said statements or omission of facts therein which may alter. Violation of the Terms and Conditions of Permit or Agreements. Late or Non-filing of Requirements. change or affect substantially the facts set forth in said statements may cause the revocation and termination of the exploration permit. mineral agreement. Revocation. SEC. financial or technical assistance agreement and other agreements and the reopening of the area subject thereof to new applicants. SEC. f. and Termination SEC. mining agreement and financial or technical assistance agreement. Falsehood or Omission of Facts in the Statement.—Failure to pay taxes and fees due the government for two (2) consecutive years shall cause the cancellation of the exploration permit. Chapter XVIII Organizational and Institutional Arrangements SEC. Chapter XVII Ground for Cancellation. shall be sufficient ground for the suspension of any permit or agreement provided under this Act. That under the Mines and Geosciences Bureau shall be the necessary mines regional. and during the term of the project to which it relates. Payments received as compensation for the requisitioned property may be remitted in the currency in which the investments were originally made and at the exchange rate prevailing at the time of remittance. SEC.—Failure to abide by the terms and conditions of tax incentives and credits shall cause the suspension or cancellation of said incentives and credits. without a valid reason. 95. SEC.—All statements made in the exploration permit. 99. 98. 96.—Any confidential information supplied by the contractor pursuant to this Act and its implementing rules and regulations shall be treated as such by the Department and the government.— Violation of the terms and conditions of the permits or agreements shall be a sufficient ground for cancellation of the same. district and other pertinent offices—the number and specific functions of which shall be provided in the implementing rules and regulations of this Act.

fittings or a mine.00). 105. damages or destroys any machine. pay compensation for the damages caused thereby.000. without justifiable cause. SEC. in addition. or corporations. apparatus. he shall be liable to pay damages and compensation for the minerals removed. Illegal Exploration. shall be punished. In addition.000. SEC. 106. Theft of Minerals. Willful Damage to a Mine.—Any person extracting minerals and disposing the same without a mining agreement. or steals minerals or ores or the products thereof from mines or mills or processing plants shall. upon conviction. by imprisonment not exceeding a period of five (5) years and shall. upon conviction by the 391 . 103. or partnership. In the case of associations. upon conviction. pay compensation for the damages caused thereby. upon conviction. be penalized by a fine not exceeding ten thousand pesos (P10. or obstructs any shaft or passage to a mine.00). partnerships. and disposed of.—Any person who knowingly presents any false application.—Any person undertaking exploration work without the necessary exploration permit shall. Destruction of Mining Structures. appliance. tackle. or evidence to the government or publishes or causes to be published any prospectus or other information containing any false statement relating to mines. or any other things used in a mine. unlawfully causes water to run into a mine. SEC. chain.00). be imprisoned from six (6) months to six (6) years or pay a fine from Ten Thousand Pesos (P10. prevents or obstructs the holder of any permit. extracted. upon conviction. SEC. be penalized by a fine not exceeding fifty thousand pesos (P50. Illegal Obstruction to Permittees or Contractors. upon conviction. 104. the president and each of the directors thereof shall be responsible for the acts committed by such association. 107. rope. False Statements. mining operations or mineral agreements. declaration. Mines Arson. upon conviction. corporation. by the appropriate court. financial or technical assistance agreements and permits shall.PHILIPPINE MINING ACT Chapter XIX Penal Provisions SEC. agreement or lease from undertaking his mining operations shall be punished.—Any person who willfully destroys or damages structures in or on the mining area or on the mill sites shall. be imprisoned for a period not to exceed five (5) years and shall.00) to Twenty Thousand Pesos (P20. mine or workings. or both. 102. pay compensation for the damages which may have been caused thereby. at the discretion of the appropriate court. shall be guilty of arson and shall be punished.—Any person who wilfully sets fire to any mineral stockpile. or renders useless. in addition. SEC. permit.000. by the appropriate court in accordance with the provisions of the Revised Penal Code and shall.—Any person who willfully damages a mine. in addition. lease. SEC.000. license.—Any person who. 101.

000.LAND appropriate court. upon conviction. at the discretion of the court. 108. SEC. the Director or any of their representatives in the performance of their duties under the provisions of this Act and of the regulations promulgated hereunder shall be punished. development and utilization of minerals. development and utilization of mineral resources. SEC. by the appropriate court. or production sharing agreements for the exploration. 25 July 1987).000. finally.000. That the provisions of Chapter XIV on government share in mineral production-sharing agreement and of Chapter XVI on incentives of this Act shall immediately govern and apply to a mining lessee or contractor unless the mining lessee or contractor indicates his intention to the Secretary.00). Other Violations. production_______________________ Authorizing the Secretary of Environment and Natural Resources to negotiate and conclude joint venture. Non-Impairment of Existing Mining/Quarrying Rights. That no renewal of mining lease contracts shall be made after the expiration of its term: Provided. mineral 89 production-sharing agreements granted under Executive Order No.00) or by imprisonment not exceeding one (1) year.—The Secretary is authorized to charge fines for late or nonsubmission of reports in accordance with the implementing rules and regulations of this Act. at the discretion of the court. Fines. Chapter XX Transitory and Miscellaneous Provisions SEC. leases pending renewal.—All valid and existing mining lease contracts. (E. by a fine not exceeding Five Thousand Pesos (P5. by a fine not exceeding Five Thousand Pesos (P5. 89 392 . further. in writing.—Any other violation of this Act and its implementing rules and regulations shall constitute an offense punishable with a fine not exceeding Five Thousand Pesos (P5. SEC. 279.00) or imprisonment not exceeding one (1) year. or both. 110. Violation of the Terms and Conditions of the Environmental Compliance Certificate. shall remain valid. Illegal Obstruction to Government Officials. not to avail of said provisions: Provided. 279. 109. SEC. That such leases.—Any person who illegally prevents or obstructs the Secretary. and shall be recognized by the government: Provided. at the discretion of the court.000. 111. shall not be impaired. 112.00) to Two Hundred Thousand Pesos (P200.00).O. and prescribing the guidelines for such agreements and those agreements involving technical and financial assistance by foreign-owned corporations for large-scale operation. co-production. at the date of effectivity of this Act. or both.—Any person who wilfully violates or grossly neglects to abide by the terms and conditions of the environmental compliance certificate issued to said person and which causes environmental damage through pollution shall suffer the penalty of imprisonment of six (6) months to six (6) years or a fine of Fifty Thousand Pesos (P50. or both. permits/licenses.000.

former President Corazon Aquino’s Executive Order Nos. Separability Clause. 211 and 279. 57 declares “all existing mining leases or agreements which were granted after the effectivity of the 1987 Constitution…shall be converted into production-sharing agreements within one (1) year from the effectivity of these guidelines. 211 prescribes the interim procedures in the processing and approval of applications for the exploration. executive orders. lease/quarry applications shall be given preferential rights to enter into any mode of mineral agreement with the government within two (2) years from the promulgation of the rules and regulations implementing this Act. Department Administrative Order No. 82 provides that a failure to submit Letter of Intent (LOI) and Mineral Production-Sharing Agreement (MPSA) within 2 years from the effectivity of Department Administrative Order No.—This Act shall take effect thirty (30) days following its complete publication in two (2) newspapers of general circulation in the Philippines. assails the constitutionality of two department administrative orders (DAOs) issued by then Secretary of Environment and Natural Resources Fulgencio Factoran Jr. Recognition of Valid and Existing Mining Claims and Lease/Quarry Application.—All laws. Repealing and Amending Clause. 57 shall cause the abandonment of mining. and sand and gravel claims. The Miners Association of the Philippines (MAP). Mining Agreements May be Changed Facts: In the exercise of her interim legislative powers. Article XII of the 1987 Constitution. 393 . development and utilization of minerals pursuant to Section 2. Effectivity Clause. Approved: March 3. Department Administrative Orders No. 115. rules. or production-sharing agreements for the exploration. SEC. 114. development. Executive Order No. an organization composed of mining prospectors and claim owners or claimholders. pursuant to those two executive orders.—If any of the provision of this Act is held or declared to be unconstitutional or invalid by a competent court. 116. SEC. financial or technical assistance agreements shall comply with the applicable provisions of this Act and its implementing rules and regulations. presidential decrees.—Holders of valid and existing mining claims. and regulations or parts thereof which are inconsistent with any of the provisions of this Act are hereby repealed or amended accordingly. 279 authorizes the DENR Secretary to negotiate and conclude joint-venture. 1995.” Related thereto. Executive Order No. SEC. co-production. the other provisions hereof shall continue to be in force as if the provision so annulled or voided had never been incorporated in this Act. quarry.PHILIPPINE MINING ACT sharing agreements. and utilization of mineral resources. 113. SEC.

” Miners Association of the Philippines v. 463. “Petitioner’s insistence on the application of Presidential Decree No. 57 violates the non-impairment of contract clause in the Constitution for unduly pre-terminating existing mining leases and other mining agreements and automatically converting them into production -sharing agreements within one (1) year from its effectivity. Police power. Moreover. it claims that Department Administrative Order No. R. Moreover. 463 pertains to the old system of exploration. “mining leases or agreements granted by the State. 279. may not be precluded by the constitutional restriction on non-impairment of contract from altering. 98332. Presidential Decree No. 463 and other existing mining laws are deemed repealed. An Extractive Industry • Mining is essentially an extractive industry resulting in the depletion of nonrenewable resources. 211 referred to in this petition. the revenue must be discounted by the social and environmental cost of mining to arrive at a more realistic picture of the benefit derived from the mining industry. revenues derived from this industry must not be treated as revenue but as a cost to the country’s natural capital. 394 . 1995 Mining. 463. extends to all the vital public needs. By virtue of the new constitutional mandate and its implementing law. Article XII of the 1987 Constitution. in the exercise of its police power in this regard. At the very least. Issue: Are the two department administrative orders valid? Held: Yes. Executive Order No.” “Accordingly. MAP alleges that the department administrative orders are issued in excess of jurisdiction and are inconsistent with the executive orders. concession. January 16. modifying and amending the mining leases or agreements granted under Presidential Decree No. development. No. as amended. development and utilization of natural resources through ‘license. the Court said that notwithstanding the absence of any reservation clause or any law amending a private contract. pursuant to Executive Order No.LAND Aside from being unconstitutional. the provisions for the ‘license. and utilization of mineral resources is erroneous. the State. such as those granted pursuant to Executive Order No. as amended. Factoran 240 SCRA 100. are subject to alterations through a reasonable exercise of the police power of the State. 211. G. as the governing law for the exploration. Basic and simple accounting principles demands no less. concession or lease’ which has already been disallowed by Section 2. or lease’ of mineral resources under Presidential Decree No. being co-extensive with the necessities of the case and the demands of public interest. Thus.

2004. (WMCP). though permitted under the 1973 Constitution. The Decision struck down the subject FTAA for being similar to service contracts. nearly unfettered control over the disposition and sale of the products discovered/extracted. (Editor’s Note: Below is the Court’s summary of a very extensive decision which reversed its original decision by 180 degrees. 1995. (2) its Implementing Rules and Regulations (DENR Administrative Order No. [DAO] 96-40). the 1987 Constitution (Section 2 of Article XII) effectively banned such service contracts. the policy of incentives to extract mineral resources must be removed and the policy to encourage indiscriminate and hastened extraction of the natural capital reversed. Subsequently. it must be with utmost and deliberate care to ensure its long-term availability.) 395 . mainly on the finding that FTAAs are service contracts prohibited by the 1987 Constitution. the Court en banc promulgated its Decision granting the Petition and declaring the unconstitutionality of certain provisions of RA 7942. inter alia. vesting in the foreign contractor exclusive management and control of the enterprise. effective ownership of the natural resource at the point of extraction. executed by the government with Western Mining Corporation (Philippines). It is even worse if foreigners are allowed. were subsequently denounced for being antithetical to the principle of sovereignty over our natural resources. • THE FINANCIAL AND TECHNICAL ASSISTANCE AGREEMENT (IN MINING) IS CONSTITUTIONAL Facts: The Petition for Prohibition and Mandamus before the Court challenges the constitutionality of (1) Republic Act No. According to the Decision. The Decision quoted several legal scholars and authors who had criticized service contracts for.PHILIPPINE MINING ACT • If extraction must be done. respondents filed separate Motions for Reconsideration. even encouraged. Inc. Thus. to the prejudice of the Filipino nation. including operation of the field in the event petroleum was discovered. expansion and development. because they allowed foreign control over the exploitation of our natural resources. On January 27. control of production. [RA] 7942 (The Philippine Mining Act of 1995). Also. DAO 96-40. and (3) the FTAA dated March 30. and beneficial ownership of our economic resources. as well as of the entire FTAA executed between the government and WMCP. to extract these mineral resources. its naturally polluting tendency must be controlled very strictly. which.

rather. apart from financial or technical assistance. as an exception to the general norm 396 . they were intent on crafting provisions to put in place safeguards that would eliminate or minimize the abuses prevalent during the martial law regime. The framers spoke about service contracts as the concept was understood in the 1973 Constitution. foreign investment in and management of an enterprise for large-scale exploration. there would be no point in requiring that they be “based on real contributions to the economic growth and general welfare of the country. Instead. and a careful scrutiny thereof conclusively shows that the ConCom members discussed agreements involving either technical or financial assistance in the same sense as service contracts and used the terms interchangeably. a verba legis scrutiny of Section 2 of Article XII of the Constitution discloses not even a hint of a desire to prohibit foreign involvement in the management or operation of mining activities. Also. but rather implies that there are other things being included or possibly being made part of the agreement. a literal and restrictive interpretation of this paragraph leads to logical inconsistencies. Resort to the deliberations of the Constitutional Commission is therefore unavoidable. The drafters in fact knew that the agreements with foreign corporations were going to entail not mere technical or financial assistance but. the framers’ choice of words does not indicate the intent to exclude other modes of assistance.LAND The Meaning of “Agreements Involving Either Technical or Financial Assistance” Applying familiar principles of constitutional construction to the phrase agreements involving either technical or financial assistance. In brief. they were going to permit service contracts with foreign corporations as contractors. the absence of any transitory provisions to govern the termination and closing-out of the then existing service contracts strongly militates against the theory that the mere omission of “service contracts” signaled their prohibition by the new Constitution. That change requires a much more definite and irrefutable basis than mere omission of the words “service contract” from the new Constitution. the provision was meant to refer to more than mere financial or technical assistance. Such moves would necessarily imply an underlying drastic shift in fundamental economic and developmental policies of the State. The drafters avoided the use of restrictive and stringent phraseology. development and utilization of minerals. but with safety measures to prevent abuses. Furthermore. or to eradicate service contracts.” And considering that there were various long-term service contracts still in force and effect at the time the new Charter was being drafted. if paragraph 4 permits only agreements for financial or technical assistance. It is obvious from their discussions that they did not intend to ban or eradicate service contracts. A constitutiona