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

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

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

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

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

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

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

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

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

and safety or creating conditions adverse to agriculture. (e) attain a rational and orderly balance between population and resource use. 3. (b) assure the people of a safe. the government recognizes the right of the people to a healthful environment. 2. develop. discharge. productive. Ferdinand E. Right to a Healthy Environment—In furtherance of these goals and policies. in promoting the general welfare to the end that the nation may (a) recognize. health. and Whereas. there is now an urgent need to formulate an intensive. pursuing SEC. and industry. It 18 . economic and other requirements of present and future generations of Filipinos. by virtue of the powers vested in me by the Constitution.TOUR OF THE HORIZON technological advances have resulted in a piece-meal approach concept of environmental protection. and aesthetic environment.” — St. Policy—It is hereby declared a continuing policy of the State (a) to create. maintain. and (c) to ensure the attainment of an environmental quality that is conducive to a life of dignity and well-being. or endangering human life. President of the Philippines. commerce. (c) encourage the widest exploitation of the environment without degrading it. Natural Heritage) vironment for succeeding generations. to use all practicable means. 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. and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other. and (f) improve the utilization of renewable and nonrenewable resources. do hereby order and decree: SECTION 1. and fulfill “Sing. SEC. Tapan. Marcos. (b) to fulfill the social. in cooperation with concerned private organizations and entities. healthful. Whereas. consistent with other essential considerations of national policy. John Perse as trustee and guardian of the en(G. I. it shall be the responsibility of the government. (d) preserve important historic and cultural aspects of the Philippine heritage. Therefore. 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. Goal—In this policy. sweetness to the last palpitation of the evening the responsibilities of each generation and the Breeze. decent.

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

1121. esp. Whereas. 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. Oposa) Note: The provisions on air quality management have been revised by the Clean Air Act of 1999 (R. Sec. Therefore. Please news article below. it is necessary that the creation of the Council be implemented with the launching of a comprehensive program of environmental protection and management. 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. 16. 8749. Please see Chapter 3). by virtue of the powers vested in me by the Constitution. E. s. were creatively used to compel the various government agencies to clean up Manila Bay. President of the Republic of the Philippines. A. 192. Short Title—This Decree shall be known and cited as the “Philippine Environment Code.O. Marcos. Whereas. I. Title II—Water Quality Management Note: The provisions on Water Quality have been revised by the Clean Water Act (Republic Act ____. 20 . Please see Chapter 4) .” — Henry David Thoreau (A. The provisions quoted hereunder. do hereby order and decree: SECTION 1. No. However.TOUR OF THE HORIZON Whereas. No. _______________________ 5 Abolished by Sec. 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. Ferdinand E. 17 and 20. 1987.

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

pesticides. 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. removal. 22 . fertilizers. SEC. mine tailings. Clean-up Operations—It shall be the responsibility of the polluter to contain. storage. 21. and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution. 20. 17. 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. subject to the approval of the National Pollution Control Commission. 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. SEC. 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. toxic. the technology relating to water pollution control.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. 1121. and the disposal. the following: a. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. 19. and oils. utilization. the standard of water quality or purity may vary according to beneficial uses. Chapter II—Protection and Improvement of Water Quality SEC. taking into consideration. and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries. 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. discharge. In the performance of the above functions. and dumping of untreated wastewater. Other government agencies may adopt higher standards for a particular body of water. Enforcement and Coordination—The production. among others. and other substances such as radioactive materials. SEC. and distribution of hazardous. Upgrading of Water Quality— Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage. In case of his failure to do so. SEC. the government agencies concerned shall undertake containment. 18. and clean up water pollution incidents at his own expense. remove. and b. water-borne sources. heavy metals.

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

Second. or to animal or plant life.’ 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. It is enough for the Board to find that the wastes discharged exceed ‘the allowable standards. only the costs of capital. The Pollution Control Law (Presidential Decree No. . First of all.” In this case. public health.’ In respect of discharges of wastes as to which allowable standards have been set by the DENR. 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. materials. or to animal or plant life’ exists before an ex parte cease and desist order may be issued. and very subtly. 984) in Section 7 a. G. 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. safety or welfare. R. Pollution Adjudication Board v. 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. whenever such discharges or wastes exceed “the allowable standards . this is known as the principle of unjust enrichment. by disregarding the requirement of anti-pollution statutes and their implementing regulations.” “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.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 general standard of ‘an immediate threat to life. it is not essential that the Board prove that an ‘immediate threat to life. safety or welfare. public health. this passage is actually an early example of the modern concept of cost internalization. No. In law. safety or welfare. safety or welfare or to animal or plant life. public health. 93891. or to animal and plant life’ remains necessary. 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. 1991 Unjust Enrichment and the Internalization of Environmental Costs The last quoted paragraph of this decision is quite interesting.” “On the one hand. CA 195 SCRA 112. and labor are factored into the cost of production.. 50 . March 11. In the manufacturing process. public health. health and general welfare and comfort.” or b.

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

regardless of the mayor’s justifications for issuing his arbitrary closure order. 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. 1991 declared that the Mayor’s closure order was done pursuant to the latter’s police power. Hence. TDI then went to the Court of Appeals which also dismissed the petition. this petition before the Supreme Court. 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. the Court of Appeals. it must be recognized that the mayor of a town has as much responsibility of protecting its inhabitants from pollution. the very lives of the people. “(o)ur previous decision was anchored on factual allegations in the respondent mayor’s pleadings. in a Resolution dated July 31. In its resolution. the RTC allowed the mayor to effect the closure. and this court assumed to be true. 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.) “We are impelled to reconsider our decision for. by virtue of his police power. and is. the Court said. the Court reversed itself 180 degrees apparently in the face of certain evidence submitted by TDI. 1991. he was. However. from the deleterious effect of the pollution of the environment. upon motion for reconsideration. The petitioner’s motion for reconsideration of our decision has knocked down those factual moorings of our decision. July 31. 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. Among others.TOUR OF THE HORIZON TDI brought a petition before the RTC of Bulacan to prevent the mayor from carrying out his order. 1991 Resolution (Note: However. nay.” Moreover. 1991 Decision The initial decision of the Supreme Court dated January 21. 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. Issue: Was the RTC correct in allowing the mayor to effect the closure of the allegedly polluting establishment? Held: No. which the trial court. bereft of jurisdiction to issue 52 . January 21.

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

Go instead where there is no path and then…leave a trail. The case cited above and its implications on local governance are excellent subjects to explore in a path-breaking legal research paper. and recognizing that Environmental Management System (EMS). Pollution Control Law [PD 984. (h)(6). Oposa) 54 . Note however that the resolution of the Motion for Reconsideration was based on certain facts: that TDI. it is believed that the Court would rule differently if a similar case is brought today. Pollution Prevention/Cleaner Do not go where the path may lead.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. Environmental Code (PD 1152. the Philippine Agenda 21. Incidentally. Section 2 (h). (Ralph W. 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. Essays) (A. a quasi-judicial body of which the EMB is only the Secretariat. Ecological Solid Waste Management Act (Article 1. 58)] and the Medium Term Philippine Development Plan (19992004) Clean Air Act of 1999. Emerson. The power to hear and decide on pollution cases is actually vested in the Pollution Adjudication Board (PAB) per Executive Order No. the Court’s reference to the EMB as the proper body is slightly inaccurate. Executive Order 192 (Sec 5. 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. Philippine Environment Partnership Program (DAO 2003-14) Article I Policy Statement. 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. Socrates. 57). Sec 6 (f)(g)]. 192 (1987). after all.

distribution. of hazardous and nuclear 55 .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. Natural Heritage) 2. to prohibit the entry. SECTION 1.” — Marie Curie (G. 2. Declaration of Policy—It is the policy of the State to regulate. Tapan.3 To build or enhance the capability of establishments and/or their associations on self-regulation. sale. 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. use. 2. Objectives “All my life through.1 To promote mandatory self-monitoring and compliance with environmental standards and to encourage voluntary self-regulation among establishments for improved environmental performance. and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment.2 To provide incentives and package of assistance to establishments particularly the small and medium enterprises to achieve pollution prevention/cleaner production process. 2. Toxic Substances and Hazardous Wastes (Republic Act 6969) SECTION 1.TOXIC SUBSTANCES AND HAZARDOUS WASTES Production (P2/CP) are significant programs to reduce pollution and promote sound environmental management.” SEC. the new sights of Nature made me rejoice like a child. processing. 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). 2. manufacture. SEC. even in transit. 2. or prohibit the importation. Short Title—This Act shall be known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990. restrict.

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

the potential to pollute underground or surface waters. c. resistance to detoxification process such a biodegradation. 5. carcinogenicity (which may in some cases result from acute exposure but with a long latent period). long-term environmental hazards. or skin absorption. Hazardous substances are substances which present either: i. As part of an article containing a chemical substance or mixture. b. the product or substance of which is intended for direct consumption. Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature. warehousing. and ii. in whole or in part. Unreasonable risk means expected frequency of undesirable effects or adverse responses arising from a given exposure to a substance.TOXIC SUBSTANCES AND HAZARDOUS WASTES SEC. Process means the preparation of a chemical substance or mixture after its manufacture for commercial distribution: i. short-term acute hazards. This shall include non-biodegradable mixtures. or for further processing. whether it is done in a factory or in the worker’s home. and whether the products are sold at wholesale or retail. or aesthetically objectionable properties such as offensive odors. 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. such as acute toxicity by ingestion. 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. Manufacture means the mechanical or chemical transformation of substances into new products whether work is performed by power-driven machines or by hand. the result of a chemical reaction. g. or ii. 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. including: i. or ii. Chemical mixture means any combination of two or more chemical substances if the combination does not occur in nature and is not. including chronic toxicity upon repeated exposure. e. Chemical substance means any organic or inorganic substance of a particular molecular identity. merchandising. f. d. Definition—As used in this Act: a. Any element or uncombined chemical. inhalation. 57 . corrosivity or other skin or eye contact hazards or the risk of fire or explosion.

industrial. of hazardous and nuclear wastes and their disposal into the country. their existing and possible uses. processed. and consumer discards of manufacture products. and responsibilities: a. SEC. agricultural. h. Powers.TOUR OF THE HORIZON h. To conduct inspection of any establishment in which chemicals are manufactured. agricultural. To subpoena witnesses and documents and to require other information if necessary to carry out the provisions of this Act. or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines. Hazardous wastes shall also refer to by-products. quality. development. To monitor and prevent the entry. To confiscate or impound chemicals found not falling within said acts and cannot be enjoined except after the chemicals have been impounded. or held before or after their commercial distribution and to make recommendations to the proper authorities concerned. 58 . c. To enter into contracts and make grants for research. among others. or economic usage and are shipped. or industrial purpose. i. indicating. and monitoring of chemical substances and mixtures. To keep an updated inventory of chemicals that are presently being manufactured or used. commercial. b. side-products. process residues. e. 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. 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. i. test data. g. Hazardous wastes are hereby defined as substances that are without any safe commercial. and such other information as the Secretary may consider relevant to the protection of health and the environment. Functions. or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific. stored. 6. 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. f. transported. spent reaction media. 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. powers. medical. contaminated plant or equipment or other substances from manufacturing operations. even in transit. d. names of firms manufacturing or using them. 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.

c. 7. b. and wastes on health and environment. agency. SEC. and other resources as the need arises in the discharge of its functions. and other instrumentalities of the government for assistance in the form of personnel. bureau. 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. facilities. To disseminate information and conduct educational awareness campaigns on the effects of chemical substances. To exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under 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. The Council shall have the following functions: a. 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. and l. office. mixtures. k. 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. and 59 . state university or college. To call on any department.TOXIC SUBSTANCES AND HAZARDOUS WASTES j.

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

SEC. 61 . processing. processing. however. or would otherwise tend to affect adversely the competitive position of such manufacturer. processed. or disposal. use. within ninety (90) days from the date of filing of the notice of manufacture. Those to be produced in small quantities solely for experimental or research and developmental purposes. 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. or importation of a chemical substance or mixture. b. manufacture. or information concerning chemical substances and mixtures including safety data submitted. The Secretary may. data on emission or discharge into the environment. Public Access to Records. Chemical Substances Exempt from Pre-Manufacture Notification—The manufacture of the following chemical substances or mixtures shall be exempt from premanufacture notification: a. extend the ninety-day pre-manufacture period within a reasonable time. Prohibited Acts—The following acts and omissions shall be considered unlawful: a. production or processes unique to such manufacturer. Knowingly use a chemical substance or mixture which is imported. 10. reports. Chemical substances and mixtures that will not present an unreasonable risk to health and the environment. or distributed in violation of this Act or implementing rules and regulations or orders. SEC. processor.TOXIC SUBSTANCES AND HAZARDOUS WASTES SEC. 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. for justifiable reasons. 11. distribution. c. manufactured. 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. or distributor. Those included in the categories of chemical substances and mixtures already listed in the inventory of existing chemicals. and d. or Notification—The public shall have access to records. sale. 12. or distributor. processor. Reports. The Department of Environment and Natural Resources. SEC. decide whether or not to regulate or prohibit its importation. 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. 13. 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.

air. 14. the director and all officers of such foreign firm shall be barred from entry into the Philippines. in addition to the cancellation of its license to do business in the Philippines. c. Failure or refusal to submit reports. 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 . If it is a foreign firm. ii. or facilitate. including its maritime economic zones. If the offender is a foreigner. he or she shall. Every penalty imposed for the unlawful importation. processing. processed. or chief executive in addition to an exemplary damage of at least Five Hundred Thousand Pesos (P500. entry. and d. Criminal Offenses and Penalties— a. i. If the offender is a foreigner. c. Cause. be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. or otherwise held. he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence. or other information. in addition to the above penalties. In the case of corporations or other associations. the above penalty shall be imposed upon the managing partner. either by means of land. The penalty of imprisonment of twelve (12) years and one day to twenty (20) years.TOUR OF THE HORIZON b. 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. aid. notices. manufacture. director.00). directly or indirectly. SEC. president.000. ii. stored. In case the offender is a government official or employee. the partner. Failure or refusal to comply with the pre-manufacture and pre. shall be imposed upon any person who shall violate Section 13 (d) of this Act. or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines. 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. access to records. sale. iii. iii. or bringing into Philippines territory. In case the offender is a government official or employee. in the storage. association. he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence.000. corporation. or permit inspection of establishment where chemicals are manufactured. president.importation requirements. even in transit.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. i. as required by this Act.00) to Four Thousand Pesos (P4. importation. In case any violation of this Act is committed by a partnership. or any juridical person. b. transport. 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.

but not more than Fifty Thousand Pesos (P50. in coordination with the member agencies of the InterAgency Technical Advisory Council.00).000. and rules and regulations which are inconsistent with this Act are hereby repealed or modified accordingly. 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. SEC. 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. SEC. sea vessels. 1990. Any and all means of transportation. d. 17. the Secretary of Environment and Natural Resources is hereby authorized to impose a fine of not less than Ten Thousand Pesos (P10. 19. Effectivity—This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation. Approved: October 26. 18. 15.000. shall prepare and publish the rules and regulations implementing this Act within six months from the date of its effectivity. and issuances. 20. 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. Administrative Fine—In all cases of violations of this Act. the remaining provisions thereof not affected thereby shall remain in full force and effect. including violations of implementing rules and regulations which have been duly promulgated and published in accordance with Section 16 of this Act. 16. 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. SEC. presidential decrees. SEC. 63 . 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. and aircrafts used in or with which the offense was committed. SEC. tools or other improvements including vehicles. Separability Clause—If any provision of this Act is declared void or unconstitutional. Promulgation of Rules and Regulations—The Department of Environment and Natural Resources. executive orders.00) upon any person or entity found guilty thereof.TOXIC SUBSTANCES AND HAZARDOUS WASTES government of the proceeds of the unlawful act and instruments. Repealing Clause—All laws.

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

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

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

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

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

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

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

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

TOUR OF THE HORIZON g. Perform other functions as may be assigned by the Secretary and/or provided by law. 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. 72 . and conservation and shall have the following functions. 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. development. Oposa) a. SEC. 15. 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. (A. b. 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). Recommend policies. and chromite sand. regulations. and programs pertaining to mineral resources development and geology. etc. magnetite. The Mines and Geosciences Bureau. gold placer. but not limited to: Hammock on the seashore of the School of the Seas.

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

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

and p) of Presidential Decree No. marine parks. and regulations for the establishment and management of an Integrated Protected Areas Systems such as national parks. Formulate and recommend policies. f. Arayat National Park. b. 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. and regulations for the preservation of biological diversity. 25 Pollution Control Law. Prepare an up-to-date listing of endangered Philippine flora and fauna and recommend a program of conservation and propagation of the same. Perform other functions as may be assigned by the Secretary and/or provided by law. SEC. Formulate and recommend policies. Magat Forest Reservation and Mt. 984. genetic resources. 984. The Board shall be composed of the Secretary as Chairman. Laguna. d. 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. j. The Bureau shall have the following functions: a. formerly with the Ministry of Tourism in accordance with Section 24 (c) hereof. c. and three (3) others to be designated by the Secretary as members. 3931 and Presidential Decree No. Rizal. wildlife sanctuaries and refuge. guidelines.ENVIRONMENTAL ADMINISTRATION the KKK Processing Authority. 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. 19. k. and endangered Philippine flora and fauna. and the community office in municipalities wherever deemed necessary. and biospheric reserves. 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). Pollution Adjudication Board (PAB) — There is hereby created a Pollution Adjudication Board under the Office of the Secretary. the Environment and Natural Resources Provincial Office in every province. The Protected Areas and Wildlife Bureau shall be headed by a director and assisted by an assistant director. 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 regional offices of the Bureau of Forest Development. rules. SEC. and Quezon formerly declared as Bagong Lipunan sites of said Ministry. guidelines. the Director of Environmental Management. particu25 larly with respect to Section 6 (e. e. 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. 20. rules. all national parks. The Environmental Management Bureau shall serve as the Secretariat of the Board. two (2) Undersecretaries as may be designated by the Secretary. g. 24 75 .

Land Management. 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. lumber and other wood-processed products. h. policies. Mines and Geosciences. The regional executive directors and regional technical directors shall be career executive service officers. and Ecosystems Research.TOUR OF THE HORIZON and Geosciences. Recommend and. SEC. Implement laws. i. Conduct comprehensive inventory of natural resources in the region and formulate regional short and long-term development plans for the conservation. Perform other functions as may be assigned by the Secretary and/or provided by law. Conduct field researches for appropriate technologies recommended for various projects. rules and regulations of the Department to promote the sustainability and productivity of natural resources. Supervise the processing of natural resources products. and land management and disposition. Coordinate with regional offices of other departments. in accordance with Section 24 (e) hereof. implement programs and projects on forestry. 76 . but not limited to: a. programs. 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. offices. 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. Provide efficient and effective delivery of services to the people. agencies in the region and local government units in the enforcement of natural resource conservation laws and regulations. Environmental Management. e. and monitor the movement of these products. upon approval. minerals. and in the formulation/implementation of natural resources programs and projects. Evolve respective regional budget in conformity with the priorities established by the regional development councils. g. projects. utilization and replacement of natural resources. f. b. plans. social equity in natural resource utilization and environmental protection. 21. grade and inspect minerals. c. d.

and side-looking airborne radar. and similar photogrammetry and cartography materials. National Cartography Authority (NCA). and other information needed by other government agencies and the private sector. and Land Classification Teams based at the then Bureau of Forest Development. and shall expand its capability in the production and maintenance of maps.O. Attached Agencies and Corporations — The following agencies and corporations are attached to the 26 Department: a. 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.ENVIRONMENTAL ADMINISTRATION The natural resources provincial and community offices shall absorb. provide remote-sensing services and vital data on the environment. SEC. 129 (1993). No. respectively. The Authority shall be responsible for conducting research on remote-sensing technologies such as satellite imagery analysis. 77 . 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). Heavily-shaded patch represents part of the 15% of their water area reserved as a fish sanctuary/strict protection zone. charts. which shall provide the Department and the government with map-making services. airborne multi-spectral scanning systems. 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. the functions of the district offices of the bureaus. The provincial and community natural resource office shall be headed by a provincial natural resource officer and community natural resource officer. agriculture. Bureau of Coast and Geodetic Survey (BCGS). Map of the Balabac (Southern Palawan) Protected Eco-Region. water resources. in accordance with Section 24 (e) hereof. which are hereby abolished in accordance with Section 24 (b) hereof. 22. respectively.

rattan tissue culture. 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. use. and management. sharing. Direct involvement in pioneering but potentially viable production. b. industrial forest plantations or logging operations. Natural Resources Development Corporation (NRDC)—The existing Natural Resources Development Corporation. cartography. 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. etc. establish and implement technical standards and quality specifications on map production and its reproduction. 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. and remote-sensing mapping services in order to accelerate the development of a comprehensive data bank and information systems on base maps and charts. It shall be the central depository and distribution facility for natural resources data in the form of maps. compatible media and shall operate information services and networks to facilitate transfer. and dissemination of natural resource information in all regions and provinces of the country. shall be reorganized under the direct supervision of the Secretary. and marketing ventures or projects using new/innovative technologies. however. provided. systems. text. planning. charts. 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. It shall be responsible primarily for promoting natural resource development and conservation through: 1. stored on paper.. and strategies such as but not limited to stumpage sales system.TOUR OF THE HORIZON of remote sensing techniques in a cost-effective and acceptable manner. 78 . or computer. film. formulate and implement nationwide development programs on aerial photography. The Administrator shall sit in the Board as its secretary. and remote-sensing mapping activities. access. cartographic. statistics. and provide photogrammetry.

marketing.ENVIRONMENTAL ADMINISTRATION 2. Bureau of Energy Utilization. of the transferred unit as well as the personnel thereof. appropriations. and c. rights. Inc. unless otherwise provided elsewhere in this executive order: a. smallscale mining. the following transitory provisions shall be complied with. Energy and Natural Resources by Executive Order 131 are hereby detached and/or transferred as follows: a. SEC. The transfer of a government unit shall include the functions. b. as may be necessary. 27 79 . Financing natural resource development projects undertaken by the private sector such as establishing industrial tree plantations. programs. credit line/facilities. and innovative income generating strategies. _______________________ The NEA has since been detached from the DENR and transferred to the Department of Energy by virtue of R. Transitory Provisions—In accomplishing the acts of reorganization herein prescribed. SEC. 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. continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits. 7638 (1992). if any. and plans which cannot be carried out by the private sector. chosen in action. Manila Seedling Bank Foundation. The plans and programs of NEA shall be carried out in conformity with policies defined 27 by appropriate energy authorities. equipment. in a hold-over capacity. Bureau of Energy Development. who shall.A. which is administratively detached from the Department.. 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. c. other assets. 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. it is hereby authorized to generate funds through debt instruments from various sources. which is transferred to the appropriate energy governing body pursuant to the executive order pertaining to it. and liabilities. facilities. funds. Detachment and Transfers—The following offices and corporation attached to the Department of Environment. agro-forestry. No. 23. records. 24. and retooling of the natural resource-based processing industries to improve their efficiency and competitiveness to discharge these functions effectively. and management.

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

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. the officers and employees of the Department shall. equipment. and regulations. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed separated from the service. New Structure and Pattern—Upon approval of this executive order. 25. in a hold-over capacity. they shall be paid the equivalent of one (1) month basic salary for every year of service in the government. chosen in action. Those separated from the service shall receive the retirement benefits to which they may be entitled under existing laws. rules. The liabilities. 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. computed on the basis of the highest salary received. 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. equipment. liabilities. 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. and regulations. 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. funds. as may be necessary. 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. 81 . records.ENVIRONMENTAL ADMINISTRATION laws. rules. shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of the same Section 25. Otherwise. of the units that compose the merged unit shall. facilities. chosen in action. in a hold-over capacity. rights. other assets. and regulations pertinent to the exercise of such functions) and shall acquire the appropriations. the appropriations and funds intended to finance the discharge of such function shall revert to the General Fund while the records. In case of termination of a function which does not result in the abolition of the government unit which performed such function. rules. rights. f. if any. Any such personnel. facilities. rules and regulations. if any. 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. but in no case shall such payment exceed the equivalent of twelve (12) months salary. SEC. The personnel who have performed such function. and personnel. 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. or a fraction thereof.

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. are hereby repealed or modified accordingly. 29. rules and regulations. 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. 27. 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. Implementing Authority of the Secretary—The Secretary shall issue such orders. 28. 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. such notice or consent requirement shall be complied with prior to the implementation of such reorganizational change. this 10th day of June. and that is SEC. fact regarding Spaceship Earth. 1987. SEC. 30. SEC. 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. Philippines. SEC. Tapan) 82 . 33. which are inconsistent with this Executive Order. Repealing Clause—All laws.”— Buckminster Fuller (G. 32. that no instruction book came with it. SEC. 31. ordinances.TOUR OF THE HORIZON SEC. Effectivity —This Executive Order shall take effect immediately. Approved in the City of Manila. rules and regulations. and other issuances as may be necessary to ensure the effective implementation of the provisions of this Executive Order. and other issuances. or parts thereof. Against SEC. 26.

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

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

CIVIL CODE PROVISIONS ON ENVIRONMENT If in a criminal case. 31. When a separate civil action is brought to demand civil liability arising from a criminal offense. When the civil action is based on an obligation not arising from the act or omission complained of as a felony. violates. IAC G. 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. L-66870–72. good customs. Under the facts of the case the share-tenants are entitled to a measure of moral damages. alleged that they were share-tenants of the Perezes. or any private individual. it is nevertheless actionable for damages when it is contrary to morals. the court shall so declare. a preponderance of evidence shall likewise be sufficient to prove the act complained of. such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. it may be inferred from the text of the decision whether or not the acquittal is due to that ground. the judgement of acquittal is based upon reasonable doubt. In the absence of any declaration to that effect. Issue: Whether or not the share-tenants are entitled to moral damages? Held: Yes. Magbanua v. which caused portions of their landholdings to dry up. Art. to their great damage and prejudice.” It appears that the share-tenants were denied irrigation water for their farm lots in order to make them vacate their landholdings. June 29. The Perezes violated the plaintiffs’ rights and caused prejudice to the latter by the unjustified diversion of the water. 32. Any public officer or employee. Actionable Acts Contrary to Good Customs Although an act may not be punishable by law. Later. or public policy shall compensate the latter for the damage.R. 30. defeats. 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. 1985 85 . who directly or indirectly obstructs. 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. They claimed that the Perezes diverted the free flow of water from their farm lots. and 2. together with five other persons. Nos. Freedom of speech. and no criminal proceedings are instituted during the pendency of the civil case. good customs. and public policy. Art. Art. 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. Facts: Magbanua.

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

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

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

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

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

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

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

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

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

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

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

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

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

Social acceptability — The people themselves. It shall have the following features: 1. Protection of watersheds. and 3. forests. including its tribal lands. It shall therefore be incorporated in the regional development plan of Region IV as part of said plan. programs and policies of the SEP. Protection of tribal people and the preservation of their culture. Legal Effects—The SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans. 4. hereinafter referred to as ECAN. Preservation of biological diversity. The ECAN shall ensure the following: 1. Maintenance of maximum sustainable yield. 7. 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. and projects affecting the environment and natural resources of Palawan. 2. This shall be known as the Environmentally Critical Areas Network. 5. 6. and 125 . Provision of areas for environmental and ecological research. settlement areas. SEC. Environmentally Critical Areas Network (ECAN)—The SEP shall establish a graded system of protection and development control over the whole of Palawan. through participatory processes. 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. coral reefs. SEC.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. should be fully committed to support sustainable development activities by fostering equity in access to resources and the benefits derived from them. mangroves. 3. as administered and implemented by an administrative machinery hereinafter created. 6. and shall serve as the main strategy of the SEP. Protection of rare and endangered species and their habitat. mines. 7. agricultural areas. 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. education and training. seagrass beds and the surrounding sea. Ecological viability — The physical and biological cycles that maintain the productivity of natural ecosystems must always be kept intact. 2. small islands. programs.

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

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

LAND Chapter III Management of Resources Outside of the Ecologically Critical Areas SEC. resource assessments and research into processes. SEC. 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. be used to plan out a comprehensive public information drive. business sector representatives. Chapter IV Support Mechanisms SEC. 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. 12. achieved through surveys. development in the lowlands. 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. and community leaders shall be organized. SEC. at the same time. Palawan Council for Sustainable Development—The governance. community leaders. community organizing shall be enhanced to reinforce non-formal approaches. It shall measure changes in environmental status. but shall also extend to policies and socioeconomic questions. 15. sector representatives and the staff of line agencies’ development communication or public information section and. 16. Chapter V Administrative Machinery for the Implementation of the SEP SEC. implementation and policy direction of the Strategic Environmental Plan shall be exer- 128 . resources of the catchment areas. and settlement areas. the SEP’s researches shall not be confined to the physical and biological features of the environment. complementing regular environment/science courses in the school. As such. monitoring. and suggest measures to make the SEP more responsible to the changing needs. Training programs for the nongovernmental organizations (NGOs). timber and mines. 14. 13. identify adverse environmental trends and crisis areas. It shall also provide for tourism planning. This may establish linkages between the NGO’s. 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. Environmental Monitoring and Evaluation System (EMES) —In order to monitor achievement of its goals. Simultaneously. assess the implementation of the SEP. recommend solutions.

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

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

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

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

7586 or the National Integrated Protected Areas System Act of 1992. development and management of cave or caves located in their respective territorial jurisdiction. d. The written request shall contain.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. Prohibited Acts—The following shall be considered prohibited acts: a. and when it is established that the removal of the resources will adversely affect the value of a significant cave: Provided. theft or destruction on such cave. disturbing. agency. ecological. 133 . That caves located within a protested area shall be subject to the provisions of Republic Act No. the National Museum. 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. an explanation of the purpose for which the information is sought. Call on any local government unit. state university or college and other instrumentalities of the government for assistance as the need arises in the discharge of its functions. and g. finally. Knowingly destroying. the following: a. b. 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. 6. among others. bureau. the National Historical Institute. 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. concerned LGUs. cultural. furthermore. Exercise other powers and perform other functions as may be necessary to implement the provisions of this Act. f. shall assess its archaeological. e. Enter into a memorandum of agreement with any local government unit (LGU) for the preservation. in coordination with the DOT. historical and scientific value. Tap the cooperation of people’s and nongovernmental organizations as active partners in the conservation and protection of our caves and cave resources. during which time the DENR. a description of the geographic site for which the information is sought. That the Secretary cannot issue permits for the removal of stalactites and stalagmites. marring. an assurance or undertaking satisfactory to the Secretary that adequate measures are to be taken to protect the d. the scientific community and the academe. SEC. defacing. confidentiality of such information and to ensure the protection of the cave from destruction by vandalism and unauthorized use. 7. SEC. and c. altering.

9. removed. 10.000. 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. procuring. collecting.00) to One unhappy is to go utside. 134 . nature and God. possessing. Gathering. possessed or sold including the conveyances and equipment used in violation of Section 7 hereof. lonely or pesos (P500. soliciting or employing any other person to violate any provision of this Section. whenever practicable. SEC. at the discretion of the that God wishes to see people happy. SEC.000.000. at the discretion of the Court: Provided. Callao Cave) or restoration as determined by the Court. somewhere where they can be million pesos (P1.LAND b. finally.000. consuming. Fees—Any money collected by the DENR as permit fees for collection and removal of cave resources. amidst the simple Court: Provided. alone with the heavens.000. Tapan.00) or quiet.00) to Five hundred thousand pesos (P500. That if the offender is a government employee. further. selling. 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.—Anne Frank the area requires rehabilitation (G. Administrative Confiscation and Conveyance—The Secretary shall order the confiscation. SEC. 8. in favor of the government of the cave resources gathered. That if beauty of nature. Counselling. bartering or exchanging or offering for sale without authority any cave resource. and c. 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. or compensate for the damage: Provided. the offender shall also be required to restore the same. Because only then does one feel that all is as it should be and both.00) or both. collected. he or she shall likewise be removed from office.

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

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

Act No. and d. 7586 (1992). Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals.D. f. Grazing land refers to that portion of the public domain which has been set aside. and forest reservations. h. guidelines and procedure. the permanent forest or forest reserves. 1. the natural and historic objects and the wild animals or plants therein. c. i. 4 National Parks are now more extensively treated in the National Integrated Protected Areas Systems (NIPAS). _______________________ 4 As amended by Sec. 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. 1559. b. 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. Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. d. 2 Definition — a. Now the Secretary of Environment and Natural Resources. birds and fish and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas. in view of the suitability of its topography and vegetation. P. g. No. 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. development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition. The establishment of wood-processing plants shall be encouraged and rationalized. Forest land includes the public forest. 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. The protection. Land classification and survey shall be systematized and hastened.REVISED FORESTRY CODE b. 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. 3 2 137 . for the raising of livestock. 3. e. 11 June 1978. and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations. Rep. c. SEC.

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

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

Forest officer means any official or employee of the Bureau who has been appointed or delegated by law or by competent authority to execute. commercial forests and established plantations of forest trees and trees of economic values. ii. and in the case of national minority to rights of possession existing at the time a license is granted under this Code. Person includes natural as well as juridical person. gg. as well as their implementing regulations. and Merger of All Forestry Agencies into the Bureau of Forest Development—For the purpose of implementing the provisions of this Code. the Reforestation Administration. _______________________ With the reorganization of the DENR by Executive Order No. efficiency and profitability of operation. 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. and old clearings. 4. including applicable appropriations. reproduction and care of forest trees. 192 (1987). hh. Cutting cycle is the number of years between two major harvests in the same working unit and/or region. equipment. Chapter I Organization and Jurisdiction of the Bureau SEC. burial grounds. Annual allowable cut is the volume of materials. nn.LAND ff. Silviculture is the establishment. Creation of. mm. Rationalization is the organization of a business or industry using management principles. Enforcement and implementation of the line functions are now delegated to the Regional Offices of the DENR. the Southern Cebu Reforestation Development Project. other related laws. are hereby 5 merged into a single agency to be known as the Bureau of Forest Development. implement or enforce the provisions of this Code. ll. the Bureau of Forestry. records. property and such personnel as may be necessary. which possession may include places of abode and worship. whether of wood or other forest products. 5 140 . Forest ecosystem refers to the living and non-living components of a forest and their interaction. development. kk. jj. Private right means or refers to titled rights of ownership under existing laws. 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. and the Parks and Wildlife Office. systems and procedures to attain stability. hereinafter referred to as the Bureau. that is authorized to be cut yearly from a forest. but exclude productive forest inclusive of logged-over areas.

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

Cooperative Planting. Forest Protection. Accounting. in which case the position may be filled by any other qualified applicant. Technical Training Non-Technical Training Administrative Division Legal Division Reforestation and Afforestation Division Timber Management Division Utilization Division Forest Protection and Infrastructure Management Parks. Data. Range Management. Plantation Management. Forest Economics. General Services. Silviculture. Forest Occupancy Watershed Management Infrastructure Parks Management. to wit: Divisions Planning and Evaluation Division Sections Program Planning. Utilization. Planting Stock Production. the following divisions and sections are hereby created. Land Classification.LAND by the Director and approved by the Department Head. Wildlife Management. Forest Surveys. Budget. Performance Evaluation. For the efficient and effective implementation of the program of the Bureau. Timber Management Plans. and Mapping. Management Analysi Data and Information. Land Uses. Personnel. Timber Operations. Recreation Management. 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. Timber Inventory and Photo-Interpretation. Information. Range and Wildlife Division Security and Intelligence Division Forest Development Training Center 142 .

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

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

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

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

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

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

firewood. the established “The supernatural is the natural not yet understood.” — Elbert Hubbard (N. license. harvest. further. seed trees and reproduction found therein. No person shall cut. 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. Oshima) 149 . That no additional or adjustment in annual allowable cut shall be made until after such a review has been made. In the public interest and in accordance with Section 21 hereof. softwood and hardwood timber cutting of which is not prohibited. and the established cutting cycle and rotation thereof. pulpwood. 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. 27.—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. That pending the completion of such review and appropriate amendment of the annual allowable cut in existing license agreement. and gather any particular timber.REVISED FORESTRY CODE termined on the basis of the size of the area. SEC. pulpwood. the volume and kind of harvestable timber or. lease or permit. 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. 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.

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

for the approval of the Department Head: Provided. to lift the ban on the export of lumber.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. install additional capacity or operate a processing plant. 1976 be processed locally: Provided. the export of lumber is prohibited by DENR A. shall be granted or renewed unless said scheme or schemes are submitted to. No. tree farms or agro-forest farms and licensees. license. Henceforth within one year from the date of this law. lease or permit. 17 The export of new logs has been prohibited since 6 May 1988. All processing plants existing. 17 16 Log Production and Processing —Unless otherwise directed by the SEC. DAO-98-11 (attempted). lessees or permittees without processing plants shall jointly adopt any feasible scheme or schemes. The Department Head may cancel. A long-term assurance of raw material source from forest concessions and/or from industrial tree plantations. license. 16 151 . other than log supply contract. uneconomical. the grant of the privilege to establish. Weed Trees. 32. and Residues—Timber licensees shall be encouraged and assisted to gather and save the wood wastes and weed trees in their concessions. President. by virtue of DAO 33-88 (1988).O. 19-89. 29 December 1975 and further amended by Sec. including processing plant permit. wasteful. 1559. 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 whose annual allowable cut and/or whose harvest is deemed sufficient to meet the requirement of such processing plant shall govern. P. Likewise. or phase out all inefficient. Wood Wastes. SEC. as a condition to the exercise of the privileges granted them under a license agreement. 11 June 1978. and those with processing plants. and shall submit themselves to other regulations related to their operation. to be integrated. It was met with such public outcry that the President of the Philippines had to suspend its effectivity indefinitely. and/or approval from the Bureau or the Department. for utilization and conversion into wood by-products and derivatives. as the case may be. among others.D. wood or forest products processors without forest concessions or areas that may be developed into industrial tree plantations. to be expanded. lease. suspend. That no license agreement. or perennially short in raw material wood or forest products processing plants which are not responsible to the rationalization program of the government. 31. 865. upon recommendation of the Department Head. attempt. 17 March 1989. and approved by the Department Head.D. the entire production of logs by all timber licensees shall. 2. beginning January 1. No. In 1998. licenses. or permit. the wood residues thereof. or to be established shall obtain operating permits.

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

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

further. 1559. and thereafter. the tree farm. 3. shall be exempted from the payment of rental for the full term of the lease which shall not exceed twenty-five (25) years. 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. as the case may be.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. as prescribed in the development plan submitted to and approved by the Ministry Head. That lessees of areas long denuded. 68-77 of this revised Forestry Code. P. the annual rental shall be One Peso (P1. bartered or exchanged by Touch not a single bough! the lessee. b. No rental shall be collected during the first five (5) years from the date of the lease. and municipal taxes. The priority herein granted must. or agro-forestry farm shall only be twenty-five percent (25%) of the regular forest charges prescribed in 23 the National Internal Revenue Code. 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. or agro-forestry farm. the annual rental shall be One Peso (P1. municipalities or cities and provinces.50) per hectare. and/or agro-forest farm. 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. e. _______________________ 22 23 22 As amended by Sec. No.—To encourage qualified persons to engage in industrial SEC. however. 853. That notwithstanding the foregoing. tree plantation.50) per hectare. tree farm. for the first five (5) years following the renewal of the lease. the annual rental shall be Fifty Centavos (P0. substantially meets the schedule of development of the industrial tree plantation. and from the real property tax George Pope Morris under the provisions of Presidential Decree No. or agro-forestry farm. See Secs.00) per hectare: Provided. whether in their original state or not. local And I’ll protect it now. well as exemption from all forms of sales tax. Priority shall also be given to the establishment of communal industrial tree plantations by barangays. c. or arising out of. no rental shall be collected from a lessee who. Incentives. tree farm. as certified by the director and approved by the department head. 11 June 1978. Payment of a nominal filing fee of fifty centavos (P0. 154 . 36. and thereafter.00) per hectare: Provided. tree farm. as In youth it sheltered me. The forest charges payable by a lessee on the timber and other forest products grown and cut or gathered in an industrial tree plantation. from the sixth year to the tenth year. d. A lessee shall not be subject to any obligation prescribed in. the annual rental shall be Fifty Centavos (P0. upon verification by the Bureau. upon recommendation of the director.D.50) per hectare. the following incentives are granted: a.

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

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

SEC. 40. SEC. conformably with multiple use and sustained yield management.—The utilization of timber in alienable and disposable lands. 157 . shall be allowed unless a one hundred percent (100%) timber inventory has been conducted thereon. including those under the jurisdiction of other government agencies.—All reports on timber inventories of forest lands. and all other lands.—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. and control over the same. license. except the government. civil reservations. and all lands containing standing or felled timber. shall be regulated in order to prevent them from being used as shelters for excessive and unauthorized harvests in forest lands. The extent of participation shall be based on the amount of timber which may be harvested therefrom. but with the corresponding obligation to adopt all the protection and conservation measures to ensure the continuity of the productive condition of said areas. private lands. alienable and disposable lands. 39. 41. possession. but he shall. including those under the jurisdiction of other government agencies. 42. No harvest of standing or felled timber in alienable and disposable lands. SEC. lease. hardwood or mangrove species therein. Sworn Timber Inventory Reports. to the exclusive of all others. and shall not therefore be allowed except through a license agreement. 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. private lands. or permit. Regulation of Timber Utilization in All Other Classes of Lands and of Wood-Processing Plants. adopt protection and conservation measures consistent with those adopted by the license agreement holder in the said areas. and all lands containing standing or felled timber must be subscribed and sworn to by all the forest officers who conducted the same. private lands. civil reservation. SEC. and the additional right of occupation. If the holder of a license agreement over a forest area expressly or impliedly waives the privilege to utilize any softwood. civil reservations. and the establishment and operation of sawmills and other 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. likewise. Timber Inventory in Other Lands Containing Standing or Felled Timber. 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.

shall be maintained and shall not be alienated. All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation. and its subsidiary or affiliated companies. 45. secured. to determine compliance with the terms and conditions thereof. SEC. No location.—Strips of mangrove forest bordering numerous islands which protect the shoreline. Authority of Forest Officers. SEC.—When in the performance of their official duties. utilization or exploitation of mineral resources in forest reservations shall be governed by mining laws. exploration. 47. animal life and other surface resources. books and other documents relating to the operation of any holder of a license agreement. policies. Scaling Stations. Forest officers are authorized to administer oath and take acknowledgment in official matters connected with the functions of their office. 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.—Mining operations in forest lands shall be regulated and conducted with due regard to protection. Visitorial Power. lease. lease. Mine tailings and other pollutants affecting the health and safety of the people. 43. and even coastal communities from the destructive force of the sea during high winds and typhoons. exploration. this Code and pertinent laws.—In collaboration with appropriate government agencies.LAND SEC. Swamplands and Mangrove Forests. Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond purposes which are not utilized. license. water. development and utilization of other surface resources. 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. utilization. SEC. 46. fish. and to take testimony in official investigations conducted under the authority of this Code and the implementing rules and regulations. by himself or through the Director or any qualified person duly designated by the Department Head. 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. or permit. rules and regulations. 44. Mining Operations. 158 . vegetation. rules and regulations. prospecting. the shoreline roads.—The Department Head may. 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. Location. inspect and examine records. investigate. prospecting. license. SEC. shall be filtered in silt traps or other filtration devices and only clean exhausts and liquids shall be released therefrom. 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.

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

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

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

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

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

30 164 . That all fees and charges presently being collected under existing laws and regulations shall continue to be imposed and collected until otherwise provided: Provided. and for other services: Provided. the present scaling method provided for in the National Internal Revenue Code shall be used.—The collection of the charges and fees above-mentioned shall be the responsibility of the Director or his authorized representative. 66. Prescribing the Revised Schedule of Forestry Administrative Fees (DAO No. 65. licenses. SEC. 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. upon recommendation of the Director and in consultation with representatives of the industries affected. leases and permits.—In addition to the fees and charges imposed under existing laws. 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. Provided. the Department Head is hereby authorized.—Tree measurement shall be the basis for assessing government charges and other fees on timber cut and removed from forest lands. _______________________ Reforestation Bond. the issuance and renewal of license agreements. That until such time as the mechanics of tree measurement shall have been developed and promulgated in rules and regulations. Basis of Assessment. Provided. SEC. rules and regulations. 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. further. The Director may. In the case of the special deposit revolving fund. and development. alienable or disposable lands. reforestation. with the approval of the Department Head. and civil reservations. SEC. as a special deposit of the Bureau. Collection and Disbursement. management. 67.LAND lands. That such charges shall not be lower than those now imposed. to impose other fees for forest protection. 18. 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. Series of 1993). the proceeds of which shall accrue into a special deposit of the Bureau as its revolving fund for the aforementioned 30 purposes. 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. That timber taken and removed from private lands for commercial purposes shall be exempt from the payment of forest charges. the filing and processing of applications therefore. Authority of Department Head to Impose Other Fees.

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

shall be added for loss in squaring: Provided. est land which are not covered by the preceding section shall be exempt from almaciga resin. whose decision shall be final. Branches.—Except for all mangrove species whose cutting shall be banned. If sawn or otherwise manufactured timber is found which has not been manifested in accordance with the provisions hereof. branches and other recoverable wood wastes of timber. R. Only third or fourth-group wood can be taken for firewood. however. Charges on Timber Cut in Forest Land. however. 5.LAND respect.A. forest charges on each cubic meter shall be ten percent (10%) of the actual FOB market price. 35 34 166 . as amended (formerly Sec. 72. whether belonging to the first. 10 October 1991. third. Charges on Firewood. such as timber ends. 10 October 1991. first and second-group woods may be removed for firewood purposes from land which is more valuable for agricultural than for forest purposes. That in the case of pulpwood and matchwood cut in forest land. or other natural defects. and Other Recoverable Wood Wastes SEC. That if squared timber cut under license is measured and manifested by forest officers. further amended by Sec. 7161. and Agriculture. but from any decision of the Director of Forest Development in this respect. 70. 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. No. an appeal shall lie to his Department Head. there shall be collected forest charges on each cubic meter of firewood cut in forest land. 235 of the NIRC).D. The manifest of timber cut by licensees operating sawmills in or near the forest shall be attested by forest officers whenever practicable. cavities. 705. 4.00). the corresponding forest charges shall be assessed on twice the volume of the actual contents of such sawn or manufactured timber. 36 Sec.A. however. The volume of squared timber shall be ascertained by multiplying the average of the cross section measured by the length. 3.A. 10 October 1991. of Timber. charges on each cubic meter of timber cut in forest land. ten pesos (P10. when used as raw materials for the manufacture of finished products. the Director of Forest Development shall make due allowance for rot. As amended by Sec. second. Charges on Minor Forest Products. 73 of P. to which forty percent. R. 71. and stumps. if jointly authorized by the Secretaries of both the Departments of Environment and Natural Resources. or fourth group. twenty-five percent (25%) of the actual FOB market price based on species and grading: Provided. tops.—All other forest products of forSEC. No. However. 7161. The privilege of manifesting timber after squaring shall. R. an appeal shall lie to his Ministry Head. No. and bamboo which shall be charged at ten percent (10%) of the actual FOB market price. 7161.—There shall be collected SEC. _______________________ 36 35 34 As amended by Sec. whose decision shall be final. No.

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

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

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

renumbered under Sec.—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. Illegal Occupation of National Parks System and Recreation Areas SEC. domestic animals. it is a reality to be experienced. graze or cause to graze livestock in forest lands. 3. As amended by Sec. the proceeds of which shall accrue to the Development Fund of the Bureau. 7161. 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.J. R. P. grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act. 7161.A. the officers and directors thereof shall be liable. No. equipment and improvements shall be sold at public auction. Provided.—Any person who.A. without authority under a lease or permit. said vehicles. destroy. and Vandalism Therein. In case the offender is a government official or employee. R. No. If not suitable for use by the Bureau. he shall. stock. 47 46 170 . 79. partnership or association. in any manner cut. 10 October 1991. domestic animals and equipment of any kind used in the commission of the offense.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. 11 June 1978. shall be imposed upon any person. occupy for any length of time any portion of the national parks system or shall. shall. who shall.D. 7.” — J. in addition to the above penalties be deemed automatically dismissed from office and permanently disqualified form holding any elective or appointive position. 46 Pasturing LiveSEC. 10 October 1991. 1559. 7. That in case the offender is a corporation. _______________________ 47 “The real mystery of life is not a problem to be solved. without permit. in addition to the confiscation of such livestock and all improvements introduced in the area in favor of the government. Van der Leeuw (T. 80. Cayton) Renumbered under Sec. No.

classifies. 7161. shall be imposed upon any person who shall. 7. in addition to the confiscation of the implements used in the violation of this Section including the cancellation of the license. fish or wild animal life within the area in the national parks system shall be subject to the same penalty.000.00) or more than Twenty Thousand Pesos (P20. further.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.A. the president or manager shall be directly responsible and liable for the act of his employees or laborers.— SEC. _______________________ 48 49 48 49 50 Renumbered under Sec. 10 October 1991. and any construction or improvement made thereon by the offender. sions of Section 55 of this Code. two (2) nor more than four (4) years. Any public officer or employee who knowingly surveys. The survey. fifty percent (50%) of the fine collected shall accrue to such municipality or city for the development of local parks. or not. 171 . lease. 7. R. Destruction of Wildlife Resources. Renumbered under Sec. or shall mutilate. 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. R. or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established in this Code. That any person who. classification. 7161. suffer an imprisonment of not less than one (1) year and a fine of not less than One Thousand Pesos (P1. or release of forest lands shall be null and void. or the rules and regulations promulgated hereunder. without permit to survey from the Director.00). Provided. or permit. and conduct or undertake a survey for whatever purpose. No. No. if any. Misclassification and Survey by Government Official or Employee. R.A. deface.00) exclusive of the value of the thing damaged. enter any forest lands.—Any person violating the proviSEC.—Imprisonment for not less than SEC. license. after an appropriate administrative proceeding. capture or kill any kind of bird. be dismissed from the service with prejudice to re-employment. 82. No. and upon conviction by a court of competent jurisdiction.REVISED FORESTRY CODE damage or remove timber or any species of vegetation or forest cover and other natural resources found therein. Survey by Unauthorized Person. 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. shall be fined not less than One Hundred Pesos (P100. 10 October 1991.000. or the regulations promulgated thereunder. That if the area requires rehabilitation or restoration as determined by the Director. shall. 81. or destroy objects of natural beauty or of scenic value within areas in the national parks system. without proper permit shall hunt. 7161. 7. the offender shall also be required to restore or compensate for the restoration of the damage: Provided. If the offender is an association or corporation. 10 October 1991. finally. 50 Renumbered under Sec. Provided. whether covered by a license agreement.A. shall be fined not less than Five Hundred Pesos (P500. 83.

any person who coerces. upon conviction. causes or effects the transfer or diversion of the funds for purposes other than those specified in this Code. partnership or association.LAND Tax Declaration on Real Property. Collection.000. 7. R. 7161. No.A. 1955. 7161. Coercion and Influence. 7161.A. No. less than two (2) nor more than four (4) years and perpetual disqualification from holding an elective or appointive office. 7. unless the property is titled or has been occupied and possessed by members of the national cultural minorities prior to July 4. the National Internal Revenue Code. SEC. he shall. 85. or the rules and regulations promulgated thereunder. 3.—Imprisonment for a period of not SEC. 7. be dismissed from the service with prejudice to reinstatement and with disqualification from holding any elective or appointive office. P.A.00) and imprisonment of not less than one (1) year. If the offender is a government official or employee. in addition. shall be liable to the payment of a surcharge of twenty-five percent (25%) of the amount due and payable. As amended by Sec. 53 Renumbered under Sec. 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. 10 October 1991. lumber. classified.00) for every hectare or a fraction thereof so improperly surveyed. 10 October 1991. abets. 86. If the offender is a corporation. 172 . the officers and directors thereof shall be liable. 10 October 1991. Payment. and Remittance of Forest Charges. No. 7. In all other cases. 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. R.A. or who delays. who fails to pay the amount due and payable under the provisions of this Code. or released. obstructs or prevents the same. abets.—Any person who coerces. for each such offense shall. influences. 10 October 1991. plywood. or other manufactured wood products in the international or domestic _______________________ 51 52 51 52 53 54 Renumbered under Sec. 1559.00) and/or imprisonment for a period of not exceeding six (6) years in the discretion of the Court.—No person shall sell or offer for sale any log. renumbered under Sec. 54 Renumbered under Sec. 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. be punished by a fine of not exceeding one hundred thousand pesos (P100. Sale of Wood Products. 87. influences. 7161. No.D. or who orders. 84. SEC. No.—Any person SEC. R. 11 June 1978. 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 (P500.000. R.

P. the tools and equipment used in committing the offense. 88.—A forest officer or employee of SEC.D. in favor of the government. or any qualified person to protect the forest and exercise the power or authority provided for in the preceding paragraph.REVISED FORESTRY CODE market unless he complies with grading rules established or to be established by the government. 1775. not committed in the presence of any forest officer or employee. 173 . in addition thereto. gathered or taken by the offender in the process of committing the offense. No. He shall also seize and confiscate. or any personnel of the Philippine Constabulary/Integrated National Police or any of the deputized officers or officials. whichever is greater. or any act of falsification of the volume of logs. renumbered under Sec. Reports and complaints regarding the commission of any of the offenses defined in this Chapter. and filing of the complaint with. materials and equipment shall be immediately disposed of in accordance with forestry administrative orders promulgated by the Department Head. Failure to adhere to the established grading rules and standards. Arrest. 14 January 1981. 1. the offender and the confiscated forest products. the delivery to. barangay or barrio official. the latter shall be done within a reasonable time sufficient to the place of delivery. Institution of Criminal Actions. 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. 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. A duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading rules. The Department Head may deputize any agency. or other license or permit authorizing the manufacture or sale of such products for a period of not less than two (2) years. far from the authorities designated by law to conduct preliminary investigations. sawmill. standard and size of material sold to each purchaser in exactly the same as described in the invoice. If the arrest and seizure are made in the forest. The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of arrest and seizure. 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. 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. or other forest products shall be a sufficient cause for the suspension of the export.00) or the total value of the invoice. and the forest products cut. lumber. the dealer shall be punished for each such offense by a fine of not less than Two Hundred Pesos (P200. The seized products. tools and equipment and file the proper complaint with the appropriate official designated by law to conduct preliminary investigation and file information in Court.

No. 1559. 1559.LAND where the offense was allegedly committed.000 hectares of rain forests. Republic Act No. 4715. 7161. No. cases of violations of this Code and other forest laws. or 1. 11 June 1978. we will lose about 30. or 21 hectares per minute. 4.A.250 hectares * per hour. 7. 59 Renumbered under Sec. 7. 90. 92. No. 10 October 1991.—This Code shall take effect immediately upon promulgation. 452. 7161. the director is hereby authorized to impose administratively the penalty consisting of the fine. Administrative Authority of the Director to Impose Fines—In all SEC.D. 91. _______________________ New section introduced by Sec. SEC. 56 174 .—Should any provision herein be subsequently SEC. rules and regulations where fine is the principal penalty. rules and regulations or any part thereof which are inconsistent herewith are hereby repealed or amended accordingly.A. 59 58 57 56 If today is a typical day on planet Earth. 10 October 1991. 1975. declared unconstitutional.A. No. 57 New section introduced by Sec. If there is a prima facie evidence to support the complaint or report. The Armed Forces of the Philippines shall organize a special force SEC. No. Effectivity. 89-A. and all laws. 4. R. 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. R. 7. the same shall not affect the validity or the legality of the other provisions. 10 October 1991. Done in the City of Manila. 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. 7161. 58 Renumbered under Sec. P. 10 October 1991. orders. CommonSEC. R. R. 89-B. Special Clauses Separability Clause. P.—Presidential Decree Nos. 11 June 1978. renumbered by Sec. who shall thereupon receive the evidence supporting the report or complaint. 330 and 389.A. this 19th day of May.D. 7. Repealing Clause. 7161. No. wealth Act No. renumbered by Sec.

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 ruled that “a timber license was not a contract within the due process clause of the Constitution. Oct. 1990 _______________________ The MNR was later renamed the Department of Environment and Natural Resources (DENR) 60 175 . The Ministry. the petitioner’s failure to file his petition within a reasonable period precludes his availment of the benefits of certiorari.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.R. Laches had set in. First. Finally.] Felipe Ysmael Jr. 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. the OP denied the petition for lack of merit and for being prematurely filed. They may be validly amended. Tan v. Hence. However. as amended. 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. Petitioner also seeks the cancellation of these TLAs alleging discrimination. but only a privilege which could be withdrawn whenever public interest or welfare so demands …” When the logging ban was lifted in 1986. 79538. 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. 1983. October 18.” [See Sections 3(e) and 20 of Presidential Decree No. Deputy Executive Secretary G. Dir. Thus. Second. No. or rescinded when required by national interest. v. 125 SCRA 302. the area covered by the Ysmael’s TLA was reawarded to two other logging companies. they are not deemed contracts within the purview of the due process of law clause. modified. replaced or rescinded by the Chief Executive when national interests so require. of Forestry. Inc. “(t)imber licenses. & Co. Barely a year later. Nueva Vizcaya. this petition. 705. 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. through then Minister Ernesto Maceda. 27. Furthermore. amended. Issue: Is there grave abuse of discretion on the part of the MNR in denying the reinstatement of Ysmael’s logging concession? Held: No. Ysmael appealed the order of the Ministry to the Office of the President (OP). 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.

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 3.000 thousand hectares Thoreau are. this was a carryover of the policy when virgin forests were still abundant in the country. The official policy of the government then was that logging was being done in virgin forests. 176 . Background: Statistics showed that in the mid-twentieth century. Naming his own children as the main plaintiffs together with the children of his relatives and friends from all over the Philippines.” — Henry David where the 800.89 million hectares. During this time. we must leave them more than the miracles of technology. “If future generations are to remember us with gratiWhile it was difficult to theorize a tude rather than contempt. Statistics also showed that deforestation was occurring at the rate of some 120.000 hectares per year. 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. 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. Undoubtedly. In 1988. legal proceedings were initiated. Cayton) itself did not quite know). glimpse of the world as it was in the beginning. This is based on the principle of intergenerational responsibility. something which the government (T. it was necessary to bring these matters to the attention of the government officials and to the public at large. representing themselves and generations yet unborn.000 hectares were left of these forests. data from satellite photographs taken of the country indicated that only about 800. We must leave them a cause of action based on the above data. not (for one. or almost five times more than what was available.LAND The Right of the Future Generations Petitioners Filipino children. In 1989. the Philippines had about sixteen million (16M) hectares of virgin tropical rainforests. the plaintiff will have to prove just after we got through with it. the timber industry and the logging companies were at the height of their political and financial power.

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

.LAND and non-profit corporation organized for the purpose of.” 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.” “The complaint starts off with the general averments that the Philippine archipelago of 7.100 islands has a land area of thirty million (30. and chemical pool which is irreplaceable. (d) the endangering and extinction of the country’s unique. they are also the habitat of indigenous Philippine cultures which have existed. Factoran. ordering defendant. biological. including the disappearance of the Filipino’s indigenous cultures. then Secretary of the Department of Environment and Natural Resources (DENR). commercial and other uses. was subsequently ordered upon proper motion by the petitioners. brooks. these rainforests contain a genetic. scientific evidence reveals that in order to maintain a balanced and healthful ecology. it is prayed for that judgment be rendered: “. and entitled to the full benefit. . his agents. and verdant rainforests in which varied. The complaint was instituted as a taxpayers’ class suit and alleges that the plaintiffs “are all citizens of the Republic of the Philippines. such other reliefs just and equitable under the premises. the Honorable Angel C. residential. inter alia.000. industrial. with the volume of soil eroded estimated at one billion (1.000) hectares and is endowed with rich. incontrovertible examples of which may be found in the island of Cebu and the Municipality of Bacoor. processing. accepting. (2) Cease and desist from receiving. renewing or approving new timber license agreements and granting the plaintiffs “. and streams. 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. endured and flourished since time immemorial. .” Consequently. (e) the disturbance and dislocation of cultural communities. rare and varied flora and fauna. (c) massive erosion and the consequential loss of soil fertility and agricultural productivity. The original defendant was the Honorable Fulgencio S.. use and enjoyment of the natural resource treasure that is the country’s virgin tropical rainforests. rare. . Jr. and unique species of flora and fauna may be found.000.000) cubic meters per annum— approximately the size of the entire island of Catanduanes. Cavite. (f) the siltation of rivers and seabeds and consequential destruction 178 . the distortion and disturbance of this balance as a consequence of deforestation have resulted in a host of environmental tragedies. (b) salinization of the water table as a result of the intrusion therein of salt water. Alcala. His substitution in this petition by the new Secretary. representatives and other persons acting in his behalf to— (1) Cancel all existing timber license agreements in the country. otherwise known as the aquifer. engaging in concerted action geared for the protection of our environment and natural resources. such as (a) water shortages resulting from the drying up of the water table.000.” The minors further asseverate that they “represent their generation as well as generations yet unborn. as well as of rivers. lush. taxpayers.

they expressed their intention to present expert witnesses as well as documentary. Public records reveal that defendant’s predecessors have granted timber license agreements (TLAs) to various corporations to cut the aggregate area of 3. Sundays and holidays included— the Philippines will be bereft of forest resources after the end of this ensuing decade. disastrous consequences. otherwise known as the greenhouse effect. 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. 12. 7. As their cause of action.89 million hectares for commercial logging purposes. (j) the siltation and shortening of the lifespan of multibillion peso dams constructed and operated for the purpose of supplying water for domestic uses. that is about 200.000 hectares of virgin old-growth rainforests are left. More recent surveys reveal that a mere 850. Twenty-five (25) years ago. (i) the flooding of lowlands and agricultural plains arising from the absence of the absorbent mechanism of forests.8% of the entire land mass of the Philippine archipelago and about 3.0 million hectares of immature and uneconomical secondary growth forests.0%) of the country’s land area. Plaintiffs replead by reference the foregoing allegations. (h) increasing velocity of typhoon winds which result from the absence of windbreakers.” “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.000 hectares per annum or 25 hectares per hour—nighttime. 10. 11. 8.2 million hectares of said rainforests or four percent (4. barely 2. the Philippines had some sixteen (16) million hectares of rainforests constituting roughly fifty-three percent (53%) of the country’s land mass. The adverse effects. At the present rate of deforestation. Satellite images taken in 1987 reveal that there remained no more than 1. serious injury.REVISED FORESTRY CODE of corals and other aquatic life leading to a critical reduction in marine resource productivity. 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. 9. Saturdays. (g) recurrent spells of drought as is presently experienced by the entire country. . photographic and film evidence in the course of the trial. This notwithstanding. 13. they specifically alleged that: “CAUSE OF ACTION . irrigation and the generation of electric power. if not earlier.

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. defendant’s continued refusal to cancel the aforementioned TLAs is contradictory to the Constitutional policy of the State to— a. Furthermore. states that it is the policy of the State — a. use. economic and other requirements of present and future generations of Filipinos and. 6 June 1977).D. A copy of the plaintiffs’ letter dated March 1. id. however. The continued failure and refusal by defendant to cancel the TLAs is an act violative of the rights of plaintiffs.LAND to generations yet unborn are evident and incontrovertible. 16. On March 2.’ (Section 2. to create. income and wealth’ and ‘make full and efficient use of natural resources (sic). experienced and suffered by the generation of plaintiff adults. plaintiffs served upon defendant a final demand to cancel all logging permits in the country 17.’ (Section 14. to fulfill the social. ‘protect the nation’s marine wealth.’ (Section 1. ‘conserve and promote the nation’s cultural heritage and resources (sic). barren and devoid of the wonderful flora. 19. Plaintiffs have exhausted all administrative remedies with the defendant’s office. As a matter of fact. ibid). fails and refuses to cancel the existing TLAs. b. 1990. effect ‘a more equitable distribution of opportunities. develop. to the continuing serious damage and extreme prejudice of plaintiffs. maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other. Defendant’s refusal to cancel the aforementioned TLAs is manifestly contrary to the public policy enunciated in the Philippine Environmental Policy which. the environmental damages enumerated in paragraph 6 hereof are already being felt. especially plaintiff minors who may be left with a country that is desertified (sic). 180 . fauna and indigenous cultures which the Philippines has been abundantly blessed with. b. to ensure the attainment of an environmental quality that is conducive to a life of dignity and well-being’ (P. Article XII of the Constitution).). in pertinent part. 15. c. c. and enjoy this rare and unique natural resource treasure. 18. Article XIV. 20. bare. 1990 is hereto attached as Annex B. No. 14. 1151. benefit from. 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. Defendant. 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.

to bring all of them before the court. Article II.’ (Section 16. 22. In their 12 July 1990 Opposition to the Motion. filed a Motion to Dismiss the complaint based on two (2) grounds. Jr. On 18 July 1991. (2) the motion is dilatory and (3) the action presents a justiciable question as it involves the defendant’s abuse of discretion.” On 22 June 1990. all the requisites for the filing of a valid class suit under Section 12. Hence. We find no difficulty in ruling that they can.. defendant’s act is contrary to the highest law of humankind—the natural law—and violative of plaintiffs’ right to self-preservation and perpetuation.) 21. respondent Judge issued an order granting the aforementioned motion to dismiss. 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. This case. We hereby rule that the said civil case is indeed a class suit. for others of their generation and for the succeeding generations. id. Petitioners minors assert that they represent their generation as well as generations yet unborn. ‘protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. In the said order. it becomes impracticable. 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. Secretary Factoran. the petitioners maintain that (1) the complaint shows a clear and unmistakable cause of action. the original defendant. Finally. Nevertheless. Petitioners instituted Civil Case No. 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. Rule 3 of the Revised Rules of Court are present both in the said civil case and in the instant petition. Consequently. 181 . but to all citizens of the Philippines.REVISED FORESTRY CODE d. if not totally impossible. file a class suit. The subject matter of the complaint is of common and general interest not just to several. The original defendant and the present respondents did not take issue with this matter. since the parties are so numerous. however. has a special and novel element. There is no other plain. the latter being but an incident to the former. 90-777 as a class suit. We likewise declare that the plaintiffs therein are numerous and representative enough to ensure the full protection of all concerned interests. 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. We must first focus on some procedural matters. for themselves. 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.

The locus standi of the petitioners having thus been addressed. RRC). considers the “rhythm and harmony of nature. Put a little differently. as hereinafter expounded. Such rhythm and harmony indispensably include. grant the reliefs prayed for by the plaintiffs. Such a right.e. Rule 2. For to do otherwise would amount to ‘impairment of contracts’ abhorred (sic) by the fundamental law. every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. land. to cancel all existing timber license agreements in the country and to cease and desist from receiving. We shall now proceed to the merits of the petition. i. fisheries.” We do not agree with the trial court’s conclusion that the plaintiffs failed to allege 182 . accepting. at the same time. the minors’ assertion of their right to a sound environment constitutes. For although we believe that plaintiffs have but the noblest of all intentions. Furthermore. a specific legal right they are seeking to enforce and protect. the judicious disposition. 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. the Court cannot help but agree with the defendant. development and utilization be equitably accessible to the present as well as future generations. Furthermore. 1. The Court is likewise of the impression that it cannot. renewal and conservation of the country’s forest. mineral. off-shore areas and other natural resources to the end that their exploration. no matter how we stretch our jurisdiction. 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. The pertinent portions of the said order read as follows: “After a careful and circumspect evaluation of the Complaint.” Nature means the created world in its entirety. the Court notes that the Complaint is replete with vague assumptions and vague conclusions based on unverified data. processing renewing or approving new timber license agreements. 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. Needless to say. the performance of their obligation to ensure the protection of that right for the generations to come. inter alia. waters..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. the Court firmly believes that the matter before it. or a specific legal wrong they are seeking to prevent and redress (Sec. with sufficient definiteness. wildlife. management. utilization. it (sic) fell short of alleging. being impressed with political color and involving a matter of public policy. In fine. plaintiffs fail to state a cause of action in its Complaint against the herein defendant.

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

’ which is a very elastic phrase that can expand or contract according to the disposition of the judiciary. The foregoing considered. the reliefs prayed for. On the basis thereof. 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. As worded. 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. Justice Isagani A. the judicious management and conservation of the country’s forests. involving the settlement of conflicting rights as conferred by law. the discretion of the political departments of the government. sanctions may be provided for impairment of environmental balance. We find the statements under the introductory affirmative allegations. is the meaning of ‘grave abuse of discretion. It must. prima facie. Without such forests.” The said right implies. Madam President. Singson. to be adequate enough to show. Philippine Political Law. they may thus be granted. the grantees thereof for they are indispensable parties. as well as the specific averments under the subheading CAUSE OF ACTION. It bears stressing. however. Justice Cruz. After a careful examination of the petitioners’ complaint. Policy formulation or determination by the executive or legislative branches of government is not squarely put in issue. therefore. the new provision vests in the judiciary. 90-777 cannot be said to raise a political question. Civil Case No. that insofar as the cancellation of the TLAs is concerned. the claimed violation of their rights.LAND MR. nonetheless. Mr.” In Daza v. AZCUNA: Yes. The right to healthful (sic) environment necessarily carries with it the correlative duty of not impairing the same and. there is the need to implead. Mr. to wit. 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. The second paragraph of Section 1. Cruz. says: “The first part of the authority represents the traditional concept of judicial power. wholly or partly. noted: 184 .” Commenting on this provision in his book. among many other things. of course. and particularly the Supreme Court. as party defendants. now speaking for this Court. the ecological or environmental balance would be irreversibly disrupted. 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. 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. The catch. a distinguished member of this Court. What is principally involved is the enforcement of a right vis-a-vis policies already formulated and expressed in legislation.

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

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

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 . 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. those implications are too large and far-reaching in nature even to be hinted at here. 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. or failures to act. and that the trial court should have given petitioners an effective opportunity so to demonstrate.” 187 . . 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. My suggestion is simply that petitioners must. operable legal right. rather than a constitutional or statutory policy. 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. 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. It seems to me important that the legal right which is an essential component of a cause of action be a specific. The implications of this doctrine will have to be explored in future cases. The Philippine Environment Code does not. considering the general policy principles found in the Constitution and the existence of the Philippine Environment Code. 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. To my mind. in other words. by finding petitioners’ cause of action as anchored on a legal right comprised in the constitutional statements above noted. 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. One is that unless the legal right claimed to have been violated or disregarded is given specification in operational terms. before the trial court. defendants may well be unable to defend themselves intelligently and effectively. instead of aborting the proceedings on a motion to dismiss. 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. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. for at least two (2) reasons. Firstly. appear to contemplate action on the part of private persons who are beneficiaries of implementation of that Code. As a matter of logic. Secondly.REVISED FORESTRY CODE Two (2) points are worth making in this connection.

” the result will be. and to implement them before the courts should intervene. it is respectfully submitted. must be impleaded in the proceedings below. however. 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. be subjected to closer examination. our courts have no claim to special technical competence and experience and professional qualifications. v. 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. At the very outset.R. 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. 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. however. Minors Oposa. 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. operable norms and standards are shown to exist. (2) Plaintiffs avoid being entangled in an unnecessary. rightly insists that the timber companies. Factoran. protracted. No. 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. J. 101083. 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. 188 .. and lengthy legal battle to prove violations on the part of the TLA holder in order to justify the cancellation. It might be asked that. Two strategic and tactical considerations. tedious. G. They may also controvert the appropriateness of the remedy or remedies demanded by petitioners. is of extreme importance for the country. under all the circumstances which exist. Jr. The doctrines se out in the Court’s decision issued today should. At least in respect of the vast area of environmental protection and management. Where no specific. et al. My learned brother Davide. impleading all the TLA holders was one of the options explored by the plaintiffs. including the forest cover of our territory. et al. whose concession agreements or TLAs petitioners demand public respondents should cancel.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. July 30.. petitioners implicitly assume).

the policy question involved in the legal case had become moot and academic by executive action. to the credit of then DENR Secretary.9 m.”—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. 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). i. it needs proper documentation as any forest product is required.. Series of 1991 effective on January 1. 24. 1992. the overall goal of the suit was to force a policy shift. Facts: On April 1.000 hectares of virgin forests left in the Philippines.e. While the class suit is necessarily couched in legal language and theory. plaintiffs opted for the line of least resistance—a suit against the grantor of the TLAs on the theory that the Dept. Factoran. although omitted in the definition of forest products under the Forestry Code. 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. we permits. a team of DENR operatives searched the premises of the Mustang Lumber in Valenzuela. 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. of Environment and Natural Resources granted permits to cut trees over area (3. By a happy coincidence. When we see land as a community to which we belong. hectares) more than the area available (800. banned all logging in the remaining 800. The Order. As such.000 hectares). in effect. Jr. to protect and preserve the remaining virgin forests of the country. the DENR operatives confiscated 189 . F. the DENR issued Department Administrative Order No. The concurring opinion of Justice Feliciano and his suggestions were very well taken. is a processed log or timber. Fortunately. In effect therefore. Illegal Possession of Lumber Lumber. this was a very strategic goal of the legal action. 1990.REVISED FORESTRY CODE Instead of suing the holders of the TLA. during the pendency of the case. When the company may begin to use it with love and respect.

lumber is defined. it alleges that the word “lumber” is not included in the term “timber. Rule 126 of) the Rules of Court. 1775. inter alia. Neither should we. as amended by Presidential Decree No. (3) customs searches. Moreover. 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. “We also affirm the rulings of both the trial court and the Court of Appeals that the search on April 4. 1990 was a continuation of the search on April 3. the same may be continued under the same warrant the following day. provided it is still within the ten-day period. 1996 190 .LAND the lumber products without any search warrant.705. 1990. 705. and if its object or purpose cannot be accomplished in one day. Section 68 of Presidential Decree No. CA G. it could be served at any time within the said period. “They (Mustang Lumber) are presumably trifling attempts to block the serious efforts of the DENR to enforce the decree. and (4) consented warrantless search. 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.” Mustang Lumber v. (2) seizure of evidence in plain view.” Simply put. Hence. a search warrant has a lifetime of ten days. an inheritance of parched earth incapable of sustaining life. “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. 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. neither should we). if not the present. Mustang Lumber now questions the validity of the confiscation without any search and seizure order by the court. In Webster’s Third International Dictionary. Ubi lex non distinguit nec nos distinguire debemus (where the law does not distinguish. No. ordinary. makes no distinction between raw or processed timber. June 18. 104988. It is settled that in the absence of legislative intent to the contrary. and common usage meaning.R. lumber is a processed log or timber. as “timber or logs after being prepared for the market. words and phrases used in a statute should be given their plain. Under (Section 9. The other exceptions are (1) search as an incident to a lawful arrest.” Issue: Was there a valid seizure of the lumber? Held: Yes. 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. as amended. And insofar as possession of timber without the required legal documents is concerned. 1990 done under and by virtue of the search warrant issued on April 3.

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. On June 22. equipment or instrument used in the commission of a crime and is therefore subject to seizure and forfeiture. 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. Jovito Layugan. the same was seized. 705). In addition. 1989. It usually also includes actions for damages against the DENR officers. The administrative procedure for the confiscation and forfeiture of the motor vehicle must be allowed to run its course. No. This case.” 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. in legal language. 1989. De Guzman failed to submit the required explanation. however. then the Community Environment and Natural Resource Officer (CENRO) of Aritao issued an order of confiscation of the truck. known as an action for replevin. not to mention the personal expense that the officials sued have to incur to defend themselves. 191 .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. 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. a tool. 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. often in cahoots with the illegal loggers. D. De Guzman brought the case on appeal to the Office of the DENR Secretary. an action to recover property which is alleged to be wrongfully withheld by another is. the truck of private respondent Victoria de Guzman while on its way to Bulacan from Cagayan Province. The truck used to transport the forest contraband is. Facts: On May 19. 1989. the action for damages has a demoralizing and chilling effect on the DENR and/or police officers who apprehended the vehicles. in law. De Guzman then filed a letter of request for reconsideration which was denied. The truck owners. The order also directed the owner to submit within fifteen (15) days an explanation why the truck should not be forfeited. On May 23. have resorted to the filing of cases against the DENR officers in custody of the motor vehicle.

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

or an exercise or claim of dominion over it. CA G. No. or if so seized. double which is the amount of the required replevin bond. the petitioner (Plaintiff) seeking the return of a thing must state under oath that the same has not been seized by law. or attachment. January 10. that a suit for replevin is founded solely on the claim that the defendant wrongfully withholds the property sought to be recovered. alleging the cause of detention. without any pretense of authority or right …”. Where a petitioner states under oath that a thing has not been seized—knowing 193 . or seized under execution. therefore. ‘To detain’ is defined as to mean ‘to hold or keep in custody.’ and it has been held that there is tortuous taking whenever there is an unlawful meddling with the property. 111107. 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.” “Hence. “Under the Rules of Court. De Guzman miserably failed to convince this Court that a wrongful detention of the subject truck obtains in the instant case. It (is the proper petition) to recover possession of personal chattels that are unlawfully detained.REVISED FORESTRY CODE free hand unperturbed by judicial intrusion to determine a controversy which is well within its jurisdiction. that the property is wrongfully detained by the defendant.” Paat v. Evidently. 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. R. 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. of the replevin suit filed by private respondents constitutes an unjustified encroachment into the domain of the administrative agency’s prerogative.” “It is worth stressing at this point. 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. the continued possession or detention of the truck by the DENR for administrative forfeiture proceeding is legally permissible. (there is) no wrongful detention (and thus a petition for replevin cannot prosper). The assumption by the trial court. 1997 Counter-Strike In a replevin action. that it is exempt from such seizure.

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

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

7.000. 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 penalties herein provided shall likewise be imposed on such other person. Reward.—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 . Unlawful Importation or Manufacturing of Chainsaw.—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. Transferring. in addition to the above penalties.00).000.00) nor more than Four thousand pesos (PhP 4. Selling.000.00) nor more than four thousand pesos (PhP 4. purchases.—Any person who sells.000.00) but not more than Fifty thousand pesos (PhP 50. transfers the ownership. Penal Provisions. partnership or corporation.00).000.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. If the offender is a public official or employee. 1. The chainsaw unlawfully used shall be likewise confiscated in favor of the government. or the responsible officer/s in such partnership or corporation. SEC.—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. two (2) months and one (1 ) day to six years or a fine of not less than Fifteen thousand pesos (PhP 15. SEC. and the chainsaw/s confiscated in favor of the government.00) but not more than Thirty thousand pesos (PhP 30. Actual Unlawful Use of Chainsaw. Purchasing. distributes. 3. The chainsaws confiscated under this Section shall be sold at public auction to qualified buyers and the proceeds thereof shall go to the Department. 8.000.—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 1.00) or both at the discretion of the court. Tampering of Engine serial Number. If the violation under this Section is committed by or through the command or order of another person. Re-selling.000. the Department shall be allowed to collect reasonable registration fees for the effective implementation of this Act. Distributing or Possessing a Chainsaw Without a Proper Permit. he shall be removed from office and perpetually qualified from holding any public office. 2. For this purpose.000.LAND of five (5) years upon issuance. 4.

9. the provisions of this Act shall be implemented by the Palawan Council for Sustainable Development pursuant to Republic act No. such parts or provisions not affected thereby shall remain in full force and effect. The Department is authorized to include in its budget the amount necessary to carry out the purpose of this section.—The Secretary may revoke any Certificate of Registration or permit previously issued to a person found violating the provisions of this Act. SEC. 15. including the approval of the rules and regulations issued pursuant hereto. Joint Congressional Oversight Committee. for any reason. He shall likewise organize an office within the Department to ensure that the requirements imposed by this Act may be complied with qualified persons. rules and regulations. any part or provision of this Act shall be declared as unconstitutional or invalid. 10. letters or instruction. 12. or parts thereof which are inconsistent with any of the provisions of this Act are hereby repealed and/or amended accordingly. whichever comes earlier. 14.—To monitor and oversee the implementation of this Act. at the least possible expense. 197 . 11. SEC. 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. Repealing Clause. presidential decrees. SEC. within the shortest possible time. Separability Clause. In the Province of Palawan.—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. SEC. 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. SEC. 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.CHAINSAW ACT the chainsaw unit/s. the Bureau of Customs is prohibited from approving any chainsaw importation without clearance from said Department.—To effectively implement the provisions of this Act.—In the interim while the Department is formulating the implementing rules and regulations to effectively carry out the provisions of this Act. Revocation of Registration and Permit. 7611 or the Strategic Environmental Plan for Palawan. or the rules and regulations issued pursuant thereto. Effectivity. executive orders. Authority of the Secretary. the Secretary shall issue the implementing rules and regulations within ninety (90) days upon approval of this Act.—All laws. SEC.—If. 13. Transitory Provision.

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

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

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. vulnerable or other accepted categories of wildlife whose population is at risk of extinction.LAND l) “Gratuitous permit” means permit issued to any individual or entity engaged in noncommercial scientific or educational undertaking to collect wildlife. including those which are in captivity or are being bred or propagated. 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. 200 . s) “Threatened species” a general term to denote species or subspecies considered as critically endangered. accepted and recognized by them. purchase or sale of wildlife. exportation or importation. u) “Traditional use” means utilization of wildlife by indigenous people in accordance with written or unwritten rules. n) “Import permit” refers to a permit authorizing an individual to bring in wildlife from another country. p) “Introduction” means bringing species into the wild that is outside its natural habitat. q) “Reexport permit” refers to a permit authorizing an individual to bring out of the country a previously imported wildlife. customs and practices traditionally observed. 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. t) “Trade” means the act of engaging in the exchange. r) “Secretary” means either or both the Secretary of the Department of Environment and Natural Resources and the Secretary of the Department of Agriculture. and z) “Wildlife farm/culture permit” means a permit to develop. x) “Wildlife” means wild forms and varieties of flora and fauna. operate and maintain a wildlife breeding farm for conservation. o) “Indigenous wildlife” means species or subspecies of wildlife naturally occurring or has naturally established population in the country. y) “Wildlife collector’s permit” means a permit to take or collect from the wild certain species and quantities of wildlife for commercial purpose. trade and/or scientific purposes. locally or internationally. in all developmental stages.

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

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

—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. shall be subject to an environmental impact study. the population of such species can still remain viable and capable of recovering its numbers. SEC. despite certain extent of collection. Commercial Breeding or Propagation of Wildlife Resources. Oposa SEC. Scientific Researches on Wildlife. introduction.CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES the technological development of the products derived from the biological and genetic resources. shall establish a list of economically-important species. 203 . That only progenies of wildlife raised. SEC. 18. 15. further. as well as activities requiring the importation. 17. That commercial breeding operations for wildlife. SEC.—All activities dealing on genetic engineering and pathogenic organisms in the Philippines. For this purpose. The collection of certain species shall only be allowed when the results of the assessment show that. as well as unproductive parent stock shall be utilized for trade: Provided. 16. within one (1) year after the effectivity of this Act. whenever appropriate. any form of collection shall be prohibited except for scientific. pursuant to the provisions of this Act. A population assessment of such species shall be conducted within a reasonable period and shall be regularly reviewed and updated by the Secretary. educational or breeding/propagation purposes. Biosafety. Whenever an economically important species become threatened. 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.—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. the Secretary shall establish a schedule and volume of allowable harvests. Economically Important Species—The Secretary. That the last paragraph of Section 14 shall likewise apply. Calauit Island: A. That prior clearance from concerned bodies shall be secured before the issuance of the gratuitous permit: Provided. further.

—The Secretary or the duly authorized representative. there shall be designated scientific authorities for terrestrial and aquatic/marine species. whenever appropriate.LAND SEC.P. the scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB) of the DENR. 19. 20. For the marine and aquatic species. twinkle little bat. and in the case of marine and aquatic species. 7611. Visayas. in order to effectively implement this Act. How I wonder what you’re at! Up above the world you fly. which shall include but not limited to the following: 1. the U. the ERDB shall chair the scientific authorities. Marine Science Institute shall chair the scientific authorities. Authority of the Secretary to Issue Permits. U. 204 . For the terrestrial species.P. Marine Science Institute.—For the implementation of the international agreement on international trade in endangered species of wild fauna and flora. the U. the scientific authorities shall be the FBAR. That in the case of terrestrial species. Wildlife collector’s permit 1 to 3 years. Designation of Management and Scientific Authorities for International Trade in Endangered Species of Wild Fauna and Flora. Institute of Biological Sciences and the National Museum and other agencies as may be designated by the Secretary. the U. “Twinkle. 2. 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. 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. SEC.P. Silliman Universtiy and the National Museum and other agencies as may be designated by the Secretary: Provided. Tapan) Wildlife farm or culture permit 3 to 5 years. shall issue permits/certifications/clearances with corresponding period of validity. Like a tea-tray in the sky” — Lewis Carroll (G. To provide advice to the management authorities.P.

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

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

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

000. gathering or destroying of active nests. 208 .LAND c.000.000. (v) logging. introduction. host plants and the like. their by-products and derivatives. reintroduction or restocking of wildlife resources. c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P 30.000. effecting any of the following acts in critical habitat(s): (i) (ii) dumping of waste products detrimental to wildlife. (iii) mineral exploration and/or extraction. transporting of wildlife.00) to One million pesos (P 1.000.00). 28. b) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P 50. maltreating and/or inflicting other injuries not covered by the preceding paragraph. e. h. and e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P 10.00). nest trees.00) to Two hundred thousand pesos (P 200. if inflicted or undertaken against vulnerable species.—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. hunting or possessing wildlife. if inflicted or undertaken against other threatened species. and (vi) quarrying. 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. and i.000.000.00) to Five hundred thousand pesos (P 500. d.000. g. if inflicted or undertaken against species listed as critical.00) to Three hundred thousand pesos (P 300. squatting or otherwise occupying any portion of the critical habitat.00). d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P 20. (iv) burning.00).000. Chapter V Fines and Penalties SEC.000.000. trading of wildlife. if inflicted or undertaken against endangered species. collecting. f.00) to One hundred thousand pesos (P 100.00). if inflicted or undertaken against other wildlife species. Penalties for Violations of this Act.

000.000.00).00) to Two hundred thousand pesos (P 200. if inflicted or undertaken against other threatened species.000.—Audobon (A.000.000. For illegal acts under paragraphs (e).00) to Three hundred thousand pesos (P 300.00). 209 .00) shall be imposed. 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. an imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos (P 5.00) to Five million pesos (P 5. d) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P 10.00) to Five hundred thousand pesos (P 500. 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. Oposa.000. 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 50.000.00) to Two hundred thousand pesos (P 200. if inflicted or undertaken against endangered species.000.00) to Fifty thousand pesos (P 50.000.00).00). and e) imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos (P 5.00).000. if inflicted or undertaken against other wildlife species.000. if inflicted or undertaken against vulnerable species.00) to Twenty thousand pesos (P20. if inflicted or undertaken against species listed as critical. Trees) preceding section.CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES For illegal acts under paragraph (b) of the immediately preceding section. 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 30.000.00).000. c) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P 20.000.

000.000. if inflicted or undertaken against endangered species.000. b) imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty thousand pesos (P 20.00).00) to Twenty thousand pesos (P 20.000.000.000.000. if inflicted or undertaken against vulnerable species.00) to Five thousand pesos (P 5. and e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P 1. d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of Five hundred pesos (P 500. 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. that in case of paragraph (f).00).00) to One hundred thousand pesos (P 100.000.000.00).00) to One hundred thousand pesos (P 100.000.00). if inflicted or undertaken against species listed as other threatened species. where the acts were perpetuated through the means of inappropriate techniques and devices. 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 30.000.00) to Fifty thousand pesos (P 50. if inflicted or undertaken against other wildlife species: Provided. 210 . if inflicted or undertaken against endangered species. if inflicted or undertaken against other wildlife species. b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand pesos (P 20.00).000.000. For illegal acts under paragraph (f) and (g) of the immediately preceding section. if inflicted or undertaken against species listed as critical species.000.000. d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand pesos (P 5.000. and e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos (P 200.000.00) to Two hundred thousand pesos (P 200. c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One thousand pesos (P 1. if inflicted or undertaken against vulnerable species.00). if inflicted or undertaken against endangered species.00).000.000.00).00). if inflicted or undertaken against species listed as critical species.000.00) to Two hundred thousand pesos (P 200. if inflicted or undertaken against species listed as other threatened species. the maximum penalty herein provided shall be imposed.00).00) to Three hundred thousand pesos (P 300. For illegal acts under paragraphs (h) and (i) of the immediately preceding section.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. c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand pesos (P 10.00) to Fifty thousand pesos (P 50.00) to Fifty thousand pesos (P 50.00).00) to One hundred thousand pesos (P 100.

endowments. its derivatives or by-products. All wildlife. if inflicted or undertaken against other wildlife species. Contributions to the Fund shall be exempted from donor taxes and all other taxes.000. 29. The fund shall derive from fines imposed and damages awarded.00). citizens groups. and all paraphernalia. e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P 200.00). he shall be deported after service of sentence and payment of fines. charges. 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. rules and regulations on arrest and detention. if inflicted or undertaken against species listed as other threatened species. and other law enforcement agencies shall designate wildlife enforcement officers. It shall finance rehabilitation or restoration of habitats affected by acts committed in violation of this Act and support scientific research. Chapter VI Miscellaneous Provisions SEC. 30. 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. the Armed Forces of the Philippines (AFP). The Philippine National Police (PNP). As such. the National Bureau of Investigation (NBI).00) to Twenty thousand pesos (P 20.000. administrative fees or grants in the form of contributions. That where the ownership of the aforesaid conveyances belongs to a third person who has no participation in or knowledge of the illegal acts.000. SEC. fees. enforcement and monitoring activities. 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) to One thousand pesos (P1. 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. donations. without any further proceedings. community organizations and other volunteers who have undergone the necessary training for this purpose.—There is hereby established a Wildlife Management Fund to be administered by the Department as a special account in the National Treasury.000. If the offender is an alien.00). Wildlife Management Fund.00) to Five thousand pesos (P 5. as well as enhancement of capabilities of relevant agencies. the same may be released to said owner. tools and conveyances used in connection with violations of this Act. charges or fees imposed by the government.000.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. 211 . if inflicted or undertaken against vulnerable species. Deputation of Wildlife Enforcement Officers.—The Secretary shall deputize wildlife enforcement officers from non-government organizations.

32. Establishment of National Wildlife Research Centers. In this regard. SEC.—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. including captive breeding or propagation. operation and maintenance of botanical gardens. education and conservation. 31. SEC. abandoned and/or donated wildlife to ensure their welfare and well-being. contribution. SEC. The Secretary shall formulate guidelines for the disposition of wildlife from the rescue centers. Philippine teak (Tectona philippinensis). 33. Wildlife Rescue Center. Flagship Species. which shall serve as emblems of conservation for the local government concerned. including pertinent international agreements. 35. prior to further disposition thereof. zoological parks and other similar establishments for recreation.—Local government units shall initiate conservation measures for endemic species in their areas. SEC. respectively. Philippine tarsier (Tarsius syrichta). 212 .LAND SEC. 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. the Secretary shall encourage the participation of experts from academic/research institutions and wildlife industry. tamaraw (Bubalus mindorensis). the Department of Environment and Natural Resources or the Department of Agriculture.—The Secretary shall establish designate wildlife rescue centers to take temporary custody and care of all confiscated. Botanical Gardens.—Any donation. 34.—Within twelve (12) months following the effectivity of this Act. they may adopt flagship species such as the Cebu black shama (Copsychus cebuensis). Creation of Wildlife Traffic Monitoring Units. 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. For this purpose. the secretaries of the Department of Environment and Natural Resources. in coordination with the Committees on Environment and Ecology of the Senate and the House of Representative. SEC. shall promulgate respective rules and regulations for the effective implementation of this Act. Zoological Parks and Other Similar Establishments. secure a clearance from the wildlife traffic monitoring unit assigned in the area. 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. bequest.—The Secretary shall regulate the establishment. rules and regulations. 37. Implementing Rules and Regulations. Exemption from Taxes. 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. SEC. and the Department of Agriculture.

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

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

food requirements. orders. there is hereby authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated. In case of insolvency. the corresponding subsidiary imprisonment shall be suffered. 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. Approved: November 9. fern. Milne Eeyore from Winnie the Pooh (A.00) for the first year after the approval of this Act and subsequent appropriations shall be included in the General Appropriations Act. once you get to know them. 1970. SEC. SEC. mutilate. alive or dead. For the expenses in the establishment and maintenance of the sanctuaries. 2. as may be necessary or requisite to carry out and effectively implement the provisions of this Act. SEC. the sum of One Hundred Thousand Pesos (P100.PROTECTION OF WILD FLOWERS arrangements. lycopod or club moss or other wild plants in the Philippines. ship. 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. 4. All Acts. transport. the court shall impose both the imprisonment and the fine. Protection of Wild Flowers 62 (Republic Act 3983) SECTION 1. SEC. part of Acts.”— A. Oposa. or by both such imprisonment and fine at the discretion of the Court.000.000. In case of any subsequent offense. 215 . offer or expose for sale.00). A. 6. living or dead.00). orchid. collect. 7. 5. or export. or to purchase. 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. kill. rules and regulations inconsistent with the provisions of this Act are hereby repealed. any protected flowering plant. it shall be unlawful for any person in the Philippine Islands to take. Except as provided in this Act. or have in his or her possession. Flowers in Pulo) The Philippines is a party to the Convention of International Trade and Endangered Species (CITES). nor more than One Thousand Pesos (P1. This Act shall take effect upon its approval. the conduct of studies on the natural habitat. SEC.

Such licenses shall specify the number and kind of plants which may be collected. 8. The Secretary of Environment and Natural Resources may issue a special permit for the possession of very rate specimens. SEC. or destroyed any protected wild plant in whole or in part for other than a scientific or educational purpose. permitting the holder to collect specimens of protected wild plants for scientific or educational purposes. or to citizens of countries the laws of which allow similar rights to citizens of the Philippine Islands. killing. killed. he shall be subject to the same penalty as if he had no permit. to which the duty of carrying out the purposes of this Act may be delegated by the Department Head. alive or dead. ferns. upon payment of the fees to be fixed in accordance with this Act.LAND specify from time to time the classes or species of the rare and flowering plants. and lycopods or club mosses and such other plants as may be designated by the Secretary of 216 . The Secretary of Environment and Natural Resources is hereby empowered to issue licenses for the collection. 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. including orchids. possession. which shall be protected under this Act. or mutilation of orchids. SEC. lycopods or club mosses (known in some localities as buntot pusa or palawit). The rules so promulgated shall also specify the bureau or office of the Department of Environment and Natural Resources. alive or dead. of any of the Protected Wild Plants in the Philippines. sale. The taking. shall fix the fees for the collection of individual species or group of species of protected wild plants. transportation. 6. destruction. 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. 4. Upon proof that the holder of such permit has taken. 5. destruction. or export of such protected wild plants as should be collected only by licensed collectors. 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. ferns. 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. 3. collection. possession. 7. sale or exposure for sale or export. and the conditions under which they may be kept or disposed of. SEC. 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. and to issue such other regulations as may be necessary prescribing the conditions governing the collection. 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. SEC. transportation. SEC. SEC.

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

“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. the labor that it absorbs. the agriculture and fisheries sectors in an environmentally and socio-cultural sound manner. but it is not limited to. (M. Agro-Processing and marketing activities to help develop and modernize. “Secondary Canal” refers to the channel connected to the main canal which distributes irrigation to specific areas. Velas) “Strategic Agriculture and Fisheries Development Zones (SAFDZ)“ refers to the areas within the NAPAAD identified for production. threshers. Agriculture provides the impetus and push for industry and services through the market that it creates. warehouses. processing plants. market infrastructure and transportation. weighing scales. fish landings.”—Kakuzo Okakura income. without an approved order of conversion from the DAR. milling equipment. ice plants and cold storage facilities. industry and services begin to generate income and markets and concomitantly increase their share of total “Nothing is real to us but hunger.LAND “Post -Harvest Facilities” includes. “Premature Conversion of Agricultural Land” refers to the undertaking of any development activity. dryers. moisture meters. “Secondary Processing” refers to the physical transformation of semi-processed agricultural or fishery products. fish ports. with agriculture still an important sector. the results of which modify or alter the physical characteristics of the agricultural lands to render them suitable for non-agricultural purposes. and the income that it generates which is channeled to industry and services. 244 . As development continues. “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. “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. either the support of government. buying stations.

001 to P 15. SEC. “Small and Medium Enterprise (SME)” refers to any business activity or enterprise engaged in industry.000 The Department. 5. may adjust the above values as deemed necessary. inclusive of those arising from loans but exclusive of the land on which the particular business entity’s office. within six (6) months after the approval of this Act.000.000 Medium . whether single proprietorship.000.000. concerned non-government organizations (NGOs)and organized farmers’ and fisherfolk‘s groups. cooperative.AGRICULTURE “Small Farmers and Fisherfolk” refers to natural person dependent on small-scale subsistence farming and fishing activities as their primary source of income.P 1.not more than P 1.— The Department shall. 6. Network of Areas for Agricultural and Agro-Industrial Development. ethnicity and cultural diversity of the population.000 Small . “Socio-culturally Sound” means the consideration of the social structure of the community such as leadership pattern. “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. TITLE I PRODUCTION AND MARKETING SUPPORT SERVICES Chapter 1 Strategic Agricultural and Fisheries Development Zones SEC. and in consultation wit the local government units . distribution of roles across gender and age groups.—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. identify the strategic Agriculture and Fisheries Development Zones (SAFDZ) within the 245 .001 to P 60. agribusiness and/or services. must have value falling under the following categories: Micro .P15. partnership or corporation whose total assets. in consultation with the Congressional Oversight Committee on Agricultural and Fisheries Modernization.500. plan and equipment are situated. “Technology-based” refers to utilization of technology.500. the diversity of religion and other spiritual beliefs. promote efficiency and equity and accelerate the modernization of the agriculture and fisheries sectors of the country. appropriate government agencies. Declaration of Policy.

shall be identified on the basis of the following criteria a.—The Department. cities and an appropriate scale. the concerned LGU’s. SEC. 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. production and processing of particular crops. SEC. may designate agrarian reform communities (ARCs) and other areas within the SAFDZ suitable for economic scale production which will serve as model farms. in consultation with the Department of Agrarian Reform. Department of Science and Technology. 7. 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.— The Department. marketing. Modern Farms. b. human resources and environmental protection components. through the Bureau of Soils and Water Management (BSWM). Agro-climatic and environmental conditions giving the area as competitive advantage in the cultivation. Strategic location and of the area for market development and market networking both at the local and international levels. Delineation of Strategic Agriculture and Fisheries Development Zones. 9. Mapping. Strategic location of the area for the establishment of agriculture or fisheries infrastructure. 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. investment. c. the Department of Trade and Industry. culture. industrial complexness. and access to markets. high-end quality production and productivity through the use of up-to-date technology and collateral resources such as skilled manpower. 8.—The Department in coordination with the local government units (LGUs) and appropriate government agencies. 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. adequate capital and credit. production and processing zones. The BSWM may call on other agencies to provide technical and other logistical support in this undertaking .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. consistent with the existing laws. and d. SEC. the Department of Environment and Natural Resources. animals and aquatic products. the organized 246 . The SAFDZ shall have an integrated development plan consisting of production. processing.

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

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

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

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

Agrarian Reform. the Technical Educational and Skills Development Authority. the State enjoins the active participation of the banking sector and government financial institutions in the rural financial system. In this regard. 20.AGRICULTURE SEC. 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. 21. however. 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. 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. the Department shall. Interest rates shall be determined by market forces.—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. SEC. phase-out all DCPs and deposit all its loanable funds including those under the Comprehensive Agricultural Loan Fund 251 . The Department of Interior and Local Government shall provide assistance to the Department in mobilizing resources under the control of local government units. within a period of four (4) years from the effectivity of this Act. and Environment and Natural Resources shall coordinate their investment programs and activities to complement the Department’s implementation of the AFMP. Culture and Sports. 19. Emphasis of the program shall be on proper management and utilization. Role of Other Agencies.—All units and agencies of the government shall support the Department in the implementation of the AFMP. Declaration of Policy.—The Department shall implement existing DCPs. Chapter 3 Credit SEC. provided that existing credit arrangements with agrarian reform beneficiaries are not affected. particularly the women involved in the production. The Department of Trade and Industry. processing and trading of agriculture and fisheries products and the small and medium scale enterprises (SMEs) and industries engaged in agriculture and fisheries. Science and Technology. 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. Phase-out of the Directed Credit Programs (DCPs) and Provision for the Agro-Industry Modernization Credit and Financing Program (AMCPP). In particular. fisher folk. The Department of Education.

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

and Agricultural Credit Policy Council (ACPC). shall. 25. Review of the mandates of Land Bank of the Philippines Crop Insurance Corporation. and k. the GFSME and the Comprehensive Agricultural Loan Fund. The Land Bank of the Philippines. The Agriculture and Fisheries Credit Guarantee Fund shall be managed and implemented by the Quendancor Provided. Guarantee Fund For Small and Medium Enterprises. 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. Agricultural Credit Policy Council. 253 . That representation to the Quendancor Board shall be granted to cooperatives.—The Department of Finance shall commission and independent review of the charters and the respective programs of the Land Bank of the Philippines (LBP). in accordance with its original mandate. 24. The rationalization shall cover the credit guarantee schemes and funds operated by the Quendancor. Rationalization of Credit Guarantee Schemes and Funds. 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. Working capital for long-gestating projects. It may also cover loan guarantees for purchase orders and sales contracts. Privately-funded and LGU-funded irrigation systems that are designed to protect the watershed. Thereafter.—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.AGRICULTURE i. Credit guarantees on uncollaterized loans to farmers and fisherfolks. That credit guarantee shall be given only to small-scale agriculture and fisheries activities and to countryside micro-small. j. The review shall start six (6) months after the enactment of this Act. Guarantee Fund for Small and Medium Enterprises (GFSME). The Agriculture and Fisheries Credit Guarantee Fund shall be funded by at least ten percent (10%) of the funding allocation for the AMCFP. Quedan and Rural Credit Guarantee Corporation. local government units and rural financial institutions. Philippine Crop Insurance Corporation (PCIC). Quedan and Rural Credit Guarantee Corporation (Quendancor). SEC. SEC. 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. especially to small farmers and fisherfolk. and medium enterprises. Provided. further. 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.

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

and improve the NISs. Irrigation Service Fees (ISF). SEC. The budget for the development. SEC. design. National Irrigation Systems (NIS). 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. 34. 35. SEC. 31. It shall continue to maintain and operate the major irrigation structures including the head works and main canals. SEC. 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. within five (5) years from the effectivity of this Act. 32. such as Shallow Tube Wells (STWs).—The Department shall formulate and develop a plan for the promotion of a private sector-led development of minor irrigation systems. including the transfer of NIA’s assets and resources in relation to the CIS. 36. the plan shall be included in the Short-term Agriculture and fisheries Modernization Plan.AGRICULTURE Irrigation projects undertaken by farmers. develop.—The National Irrigation Administration (NIA) shall continue to plan.—The Department shall. In addition.—The Department shall monitor the implementation of R&D programs and irrigation projects. Monitoring and Evaluation.—Upon effectivity of this Act. 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. The Department shall review all existing irrigation systems every four (4) years. construction. devolve the planning. design and management of CISs. to determine their viability or ineffec- 255 . Low-Lift pumps (LLPs) and other inundation systems. Minor Irrigation Schemes. SEC.—The Government shall also encourage the construction of irrigation facilities through other viable schemes for the construction of irrigation such as build-operate-transfer. Such amounts needed to answer for the payment guarantee is hereby to be appropriated. to the LGUs. as may be deemed necessary. Guarantee of the National Government. operation and maintenance of the CIS and other types of irrigation systems shall be prepared by and coursed through the LGUs. the national government shall issue the need payment guarantee for BOT projects which shall answer for default of the National Irrigation Administration. 30. 33. Other Irrigation Construction Schemes. Communal Irrigation Systems (CIS). build-transfer and other schemes that will fast-track the development of irrigation systems.—To make build-operatetransfer (BOT) projects for irrigation attractive to proponents. The NIA shall continue to provide technical assistance to the LGUs even after complete devolution of the Irrigation Systems to the LGUs. rehabilitate. SEC.

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

—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. and h. 45. The Department of Transportation and Communications shall provide technical and infrastructure assistance to the Department in setting up the NIN.AGRICULTURE d. 44. The Department shall formulate guidelines and determine fees for private sector entities that use the NIN. processors and business institutions concerned with agriculture and fisheries at the provincial and municipal levels. SEC. f.—The Department of Public Works and Highways . 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. Resource accounting data. Product standards for both fresh and processed agricultural and fisheries projects. 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. but not limited to cooperatives. International. Research information and technology generated from research institutions involved in agriculture and fisheries. Agriculture and Fisheries Infrastructure Support Services. 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. Role of Private Sector. That . 43. 46. 257 . e.—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. 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. Chapter 6 Other Infrastructure SEC. SEC. regional and local market forecasts. 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. g. the Department of Transportation and Communications. Directory of. Role of Government Agencies. traders and consumers. key market centers. Initial Set-up. at the local level. traders.

—Public Infrastructure investments shall give preference to the kind . lack of equipment and lack of professional expertise. Agro-industrial potential of the area. Philippine Ports Authority and Philippine Fisheries Development Authority shall coordinate with the Department for the purpose of determining priority fishports. 52. Private Infrastructure Facilities. Public Infrastructure Facilities. 48. 258 . 49. Absence of public investments in the area. SEC. SEC.—The Department of Transportation and Communications. SEC.—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. 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. kind and importance of agricultural and fisheries products produced in the area. a past history of under-capitalization. 50. c. Fishports. Criteria for Prioritization. Socio-economic contributions of the investments in the area. 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. SEC. seaports and airports and facilitating the installation of bulk-handling and storage facilities . Public Works Act. seaports an airports are also equipped with quarantine .—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. and distribution of most commodities and should benefit the most number of agriculture and fisheries producers and processors.—The prioritization of government resources for rural infrastructure shall be based on the following criteria: a. 51.—For infrastructure facilities primarily benefiting private investors. but not limited to. conservation. sanitary and phytosanitary centers. type and model of infrastructure facilities that are cost-effective and will be useful for the production. Seaports and Airports. Private investors include cooperatives or corporations of agriculture and fisheries producers and processors. b. 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. SEC. Farm-to-Market Roads.LAND SEC. and other post-harvest facilities needed to enhance the marketing of agriculture and fisheries products Provided. and d. 47. Presence of agrarian reform beneficiaries and other small farmers and fisher folk in the area. that fishports .

garbage receptacles. SEC. 58. to identify appropriate post-harvest facilities and technology needed to enhance agriculture and fisheries development in the area. intended to ensure the food safety and quality. Communications Infrastructure.—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 . 57. SEC.—The Department shall coordinate with the Bureau of Post-Harvest for Research and Extension and the Post-harvest Horticulture. public toilets with lavatories. ample water supply. Rural Energy. and abattoirs. Post-Harvest Facilities. The Department shall coordinate with the LGUs in the establishment of standardized market systems and use of sanitary market . 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. All markets shall have a sanitation unit.—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. SEC. ice plants and cold storage.—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 DOTC to facilitate the installation of telecommunication facilities in priority areas. Price monitoring bulletin boards for selected commodities and weighing scales accessible to the public shall also be established. 53. Training and Research Center of the University of the Philippines. SEC. Public Market and Abattoirs.—The Department shall coordinate with the Department of Energy (DOE). 56. SEC. Water Supply System. 55. in order to enhance agriculture and fisheries development. Los Baños. All foods which require no further cooking shall be 259 . the appropriation for post-harvest facilities shall include the support for market vendor’ facilities. Proper protection and preservation of agriculture and fisheries products being sold in the market shall also be observed. the Department of Public Works and Highways (DPWH). 54. proper and adequate drainage and sewerage system. facilities .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. adequate lighting and ventilation and supply of electricity to ensure cleanliness and sanitation. SEC. Research and Technology Infrastructure.

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

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

composed of qualified public and private colleges and universities. the CHED shall formulate and implement a system of accreditation Provided. among others. parents and schools become instruments in effecting positive changes in the pupil’s home and community. to increase the attractiveness of agriculture and fisheries education. regular upgrading of learning/training facilities. and the needs or unique requirements of the area b. e. That the system shall be based on the following criteria: a. the following: a. SEC. institutionalizing agriculture and fisheries skills standards and technical testing and certification. further. The program shall include.—There is hereby established a Post-Secondary Education Program for Agriculture and Fisheries under the NAFES. and f. e.— There is hereby established a Network of National Centers of Excellence in Agriculture and Fisheries Education. institutional accessibility. to promote appreciation of science in agriculture and fisheries development. c. SEC. school buildings . d. Post-Secondary Education Program. integration of entrepreneurship and global competitiveness in the agrofisheries curricula. Network of National Centers of Excellence for Tertiary Education. development of a system for the strict enforcement of school regulations regarding standards and requirements. 69. 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 improve the present curriculum in the elementary and secondary levels by emphasizing the core values necessary for agriculture and fisheries modernization. so that more young and talented person will look at agriculture and fisheries as an acceptable option for career and livelihood. which shall be formulated and developed by TESDA in coordination with the appropriate government agencies and the private sector.LAND b. a mechanism for a flexible process of curriculum development. duly accredited as National Centers of Excellence (NCE) in the field of agriculture and fisheries. quantity and quality of research studies conducted. positive attitudes towards entrepreneurship and global competition in the agriculture and fisheries business. 262 . to develop among students. c. laboratory equipment. 68. population. integration of the dual training system in the various agricultural curricula and training programs. and f. d. For this purpose. to develop an outreach program where students. economic contribution of agriculture and fisheries in the community. b.

SEC. performance targets.—Not later than one (1) year from the effectivity of this Act. 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. in coordination with the Department and appropriate government agencies.—The CHED. that are designated as centers of excellence. The Rationalization Plan shall include a policy for the effective utilization of affected personnel and facilities. 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. within two. In consultation with the LGUs. Rationalization Plan. the CHED shall establish a baseline information using the Output-Oriented 263 .—In order to ensure the institutional accountability. 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. Evaluation System. 74. enrollment. linkage with international organizations. type of facilities. (2) years from the effectivity of this Act. SEC. efficiency. degree of utilization of research results. f.—For the purpose of upgrading and maintaining a high decree of academic excellence in the fields of agriculture and fisheries. shall formulate. For this purpose. d. Counterpart Funding from LGUs. 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. 73. 72. SEC. there shall be formulated and developed an Output-Oriented Performance Standards which shall serve as the primary instrument for institutional evaluation. all public and private universities and colleges. e. 70. SEC. 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.—The LGUs shall. and quality. 71. and investment programs.AGRICULTURE c. quantity and quality of faculty members. Output-Oriented Performance Standards. g. SEC. National Integrated Human Resource Development Plan in Agriculture and Fisheries. and potential contribution to agriculture and fisheries development in the target area.

For this purpose. 76.LAND Performance Standards referred to in Section 73 of this Title. the Department of Science and Technology.—To promote the development of scientific excellence and academic scholarship. professors and educators in agriculture and fisheries. shall institute an output. among others. in cooperation with the CHED 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.—The Commission on Higher Education. Scholarship Program. Fisheries and/or Agriculture Graduates shall be conducted within one (1) year from the approval of this Act. Budgetary Allocation Scheme. SEC. SEC. 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.—The Budgetary Allocation Scheme for NAFES shall be as follows: a. as well as representatives of the Department.S. Culture and Sports and Technical Education and Skills Development Authority. The first board of examination for B. and the National Economic and Development Authority. Agriculture and Fisheries Board. The evaluation shall include. the Department of Education. Merit System. shall develop a national scholarship program that provides opportunities for deserving academic staff to pursue advanced degrees in agriculture and fisheries. Continuing Agriculture and Fisheries Education Program. 79. such scholarship program shall also provide opportunities for graduate work in foreign universities. SEC. The current appropriation or budgets of state universities and colleges. shall continue and shall be modified and adjusted in succeeding years in order to meet the standards of the rationalized programs of the 264 .—There shall be created an Agriculture and Fisheries Board in the Professional Regulation Commission to upgrade the Agriculture and Fisheries profession. management and educational experts of national stature and representatives of key sectors of the agriculture and fisheries industries. shall be upgraded. which shall address the current education and training requirements of teachers. the public and private universities and colleges. SEC. Where appropriate. TESDA and the DBM. 78. 77.—The CHED in coordination with the public and private universities and colleges. that are herein designate as NCEs.oriented unified system of promotion for the academic personnel. the Department of Environment and Natural Resources. SEC. all designated NCEs in agriculture and fisheries shall be subject to a third party evaluation. in coordination with the Department and the public and private universities and colleges. 75. shall formulate and develop a National and Integrated Continuing Agriculture and Fisheries Education Program. Once every five (5) years thereafter.

training. b. and their application to the country’s productive system and national life. (A. but terrible. The fire burns.”—Henry Wadsworth Longfellow .—The Department. SEC. 80.—It is hereby declared the policy of the State to promote science and technology as essential for national development and progress. the earth buries. 81. innovation. invention. In addition to appropriate and relevant technology. Oposa) in coordination with the Department of Science and Technology and other appropriate agencies and research institutions shall enhance. Declaration of Policy. The State shall likewise give priority to research and development. Provided.AGRICULTURE institutions as approved by Congress and shall be included in the annual General Appropriations Act. 265 “The laws of nature are just. TITLE 3 RESEARCH DEVELOPMENT AND EXTENSION Chapter 1 Research and Development SEC. the air consumes. the water drowns. from but in close coordination with that of agriculture. 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. Cause and consequence are inseparable and inevitable. 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. 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. The elements have no forbearance. There is no weak mercy in them. The National Research and Development System in Agriculture and Fisheries. That fisheries research and development shall be pursued separately. and their utilization and to science and technology education.

SEC. 83. development and extension activities. Excellence and Accountability in Research and Development.—Considering the nature of research. The Department of Finance (DOF) in consultation with the Department shall formulate revenue enhancement measures to fund this facility. Funds for Research and 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. and those engaged in food and non-food production and processing including the private and public sectors.— Agriculture and Fisheries Research and Development activities shall be multidisciplinary and shall involve farmers. Research institutions and centers shall enjoy autonomy and academic freedom. 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. 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. funding shall be based on the following guidelines: a. Appropriate technology shall be used to protect the environment. fisherfolk and their organizations. Provide. That only the interest earnings of the funds shall be used. SEC. b. d. A science fund shall be established from which the scientific community in agriculture and fisheries shall draw its financial resource for sustained career development. SEC. 85. in the national interest.—Research information and technology shall be communicated through the National Information Network (NIN) 266 . in collaboration with the Department of Science and Technology and other appropriate government agencies. Communication of Research Results and Research-Extension Linkage. 84. The Department. The Department and other research agencies. 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. which shall involve an independent and interdisciplinary team of collegial reviewer and evaluators. reduce cost of production .LAND SEC. 82.—The Department. in collaboration with the Department of Science and Technology and other appropriate agencies. Allocation of multi-year budgets which shall be treated as research and development grants. Special Concerns in Agriculture and Fisheries Research Services. shall formulate the national guidelines in evaluating research and development activities and institutions. c.

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

Role of the Private Sector in Extension. regenerative agricultural technologies. but the ultimate wisdom. agri-business and management skills. Technical assistance. b. and e. popularization of training materials. Man is wise and constantly in quest of more wisdom.” Sundial of the Seasons (1964) (A. Extension cum research activities. —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. d. SEC. use of participatory approaches. c.—Hal Borland “The Certainty-April 5. The Role of Government Agencies. 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. remains locked in a seed. extension cum research. technical assistance. b. Degree and non-degree training programs. d. information support services. Information support services through the tri-media and electronics.LAND The provincial governments shall integrate the operations for the agriculture extension services and shall undertake an annual evaluation of all municipal extension programs. Monitoring and evaluation of LGU extension projects. and e. training of LGU extension personnel. SEC. There it lies. Oposa) The Department is hereby authorized to commission and provide funding for such training and extension services undertaken by the private sector. the simplest fact of the universe and at the same time the one which calls forth faith rather than reason. 92.—The Department. c. which deals with beginnings. improvement of physical facilities. 91. 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. 268 .

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

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

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

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

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. Ten percent (10%) for other infrastructure including fishports. 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. at the discretion of the court. 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. Initial Appropriation. corporation.AGRICULTURE SEC. 110.000. especially market vendors’ cooperatives. Any person. That if no cooperatives are operational. four percent (4%) of which shall be used to support the Biotechnology Program. That the Secretary of Agriculture may invest up to fifty percent (50%) of the said amount to fund post-harvest facilities of cooperatives. the officers responsible in the violation of Section 109 shall suffer the penalty of imprisonment prescribed in this Section. and the accessory penalties of confiscation of the imported goods in favor of the government and revocation of the privileges given under this title.00) is hereby appropriated. Ten percent (10%) for post-harvest facilities Provided.000.000. rural energy. That the amount shall be allocated and disbursed as follows: 1. the amount of Twenty Billion pesos (P20. Eight percent (8%) for the implementation of the Farmer-Fisherfolk Marketing Assistance System and support of market vendors’ cooperatives. public markets and abattoirs. seaports. or a fine equivalent to two hundred percent (200%) of the value of the imported materials. further. Ten percent (10%) for research and development. 5.—For the first year of implementation of this Act. 6. and airports. 111. 3. partnership. 273 . watershed rehabilitation. farm-and -coast-to-market roads. or both. 4. research and technology infrastructure. said amount shall fund the post-harvest facilities of the market -assistance system. partnership. In cases where the violator is a juridical entity. The importation of goods equivalent to or exceeding the declared assets of the enterprise. water supply system. 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. GENERAL PROVISIONS SEC. where said cooperatives exist and are operational Provided. or the authorized capital stock in case of corporations. 2. communications infrastructure. Thirty percent (30%) for irrigation.

and g. Four percent (4%) for the National Information Network (NIN) consisting of both the national and local levels. 274 . the Bureau of Animal Industry (BAI). One-and-three-fourth percent (1. whether from local or foreign sources. 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.000.000. 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. the Bureau of Plant Industry (BPI). Net proceeds from the privatization of the Food Terminal Inc. One-fourth percent (0. 11. and release.000. Fifty Percent (50%) of the Support Facilities and Services Fund under Republic Act No. Clark. 8178. Proceeds from the Minimum Access Volume (MAV) in accordance with the provisions of Republic Act No. together with the Department of Agrarian Reform (DAR). 9. including the Subic. d. Department of Trade and Industry (DTI). 6657. grants. Department of Finance (DOF).and TESDA-administered Rural Non-Farm Employment Training. Department of Environment and Natural Resources (DENR). 113. f. SEC. Loans.LAND 7.—The Department of Budget and Management (DBM) is hereby mandated to include annually in the next six (6) years. and 12. (FTI). Fifty Percent (50%) of the net earnings of the Public Estates Authority. 112. e. an amount not less than Seventeen billion pesos (P17. Six percent (6%) for salary supplement of Extension Workers under the LGUs. SEC.75%) for SUC. and other special economic zones.25%) for the identification of the SAFDZs.—The Secretary within ninety (90) working days after the effectivity of this act. in the President’s Program of expenditures for submission to Congress. b. Commission on Higher Education (CHED). c. Forty percent (40%) of the TESDA Skills Development Fund. 10. 8. bequest. 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. Department of Science and Technology (DOST). Five percent (5%) for NAFES . Poverty alleviation Fund. Implementing Rules and Regulations. Continuing Appropriation.00) for the implementation of this Act. 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. or donations.

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

f. source materials. Approve the budget for the work of the Committee and all disbursements therefrom. Effectivity. Repealing Clause. and assets. SEC.—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. the validity of the other provisions shall not be affected thereby. subject to applicable rules.LAND b. including technical information. 117. and in order to carry out the objectives of this Act. 118. 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. 116. Secure from any department. Organize its staff and hire and appoint such employees and personnel whether temporary. SEC. contractual or on consultancy. Separability Clause. and production of reports and submission of recommendations or plans as it may require. Carry on the winding-up work of AGRICOM.000. Hold hearings.—All laws. funds. preparation. SEC. rules and regulations inconsistent with this Act are hereby repealed or modified accordingly. 119.—The Committee shall submit periodic reports on its findings and make recommendations on actions to be taken by Congress and the appropriate department. h. 276 . bureau. executive issuance. or require by subpoena duces tecum to produce before it such records. SEC. reports or other documents as may be necessary in the performance of its functions. continue its information and advocacy work. office or instrumentality of the Government such assistance as may be needed. e. Summon by subpoena any public or private citizen to testify before it. c. and in the event one or more of such provisions are held unconstitutional. decrees. including compensation of all personnel.00) is hereby appropriated for the Oversight Committee for the first year of its operation. Use resource persons from the public and private sectors as may be needed. Periodic Reports.—Every five (5) years after the effectivity of this Act. receive testimonies and reports pertinent to its specified concerns.000. Generally to exercise all the powers necessary to attain the purposes for which its created. SEC. Approved: 22 December 1997. based on its findings. d. supplies and equipment of AGRICOM. 120. Automatic Review. an initial amount of Twenty million pesos (P20. such as editing and printing all technical reports and studies as well as bibliographic cataloguing of its collection of source materials. to the President and to both Houses of Congress. and j. g.—The provisions of this Act are hereby declared to be separable. i. Cause to be transferred to the Committee all works. outputs.

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

The State has the right to expropriate lands not utilized for the benefit of the community and the country as a whole. ginger. “High-value crops (HVC)”—these are crops other than traditional crops which include. and statice). mango. 2. game refuge. Scope of Application. pole sitao (snap beans and garden pea). carrots. equity consideration. 3. rambutan. The State shall effect an efficient use of land and other productive resources with due regard to ecological balance and environmental protection. indigenous and cultural communities. 5. farmers’ organizations/associations/cooperatives. and onion). tomato. upland farm owners. vegetable crops (asparagus. radish. processing. guava. and cutflower and ornamental foliage plants (chrysanthemum. farmers. and distribution of high-value crops in suitable areas of the country. “Non-traditional crops”—refer to crops other than rice. gladiolus. grazing lands. subdivisions. legumes. “Idle and abandoned land”—refers to any agricultural land not cultivated.—This Act shall cover upland dwellers as well as lowland tenants. root crops (potato and ubi). public forests. rural development. corn. broccoli. durian. fruit crops (citrus. the departments. coconut and sugar. and to the extent herein provided. orchids. marketing. celery. Definition of Terms. SEC. As such. and patola). SEC. and bird sanctuaries. being stewards. forest reservations. 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. mangosteen. “Forest land”—refers to the lands of the public domain which have not been declared as alienable or disposable.LAND motion of the production. 278 . spices and condiments (black pepper. offices. bell pepper. permanent forests or forest reserves. mobilization of human resources. 4. papaya. guyabano. cashew. but are not limited to: coffee and cacao. branches or instrumentalities in the areas identified by the Department of Agriculture as key commercial crop production areas. owners and lessees of agricultural land. anthuriums. and watermelon). strawberry. timberlands. 4.—For purposes of this Act. the term: 1. cauliflower. garlic. agencies. jackfruit. and increased agro-industrial production for the alleviation of poverty and sustainable growth objectives. cabbage. The State shall be guided by the principles that land has a social function and land ownership has a social responsibility. have the obligation to cultivate the lands they own or lease and make the land economically productive on a sustainable and environmentally friendly manner. pineapple. Comprehensive Agrarian Reform Program (CARP) beneficiaries. community associations and farmworkers. 3. lanzones. “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.

shall also be considered to further support the program: Provided. marketing. planning and coordinating crops varieties. All financial institutions. in coordination with the Department of Environment and Natural Resources. 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. hectarage.000.—The Department of Agrarian Reform and the Department of Agriculture. 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. with an initial amount of One billion pesos (P1.000). and the municipal government concerned. which is directly responsible for the management of the HVCDF. within six (6) months after the effectivity of this Act: Provided. Site Identification. shall identify the broad areas suitable for high-valued crops production. 64 279 .000 has.D. Farm Model. and raising breed. SEC.—Farmer cooperatives may lease the land for a period of twenty-five (25) years. Tenurial Arrangement. The Department of Agriculture. SEC.—For the purpose of providing the funding requirements of the production. Other sources of funds. farmers may adopt the cooperative system in putting up economically-sized farms for high-value crop farming.) in area. shall be tapped to support the program. Farmer members shall collectively manage individual farms which includes contracting process and means of production. and not to exceed one thousand hectares (1. 6.HIGH—VALUED CROPS SEC. 5. 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. there is hereby created a High-Value Crops Development Fund (HVCDF). 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). No. High-Value Crops Development Fund (HVCDF). 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. SEC.000. 717 (29 May 1975)]. including but not limited to borrowings from local and international financial institutions.—For the program. distribution and some production measures with reference to the market it shall serve. Participating banks are hereby exempted from the compliance requirement of 64 Presidential Decree No. 7. 717: Provided. whether public or private. 8. and processing of high-value crops. Said farm models may be replicated by farmers’ organizations all over the country.

in coordination with the Department of Trade and Industry. Exemption from taxes. d. in the form of equity. 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. SEC. or exporters to provide marketing outlets and assure relatively higher and stable prices. e. Credit Guarantee—to enhance the bankability of projects. 6938 or the Cooperative Code of the Philippines. 280 . Agro-processing firms buying directly from project proponents shall be granted tax rebates. The grace period shall be determined by the gestation periods of the crops. b. No.A. as amended. c. Credit assistance—the HVCDF shall be loaned out to farmers’ organizations/ associations/cooperatives composed of. shall also be considered to further support the program. 2.LAND (5%) of their loanable funds without alternative compliance directly to farmers’ associations or cooperatives. 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. CARP beneficiaries. including but not limited to borrowings from local and international financial institutions. 8424. Incentives. and 3. Other sources of funds. 11 December 1997.A. out of the HVCDF. 9. Exemptions from taxes and duties subject to the provisions of Article 62 of Republic Act No. The premium rates shall be set not on the basis of the performance of previous programs specifically on rice and corn.—The proponents of the program shall be entitled to the following incentives: a. 7160. Tax exemption—project proponents as defined in Section 7 of this Act shall be entitled to the following tax exemptions: 1. No. Exemption from the value-added tax in accordance with Section 103 of 65 the National Internal Revenue Code. f. Market linkage—the Department of Agriculture. 10 October 1991. 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. subject to the prevailing Land Bank interest rates. but not limited to. shall link-up agribusiness cooperatives directly with consumers cooperatives. _______________________ 65 66 R. agro-processing companies. R.

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

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. b. g. Thereafter. That agricultural produce collection centers may also be established in areas where feasible. packaging houses. f. the amount necessary for its operations shall be included in the annual General Appropriations Act. Devise and maintain a system for regularly obtaining information on current and future production. through the DA-Agricultural Training Institute (ATI). regular. 282 . 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. and economical means of transporting and/or shipping of high-value crops. domestic market matching and overseas market intelligence and promotion activities on high-value crops. for purposes of reducing marketing costs and ensuring stable consumer supply. their prices and movement in trade. Extend assistance in marketing and distribution of high-value crops through monitoring and dissemination of market information. it shall be tasked to perform the following functions: a. including identification of the local supply-demand situation. 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. and i. marketing and processing of high-value crops. Enjoin the Department of Transportation and Communications to effect a more efficient. Aside from its usual functions. which may also serve as buying stations of farm products. pick-up points and meeting places of farmers’/growers’ cooperatives. adequate. c. e. d. the DTI or the LGU’s technicians or by contracting agriculturists and marketing specialists from private or academic institutions. h. Encourage the establishment of wholesale markets in identified major centers of the country: Provided. to determine and effect a balanced distribution of high-value crops by means of inter-trading or intra-trading among the established wholesale markets. 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. 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. Assist in the formulation of general and specific policies for the development of high-value crops. suitable.

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

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

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

March 2004. appropriate penalties on handlers of these products for violations of any rules and regulations established by the FPA.LAND such other powers over its personnel as may be necessary for the efficient operation of the FPA. collect fees pertaining thereto. To conduct an information campaign regarding the sale and effective use of these products. safety in the use and handling of pesticides. To call upon any department. office. 2. 3. 4.—The FPA shall have jurisdiction over all existing handlers of pesticide. campaign Jojo dela Victoria was murdered in his home in 5. I. or any officer or employee thereof and on the private sector. To establish and impose Cebu on April 12. 6. SEC. or cancellation of such registration or licenses and such other A. 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.” For his anti-illegal fishing Decree. higher standards and quality of products and better application methods. To promulgate rules and regulations for the registration and licensing of handlers of these products. 6. Powers and Functions. for such information or assistance as it may need in the exercise of its powers and in the performance of its functions and duties. Pesticides and Other Agricultural Chemicals 1. Common to Fertilizers. bureau. 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. including governmentowned or controlled corporations. 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. as well as the renewal. The FPA shall have the following powers and functions. 2006. suspension. fertilizers and other agricultural chemical inputs. revocation. agency instrumentality of the government. 286 .

including audited and/or unaudited financial statements. distribution channels. and of the expansion of the industry. To regulate and control quality of the different grades of fertilizer and to set new grades when necessary. of fertilizer and fertilizer industry. To delegate such selected privileges. 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. 8. and inventory data. production schedules. cooperatives. To obtain complete access to all pertinent information on the operations of the industry. to itself import and/or export such items. modifications or repairs as may be necessary to accomplish this. both wholesale and retail. II. associations or individuals as may presently exist or be organized to assists the FPA in carrying out its functions. including the negotiating and contracting of such imports and exports. powers or authority as may be allowed by law to corporations. and when necessary. To control and assist in the financing of the importation of fertilizer and fertilizer inputs of production. 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. both domestic and worldwide. marketing. 10. 287 . of inventory and working capital. mark-ups. To control and regulate all marketing companies. 5. 3. To establish and implement regulations governing the import and export of fertilizer and fertilizer inputs. 7. 6. inventor. or corporation likewise exempt from the payment of customs duties and all other taxes.FERTILIZERS AND PESTICIDES 7. 4. To import fertilizer and fertilizer inputs exempt from customs duties. 2. by controlling and regulating prices. To establish and enforce sales quotes. storage and other marketing factors in the domestic fertilizer market. To control and regulate all aspects of domestic fertilizer production. whether importer. and to sell or convey such fertilizer or fertilizer input to any individual. and the corresponding duty on the imported crude. compensating and sales taxes and all other taxes. 11. Fertilizers 1. 9. and to purchase naptha locally free from specific taxes. To approve or to reject the establishment of new fertilizer or fertilizer input plants and the expansion or contraction of existing capacities. To make a continuous assessment of the fertilizer supply and demand situation. To determine and set the volume and prices. promotion. production. wholesaler or retailer. and 8. terms. distribution areas and such other marketing regulations as may be necessary to assure market stability and viable operations in the industry. association.

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

00 or less. the simultaneous purchase of pesticide or other agricultural chemical inputs and vice-versa. fertilizer. supplying.000.000. SEC. association or entity. partnership. or other agricultural chemical shall be exported.00.00 by other violations where the amount involved cannot be determined. The FPA. sold or offered for sale. firm. commercially applying. association or any other entity. revoke. formulating. in the pursuit of its duties and functions. 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. Provided. and g. fertilizer and other agricultural chemicals except under a license issued by the FPA. repacking.00 nor more than PhP20. SEC. or modify the registration of any pesticide. selling. Penalties— a.000.00. importing.00 but not more than PhP10. 9. 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. that if the violation is commit- 289 . distributed. by imprisonment of not less than 10 years and 1 day or more than 15 years if the amount involved is PhP10. 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.—No pesticides. If the violation is committed by a corporation. 10. cooperative.00 but not more than PhP10.000. transported. f. partnership. To impose as a condition for the purchase of fertilizer. 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. the penalty shall be imposed upon the guilty officer or officers of such corporations. 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 offender shall be imposed the maximum fine and term of imprisonment as above prescribed.000. firm.000. imported. Registration and Licensing. marketing. formulated.FERTILIZERS AND PESTICIDES e. b. 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. To violate such other rules and regulations as may be promulgated by FPA. distributing.000. manufactured. storing. shall be liable to a penal servitude of not in excess of one year or a fine of PhP5. of any pesticide. may suspend. manufacturing. by a fine of PhP5. 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. No person shall engage in the business of exporting. fertilizer and other agricultural chemicals after due notice and hearing. stored.

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

Oposa) c. Declaration of Policy. 2. Definition of Terms. 1995. Permit refers to the written authorization of the PCA allowing the cutting of coconut trees. the following terms shall be defined as follows: a. 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.—this act shall be known as the “Coconut Preservation Act of Sunrise in Bantayan Island. 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.” (A. SEC. Senescent coconut trees are coconut trees which are already over age. e. —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. 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. and no longer productive.COCONUT CUTTING Coconut Cutting (Republic Act 8048) Regulating the Cutting of Coconut Trees SECTION 1. “Coconut—The Tree of Life. SEC. it becomes mandatory for the government to step in and regulate the unabated and indiscriminate cutting of coconut trees.— For purposes of this Act. b. d.—No coconut tree shall be cut except in the following cases and only after a permit had been issued therefore: 291 . 3. For reasons of national interest. Coconut tree refers to a tall pinnate-leaved palm bearing a large edible fruit called the coconut. weak.” Title. 4. Prohibition.

it shall be incumbent upon the PCA to conduct. and five pesos (P5. 292 . 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. commercial or industrial areas. into other agricultural purposes. Such replantings. Ten pesos (P 10. f. has been issued by the PCA pursuant to Section 6 of this Act. commercial or residential sites or land transformed in accordance with law. shall not apply to areas converted into industrial.00) in favor of the municipal government concerned.00) in favor of the barangay unit concerned. shall regulate and oversee the planting. ten pesos (P10. When the tree is damaged by typhoon or lightning. c. When the tree is disease-infested. has already planted the equivalent number of coconut trees applied for to be cut. For this purpose. and g. No other causes other than those abovementioned shall be considered as a valid ground for cutting. The applicant shall pay an application fee in the amount of twenty-five pesos (P25. from time to time. in coordination with the PCA and the local government unit concerned.—No coconut tree or trees shall be cut unless a permit therefore. When the tree would cause hazard to life and property. upon due application being made. on-the-spot inspections of the sites where the coconut trees have been planted. No permit to cut shall be granted unless the applicant. e. 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.00) of the fee shall accrue in favor of the PCA. SEC. fertilization and care of the newly planted coconut trees. in coordination with the local government unit concerned. When the tree is sixty (60) years old. The PCA. 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. b.LAND a. When the agricultural land devoted to coconut production shall have been converted in accordance with law into residential. 5. Permit to Cut. topography. drainage and other conditions rendering the farm economically unproductive. When the tree is no longer economically productive. however. d.00) for every tree intended to be cut payable to the PCA.

7. sawing of the coconut trees. If the offender is in die government service. be dismissed from office. in order to effectively implement the provisions of this Act. “Everything in life is speaking in spite of its apparent silence. 6. the official who ordered or allowed the commission of the offense shall be punished with the same penalty.COCONUT CUTTING SEC. including the confiscation of illegally cut trees. the Philippine Coconut Authority shall prescribe the necessary rules and regulations for the immediate and effective implementation of this Act. upon conviction. For this purpose. Cayton) PCA shall also.—If any part or section of this Act is declared unconstitutional. If the offender is a corporation or a juridical entity. Penalties.— The Philippine Coconut Authority shall be the lead agency to implement the provisions of this Act. he shall. or a fine of not less than Fifty Thousand Pesos (P50. Implementing Rules. the (T. 9.—The Philippine Coconut Authority shall have the exclusive authority to grant permit for the cutting of coconut trees.000). such declaration shall not affect the other parts or sections of this Act. SEC.—Those found guilty of violating this Act or any rules and regulations issued pursuant hereto shall. SEC. In addition to the foregoing. may request the assistance of any local government unit.000) but not more than Five Hundred Thousand Pesos (P500. Separability Clause. in coordination with the local government unit concerned. lumberyards. in addition. Authority to Cut. be punished by imprisonment of not less than one (1) year but not more than six (6) years. 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. or both in the discretion of the court. require the registration of all sawmills. The PCA. For this purpose. 8. The authority may be delegated to the city or municipal mayors as the PCA may determine. to monitor and ensure compliance with this Act including its implementing rules and regulations. coconut wood dealers and other persons or entities dealing in the processing.” — Hazrat Inayat Khan 293 . SEC.

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

Any form of cruelty shall be penalized even if the transporter has obtained a permit from the Bureau of Animal Industry. 4. 5. They shall provide sufficient food and water for such animals while in transit for more than twelve (12) hours or whenever necessary. The Department of Interior and Local Government (DILG). treated. The Bureau may revoke or cancel such certificate of registration for failure to observe these conditions and other just causes. incidence of sickness and death and prevent any cruelty from being inflicted upon the animals. duties. veterinary clinics. There is hereby created a Committee on Animal Welfare attached to the Department of Agriculture which shall. stud farms and zoos and any other form or structure for the confinement of animals where they are bred. 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. SEC. placing of animals in the trunks or under the hood trunks of the vehicles.ANIMAL WELFARE The condition that such facilities be adequate. Such guidelines shall be reviewed by the Committee every three (3) years from its implementation or whenever necessary. wildlife and all other animals to provide in all cases adequate. subject to the approval of the Secretary of the Department of Agriculture. It shall be the duty of any owner or operator of any land. The Committee shall be composed of the official representatives of the following: 1. air or water public utility transporting pet. 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. operation and maintenance of pet shops. and responsibilities for the purpose of ensuring the effective and efficient implementation of this Act and the rules and regulations promulgated thereunder. if not totally eradicate. SEC. 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. maintained. corrals. clean and sanitary. 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. stockyards. veterinary hospitals. including the setting of safety and sanitary standards. Cruelty in transporting includes overcrowding. The Director may call upon any government agency for assistance consistent with its powers. issue the necessary rules and regulations for the strict implementation of the provisions of this Act. The Director of the Bureau of Animal Industry shall supervise and regulate the establishment. within thirty (30) calendar days following its approval. kennels. 295 . SEC. 3. 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.

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

including those of cattle. pigs. being. SEC. For this purpose. horses. the officer responsible therefore shall serve the imprisonment when imposed. rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.000. If the violation is committed by an alien. executive orders. decrees. It shall be the duty of every person to protect the natural habitat of the wildlife. the emptiness of ages in his face. he or she shall be immediately deported after service of sentence without any further proceedings. SEC.” — Edwin Markham (A. In all the above mentioned cases. goats. When the animal is killed after it has been used in authorized research or experiments. “Bowed by the weight of centuries he leans upon his hoe and gazes on the ground. 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. Any other ground analogous to the foregoing as determined and certified licensed veterinarian. rabbits. acts. If the violation is committed by a juridical person. and on his back the burden of the world.00) or both at the discretion of the Court. carabaos. When it is done to prevent an imminent danger to the life or limb of a human 5. Only those procedures approved by the Committee shall be used in the killing of animals.000.00) nor more than Five thousand pesos (P5. When done for the purpose of animal population control. poultry. upon conviction by final judgment. Any person who violates any of the provisions of this Act shall. 7. and 7. 6. 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. All laws. 9. humane procedures shall mean the use of the most scientific methods available as may be determined and approved by the committee. Oposa) 297 . sheep. 8. deer and crocodiles the killing of the animals shall be done through humane procedures at all times.ANIMAL WELFARE 4.

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

is considered more practical and economical than any other method of plant pest control. BRINGING OR INTRODUCTION INTO THE PHILIPPINE ISLANDS OF LIVING ANIMALS. establishment and subsequent spread of plant pests by regulating the international and domestic movements of plants and plant products. WHEREAS. modern means of transportation and handling of imports and exports have favored the expeditious and extensive movements of plants and plant products.” — Dr. 299 “Unless someone like you cares a whole awful lot. AND OTHER ANIMALS. WHEREAS. increasing the risk of plant pest introduction and/or incursion. WHEREAS. thereby. 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. Tapan) . plant quarantine is basically and essentially a preventive measure. CRUSTACEANS. 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. Seuss. require urgent and immediate modification and updating. WHEREAS. 1922. It’s not. 3767. “The Lorax” (G. BATS.” And Act No. and therefore. some of the provisions of Act No. 3027 dated March 8. 1930. dated November 26. Nothing is going to get better. incursion. economic losses due to injury on agricultural crops brought about by plant pests have become increasingly significant. SUCH AS INSECTS. entitled “AN ACT REGULATING THE IMPORTATION. 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. MAMMALS. entitled. the prevention of introduction. REPTILES. BIRDS. 1433) WHEREAS. MOLLUSKS.PLANT QUARANTINE Plant Quarantine (Presidential Decree No.

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

rules and regulations as may be promulgated. plant products and other related materials capable of harboring plant pests. if the importing country so requires. 4. o. 6. Inspection of plants/plants products. “Port of Entry” is a port open to both foreign and domestic trade. is hereby restricted subject to such quarantine orders. domestication or for any other purpose. SEC. SEC. SEC. and other materials capable of harboring plant pests. soil. 3.—In order to prevent and arrest the spread to other areas. consumption. food provisions of plant origin and plant ornaments on board carriers. The importation and/or introduction into the Philippines of plants. “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. 4 5 and 6 and to apply the necessary plant quarantine measures in order to attain the objectives of this Decree. importation in limited quantities for a justifiable purpose and upon a written permit from the Director of Plant Industry. plant products. SEC. p. Exportation of plants and plant products. “Commodity Treatment” any form of treatment applied to plants. 5. “Phytosanitary Certification” shall mean plant health certification. SEC. potential animal pests. for the purpose of destroying or eliminating any infection/infestation caused by plant pests. SEC. 7. manufacturing.—The Director shall cause the appropriate inspection. q. and/or the Plant Quarantine Officers shall 301 . as well as. “Exportation” is the act of transporting commodities mentioned under Sections 3. 4. and 6 hereof. and other materials. m. However. 8. by the Director with the approval of the Secretary of Agriculture.PLANT QUARANTINE l. of the commodities mentioned in Sections 3. n. “Importation” is the act of bringing into the country the foreign commodities mentioned under Section 3 and 4 of this Decree for planting. the Director. from time to time. Importation of plants and plant products. Commodities in transit. The term includes principal ports of entry and subports of entry. from a local port to a foreign port. plant products. may be allowed.—The Director and/or Plant Quarantine Officers shall cause the inspection and phytosanitary certification of all plants. of injurious plant pests existing in certain localities within the Philippines. is hereby prohibited. packing materials of plant origin capable of harboring and are a source of medium of infection/infestation of plant pests. that are in transit shall be required of a clearance from the Plant Quarantine Officers assigned at the port concerned.—Commodities mentioned under Section 3 and 4 of this Decree. Domestic Quarantine of plants and plant products. Importation of potential animal pests.—The importation of certain species of animals which are liable to become agricultural crop pests and are capable of causing injury to agricultural crops.

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

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

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

21.—If any of the provisions of this Decree shall be invalid. SEC. Duties of the Board.—This Decree shall take effect immediately upon approval. that any unexpected amount of the said sum shall be reverted to the Plant Quarantine Revolving Fund. Separability Clause. SEC.—The sum of P300.— Any person. company or corporation who violates the provisions of this Decree.—The Board shall meet once every quarter. Repealing Clause. alters. Quorum. 22. Done in the City of Manila. defaces and destroys any document issued by virtue of this Decree shall be fined not more (A. 1978.—The Plant Quarantine Board shall be the advisory body to assist the Director of Plant Industry in formulating orders. 23. rules and regulations for the effective implementation of the revisions of this Decree. SEC. 20. SEC. Board Meeting.—All laws. SEC.—A majority of the members of the Board shall constitute a quorum. that such special meetings shall not be held more than four (4) times annually.000. or may call special meetings when necessary.000. or forges.00) each per meeting. hereby superseded or revoked accordingly. 24.PLANT QUARANTINE SEC. this 10th day of June. the remainder shall be operative.00 annually is. 305 . 19. The members of the Board shall receive a per diem of Two Hundred Pesos (P200. Appropriation of the Plant Quarantine Board. rules and regulations inconsistent with the provisions of this Decree are. hereby appropriated for the expenses of the Plant Quarantine Board. SEC. Provided. Penalty Clause. or both. 25. SEC. counterfeits. provided.00) or by imprisonment from prison correctional to prison mayor. Oposa) than Twenty Thousand Pesos (P20. 26. at the discretion of the Court. Effectivity.

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

mountainous areas. Not having shown any title from the government. there must be a margin of 3. Section 15). then to understand them. 1906 307 . This was because mere possession of land would not give the possessor any title as against the government. December 6. for a start. 20. 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. it will also become a tool to till and green the landscape of ideas. “Every presumption should be indulged against the United States claiming title to the land. which have been for more than fifty years prior to the treaty of peace with Spain of April 11. For example. Cariño v. Issue: Is the presumption correct? Held: Yes. The problem is not in the law. Decree 705. 1899. protection and restoration. Hopefully. Insular Government 8 Phil. 51. 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. Decree 1067). for example. we may use the provisions on easements creatively. Pres. mangroves. Law begins with desire. should be recognized by the Insular Government. Where there is a sincere desire to use the Law creatively to advance the ends of conservation.” Certain plots of land along riverbanks. although no document of title has been issued from the Spanish Crown. and the land being agricultural. a native Igorot and his ancestors have held in accordance with Igorot custom. in time. Cariño’s case was dismissed. as it is. must be set aside as forest lands. as private property. still a grant is to be conclusively presumed based on his immemorial use and occupation of the land. Under the Water Code. a living being. 150. Cariño insists that although prescription did not run against the government.LAND TENURE Actually. which for more than fifty years prior to the treaty of peace with Spain. 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.” A native title to land in the province of Benguet in the Philippine Islands. some provisions of the Laws are already in place. Thereafter. and 40 meters from water of rivers and seashores as easement zones for salvage and recreation (Sec. It is in having the interest to read them. has been held by the present native Igorot holder and his ancestors under claim of private ownership. 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. etc. the Law begins to sing.

To this end. _______________________ 67 As amended by R. 1979 Comprehensive Agrarian Reform Program (Republic Act 6657) Chapter I Preliminary Chapter SECTION 1. 67 308 . with due regard to the rights of landowners to just compensation and to the ecological needs of the nation. 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. April 30. No. Manuel Dumyung G.R. 1972.” SEC. a handwritten presidential decree. 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. March 29. “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. 20 February 1995. and the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture.—It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). shall be cancelled. 7881. Any title issued on nondisposable lots even in the hands of alleged innocent purchaser for value.” Lepanto Consolidated Mining Company v. a more equitable distribution and ownership of land. one of the first laws passed by former President Ferdinand Marcos upon the declaration of Martial Law in the Philippines in 1972). Animas G.A.” Republic of the Philippines v. 27. 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. The Comprehensive Agrarian Reform Law is an amendment and revision of the Tenant Emancipation Decree (P. Declaration of Principles and Policies. No. then the patent and title thereto are null and void.LAND Forest Land is Not Disposable If the area covered by the patent and title is not disposable public land. Title.D.R.—This Act shall be known as the “Comprehensive Agrarian Reform Law of 1988. 2. Nos. L-31666–68. L-37682. it being a part of the forest zone.

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

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

and the like. financial or other economic resources. Seasonal farmworker is a natural person who is employed on a recurrent. 229. Scope. A juridical person may be a member of a cooperative. sacada. 131 and Executive Order No. such land was previously used for agricultural or other economic purpose. Regular farmworker is a natural person who is employed on a permanent basis by an agricultural enterprise or farm. and operated on the principle of one member. g. 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. 311 . (h). whether as a permanent or a nonpermanent laborer. or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof. 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. weekly. or in connection with. Cooperatives shall refer to organizations composed primarily of small agricultural producers. Chapter II Coverage SEC. i. such as dumaan. with the same rights and duties as a natural person. one vote. 4. j. but does not include land that has become permanently or regularly devoted to nonagricultural purposes. f. periodic or intermittent basis by an agricultural enterprise or farm. 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. or primarily with the assistance of his immediate farm household. whether the land is owned by him.COMPREHENSIVE AGRARIAN REFORM PROGRAM e. It does not include land which has become unproductive by reason of force majeure or any other fortuitous event. k. technological. farmers. and (i). human.The Comprehensive Agrarian Reform Law of 1988 shall cover. Idle or abandoned land refers to any agricultural land not cultivated. provided that prior to such event. farmworkers. Farmer refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops. h. Other farmworker is a farmworker who does not fall under paragraphs (g). _______________________ 69 22 July 1987. either by himself. monthly or pakyaw basis. The term includes an individual whose work has ceased as a consequence of. as provided in Proclamation No. or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of pooling land. regardless of tenurial arrangement and commodity produced. all public and private agri69 cultural lands.

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

all lands foreclosed by the government financial institutions. 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. the security of tenure of the farmers or farmworkers on the land prior to the approval of this Act shall be respected. 27. all idle or abandoned lands. Phase Two: All alienable and disposable public agricultural lands. all private lands voluntarily offered by the owners for agrarian reform. however. “How can we own something which we did not create—can we then own land? or are we mere caretakers? — Anonymous SEC. 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. disposition. 7. Article XII. In all cases. any sale. Priorities. to implement principally the rights of farmers and regular farmworkers. Phase Three: All other private agricultural lands commencing with large landholdings and proceeding to medium and small landholdings under the following schedule: 313 . with the implementation to be completed within a period of not more than four (4) years. Thereafter. of the Constitution. all arable public agricultural lands under agroforest. Upon the effectivity of this Act. and all other lands owned by the government devoted to or suitable for agriculture.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. to own directly or collectively the lands they till. and all private agricultural lands in excess of fifty (50) hectares. Lands shall be acquired and distributed as follows: Phase One: Rice and corn lands under Presidential Decree No. all lands acquired by the Presidential Commission on Good Government (PCGG). which shall be distributed immediately upon the effectivity of the Act. Provided. lease. who are landless. insofar as the excess hectarage is concerned. management contract or transfer of possession of private lands executed by the original landowner in violation of the Act shall be null and void.—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. which shall be acquired and distributed immediately upon the effectivity of this Act. with the implementation to be completed within a period of not more than four (4) years. pasture and agricultural leases already cultivated and planted to crops in accordance with Section 6. all public agricultural lands which are to be opened for new development and resettlement.

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

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

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

such areas shall automatically be subject to redistribution. The provisions of Section 32 of the Act. a production-sharing plan. 7881. 12. shall be subject to immediate compulsory acquisition and distribution after ten (10) years from the effectivity of this Act. the Government shall initiate steps necessary to acquire these lands. with regard to production and incomesharing. communal burial grounds and cemeteries.COMPREHENSIVE AGRARIAN REFORM PROGRAM and pilot production center. leaves and working conditions granted to the employeebeneficiaries under existing laws. lease. as determined by the DAR. Commercial Farming. bonuses. In the case of new farms. vegetable and cut-flower farms. SEC.—Any enterprise adopting the scheme provided for in Section 32 hereof or operating under a production venture. 20 February 1995. —Commercial farms. the DAR is mandated to determine and fix immediately the lease rentals thereof in accordance with Section 34 of Republic Act No. and cacao. Determination of Lease Rentals.—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. including rice and corn. preferably in favor of organized cooperatives or associations. If the DAR determines that the purposes for which this deferment is granted no longer exist. agreements. which shall thereafter manage the said lands for the workers-beneficiaries. and voluntary practice by the enterprise. 3. tenant or lessee. which are private agricultural lands devoted to salt beds. the ten-year period shall begin from the first year of commercial production and operation. Chapter III Improvement of Tenurial and Labor Relations SEC. SEC. except those already developed. No. government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over. fruit farms. shall be exempt from the coverage of this Act. orchards. R. penal colonies and penal farms actually worked by the inmates. 13. 3844.A. Nothing herein shall be construed to sanction the diminution of any benefits such as salaries. church sites and convents appurtenant thereto. of different regions in order to improve progressively the conditions of the farmer. as amended: Provided. _______________________ 72 72 As amended by Sec. 11. shall apply to commercial farms. under guidelines prescribed by the appropriate government agency. mosque sites and Islamic centers appurtenant thereto. upon payment of just compensation for the land and the improvements thereon. During the ten-year period. 317 . Production-Sharing Plan. 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. coffee and rubber plantations. 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. the average gross income from the property for at least three (3) years. c. natural or juridical. lease. b. stating the following information: a. Registration of Beneficiaries. location and area of the land they work. the terms of mortgages. owners or administrators of the lands they work on and the length of tenurial relationship.” — Anonymous (A. and f. the names of all tenants and farmworkers therein. and management contracts subsisting as of June 1. including government entities. all persons. tenants and farmworkers who are qualified to be beneficiaries of the CARP. who shall be entitled to such incentives as may be provided for the PARC. the latest declared market value of the land as determined by the city or provincial assessor. These potential beneficiaries with the assistance of the PARC and the DAR shall provide the following data: a. Chapter IV Registration SEC. c.—Within one hundred eighty (180) days from the effectivity of this Act. Registration of Landowners. b. 14. except those who have already registered pursuant to Executive Order No. names and members of their immediate farm household. whether in their names or in the name of others.—The DAR in coordination with the Barangay Agrarian Reform Committee (BARC) as organized in this Act.LAND nor shall the enterprise and its employee-beneficiaries be prevented from entering into any agreement with terms more favorable to the latter. 1987. Oposa) SEC. shall file a sworn statement in the proper assessor’s office in the form to be prescribed by the DAR. “One does not sell the earth upon which the people walk. the description and area of the property. e. 1987. shall register all agricultural lessees. 229. that own or claim to own agricultural lands. d. 318 . 15.

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

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

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

22. All notices for voluntary land transfer must be submitted to the DAR within the first year of the implementation of the CARP. 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. seasonal farmworkers.LAND a. Said approval shall be considered given. In the event they cannot agree on the price of land. actual tillers or occupants of public lands. 21. however. b. collectives or cooperatives of the above beneficiaries. others directly working on the land. Provided. c. The voluntary agreement shall include sanctions for noncompliance by either party and shall be duly recorded and its implementation monitored by the DAR. and d.—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. f. landless residents of the same municipality in the following order of priority: a. 322 . upon registration with the approval by the DAR. which shall be binding upon them. regular 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. g. That actual tenant-tillers in the landholdings shall not be ejected or removed therefrom. The LBP shall extend financing to the beneficiaries for purposes of acquiring the land. unless notice of disapproval is received by the farmerbeneficiary within thirty (30) days from the date of registration. Qualified Beneficiaries. SEC.—The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay. 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. e. further. other farmworkers. and Provided. Payment of Compensation by Beneficiaries Under Voluntary Land Transfer. the procedure for compulsory acquisition as provided in Section 16 shall apply. Chapter VII Land Distribution SEC. c. b. agricultural lessees and share tenants. or in the absence thereof. if such offers have been made and are fully known to both parties.

SEC. The payments for the first three (3) years after the award may be at reduced amounts as established by the PARC. which award shall be completed within one hundred eighty (180) days from the time the DAR takes actual possession of the land. The beneficiaries may opt for collective ownership. Award to Beneficiaries. a landless beneficiary is one who owns less than three (3) hectares of agricultural land. The DAR shall submit periodic reports on the performance of the beneficiaries to the PARC. 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.—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. or workers on the land. they may be granted ownership of other lands available for distribution under this Act.—No qualified beneficiary may own more than three (3) hectares of agricultural land. SEC. If. That the first 323 . such as co-ownership or farmers cooperative or some other form of collective organization. Ownership of the beneficiary shall be evidenced by a Certificate of Land Ownership Award. and shall be recorded in the Register of Deeds concerned and annotated on the Certificate of Title. at the option of the beneficiaries. 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. aptitude. 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. Provided. lessees. 26. except in meritorious cases as determined by the PARC. 25. 24. For purposes of this Act. 27 who have culpably sold. which shall contain the restrictions and conditions provided for in this Act. there is not enough land to accommodate any or some of them. SEC. Payment by Beneficiaries. The DAR shall adopt a system of monitoring the record or performance of each beneficiary. due to the landowner’s retention rights or to the number of tenants.COMPREHENSIVE AGRARIAN REFORM PROGRAM Beneficiaries under Presidential Decree No. Award Ceilings for Beneficiaries. SEC. A basic qualification of a beneficiary shall be his willingness. and ability to cultivate and make the land as productive as possible. or abandoned their land are disqualified to become beneficiaries under this Program. disposed of. Provided.—The rights and responsibilities of the beneficiary shall commence from the time the DAR makes an award of the land to him. Distribution Limit. 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.—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. 23.

SEC.—In the case of farms owned or operated by corporations or other business associations. the latter shall compensate the beneficiary in one lump sum for the amounts the latter has already paid. however.—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. Chapter VIII Corporate Farms SEC.—Lands acquired by beneficiaries under this Act may not be sold. or to the government. as a condition for such transfer or conveyance. the LBP may reduce the interest rate or reduce the principal obligation to make the repayment affordable. 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. 27. and shall be given a reasonable time to harvest the same. as provided herein. or the LBP. SEC. be given due notice thereof by the BARC. Farms Owned or Operated by Corporations or Other Business Associations. In the event of such transfer to the LBP.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. A beneficiary whose land. 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. or to other qualified beneficiaries for a period of ten (10) years. The LBP shall have a lien by way of mortgage on the land awarded to the beneficiary. with prior approval of the DAR. The LBP shall advise the DAR of such proceedings and the latter shall subsequently award the forfeited landholding to other qualified beneficiaries. Standing Crops at the Time of Acquisition. If the land has not yet been fully paid by the beneficiary. to any heir of the beneficiary or to any other beneficiary who. The Provincial Agrarian Reform Coordinating Committee (PARCCOM) as herein provided. shall. and this mortgage may be foreclosed by the LBP for nonpayment of an aggregate of three (3) annual amortizations. 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. Transferability of Awarded Lands. in turn. together with the value of improvements he has made on the land. the rights to the land may be transferred or conveyed. 28. 29. has been foreclosed shall thereafter be permanently disqualified from becoming a beneficiary under this Act. 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. the following rules shall be observed by the PARC: 324 . Failing compliance herewith. shall cultivate the land himself. transferred or conveyed except through hereditary succession. Provided.

” — George William Curtis (T. as they may agree upon. with respect to their equity or participation. Homelots and Farmlots for Members of Cooperatives. Cayton) SEC. 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. SEC. Until a new agreement is entered into by and between the workers’ cooperative or association and the corporation or business association. 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. and woods. In case it is not economically feasible and sound to divide the land. rivers. under such terms and conditions. to be taken from the land owned by the cooperative or corporation. consistent with this Act. Upon certification by the DAR. That the following conditions are complied with: 325 . under such terms and conditions as may be agreed upon by them. lands shall be distributed directly to the individual workerbeneficiaries. 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.COMPREHENSIVE AGRARIAN REFORM PROGRAM In general. of mountains. “A man’s country is not a certain area of land. actually devoted to agricultural activities. The same principle shall be applied to associations. 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. Corporations or associations which voluntarily divest a proportion of their capital stock. Corporate Landowners. 31. but it is a principle. 30. In no case shall the compensation received by the workers at the time the shares of stocks are distributed be reduced. and patriotism is loyalty to that principle. bears in relation to the company’s total assets.—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. subject to confirmation by the DAR.—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.

That these individuals or entities realize gross sales in excess of five million pesos per annum unless the DAR. 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.—Pending final land transfer. shall be established. the beneficiaries shall be assured of at least one (1) representative in the board of directors. In order to safeguard the right of beneficiaries who own shares of stocks to dividends and other financial benefits. the agricultural land of the corporate owners or corporation shall be subject to the compulsory coverage of this Act. the books of the corporation or association shall be subject to periodic audit by certified public accountants chosen by the beneficiaries. b. individuals or entities owning. as compensation for such transitory managerial and technical functions as it will perform. and c. supervisory and technical group may conclude. SEC. Any shares acquired by such workers and beneficiaries shall have the same rights and features as all other shares. 32. In the event that the individual or entity realizes a profit. or in a management or executive committee. if one exists.LAND a. If within two (2) years from the approval of this Act. pursuant to an agreement that the farm worker-beneficiaries and the managerial. To forestall any disruption in the normal operation of lands to be turned over to the farmworker-beneficiaries mentioned above. supervisory and technical group in place at the time of the effectivity of this Act. 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. Production-Sharing. 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. upon proper application. subject to the approval of the DAR. a transitory period. of the corporation or association. the length of which shall be determined by the DAR. at least one percent (1%) of the gross sales of the entity shall be distributed to the managerial. Provided. if any. During this transitory period. d. 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. determines a lower ceiling. Irrespective of the value of their equity in the corporation or association. or operating under lease or management contract agricultural lands are hereby mandated to execute a production-sharing plan with their farmworkers or farmworkers’ organization. 326 .

Payment of Shares of Cooperative or Association. 327 . whereby seven and a half percent (7. 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.—Individuals or entities owning or operating fishponds SEC. Valuation of Lands.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. 4. 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.—A valuation scheme for the land shall be formulated by the PARC. Creation of Support Services Office. Chapter IX Support Services 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. 34.—There is hereby created the Office of Support Services under the DAR to be headed by an Undersecretary. 32-A. the PARC shall consult closely with the landowner and the workers-beneficiaries. 35. taking into account the factors enumerated in Section 17. In order to safeguard the right of the regular fishpond or prawn farm workers under the incentive plan. SEC. The landowner and the LBP shall assist the farmersbeneficiaries and workers-beneficiaries in the payment for said shares by providing credit financing. SEC. the price as determined by the PARC.A. In case of disagreement. 20 February 1995. shall be followed. No. 33.COMPREHENSIVE AGRARIAN REFORM PROGRAM Incentives. R. 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. if any. 7881. if accepted by the workers-beneficiaries. 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.—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. without prejudice to the landowner’s right to petition the Special Agrarian Court to resolve the issue of valuation.

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

personnel. 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. c. and d.—The DAR shall carry out land consolidation projects to promote equal distribution of landholdings. Investment information. for its supervision including all its applicable and existing funds. 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. b. Facilities. financial and counseling assistance. 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. equipment and records. SEC. including the forfeiture of the land transferred to him or lesser sanctions as may be provided by the PARC. Research. 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. without prejudice to criminal prosecution. or other government financial institutions may provide. to the extent of thirty percent (30%) of the face value of said LBP bonds. shall provide landowners affected by the CARP and prior agrarian reform programs with the following services: a. Misuse diversion of the financial and support services herein provided shall result in sanctions against the beneficiary guilty thereof. properties. Land Consolidation.COMPREHENSIVE AGRARIAN REFORM PROGRAM e. Support Services to Landowners. 329 .—The PARC with the assistance of such other government agencies and instrumentalities as it may direct. to provide the needed infrastructures in agriculture. The PARC shall formulate policies to ensure that support services to farmer beneficiaries shall be provided at all stages of land reform. the LBP. as well as promoting the marketability of said bonds in traditional and non-traditional financial markets and stock exchanges. SEC. the Central Bank and other government institutions and instrumentalities. The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) Secretariat shall be transferred and attached to the LBP. Marketing of LBP bonds. Other services designated to utilize productively the proceeds of the sale or such lands for rural industrialization. 38. or to such other incentives as the PARC. subject to guidelines that shall be issued by the LBP. 39. and to conserve soil fertility and prevent erosion.

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

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

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

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

SEC. or in connection with the application implementation. Frivolous Appeals.—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. however. The findings of fact of the DAR shall be final and conclusive if based on substantial evidence. their fellow farmers. enforcement. 54. Only one (1) motion for reconsideration shall be allowed. ruling or decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof.—Any case or controversy before it shall be decided within thirty (30) days after it is submitted for resolution. SEC. Finality of Determination. 51. however. SEC. 334 . No Restraining Order or Preliminary Injunction. 53. That when there are two or more representatives for any individual or group. Certificate of the BARC. including but not limited to fines or censures upon erring parties. Certiorari. the DAR may impose reasonable penalties. order.—Any decision. 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. Responsible farmer leaders shall be allowed to represent themselves. enforcement. 52. Chapter XIII Judicial Review SEC. 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.LAND to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court. award or ruling of the DAR on any agrarian dispute or on any matter pertaining to the application. or their organizations in any proceedings before the DAR.—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. the representatives should choose only one among themselves to represent such party or group before any DAR proceedings. 55. SEC. Provided. the decision of the DAR shall be immediately executory. dispute or controversy arising from. Notwithstanding an appeal to the Court of Appeals. Any order. Provided. or interpretation of this Act and other pertinent laws on agrarian reform. necessary to. implementation.

after which the case is deemed submitted for decision. 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. Special Jurisdiction. 59. The Court of Appeals. as the case may be. investigate and ascertain facts relevant to the dispute. The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision. as the case may be. 60. question. and the prosecution of all criminal offenses under this Act. 58. 56. or from any order. Orders of the Special Agrarian Courts.—Review by the Court of Appeals or the Supreme Court. SEC.—The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners. shall apply to all proceedings before the Special Agrarian Courts unless modified by this Act.COMPREHENSIVE AGRARIAN REFORM PROGRAM SEC.—No order of the Special Agrarian Courts on any issue. SEC. 61. The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging to the Regional Trial Courts. In the designation. SEC. upon their own initiative or at the instance of any of the parties.s—The Special Agrarian Courts. SEC. The Rules of Court. 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. shall be governed by the Rules of Court. 335 . the decision shall become final. and to file a written report thereof with the court. 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. SEC. Appeals.—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.—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. An appeal from the decision of the Court of Appeals. however. ruling or decision of the DAR. including the valuation of properties. Procedure on Review. 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. otherwise. Special Agrarian Court. 57. may require the parties to file simultaneous memoranda within a period of fifteen (15) days from notice. Appointment of Commissioner. may appoint one or more commissioners to examine. 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.

—All courts in the Philippines. Proceeds of the sales of the Assets Privatization Trust. Sources of funding or appropriations shall include the following: a. Chapter XV General Provisions SEC. Financial Intermediary for the CARP. c.LAND SEC. and shall ensure that the social justice objectives of the CARP shall enjoy a preference among its priorities. tried and decided into their finality. All receipts from assets recovered and from sales of ill-gotten wealth recovered through the Presidential Commission on Good Government. SEC. Chapter XIV Financing SEC. 65. infrastructures. 63. 62. Preferential Attention in Courts. 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 . shall give preferential attention to all cases arising or in connection with the implementation of the provisions of this Act. Conversion of Lands. Portion of amounts accruing to the Philippines from all sources of official foreign aid grants and concessional financing from all countries. when the land ceases to be economically feasible and sound for agricultural purposes. Other government funds not otherwise appropriated.—After the lapse of five (5) years from its award. and other support services required by this Act. notwithstanding the expiration of the ten-year period mentioned in Section 5 hereof. tries. to be used for the specific purposes of financing production credits. 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.—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. d. b. Funding Source. both trial and appellate.—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. All funds appropriated to implement the provisions of this Act shall be considered continuing appropriations during the period of its implementation. 229. 64. e.

furtherMuller more.A. except when the use of the land is more economically feasible and sound for fishpond and/or prawn farm. as certified by the Bureau of Fisheries and Aquatic Resources (BFAR). R.”— Robert the BFAR. with due notice to the affected parties. That the declaration shall not apply to environmentally critical projects and areas as contained in title (A) subparagraph two. 337 .” to ensure the protection of river systems. Siargao Mangrove Forest) peratives and organizations shall be given preference in the award of the Fishpond Lease Agreement (FLAs). the Department of Environment and Natural Resources (DENR) shall allow the lease and development of such areas. Provided. 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. number eleven (11) of Proclamation No. 1586. upon application of the beneficiary or the landowner. the De_______________________ 75 75 New section introduced by Sec. further. 7881. the DAR. That small-farmer coo(G. No. That the beneficiary shall have fully paid his obligation. (B-5) and (C-1) and title (B). and subject to existing laws. may authorize the reclassification or conversion of the land and its disposition. 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.COMPREHENSIVE AGRARIAN REFORM PROGRAM residential. 5. Provided. aquifers and mangrove vegetations from pollution and environmental degradation.—No conversion of SEC. 2146. 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. 20 February 1995. Conversion into Fishpond and Prawn Farms. 65-A. commercial or industrial purposes. Tapan. 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. In such case. and a simple and absolute majority of the regular farm workers or tenants agree to the conversion. Provided. Provided.

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

in the meantime. 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. Prohibited Acts and Omissions. free from payment of all fees and other charges. regardless of area. 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.—The following are prohibited: 339 . SEC. b. been transferred to qualified beneficiaries. 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. in the exercise of its functions. subject to existing laws on compulsory transfer of foreclosed assets and acquisition as prescribed under Section 16 of this Act.—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. the Department of Agriculture (DA). SEC. 70. 72. is hereby authorized to call upon the assistance and support of other government agencies. bureaus and offices. SEC. and the like shall be disposed of as follows: a. prohibition or mandamus shall be issued by the lower courts against the Department of Agrarian Reform (DAR). restraining order. grower or service contracts. titles and documents required for the implementation of the CARP. 73. Grower or Service Contracts. SEC.—The PARC. SEC. and Other Claims. 68.—No injunction. management.—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. SEC. Immunity of Government Agencies from Undue Interference. including government-owned or controlled corporations. 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. Lease. the Department of Environment and Natural Resources (DENR). Mortgages. 67. Lease. Assistance of Other Government Entities. 71. 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. Free Registration of Patents and Titles.COMPREHENSIVE AGRARIAN REFORM PROGRAM SEC. and the Department of Justice (DOJ) in their implementation of the program.—Lands covered by this Act under lease. Disposition of Private Agricultural Lands. Management.—All Registers of Deeds are hereby directed to register. may acquire title to these mortgaged properties. Bank Mortgages. patents. management. 69.

27 and 266 as amended. 76. shall be conclusive for the purpose of this Act.LAND a. the sale and/or transfer of agricultural land in cases where such sale.000. both series of 1987. paragraph (e). 946. 75. The sale. 20 February 1995. Presidential Decree Nos. d. 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. 316. _______________________ 79 79 New section introduced by Sec. the last two paragraphs of Section 12 of Presidential Decree No. 3844 as amended. as the case may be. The ownership or possession. SEC. R.00).A. and other laws not inconsistent with this Act shall have suppletory effect. The sale. Exception—The provisions of Section 73. Penalties. the officer responsible therefore shall be criminally liable. transfer or conveyance is made necessary as a result of a bank’s foreclosure of the mortgaged land is hereby permitted.—The provisions of Republic Act No. trary notwithstanding. 74. 7881. 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. b. except those under collective ownership by farmer beneficiaries. 228 and 229. in order to circumvent the provisions of this Act. or both. Suppletory Application of Existing Legislation. to the conSEC.—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. Executive Order Nos. association or entity of the implementation of the CARP. transfer. for the purpose of circumventing the provisions of this Act. SEC.—Section 35 of Republic Act No. No. 73-A.000.00) and not more than fifteen thousand pesos (P15. 5. of agricultural lands in excess of the total retention limits or award ceilings by any person. If the offender is a corporation or association. SEC. The willful prevention or obstruction by any person. 340 . e. c. Repealing Clause. 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. 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. 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. at the discretion of the court. 3844. Presidential Decree No.

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

15 February 1990 Association of Small Landowners v. 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. 175 SCRA 343. Hence. Department of Agrarian Reform Republic Act 6657. 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. known as the Comprehensive Agrarian Reform Law is constitutional. 1989 342 . hence constitutional. and thus. Since in land reform the owner seldom gets what he wants for his property. unfair. a government-owned and controlled corporation. some other device was found necessary. As to the mode of compensation Since the Agrarian Reform Program does not deal with traditional expropriation. 61293. it is understandable for government not to immediately have the money needed for compensation. G.R. 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.LAND Maddumba v. GSIS The GSIS. for the government to compel him further to discount those notes would be another sacrifice. title also remains with the landowner. Until then.

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

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

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

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

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. These are classified according to those involved as follows: A. and Recognition of Ancestral Domains/Claims. 80 347 . Community-Based Forest Management Agreement (CBFMA): This is the current instrument used in the country under EO 263. CBFMA can also take other forms as discussed below: a.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. ISFP. CFP. This includes FLMP. Coastal Environment Program (CEP). Integrated Rainforest Management Project (IRMP). Certificate of Stewardship Contract (CSC): This is an agreement between and among the government and an individual forest occupant or families. possession and sustainable development over a designated portion of the CBFM project. 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. 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. sell and utilize products _______________________ CBFM has integrated and unified all people oriented forestry programs. LIUCP. 2. Communities 80 1. Upland Development Program (UDP). Forest Land Management Program (FLMP): This provides sole and exclu sive rights to its participants to occupy. CSCs are subject to the allocation and endorsement of the PO. b. Forestry Sector Project (FSP). Series of 1995. Programs Prior to CBFMA: a. This assures the latter peaceful occupation. The agreement is binding for 25 years and renewable for another 25 years. develop and manage specified areas of forest lands. It also includes the privilege to harvest. c. Regional Resources Management Project (RRMP).

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

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

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

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

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

this 23rd day of January. rules and regulations before the promulgation of this Decree. who have subsequently complied with existing mining laws. shall promulgate rules and regulations to properly implement the provisions of this Decree. which he may deem unnecessary for the proper implementation of the provisions of this Decree. 9. except income tax. SEC. managed or controlled by an individual or entity qualified under existing mining laws. 5. SEC. A permit or license issued for this purpose shall be valid for two (2) years renewable for another like period. The Bureau of Mines and Geosciences shall provide technical assistance. amended. SEC. as determined by the Director of Mines and Geo-Sciences. Owned. SEC. 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. 7. 8. 2. who have subsequently complied with existing mining rights. either open cast or shallow underground mining. SEC. This Decree shall take effect immediately. be exempt from payment of all taxes. 10. Minimal investment on infrastructures and processing plant. during the term of the permit or license. The Director of Mines and Geosciences may waive some other requirements from other government agencies. whenever feasible. All laws. letter of instructions. Non-compliance with these requirements shall result in the forfeiture of the rights granted under this Decree. The working is artisanal. which are inconsistent with any provisions of this Decree. The Minister of Natural Resources. 2. rules and regulations.MINERALS 1. rules and regulations. are hereby repealed. 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. administrative orders. SEC. 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. The holders of mining rights meeting the conditions of the preceding section may apply at any time as small-scale mining permittee/licensee. SEC. SEC. provided they are holders of valid and existing mining rights. 6. or modified accordingly. upon the recommendation of the Director of Mines and Geosciences. 1984. and 4. shall be closed to mining location and the permittee/licensee shall have the first option to locate such areas under other mining laws/decrees. Done in the City of Manila. 3. 4. or parts thereof. and its immediate vicinity. SEC. Heavy reliance on manual labor. 353 . The small-scale mining permittee/licensee shall. 3. The permit area falling under this Section. executive orders.

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

Director refers to the regional executive director of the Department of Environment and Natural Resources. including the financial plan and other resources in support thereof. Active mining area refers to areas under actual exploration. lease. k. Small-scale mining contractor refers to an individual or a cooperative of smallscale miners.PEOPLE’S SMALL-SCALE MINING b. polishing and other similar activities. cyanidation. in the extraction or removal of minerals or ore-bearing materials from the ground. 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. sizing. f. and m. c. 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. Processor refers to a person issued a license to engage in the treatment of minerals or ore-bearing materials such as by gravity concentration. 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. license or permit covering a mineralized area prior to its declaration as a people’s small-scale mining area. there is hereby established a People’s 355 . d. h. registered with the Securities and Exchange Commission or other appropriate government agency. Small-scale miners refers to Filipino citizens who. Existing mining right refers to perfected and subsisting claim. l. cutting. i. Small-scale mining contract refers to co-production. 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. License refers to the privilege granted to a person to legitimately pursues his occupation as a small-scale miner or processor under this Act. leaching benefication. voluntarily form a cooperative duly licensed by the Department of Environment and Natural Resources to engage. j. e. Secretary refers to the Secretary of the Department of Environment and Natural Resources. but in no case to exceed the maximum area allowed by law. g. 4. Claim owner refers to a holder of an existing mining right. Mining plan refers to a two-year program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials. under the terms and conditions of a contract. People’s Small-Scale Mining Program. SEC.—For the purpose of carrying out the declared policy provided in Section 2 hereof. individually or in the company of other Filipino citizens.

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

7. 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. SEC. claim-owner. and Other related circumstances. private roads. Quantity of mineral deposits. f. b. SEC.) 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. c. the Director. subject to payment of reasonable fees to the operator. Environmental impact and other considerations. the members of the cultural communities therein shall be given priority in the awarding of small-scale mining contracts. landowner or lessor. Ancestral Lands. 10.PEOPLE’S SMALL-SCALE MINING SEC. in consultation with the operator. 463. but in no case shall the area exceed twenty hectares (20 has. otherwise known as the Mineral Resources Development Decree of 1974. if ancestral lands are declared as people’s small-scale mining areas. shall determine the right of the small-scale miners to existing facilities such as mining and logging roads.—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.—The Board shall determine the reasonable size and shape of the contract area following the meridional block system established under Presidential Decree No. Size of mineralized area. 8. That priority shall be given to small-scale miners residing in the province or city where the small-scale mining area is located. port and communication facilities. processing plants which are necessary for the effective implementation of the People’s Small-Scale Mining Program. landowner or lessor of an affected area. Easement Rights. Provided. further. Size of membership and capitalization of the cooperative. 9. Extent of Contract Area.—Upon the declaration of a people’s small-scale mining area. 357 . 11. Award of People’s Small-Scale Mining Contracts. SEC. That. e. Registration of Small-Scale Miners. d. Safety of miners. claim-owner.—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. 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.—No ancestral land may be declared as a people’s small-scale mining area without the prior consent of the cultural communities concerned: Provided. as amended.

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 . SEC. royalties or government production share as are now or may hereafter be provided by law. e. Rights Under a People’s Small-Scale Mining Contract. In no case shall a small-scale mining contract be sub-contracted. subject to verification by the Board.—In case a site declared and set aside as a people’s small-scale mining area is covered by an existing mining right. 12. Comply with pertinent rules and regulations on environmental protection and conservation. That the holder of a small-scale mining contract shall have the following duties and obligations: a. Abide by the Mines and Geosciences Bureau and the Small-Scale Mining Safety Rules and Regulations. Rights of Claim-owners. 13. File under oath at the end of each month a detailed production and financial report to the Board. Smith (Y. Assume responsibility for the safety of persons working in the mines. extract and dispose of mineral ores for commercial purposes. mineral-processing and pollution control. and g. Terms and Conditions of the Contract. c. Lee) f.” — Martin C. particularly those on tree-cutting. “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. d.—A people’s small-scale mining contract entitles the small-scale mining contractor to the right to mine. SEC. for like periods as long as the contractor complies with the provisions set forth in this Act. Pay all taxes. and confers upon the contractor the right to mine within the contract area: Provided. Undertake mining activities only in accordance with a mining plan duly approved by the Board. renewable. b.LAND SEC. 14. Comply with his obligations to the holder of an existing mining right.—A contract shall have a term of two (2) years. assigned or otherwise transferred.

PEOPLE’S SMALL-SCALE MINING values from the area under claim. In case of disagreement. b. rental. 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. free access to the contract area to conduct metallurgical tests. and real property taxes. Custom Mills. 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.—All gold produced by small-scale miners in any mineral area shall be sold to the Central Bank. SEC. He may sell the tailings or have them processed in any custom mill in the area: Provided. Rights of Private Landowners. Ownership of Mill Tailings. Said landowner may oppose such plan or petition in an appropriate proceeding and hearing conducted before the Board. 18. 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. and c. the claim-owner shall be entitled to the following rights and privileges: a. The Central Bank shall establish as many buying stations in gold-rush areas to fully service the requirements of the small-scale minerals thereat. 15. the Government shall construct such custom mills upon the recommendation of the Board based on the viability of the project. That. or its duly authorized representatives. SEC.—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. the claim-owner shall have a preemptive right to purchase said mill tailings at the prevailing market price. Sale of Gold. if the small-scale mining contractor decides to sell its mill tailings. 17. provided such activities do not unduly interfere with the operations of the small-scale miners. 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. explorations and other activities. In mining areas where the private sector is unable to establish custom mills. 16. SEC. Subject to the approval of the Board.—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. further. 359 . which shall buy it at prices competitive with those prevailing in the world market regardless of volume or weight.—The small-scale mining contractor shall be the owner of all mill tailings produced from the contract area. Exemption from the performance of annual work obligations and payment of occupation fees. That royalties paid to the owner shall in no case exceed one percent (1%) of the gross value of the minerals recovered as royalty. If a private land is declared as a people’s small-scale mining area.

In addition. upon recommendation of the Director. 20. the Secretary may impose fines against the violator in an amount of not less than twenty thousand pesos (P20.—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. as well as the abandonment of the mining site by the contractor. 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. herein called the Board. SEC. health and environmental protection. or the like. 1987 as determined by the Board shall not be dispossessed. 21. 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. health. SEC.—The Secretary.00). Custom mills shall be constituted as withholding agents for the royalties. production share or other taxes due the government. Provincial/City Mining Regulatory Board. Non-payment of the fine imposed shall render the small-scale mining contractor ineligible for other small-scale mining contracts. Rescission of Contracts and Administrative Fines. which shall be the implementing agency of the 360 .—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.—There is hereby created under the direct supervision and control of the Secretary a provincial/city mining regulatory board.00) and not more than one hundred thousand pesos (P100. The Department shall establish assay laboratories to cross-check the integrity of custom mills and to render metallurgical and laboratory services to mines.—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. The fund shall also be made available to address the needs of the small-scale miners brought about by accidents and/or fortuitous events. Reversion of People’s Small-Scale Mining Areas. 22. and environmental conditions warrant that the same shall revert to the State for proper disposition.000. That they comply with the provisions of this Act. SEC. 24. 23. SEC. People’s Small-Scale Mining Protection Fund.000. SEC. shall constitute a ground for the cancellation of the contracts and the ejectment from the people’s small-scale mining area of the contractor.—Small-scale miners who have been in actual operation of mineral lands on or before August 1. and the establishment of mine rescue and recovery teams including the procurement of rescue equipment necessary in cases of emergencies such as landslides. SEC. ejected or removed from said areas: Provided. Government Share and Allotment. 19. tunnel collapse.

Formulate and implement rules and regulations related to small-scale mining. Priority shall be given to such rules and regulations that will ensure the least disruption in the operations of the small-scale miners. 1991. Separability Clause. and the representative of the governor or city mayor. Administrative Supervision over the People’s Small-Scale Mining Program. 27. 30. d. and other issuances.—All laws. b. SEC. Award contracts to small-scale miners. executive orders.—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. Settle disputes. 361 . and shall exercise the following powers and functions. c. one (1) small-scale mining representative. Composition of the Provincial/City Mining Regulatory Board. SEC. Penal Sanctions. one (1) big-scale mining representative. 29. Approved: June 27. decrees.PEOPLE’S SMALL-SCALE MINING Department. as members. Reserve future gold and other mining areas for small-scale mining. Effectivity. SEC.—The Board shall be composed of the Department of Environment and Natural Resources representative as Chairman. in conflict or inconsistent with this Act are hereby repealed or modified accordingly. an area that is declared a small-mining area. tools and instruments. The Department shall provide the staff support to the Board. SEC. 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. 26. subject to review by the Secretary: a. Declare and segregate existing gold-rush areas for small-scale mining. Repealing Clause. e. The representatives from the private sector shall be nominated by their respective organizations and appointed by the Department regional director. letters of instruction. Perform such other functions as may be necessary to achieve the goals and objectives of this Act.—This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a national newspaper of general circulation.—Any section or provision of this Act which may be declared unconstitutional shall not affect the other sections or provisions hereof. and f. conflicts or litigations over conflicting claims within a people’s small-scale mining area. 25. as the case may be. 28. rules and regulations. SEC. and the representative from a non-government organization who shall come from an environmental group.—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. or parts thereof. SEC.

LAND Philippine Mining Act (Republic Act 7942) Chapter I Introductory Provisions SECTION 1.—As used in and for purposes of this Act.—This Act shall be known as the “Philippine Mining Act of 1995. occupied. It shall be the responsibility of the State to promote their rational exploration. Tapan) SEC.S. 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. 362 . and as may be defined and delineated by law. Declaration of Policy. shall mean: a. whether in singular or plural. Definition of Terms. 3. “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. development.” SEC. Lewis (G.—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.” — C. the following terms. 2. Ancestral lands refers to all lands exclusively and actually possessed. or utilized by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial. Title.

including the construction of necessary infrastructure and related facilities. Exclusive economic zone means the water. Environmental Impact Statement (EIS) is the document which aims to identify. l. o. i. Contract area means land or body of water delineated for purposes of exploration. Contiguous zone refers to water. j. f. e. interpret. Bureau means the Mines and Geosciences Bureau under the Department of Environment and Natural Resources. 363 . g. predict. c.m. Department means the Department of Environment and Natural Resources. k. and substratum measured twenty-four nautical miles (24 n. n. sea bottom. Carrying capacity refers to the capacity of natural and human environments to accommodate and absorb change without experiencing conditions of instability and attendant degradation.PHILIPPINE MINING ACT b. 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. Director means the Director of the Mines and Geosciences Bureau.). 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. Block or meridional block means an area bounded by one-half minute of latitude and one-half minute of longitude. m.m. development. Co-production agreement (CA) means an agreement entered into between the government and one or more contractors in accordance with Section 26 (b) hereof. h. 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. containing approximately eighty-one hectares (81 has.) seaward from the base line of the Philippine archipelago.) offshore. Development means the work undertaken to explore and prepare an ore body or a mineral deposit for mining. 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. or utilization of the minerals found therein. sea bottom and subsurface measured from the baseline of the Philippine archipelago up to two hundred nautical miles (200 n. d.

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

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

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

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

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

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

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

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

or corporations. c. 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. technology. associations. 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. 26. The contractor shall provide the financing. cooperatives. one hundred (100) blocks. two hundred (200) blocks. associations. For individuals. Onshore. In addition.—For purposes of mining operations. in the entire Philippines— 1. For partnerships. b. That in case the applicant has been in the mining industry for any length of time. Aside from earnings in equity. 372 . the government shall be entitled to a share in the gross output. SEC. associations. management and personnel necessary for the implementation of this agreement. Eligibility. a mineral agreement may take the following forms as herein defined: a. and 2. For individuals. 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. or corporations. 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. 28. Maximum Areas for Mineral Agreement. 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 any one province— 1. cooperatives. Modes of Mineral Agreement. ten (10) blocks. SEC.—A qualified person may enter into any of the three (3) modes of mineral agreement with the government for the exploration. and 2. development and utilization of mineral resources: Provided. 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. Onshore.LAND Chapter V Mineral Agreements SEC.—The maximum area that a qualified person may hold at any time under a mineral agreement shall be: a. b. For partnership. 27. twenty (20) blocks.

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

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

when proper. subject to the relinquishment obligations. e. foreign investments in local enterprises which are qualified for repatriation. Representations and warranties that the contractor has. and local supplier’s credits and such other generally accepted and permissible financial schemes for raising funds for valid business purposes. h. accounting. for conducting its mining operations for and in the contract area. the contractor shall not raise any form of financing from domestic sources of funds. i.PHILIPPINE MINING ACT d. 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. 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. Provide for consultation and arbitration with respect to the interpretation and implementation of the terms and conditions of the agreements. The mining operations shall be conducted in accordance with the provisions of this Act and its implementing rules and regulations. 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. Representations and warranties that. m. n. Work programs and minimum expenditures commitments. k. providing an exploration period up to two (2) years. g. and o. except for payments for dispositions for its equity. Representations and warranties that the applicant has all the qualifications and none of the disqualifications for entering into the agreement. if circumstances demand. The contractors shall furnish the government records of geologic. or has access to all the financing. j. whether in Philippine or foreign currency. and that book of accounts and records shall be open for inspection by the government. and other relevant data for its mining operations. 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. Preferential use of local goods and services to the maximum extent practicable. and further. 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. 375 . 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. managerial and technical expertise and. l. f.

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

pumice.) at any one time. Cancellation of Quarry Permit. The permittee shall also pay the excise tax as provided by pertinent laws. marble. granite. The provincial governor shall grant the permit after the applicant has complied with all the requirements as prescribed by the rules and regulations. Small-Scale Mining. SEC. The maximum area which a qualified person may hold at any one time shall be five hectares (5 has. Industrial Sand and Gravel Permit. Chapter VIII Quarry Resources SEC. 45. 46. granite.) and in such quantities as may be specified in the permit. Quarry Fee and Taxes. 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 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. SEC. serpentine. 42. SEC. 377 . perlite and other similar materials that are extracted by quarrying from the ground. Quarry Permit.—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. basalt. during the term of his permit. andesite. tuff.—Small-scale mining shall continue to be gov85 erned by Republic Act No. _______________________ 85 People’s Small-Scale Mining Act. 43.): Provided. That in large-scale quarry operations involving cement raw materials. gabbro. the holder thereof shall be given the opportunity to be heard in an investigation conducted for the purpose. clay for ceramic tiles and building bricks. 47.—A permittee shall.PHILIPPINE MINING ACT Chapter VII Small-Scale Mining SEC. Commercial Sand and Gravel Permit. conglomerate. sand and gravel construction aggregates. SEC.—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. adobe. That before the cancellation of such permit. 44. inset filling materials. 7076 and other pertinent laws. without undergoing processing from an area of not more than five hectares (5 has.—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.

Private Gratuitous Permit. 51.—Any owner of land may be granted a private gratuitous permit by the provincial governor. and Processing of Minerals SEC. In the case of mineral ores or minerals being trans- 378 . Ore Transport Permit. That monthly reports of the quantity of materials extracted therefrom shall be submitted to the mines regional office concerned: Provided. That said right shall be co-terminous with the expiry days of the lease. SEC. 49. 48. renewable for a like period but not to exceed a total term of twenty-five (25) years. SEC. Chapter IX Transport. 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. Gemstone Gathering Permit. Transport permits shall be issued by the mines regional director who has jurisdiction over the area where the ores were extracted. Sale. 52. SEC.—A permit specifying the origin and quantity of non-processed mineral ores or minerals shall be required for their transport.—Any government entity or instrumentality may be granted a gratuitous permit by the provincial governor to extract sand and gravel. That said right shall be co-terminous with the expiration of the agreement. 50. 53. Exclusive Sand and Gravel Permit.—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. Guano Permit. Holders of existing mining leases shall likewise have the same rights as that of a contractor: Provided. SEC. 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.LAND The permit shall have a term of five (5) years.) for a period co-terminous with said construction. SEC. however.—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. further.—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. A mineral agreement or a financial technical assistance agreement contractor shall. 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. provided that there will be no commercial disposition thereof. Government Gratuitous Permit.

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

milling. Services. 61. or c. subject to the provisions of Com86 monwealth Act No. for technical and specialized work which. development or utilization of mineral resources: Provided. 5701 and P. _______________________ Philippine Immigration Act of 1940. In special cases. national or local. 503.—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. That in no case shall each employment exceed five (5) years or the payback period as represented in original project study. on public lands by the contractor.—A contractor shall give preference to the use of local goods. Employment of Filipinos. further. however. Use of Indigenous Goods.—Prior to cessation of mining operations occasioned by abandonment or withdrawal of operations. Present evidence of his qualification and work experience. may be permitted to work by the Director for a period not exceeding one (1) year: Provided. the Director may grant waivers or exemptions. and are available on equivalent terms as their imported counterparts. and Technologies. otherwise. 86 380 . 62. 144. 4376. subject to the necessary government clearance. SEC. Donations/Turnover of Facilities. 135. Nos. Shall pass the appropriate government licensure examination.—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. SEC. 287. the latter shall have a period of one (1) year therefrom within which to remove his improvements. 613. employ qualified foreigners.LAND SEC. or b. all the social infrastructure and facilities shall be turned over or donated tax-free to the proper government authorities. 59. 60. services and scientific and technical resources in the mining operations. Training and Development. For highly-technical and specialized mining operations. as amended by R.A.D. where the same are of equivalent quality. 749. 524. 118. That each foreigner employed as mine manager. SEC. however. The contractor. 1901. requires highly specialized training or long experience in exploration. as amended. vice-president for operations or in an equivalent managerial position in charge of mining. No. to ensure that said infrastructure and facilities are continuously maintained and utilized by the host and neighboring communities. whichever is longer: Provided. quarrying or drilling operation shall: a. That if reciprocal privileges are extended to Filipino nationals in the country of domicile. shall not be hindered from hiring employees of his own selection. including the management thereof. 5171. the contractor may. in his judgment and with the approval of the Director.

—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. SEC. 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. 66. causing or creating the danger of loss of life or serious physical injuries. 64. Report of Accidents —In case of any incident or accident. SEC. the mines regional director may summarily suspend the mining or quarrying operations until the danger is removed. forthwith or within such time as specified in his order.—The mines regional director shall. Mine Inspection. Personnel of the Department involved in the implementation of mines safety. Mines Safety and Environment Protection. the person in charge of operations shall immediately report the same to the regional office where the operations are situated. 381 . In case of imminent danger to life or property.—Every contractor shall undertake an environmental protection and enhancement program covering the period of the mineral agreement or permit. 67. Power to Issue Orders. SEC. and one (1) registered foreman. regeneration. SEC. SEC. Environmental Protection. surface or underground. 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. 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. require the contractor to remedy any practice connected with mining or quarrying operations. health and environmental 87 rules and regulations shall be covered under Republic Act No. revegetation and reforestation of mineralized areas. SEC. or appropriate measures are taken by the contractor or permittee.—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.—The regional director shall have exclusive jurisdiction over the safety inspection of all installations. 68. Mine Supervision. slope stabilization of mined-out and _______________________ 87 The Magna Carta for Public Health Workers (26 May 1992). Mine Labor. which is not in accordance with safety and antipollution laws and regulations. The work program shall include not only plans relative to mining operations but also to rehabilitation. in consultation with the Environmental Management Bureau. 63. 65. 7305.—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.PHILIPPINE MINING ACT Chapter XI Safety and Environment Protection SEC.

the inferior aspects of rehabilitation.— Contractors and permittees shall technically and biologically rehabilitate the excavated. 70. Failure one.” — Confucius (N. and disemboweled for a useless piece of vernmental organizations shall be shiny metal called gold. SEC. Rehabilitation. Oshima) to fulfill the above obligation shall mean immediate suspension or closure of the mining activities of the contractor/permittee concerned. as may be provided in the implementing rules and regulations of this Act. 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. aquaculture. 382 . watershed development and water conservation. This priceless landscape will be scraped off the face People’s organizations and nongoof the earth. mined-out. tailings covered and disturbed areas to the condition of environmental safety. technical and preventive “The superior man seeks what is right. Environmental Impact Assessment (EIA). SEC. what is profitable. nongovernmental and people’s organizations and other concerned sectors of the community: Provided.LAND tailings covered areas. 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. 71. 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. and socioeconomic development. and prior consultation with the local government units. A mine rehabilitation fund shall be created. That a completed ecological profile of the proposed mining area shall also constitute part of the environmental impact assessment.—Except during the exploration period of a mineral agreement or financial or technical assistance agreement or an exploration permit.

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

—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. and duly designated by the Secretary as recommended by the Mines and Geosciences Bureau Director. the prevailing prices in and around the area where the mining operations are to be conducted. Within thirty (30) working days. Disputes pending before the Bureau and the Department at the date of the effectivity of this Act. Appellate Jurisdiction. Disputes involving surface owners. occupant. further. said members shall come from the different bureaus of the Department in the region. 78. Mines Adjudication Board. the person authorized to conduct mining operation shall. The presiding officer thereof shall be selected by the drawing of lots. 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. Disputes involving mineral agreements or permits.—There shall be a panel of arbitrators in the regional office of the Department composed of three (3) members. Chapter XIII Settlement of Conflicts SEC. His tenure as presiding officer shall be on a yearly basis. with surety or sureties satisfactory to the regional director. 77. Those designated as members of the panel shall serve as such in addition to their work in the Department without receiving any additional compensation. post a bond with the regional director based on the type of properties. c. and d. Disputes involving rights to mining areas. SEC. The Board shall have the following powers and functions: 384 . 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. 79. after the submission of the case by the parties for decision. Panel of Arbitrators. 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. That to guarantee such compensation.LAND face owner. the panel shall have exclusive and original jurisdiction to hear and decide on the following: a. b. or concessionaire as a consequence of such operations shall be properly compensated as may be provided for in the implementing rules and regulations: Provided. occupants and claimholders/ concessionaires. SEC. As much as practicable. prior thereto.—The Mines Adjudication Board shall be composed of three (3) members.

PHILIPPINE MINING ACT a. papers. and impose appropriate penalties therefore. agreements. 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. 80. refer technical matters or accounts to an expert and to accept his report as evidence after hearing of the parties upon due notice. summon the parties to a controversy. give all such directions as it may deem necessary or expedient in the determination of the dispute before it. defect or irregularity. conduct its proceedings or any part thereof in public or in private. c.—The total government share in a mineral production sharing agreement shall be the excise tax 385 . To conduct hearings on all matters within its jurisdiction. To promulgate rules and regulations governing the hearing and disposition of cases before it. direct parties to be joined in or excluded from the proceedings. Government Share in Mineral Production Sharing Agreement. and dismiss the mining dispute as part thereof. 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. adjourn its hearing at any time and place. contracts. statement of accounts. or waive any error. records. To hold any person in contempt. as well as those pertaining to its internal functions. where it is trivial or where further proceedings by the Board are not necessary or desirable: 1. issue subpoenas requiring the attendance and testimony of witnesses or the production of such books. b. To enjoin any or all acts involving or arising from any case pending before it which. the parties may be represented by legal counsel. and such rules and regulations as may be necessary to carry out its functions. proceed to hear and determine the disputes in the absence of any party thereto who has been summoned or served with notice to appear. and to testify in any investigation or hearing conducted in pursuance of this Act. 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. correct. whether in substance or in form. In any proceeding before the Board. may cause grave or irreparable damage to any of the parties to the case or seriously affect social and economic stability. and 2. amend. In any proceeding before the Board. and other documents as may be material to a just determination of the matter under investigation. To administer oaths. all in the interest of due process. directly or indirectly. Chapter XIV Government Share SEC. 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.

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

upon recommendation of the Bureau Director.—One hundred pesos (P100. For this purpose. marine life and aquatic resources. Lands.— Fifty pesos (P50. The mine wastes and tailings fee shall accrue to a reserve fund to be used exclusively for payment for damages to: a. Occupation Fees. If the fee is not paid on the date specified. Infrastructure and the revegetation and rehabilitation of silted farm lands and other areas devoted to agriculture and fishing caused by mining pollution. the appropriate officer shall submit to the treasurer of the municipality or city where the onshore mining area is located. SEC. cultural resources.—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. indicating therein the names of the holders. agricultural crops and forest products. b. however. location. financial or technical assistance agreement or exploration permit on public or private lands. area in hectares. and c. it shall be increased by twenty-five percent (25%). b. 86. upon the recommendation of the Director. Mine Wastes and Tailings Fees. 84. SEC.00) per hectare or fraction thereof per annum. 85. Lives and personal safety. For mineral agreements and financial or technical assistance agreements. The Secretary is authorized to increase the occupation fees provided herein when the public interest so requires.—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.—There shall be collected from any holder of a mineral agreement.00) per hectare or fraction thereof per annum. For mineral reservation. Excise Tax on Mineral Products. and date registered. 87. when public interest so requires.00) per hectare or fraction thereof per annum.PHILIPPINE MINING ACT SEC. or to the Director in case of offshore mining areas. That with respect to a mineral production sharing agreement. a complete list of all onshore mining rights registered with his office. The Secretary is authorized to increase mine wastes and tailings fees. SEC. 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. an annual occupation fee in accordance with the following schedule: a. Manner of Payment of Fees. and c. For exploration permit—Five pesos (P5. the excise tax on mineral products shall be the government share under said agreement. It shall be paid to the treasurer of the municipality or city where the onshore mining areas are located. 387 .

and financial or technical assistance agreements shall be entitled to the applicable fiscal and non-fiscal incentives as provided for under Executive Order No.—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. 88. That payment of mine wastes and tailings fees is not exempted. constructed or installed by contractors shall not be considered as improvements on the land or building where they are placed.—The contractors in mineral agreements. 93. 90.—Fixed assets may be depreciated as follows: a. 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. Income Tax-Carry Forward of Losses. That the contractor notifies the Bureau of 388 .LAND SEC. however. and the depreciation thereon allowed as deduction from taxable income: Provided. SEC.—Pollution control devices acquired. or b. Income Tax-Accelerated Depreciation. Allocation of Occupation Fees. 89.—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. otherwise known as the Omnibus Investments Code of 1987: Provided. 92. further. and shall not be subject to real property and other taxes or assessments: Provided. SEC. 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. The entire amount of the loss shall be carried over to the first of the five (5) taxable years following the loss.—The Secretary is authorized to charge reasonable filing fees and other charges as he may prescribe in accordance with the implementing rules and regulations. SEC. Depreciated over any number of years between five (5) years and the expected life if the latter is more than ten (10) years. 91. Incentives. Chapter XVI Incentives SEC. Filing Fees and Other Charges. SEC. In a chartered city. 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. 226. Incentives for Pollution Control Devices. the full amount shall accrue to the city concerned. That mining activities shall always be included in the investment priorities plan.

b. 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. Requisition of investment. c. In such cases. Foreign loans and contracts. depreciation of properties directly used in the mining operations. That the total amount deductible for exploration and development expenditures shall not exceed twenty-five percent (25%) of the net income from mining operations. unless otherwise provided in this Act. 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. Remittance of earnings. d.—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 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. Freedom from expropriation.—The right to be free from expropriation by the government of the property represented by investments or loans. Just compensation shall be determined and paid either at the time or immediately after cessation of the state of 389 . milling and marketing expenses.—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. 94. Investment Guarantees. Allowable deductions shall include mining.—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.PHILIPPINE MINING ACT Internal Revenue at the beginning of the depreciation period which depreciation rate allowed by this section will be used. Repatriation of investments. In computing for taxable income. the contractor may. 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. 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. at his option. Net income from mining operation is defined as gross income from operations less allowable deductions which are necessary or related to mining operations. 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. e.—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. SEC.

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

00). partnerships.—Any person extracting minerals and disposing the same without a mining agreement. SEC. in addition. in addition. 106.000. Illegal Obstruction to Permittees or Contractors.000. 101. upon conviction. damages or destroys any machine. at the discretion of the appropriate court. financial or technical assistance agreements and permits shall. 102. pay compensation for the damages caused thereby. upon conviction. without justifiable cause. be imprisoned from six (6) months to six (6) years or pay a fine from Ten Thousand Pesos (P10.—Any person who willfully destroys or damages structures in or on the mining area or on the mill sites shall. extracted. shall be guilty of arson and shall be punished.PHILIPPINE MINING ACT Chapter XIX Penal Provisions SEC.00). or any other things used in a mine. he shall be liable to pay damages and compensation for the minerals removed. by the appropriate court in accordance with the provisions of the Revised Penal Code and shall. shall be punished. SEC. permit. False Statements. pay compensation for the damages caused thereby. upon conviction. by the appropriate court. In the case of associations. be penalized by a fine not exceeding ten thousand pesos (P10. SEC.00). 105.00) to Twenty Thousand Pesos (P20. Theft of Minerals. be imprisoned for a period not to exceed five (5) years and shall.—Any person who willfully damages a mine. and disposed of.—Any person who knowingly presents any false application. Destruction of Mining Structures. or partnership. 103. prevents or obstructs the holder of any permit. in addition. corporation. SEC. be penalized by a fine not exceeding fifty thousand pesos (P50. Willful Damage to a Mine. chain. rope. or renders useless. upon conviction. upon conviction. tackle.000. upon conviction by the 391 .—Any person undertaking exploration work without the necessary exploration permit shall. SEC. or obstructs any shaft or passage to a mine.—Any person who. 107. or evidence to the government or publishes or causes to be published any prospectus or other information containing any false statement relating to mines. apparatus. license. pay compensation for the damages which may have been caused thereby. or steals minerals or ores or the products thereof from mines or mills or processing plants shall. mining operations or mineral agreements. mine or workings. appliance. In addition. Mines Arson. fittings or a mine. SEC. or corporations. or both. by imprisonment not exceeding a period of five (5) years and shall. 104. agreement or lease from undertaking his mining operations shall be punished.000.—Any person who wilfully sets fire to any mineral stockpile. Illegal Exploration. lease. upon conviction. unlawfully causes water to run into a mine. the president and each of the directors thereof shall be responsible for the acts committed by such association. declaration.

at the discretion of the court. at the date of effectivity of this Act. Illegal Obstruction to Government Officials. Non-Impairment of Existing Mining/Quarrying Rights. permits/licenses.000. 25 July 1987).00). 89 392 . and shall be recognized by the government: Provided.000. shall remain valid.000. 111.000. or both.LAND appropriate court. further. Violation of the Terms and Conditions of the Environmental Compliance Certificate. 279.00) or imprisonment not exceeding one (1) year. SEC. 108. by a fine not exceeding Five Thousand Pesos (P5. 109. SEC.000. development and utilization of mineral resources.—Any person who illegally prevents or obstructs the Secretary. mineral 89 production-sharing agreements granted under Executive Order No. and prescribing the guidelines for such agreements and those agreements involving technical and financial assistance by foreign-owned corporations for large-scale operation. 112. Other Violations.—The Secretary is authorized to charge fines for late or nonsubmission of reports in accordance with the implementing rules and regulations of this Act.00) or by imprisonment not exceeding one (1) year.O.00). (E. leases pending renewal. 279. 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. or both. by the appropriate court. finally. production_______________________ Authorizing the Secretary of Environment and Natural Resources to negotiate and conclude joint venture. Fines.—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. co-production. 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. at the discretion of the court.00) to Two Hundred Thousand Pesos (P200. development and utilization of minerals. by a fine not exceeding Five Thousand Pesos (P5. SEC. shall not be impaired. That no renewal of mining lease contracts shall be made after the expiration of its term: Provided. not to avail of said provisions: Provided. Chapter XX Transitory and Miscellaneous Provisions SEC. or production sharing agreements for the exploration. SEC. or both. in writing.—All valid and existing mining lease contracts. That such leases. 110.—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. upon conviction. at the discretion of the court.

Executive Order No. 116. 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. 57 shall cause the abandonment of mining. an organization composed of mining prospectors and claim owners or claimholders. assails the constitutionality of two department administrative orders (DAOs) issued by then Secretary of Environment and Natural Resources Fulgencio Factoran Jr. development and utilization of minerals pursuant to Section 2. 113. SEC. and regulations or parts thereof which are inconsistent with any of the provisions of this Act are hereby repealed or amended accordingly. 114.” Related thereto. 211 prescribes the interim procedures in the processing and approval of applications for the exploration. 1995. 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. former President Corazon Aquino’s Executive Order Nos. Separability Clause. 393 . financial or technical assistance agreements shall comply with the applicable provisions of this Act and its implementing rules and regulations. 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. Repealing and Amending Clause. 279 authorizes the DENR Secretary to negotiate and conclude joint-venture. 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. Effectivity Clause. development. Article XII of the 1987 Constitution. The Miners Association of the Philippines (MAP). Mining Agreements May be Changed Facts: In the exercise of her interim legislative powers. Executive Order No.—Holders of valid and existing mining claims. 115. co-production. or production-sharing agreements for the exploration. Approved: March 3. pursuant to those two executive orders. Department Administrative Orders No.—All laws.—This Act shall take effect thirty (30) days following its complete publication in two (2) newspapers of general circulation in the Philippines. and utilization of mineral resources. Department Administrative Order No. 211 and 279. quarry. presidential decrees. rules. executive orders.PHILIPPINE MINING ACT sharing agreements. SEC. and sand and gravel claims.—If any of the provision of this Act is held or declared to be unconstitutional or invalid by a competent court. SEC. SEC. Recognition of Valid and Existing Mining Claims and Lease/Quarry Application.

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

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

It is obvious from their discussions that they did not intend to ban or eradicate service contracts. The drafters in fact knew that the agreements with foreign corporations were going to entail not mere technical or financial assistance but. or to eradicate service contracts. development and utilization of minerals. 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. Furthermore. A constitutional provision specifically allowing foreign-owned corporations to render financial or technical assistance in respect of mining or any other commercial activity was clearly unnecessary. but rather implies that there are other things being included or possibly being made part of the agreement. they were intent on crafting provisions to put in place safeguards that would eliminate or minimize the abuses prevalent during the martial law regime. they were going to permit service contracts with foreign corporations as contractors. a literal and restrictive interpretation of this paragraph leads to logical inconsistencies.” And considering that there were various long-term service contracts still in force and effect at the time the new Charter was being drafted. the framers’ choice of words does not indicate the intent to exclude other modes of assistance. The drafters avoided the use of restrictive and stringent phraseology. That change requires a much more definite and irrefutable basis than mere omission of the words “service contract” from the new Constitution. 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. 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. the provision was meant to refer to more than mere financial or technical assistance. if paragraph 4 permits only agreements for financial or technical assistance. apart from financial or technical assistance. Such moves would necessarily imply an underlying drastic shift in fundamental economic and developmental policies of the State. In brief. rather. The framers spoke about service contracts as the concept was understood in the 1973 Constitution. as an exception to the general norm 396 . Instead. Also. there would be no point in requiring that they be “based on real contributions to the economic growth and general welfare of the country. Resort to the deliberations of the Constitutional Commission is therefore unavoidable. foreign investment in and management of an enterprise for large-scale exploration. but with safety measures to prevent abuses.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.

technology and technical knowhow. (2) the President be the signatory for the governme