ENVIRONMENTAL LAW NOTES

Evelyn B. De Matias

Course Outline

A. Government and Legal System

1. 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
ead of state. The President is elected by popular vote, without reelection, to a six-year
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.

2. 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 Senate) 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
Philip-pines 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

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 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

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. 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.

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 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 environ-
mental laws. It also serves as the secretariat of the Pollution Adjudication Board (PAB),
which hears and decides pollution cases.

B. Relevant Provisions of the 1987 Constitution

1. 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.

2. 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.

3. Declaration of Principles and State Policies

1. Right to Health

SEC. 15.

The State shall protect and promote the right to health of the people and to instill health
consciousness among them.

1. Eduardo Hernandez et. al. vs National Power Corporation

G.R. No. 145328, March 23, 2006 – “Right to Health”

“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 Kilo-volt 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 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.

Presidential Decree No. 1818 provides:

Section 1. No Court in the Philippines shall have jurisdiction to issue any re-straining
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 in-junction
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. 1818, however,
was not meant to be a blanket prohibition so as to disregard the fundamental 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.

2. Right to A Balanced Ecology

SEC. 16.

The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.

2. Oposa vs Factoran, 224 SCRA 792 (July 30, 1993) – “Inter-generational

Responsibility” and “protect and advance the right of people for healthy and
balanced ecology”

Principle: The right to a balanced ecology is an enforceable legal right

Digested case on Xerox

4. Bills 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 complain-ant and the witnesses he may produce, 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.

1. Valmonte vs. Belmonte, 170 SCRA, GR No. 74930, February 13, 1989

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:

Valmonte, together with other members of the media, sought to compel the GSIS:

a. 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;

b. to furnish them with certified true copies of the documents evidencing their respective
loans;
c. to allow them access to public records for the subject information. In reply, GSIS
asserts confidentiality of its relationship with those who obtain loans.

Issue:
Can Valmonte, et al., compel GSIS to reveal the desired information?

Held:

Yes. Petitioners have the right to access to the public documents. The public nature of the
loan-able funds of the GSIS and the public office held by the alleged borrowers make the
information sought a matter of public concern. The GSIS cannot plead privacy because
privacy may be raised only by the party concerned, in this case, the borrowers. But
considering the public office of the borrowers, they still cannot plead privacy. The right
to privacy belongs to the individual and must be invoked by the individual. A public
agency like the GSIS cannot invoke said right. A corporation has no right to privacy
“since the entire basis of the right to privacy is an inquiry to the feelings and sensibilities
of the party and a corporation would have no such ground for relief.” Government,
whether carrying out its sovereign attributes or running some business, discharges the
same function of service to the people. Moreover, it was clearly the intent of the
Constitutional Commission to include government-owned and controlled corporations in
the scope of the right to information. But this does not mean that GSIS must furnish the
petitioners with the list of the names requested. The constitutional right gives them
“access to official records.” But the Constitution does not accord them the right to
compel custodians of official records to prepare lists, abstracts, summaries, and the like in
their desire to acquire information on matters of public concern.

2. Legaspi vs Civil Service Commission, 150 SCRA 530, GR No. 72119, May
29, 1987

Information of public concern is a demandable right. Government officials have no

discretion whether or not to release the information. They can only prescribe the manner
by which the right can be exercised, such as, for example, that it can be secured only
during office hours. However, this right admits of exceptions such as when the
information requested is a matter of national security.

Facts:
Attorney Valentin L. Legaspi of Cebu City requested for information from the Civil
Service Commission. He wanted to know if two persons who were appointed as
sanitarians in the Health Department of the city were civil service eligible. When the
Commission denied his request, he filed a petition before the Supreme Court to compel
the Commission to disclose the information he sought. Mr. Legaspi based his demand on
Sec. 7, Article III of the 1987 Constitution which describes a person’s constitutional right
to information on matters of public concern. The Commission defended itself by saying
that Mr. Legaspi had no right to ask the Court to compel the Commission to give him the
information he seeks. Moreover, the Commission asserted that it had the discretion on
whether or not it should furnish a person with the information requested.

Issue:
Does Mr. Legaspi have the right to obtain the information he seeks?

Held:
Yes. The right of the people to have information on matters of public interest is, by its
very nature, a public right. In Tañada v. Tuvera (136 SCRA 27), 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, the people are regarded as the real party in interest and the
realtor at whose instigation the proceedings are instituted need not show that he has any
legal or special interest in the result, it being sufficient to show that he is a citizen and as
such interested in the execution of the laws.” “From the foregoing, it becomes apparent
that when a mandamus proceeding involves the assertion of a public right, the
requirement of personal interest is satisfied by the mere fact that the petitioner is a
citizen, and therefore, part of the general ‘public’ which possesses the right.”

Issue:
Can the respondent exercise its discretion to refuse Mr. Legaspi access to such
information?

Held:
No. According to the Supreme Court, “For every right of the people recognized as
fundamental, there lies a corresponding duty on the part of those who govern to respect
and protect that right.” “In recognizing the people’s right to be informed the New Charter
expressly mandates the duty of the State and its agents to afford access to official records,
documents, papers, and in addition, government research data used as basis for policy
development, subject to such limitations as may be provided bylaw (Sec. 7, Article III,
1987 Constitution). The guarantee has been further enhanced with the adoption of a
policy of full public disclosure, this time ‘subject to reasonable conditions prescribed by
law,’ in Sec. 28, Article II thereof, to wit: Subject to reasonable conditions prescribed by
law, the State adopts or implements a policy of full public disclosure of all its
transactions involving public interest. “It is clear from the foregoing pronouncements of
this Court (in the cited case of Tañada and in Subido v. Ozaeta, 80 Phil. 383) that
government agencies are without discretion to refuse disclosure of, or access to,
information of public concern.” However, “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. In the Subido
case, We (Supreme Court) recognized the authority of the Register of Deeds to regulate
the manner in which persons desiring to do so may inspect, examine, or copy records
relating to registered lands. However, the regulations which the Register of Deeds may
promulgate are confined to:‘. . . prescribing the manner and hours of examination to the
end that damage to or loss of the records may be avoided, that undue interference with
the duties of the custodian of the books and documents and other employees may be
prevented, that the right of other persons entitled to make inspection may be insured.’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. 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.”

Issue:
Is there any limitation on the constitutional right to information?

Held:

Yes. “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.” “(T) he constitutional guarantee to information on matters of
public concern is not absolute.” It is still “subject to limitations as may be provided by
law” (Sec. 7, Article III). Certain types of information may not be available for public
scrutiny, such as those affecting national security. Two requisites must first be fulfilled in
order for the right to be enforceable:

a. The information sought is of public concern or one that involves public interest, and
b. It is not exempted by law from the operation of the constitutional guarantee. With
regard to the first, it is for the courts to decide on a case-to-case basis whether an
information sought is of public interest or concern. In this case, the information the
petitioner sought to access is clearly of public interest. “It is the legitimate concern of
citizens to ensure that government positions requiring civil service eligibility are
occupied only by persons who are eligible.” With regard to the second requisite, “the
information sought must not be among the species exempted by law from the operation of
the constitutional guarantee.” Here, the petitioner’s right to know is upheld because there
is no law prohibiting such information from being disclosed. It is in fact the case that
civil service examination results are released to the public. There is therefore no reason to
withhold it from the petitioner.

5. National Economy and Patrimony

Article XII
Efficient Use of Resources

SECTION 1.

The goals of the national economy are a 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 efficient use of human and natural
resources, and which are competitive in both domestic and foreign markets. However, the
State shall protect Filipino enterprises against unfair foreign competition and trade
practices. In the 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.

State Ownership of Natural Resources

SEC. 2.

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

Lands of Public Domain and Classification

SEC. 3.
Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the public domain may be further
classified by law according to the uses to which they may be devoted. Alienable lands of
the public domain shall be limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the public domain except by lease, for a
period not exceeding twenty-five years, renewable for not more than twenty-five years,
and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not
more than five hundred hectares, or acquire not more than twelve hectares thereof by
purchase, homestead, or grant. Taking into account the requirements of conservation,
ecology, and development, and subject to the requirements of agrarian reform, Congress
shall determine, by law, the size of lands of the public domain which may be acquired,
developed, held, or leased and in the conditions therefore.

Limits of Forest Lands and National Parks

SEC. 4.

The Congress shall, as soon as possible, determine bylaw the specific limits of
forestlands and national parks, marking clearly their boundaries on the ground.
Thereafter, such forestlands and national parks shall be conserved and may not be in-
creased nor diminished, except bylaw. The Congress shall provide, for such period as it
may deter-mine, measures to prohibit logging in endangered forest and water-shed areas.

Indigenous Cultural Communities

SEC. 5.

The State, subject to the provisions of this Constitution and national development policies
and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property
rights or relations in determining the ownership and extent of ancestral domain.

Social Function of Property

SEC. 6.

The use of property bears a social function and all economic agents shall contribute to the
common good. Individuals and private groups, including corporations, cooperatives, and
similar collective organizations, shall have the right to own, establish, and operate
economic enterprises, subject to the duty of the State to promote distributive justice and
to intervene when the common good so demands.

1. Cruz vs Secretary of Environment and Natural Resources, 347 SCRA 128,

GR No. 135385, December 6, 2000 – ‘The Development of the Regalian Doctrine in
the Philippine Legal System”
 6. Social Justice and Human Rights

Article XIII

Ecological Considerations in Agrarian Reform

SEC. 4.

The State shall, bylaw, undertake an agrarian reform program founded on the right of
farmers and regular farm workers, who are landless, to own directly or collectively the
lands they till or, in the case of other farm workers, to receive a just share of the fruits
thereof. To this end, the State shall encourage and undertake the just distribution of all
agricultural lands, subject to such priorities and reasonable retention limits as the
Congress may prescribe, taking into account ecological, developmental, or equity
considerations, and subject to the payment of just compensation. In determining retention
limits, the State shall respect the rights of small landowners. The State shall further
provide incentives for voluntary land-sharing.

Preferential Use of Marine Resources for Subsistence Fishermen

SEC. 7.
The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of the communal marine and fishing re-sources, both
inland and offshore. It shall provide support to such fishermen through appropriate
technology and research, adequate financial, production, and marketing assistance, and
other services. The State shall also protect, develop, and conserve such marine resources.
The protection shall extend to offshore fishing grounds of subsistence.

The State shall adopt an integrated and comprehensive approach to health development
which shall endeavor to make essential goods, health and other social services available
to all the people at affordable cost. There shall be priority for the needs of the
underprivileged, sick, elderly, disabled, women, and children. The State shall endeavor to
provide free medical care to paupers.

SEC. 12.
The State shall establish and maintain an effective food and drug regulatory system and
undertake appropriate health manpower development and research, responsive to the
country’s health needs and problems.

Rights of Women

SEC. 14.
The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full potential
in the service of the nation.
Role and Rights of People’s Organizations

SEC. 23.
The State shall encourage nongovernmental, community-based, or sectoral organizations
that promote the welfare of the nation (Article II).

SEC. 15.
The State shall respect the role of the independent people’s organizations to enable the
people to pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means. People’s
organizations are bona fide associations of citizens with demonstrated capacity to
promote the public interest and with identifiable leadership, membership, and structure.

7. Local Autonomy

Article X

SEC. 25.
The State shall ensure the autonomy of local governments (Article II)

--- > Principle of decentralization (management of local affairs)

C. General Environmental Laws

1. Philippine Environmental Policy (PD 1151)

MALACAÑANG
Manila

PRESIDENTIAL DECREE No. 1151

PHILIPPINE ENVIRONMENTAL POLICY

WHEREAS, the individual and, at times, conflicting, demands of population growth,

urbanization, industrial expansion, rapid natural resources utilization and increasing
technological advances have resulted in a piecemeal-approach concept of environmental
protection;

WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal

environmental situation where man and nature can thrive in harmony with one another; and

WHEREAS, there is now an urgent need to formulate an intensive, 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, 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. Policy. It is hereby declared a continuing policy of the State (a) to create, develop,
maintain and improve conditions under which man and nature can thrive in productive and
enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements
of present and future generations of Filipinos, and (c) to insure the attainment of an
environmental quality that is conducive to a life of dignity and well-being.

Section 2. Goal. In pursuing this policy, it shall be the responsibility of the Government, in
cooperation with concerned private organizations and entities, to use all practicable means,
consistent with other essential considerations of national policy, in promoting the general
welfare to the end that the Nation may (a) recognize, discharge and fulfill the responsibilities
of each generation as trustee and guardian of the environment for succeeding generations,
(b) assure the people of a safe, decent, healthful, productive and aesthetic environment, (c)
encourage the widest exploitation of the environment without degrading it, or endangering
human life, health and safety or creating conditions adverse to agriculture, commerce and
industry, (d) preserve important historic and cultural aspects of the Philippine heritage, (e)
attain a rational and orderly balance between population and resource use, and (f) improve
the utilization of renewable and non-renewable resources.

Section 3. Right to a Healthy Environment. In furtherance of these goals and policies, the
Government recognizes the right of the people to a healthful environment. It shall be the duty
and responsibility of each individual to contribute to the preservation and enhancement of
the Philippine environment.

Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and
goals, all agencies and instrumentalities of the national government, including government-
owned or controlled corporations, as well as private corporations firms and entities shall
prepare, file and include in every action, project or undertaking which significantly affects the
quality of the environment a detail statement on

(a) the environmental impact of the proposed action, project or undertaking

(b) any adverse environmental effect which cannot be avoided should the proposal
be implemented;

(c) alternative to the proposed action;

(d) a determination that the short-term uses of the resources of the environment are
consistent with the maintenance and enhancement of the long-term productivity of
the same; and

(e) whenever a proposal involve the use of depletable or non-renewable resources, a

finding must be made that such use and commitment are warranted.

Before an environmental impact statement is issued by a lead agency, all agencies having
jurisdiction over, or special expertise on, 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.
Section 5. Agency Guidelines. The different agencies charged with environmental protection
as enumerated in Letter of Instruction No. 422 shall, within sixty (60) days from the effectivity
of this Decree, submit to the National Environmental Protection Council (NEPC), their
respective guidelines, rules and regulations to carry out the provisions of Sec. 4 hereof on
environmental impact assessments and statements.

Section 6. Repealing Clause. All Acts, Presidential Decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the provisions of this Decree are
hereby repealed, amended or modified accordingly.

Section 7. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila this 6th day of June in the year of Our Lord, nineteen hundred and
seventy-nine.

2. Philippine Environment Code (PD 1152)

PRESIDENTIAL DECREE NO. 1152

[PHILIPPINE ENVIRONMENT CODE]

Whereas, the broad spectrum of environment has become a matter of vital concern to the
government;

Whereas, the national leadership has taken a step towards this direction by creating the
National Environmental Protection Council under Presidential Decree No. 1121;

Whereas, it is necessary that the creation of the Council be implemented with the
launching of a comprehensive program of environmental protection and management;

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, Therefore, I, Ferdinand E. Marcos, President of the Republic of the Philippines, by

virtue of the powers vested in me by the Constitution, do here-by order and decree:

SECTION 1. Short Title - This Decree shall be known and cited as the “Philippine
Environment Code.”

Title I—Air Quality Management

Note:
The provisions on air quality management have been revised by the Clean AirAct of 1999
(R. A. No. 8749. Please see Chapter 3).

Title II—Water Quality Management

Note:
The provisions on Water Quality have been revised by the Clean Water Act (Republic
Act ____, Please see Chapter 4) . The provisions quoted hereunder, esp. Sec.17 and 20,
were creatively used to compel the various government agencies to clean up Manila Bay.
Please news article below. However, the case is still under litigation with the Government
filing a Petition for Review before the Supreme Court from the Decision of the Court of
Appeals.

SEC. 14. 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. classification of Philippine waters

b. establishment of water quality standards
c. protection and improvement of the quality of the Philippine water resources
d. responsibilities for surveillance and mitigation of pollution incidents.

Chapter I—Classification and Standards

SEC. 15. Classification of Philippine Waters - The National Pollution Control

Commission, in coordination with appropriate government agencies, shall classify
Philippine waters, according to their best usage. In classifying said waters, the National
Pollution Control Commission shall take into account, among others, the following:

a. the existing quality of the body of water at the time of classification

b. the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream
c. the most beneficial uses of said bodies of water and lands bordering them for
residential, agricultural, commercial, industrial, navigational, recreational, and aesthetic
purposes.

SEC. 16. Reclassification of Waters Based on Intended Beneficial Use - Where the
public interest so requires, the National Pollution Control Commission, in coordination
with appropriate government agencies, shall reclassify 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. Other government agencies may adopt higher standards for a particular body
of water, subject to the approval of the National Pollution Control Commission.

SEC. 17. Upgrading of Water Quality - Where the quality of water has deteriorated to a
degree where its state will adversely affect its best usage, 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.

SEC. 18. Water Quality Standards - The National Pollution Control Commission shall
prescribe quality and effluent standards consistent with the guidelines set by the National
Environmental Protection Council and the classification of waters pre-scribed in the
preceding sections, taking into consideration, among others, the following:

a. the standard of water quality or purity may vary according to beneficial uses
b. the technology relating to water pollution control.

CA RULING COMPELS GOVT. ‘ TO CLEAN UP MANILA BAYMANILA,

October 13, 2005 (STAR) By Michael Punongbayan

Fifteen government 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, who filed a class suit against the national government in 1999.The
appellate court, in a resolution dated Sept. 28, 2005, cracked the whip on the
Metropolitan Waterworks and Sewerage Systems, the Local Water Utilities
Administration, the Philippine Ports Authority and 12 other national government offices
for being remiss in their obligation to clean up, rehabilitate, and protect Manila Bay,
which has been downgraded into a virtual body of water filled with fecal coliform.
The order gives the 15 agencies and all concerned local government units six months to
act. Also included in the suit were the Department of Environment and Natural
Resources, Department of Agriculture, Bureau of Fisheries and Aquatic Resources,
Philippine Coast Guard, Metropolitan Manila Development Authority, Philippine
National Police— Maritime Group, Department of Budget and Management, Department
of Education and Department of the Interior and Local Government. 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 classification
(bathing standard) and to revitalize its marine life.” CA Second Division Associate Judge
Eliezer de Los Santos, as concurred by Associate Judges Eugenio Labitoria and Jose
Reyes Jr., upheld the earlier decision of Executive Judge Lucenito Tagle of the Regional
Trial Court of Imus, Cavite dated Sept. 13, 2002, favoring concerned residents in cities
and municipalities surrounding Manila Bay in a class suit filed against the Philippine
government in January 1999.The Star, through lawyer Tony Oposa of the Philippine Bar
Association (PBA), obtained a copy of the 13-page decision, which he described as a
“grandslam” victory for environ-mental advocates like him who fear for the continuing
depletion and deterioration of the country’s natural resources. All 15 government
agencies, after losing at the lower court, took the case to the CA in an effort to reverse the
ruling. However, the CA said the consolidated appeal was “bereft of merit.” “The
decision of the lower court does not require defendants to do tasks outside of their usual
functions. They are merely directed to come up with consolidated and coordinated
efforts, each performing its basic function in rehabilitating and cleaning up the waters of
Manila Bay,” the CA ruling said.

Chapter II—Protection and Improvement of Water Quality

SEC. 19. Enforcement and Coordination - The production, utilization, storage, and
distribution of hazardous, toxic, and other substances such as radioactive materials, heavy
metals, pesticides, fertilizers, and oils, and the disposal, discharge, and dumping of
untreated wastewater, mine tailings, and other substances that may pollute any body of
water of the Philippines resulting from normal operations of industries, water-borne
sources, 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. In the performance of the above functions,
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.1121.

SEC. 20. Clean-up Operations - It shall be the responsibility of the polluter to contain,
remove, and clean up water pollution incidents at his own expense. In case of his failure
to do so, the government agencies concerned shall undertake containment, removal, and
clean-up operations and expenses incurred in said operations shall be charged against the
persons and/or entities responsible for such pollution.

SEC. 21. Water Quality Monitoring and Surveillance - The various government
agencies concerned with environmental protection shall establish to the greatest extent
practicable water quality surveillance and monitoring network with sufficient stations and
sampling schedules to meet the needs of the country. Said water quality surveillance
network shall put to maximum use the capabilities of such government agencies. 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 theClean 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 there from 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.

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;
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).

SEC. 26. Management Policy - The national government, through the Department of
Natural 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;
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 Chapter3, 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

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;
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 wild-
life 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 there-fore 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 including therein the identification and protection
of critical watershed areas, encouragement of scientific farming 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 pro-visions
of existing laws, the following shall be included in 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;
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. 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
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 Ser-
vices 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
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
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 geo-
thermal energy, whether owned or controlled by private or government entities shall:

a. observe internationally accepted standards of safety; and

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
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).

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 like-wise
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 environmental 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.

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
c. deductions equivalent to fifty percent (50%) of the expenses actually incurred on
research projects under-taken to develop technologies for the manufacture of pollution
control equipment which have been proven effective and commercially reproducible,
from the taxable income of the person or firm actually undertaking such projects subject
to the conditions that may be im-posed by the Council. 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.

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, con-duct
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.
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 environ-mental conditions
or the creation of anew 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 government-owned and controlled corporations.

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 circum-stances 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.

3. Pollution Control Law (PD 984)

MALACAÑANG
Manila

PRESIDENTIAL DECREE No. 984 August 18, 1976

PROVIDING FOR THE REVISION OF REPUBLIC ACT NO. 3931, COMMONLY KNOWN
AS THE POLLUTION CONTROL LAW, AND FOR OTHER PURPOSES

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;

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 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.

Section 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 utililization 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 or
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 by-product from such sewage, industrial waste or other wastes.

(g) "Sewage Works" means individually or collectively those constructions or devices

use 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.

(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" or "Persons" includes any being, natural or juridical, susceptible of rights
and obligations or of being the subject of legal relations.

Section 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.
Section 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 Department of Agriculture, Health, Industry, Justice,
Labor, Local Government and Community Development, National Defense, Natural
Resources, and Public Works, Transportation and Communications; the heads of the
Laguna Lake Development Authority, National Economic and Development Authority, the
National Science Development Board and the 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.

Section 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 Appropriation 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.

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 therefor, 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 any 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.

Section 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 Commission with respect to hearings, plans, specifications, designs, and other
data for sewage works and industrial waste disposal system, the filing of reports, the
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 Commission,
by rules and regulations, may require subdivisions, condominium, hospitals, public
buildings and other similar human settlements to put up appropriate central
sewerage system 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 therefor: Provided, That local governments, development authorities,
and other similar government instrumentalities or agencies may set up higher
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, processing
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 Sec. 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.

Section 7. (a) Public Hearing. 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 find 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-parte order shall be immediately executory
and shall remain in force until said establishment or person prevents or abates the said
pollution within the allowable standards, or modified or nullified by a competent court.

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, 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, subpoena, or subpoena duces tecum issued
by the Commissioners 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
Commission. The Commission 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 Court of First
Instance 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 Commission unless the Commissioner 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 Courts of First Instance, 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.

Section 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.

Section 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 above-mentioned 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.

Payment of fines may also be enforced by appropriate action in a court of

competent jurisdiction. The remedies provided in this sub-section shall not be
a bar to nor shall affect any other remedies provided for in this Decree but
shall be cumulative and additional to such remedies.

(b) Any person who shall violate any of the provisions of Section Eight 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 Commission into any property of the pubic 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 by Order or
Decision of the Commission promulgated pursuant to this Decree hereby 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.

Section 10. Jurisdiction. The Commission shall have no jurisdiction over waterworks or
sewage system 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 Authority and
the Laguna Lake Development Authority, the Commission 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 Commission. Once minimum pollution standards are
established and agreed upon, the development authorities concerned may, by mutual
agreement and prior consultation with the Commission, undertake the pollution control
activities themselves.

Section 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.
Section 12. Repealing Clause. Any provision of laws, presidential decree, executive order,
rules and regulations and/or parts thereof inconsistent with the provisions of this Decree, are
hereby repealed and/or modified accordingly.

Section 13. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila, this 18th day of August, in the year of Our Lord, nineteen hundred
and seventy-six.

1. Mead vs Argel, 115 SCRA 256, GR. No. L-41958, July 20, 1982

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?

Held:
No. Republic Act No. 3931 is a law prohibiting the pollution of water ways and/or the
atmospheric air. As such, any prosecution for violation of said law requires 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 live-stock, 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 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 re-quires 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.

2. Pollution Adjudication Board vs CA, 195 SCRA 112, GR No. 93891,

March 11, 1991.

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 Facto-ran, 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.

Issue:
Did PAB deny Solar its constitutional right to due process when it issuedthe closure order
without a hearing or ex parte?

Held:
No. The Pollution Control Law (Presidential Decree No. 984) in Section 7a. 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, public
health, safety or welfare, or to animal or plant life,” or b. whenever such discharges or
wastes exceed “the allowable standards . ..”“On the one hand, it is not essential that the
Board prove that an ‘immediate threat to life, public health, safety or welfare, or to
animal or plant life’ exists before an ex parte cease and desist order may be issued. It is
enough for the Board to find that the wastes discharged exceed ‘the allowable standards.’
In respect of discharges of wastes as to which allowable standards have been set by the
DENR, 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, public health,
safety or welfare 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, the general standard of ‘an immediate threat to life, public
health, safety or welfare, or to animal and plant life’ remains necessary. ”In this case,
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.”
“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, health and general welfare and comfort, by disregarding the
requirement of anti-pollution statutes and their implementing regulations.

3. Technology Developers, Inc. vs CA, 193 SCRA 147, GR. No. 94759,
January 21, 1991, 201 SCRA 11, July 31, 1991.

Jurisdiction Over Pollution Case

Pollution cases are within the exclusive jurisdiction and competence of the DENR and
therefore are beyond the power of the local mayor to resolve.

Facts:
Technology Developers Inc. (TDI) is a domestic private corporation engaged in the
business of manufacturing and exporting charcoal briquettes. It has a plant located in the
municipality of Sta. Maria, Bulacan which became the subject of complaints from
residents. The complainants alleged that hazardous fumes or smoke from the plant’s
chimney was polluting the environment and causing sick-ness among the locals.
Responding to the complaints, acting Mayor Pablo N. Cruz ordered the closure of the
plant basing his decision on TDI’s apparent lack of building permit, mayor’s permit and
anti-pollution permit from the National Pollution Control Commission (now DENR-
EMB) TDI brought a petition before the RTC of Bulacan to prevent the mayor from
carrying out his order. However, the RTC allowed the mayor to effect the closure. TDI
then went to the Court of Appeals which also dismissed the petition. Hence, this petition
before the Supreme Court.

Issue:
Was the RTC correct in allowing the mayor to effect the closure of the allegedly
polluting establishment?

Held:
No.
January 21, 1991 Decision
The initial decision of the Supreme Court dated January 21, 1991 declared that the
Mayor’s closure order was done pursuant to the latter’s police power. 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, it must be recognized that the
mayor of a town has as much responsibility of protecting its inhabitants from pollution,
by virtue of his police power, he may deny the application for a permit to operate a
business or otherwise close the same unless appropriate measures are taken to control
and/or avoid injury to the health of the residents of the community from the emissions.”
Moreover, the Supreme Court held that “concomitant to the need to promote in-vestment
and contribute to the growth of the economy is the equally essential imperative of
protecting the health, nay, the very lives of the people, from the deleterious effect of the
pollution of the environment.

July 31, 1991 Resolution

Note:
However, upon motion for reconsideration, in a Resolution dated July31, 1991, the Court
reversed itself 180 degrees apparently in the face of certain evidence submitted by TDI.
Among others, the company submitted a building permit issued by the Building Official
of the then Ministry of Public Works and a permit to operate issued by the DENR-EMB.
The 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. In its resolution, the Court
said, “(o)ur previous decision was anchored on factual allegations in the respondent
mayor’s pleadings, which the trial court, the Court of Appeals, and this court assumed to
be true. The petitioner’s motion for reconsideration of our decision has knocked down
those factual moorings of our decision.)“We are impelled to reconsider our decision for,
regardless of the mayor’s justifications for issuing his arbitrary closure order, he was, and
is, bereft of jurisdiction to issue it.” “The applicable law is Presidential Decree No. 984
which created and established on August 18, 1976 the National Pollution Control
Commission, later renamed Environ-mental Management Bureau (or EMB) ‘as the
primary agency responsible for the prevention and control of environmental pollution‘ in
the country. The primacy of its jurisdiction on matters of air, water, and pollution, is
affirmed in Sections 10 and 17 of Presidential Decree No. 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 ‘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.’ Evidently, even the provision of the Civil Code on nuisance, insofar as the
nuisance is caused by pollution of the air, water, or land resources are deemed superseded
by Presidential Decree No. 984which is the special law on the subject of pollution.” “The
powers and functions of the EMB enumerated in Section 6 of Presidential Decree No.
984 are not conferred by law on town officials.” “Significantly, it is the discharge of
industrial wastes, not the operation of the business that may be discontinued.” 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. Only the EMB, after due
notice and hearing, may determine whether excessive pollution exists.” “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, after a public hearing, to determine
whether the charcoal briquette plant was causing air pollution in excess of permissible
limits, whether the discharge of smoke from petitioner’s 16-metersmoke stack should be
reduced or discontinued, whether additional devices for that purpose should be installed,
and whether its business should be temporarily suspended or totally banned. That
investigation and determination can only be made by the EMB, assisted by its staff of
sanitary engineers, environmental experts, chemists, physicians, 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, and determine the danger, if any,
that it poses to the health of the people in the barangay where the plant is located. It was
never the law’s intention to place in the hands of just any lay-man, however high his
motives may be, the authority to determine if pollution exists, and the power to toll the
death knell of a multi-million peso industry which, in this case, not only provides jobs,
but also brings in export dollars for the country’s dollar-starved economy. A special
agency, the EMB, was created by law for this purpose.”

D. Environmental Administration

1. Executive Departments thru which the President exercises power of

control and supervision over natural resources.
A. Department of Environmental Resources
B. Department of Agriculture
C. Department of Energy
 ENVIRONMENTAL ADMINISTRATION
Department of Environment and Natural Resources
(Executive Order 192, 1987)

WHEREAS, Executive Order No. 131, dated January 30, 1987, was suspended;

WHEREAS, a policy having been reached on energy, the reorganization of the

Department of Natural Resources can now be effected;

WHEREAS, the environment will be affected by the use, development, management,

renewal and conservation of the country's natural resources;

WHEREAS, there is a need to protect and enhance the quality of the country's
environment;

WHEREAS, to attain this objective, environmental concerns and natural resources

concerns should be given equal attention by the Department;

WHEREAS, under Article XVIII, Section 6, of the 1987 Constitution, the President shall
continue to exercise legislative powers until the First Congress is convened;

NOW, THEREFORE, I, Corazon C. Aquino, President of the Philippines, by virtue of the

powers vested in me by the Constitution, do hereby order:

Section 1
Title

This Executive Order shall otherwise be known as the "Reorganization Act of the
Department of Environment and Natural Resources."

Section 2
Reorganization

The Department of Environment, Energy, and Natural Resources is hereby

reorganized structurally and functionally and renamed as the Department of
Environment and Natural Resources, hereinafter referred to as Department, in
accordance with the provisions of this Executive Order.

Section 3
Declaration of Policy

It is hereby declared the policy of the State to ensure the sustainable use, development,
management, renewal, and conservation of the country's forest, mineral, land, off-shore
areas and other natural resources, including the protection and enhancement of the quality
of the environment, and equitable access of the different segments of the population to
the development and use of the country's natural resources, not only for the present
generation but for future generations as well. It is also the policy of the state to recognize
and apply a true value system including social and environmental cost implications
relative to their utilization, development and conservation of our natural resources.

Section 4
Mandate

The Department shall be the primary government agency responsible for the
conservation, management, development, and proper use of the country's environment
and natural resources, specifically forest and grazing lands, mineral resources, including
those in reservation and watershed areas, and lands of the public domain, 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.

To accomplish its mandate, the Department shall be guided by the following objectives
that will serve as basis for policy formulation:

Assure the availability and sustainability of the country's natural resources through
judicious use and systematic restoration or replacement, whenever possible;
Increase the productivity of natural resources in order to meet the demands for forest,
mineral, and land resources of a growing population;

Enhance the contribution of natural resources for achieving national economic and social
development;

Promote equitable access to natural resources by the different sectors of the population;
Conserve specific terrestrial and marine areas representative of the Philippine natural and
cultural heritage for present and future generations.

Section 5
Powers and Functions

To accomplish its mandate, the Department shall have the following powers and
functions:

a. Advise the President on the enactment of laws relative to the development, use,
regulation, and conservation of the country's natural resources and the control of
pollution;

b. Formulate, implement, and supervise the government's policies, plans and programs
pertaining to the management, conservation, development, use and replenishment of the
country's natural resources;
c. Promulgate rules and regulations in accordance with law governing the exploration,
development, conservation, extraction, disposition, use and such other commercial
activities tending to cause the depletion and degradation of our natural resources;

d. Exercise supervision and control over forest lands, alienable and disposable lands, and
mineral resources and in the process of exercising such control, the Department shall
impose appropriate payments, fees, charges, rentals, and any such form of levy and
collect such revenues for the exploration, development, utilization or gathering of such
resources;

e. Undertake exploration, assessment, classification and inventory of the country's

natural resources using ground surveys, remote sensing and complementary technologies;

f. Promote proper and mutual consultation with the private sector involving natural
resources development, use and conservation;

g. Undertake geological surveys of the whole country including its territorial waters;

h. Establish policies and implement programs for the:

1. Accelerated inventory, surveys and classification of lands, forest, and mineral

resources using appropriate technology, to be able to come up with a more accurate
assessment of resource quality and quantity;

2. Equitable distribution of natural resources through the judicious administration,

regulation, utilization, development and conservation of public lands, forest, and mineral
resources (including mineral reservation areas), that would benefit a greater number of
Filipinos;

3. Promotion, development and expansion of natural resource-based industries;

4. Preservation of cultural and natural heritage through wildlife conservation and

segregation of national parks and other protected areas;

5. Maintenance of a wholesome natural environment by enforcing environmental

protection laws; and

6. Encouragement of greater people participation and private initiative in natural

resources management.

i. Promulgate rules and regulations necessary to:

1. Accelerate cadastral and emancipation patent surveys, land use planning, and public
land titling;
2. Harness forest resources in a sustainable manner, to assist rural development, support
forest-based industries, and provide raw materials to meet increasing demands, at the
same time, keeping adequate reserves for environmental stability; and

3. Expedite mineral resources surveys, promote the production of metallic and non-
metallic minerals, and encourage mineral marketing.

j. Regulate the development, disposition, extraction, exploration and use of the country's
forest, land and mineral resources;

k. Assume responsibility for the assessment, development, protection, conservation,

licensing and regulation as provided for by law, where applicable, of all natural
resources; the regulation and monitoring of service contractors, licensees, lessees, and
permittees for the extraction, exploration, development and utilization of natural resource
products; the implementation of programs and measures with the end in view of
promoting close collaboration between the government and the private sector; the
effective and efficient classification and sub-classification of lands of the public domain;
and the enforcement of natural resources laws, rules and regulations;

l. Promulgate rules, regulations and guidelines on the issuance of co-production, joint

venture or production sharing agreements, licenses, permits, concessions, leases, and
such other privileges and arrangement concerning the development, exploration and
utilization of the country's natural resources and shall continue to oversee, supervise and
police our natural resources; to cancel or cause to cancel such privileges and
arrangements upon failure, non-compliance, or violations of any regulations, orders, and
for all other causes which are in furtherance of the conservation of natural resources and
supportive of the national interests;
m. 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, sub-
classification, surveying and titling of lands in consultation with appropriate agencies;

n. Implement measures for the regulation and supervision of the processing of forest
products, grading and inspection of lumber and other forest products and monitoring of
the movement of timber and other forest products;

o. Promulgate rules and regulations for the control of water, air and land pollution;

p. Promulgate ambient and effluent standards for water and air quality including the
allowable levels of other pollutants and radiations;

q. Promulgate policies, rules and regulations for the conservation of the country's genetic
resources and biological diversity, and endangered habitats;

r. Formulate an integrated, multi-sectoral , and multidisciplinary National Conservation

Strategy, which will be presented to the Cabinet for the President's approval; and
s. Exercise other powers and functions and perform such other acts as may be necessary,
proper or incidental to the attainment of its mandates and objectives.

Section 6
Structural Organization

The Department shall consist of the Department proper, the Staff offices, the Staff
bureaus, and the regional/provincial/community natural resources offices.

The Department Proper shall consist of the following:

a. Office of the Secretary

b. Offices of Undersecretaries

c. Offices of Assistant Secretaries

d. Public Affairs Office

e. Special Concerns Office

f. Pollution Adjudication Board

The Staff Sectoral Bureaus on the other hand, shall be composed of:

a. Forest Management Bureau

b. Lands Management Bureau

c. Mines and Ge-osciences Bureau

d. Environmental Management Bureau

e. Ecosystems Research and Development Bureau

f. Protected Areas and Wildlife Bureau

The field offices shall consist of all the department regional offices, the provincial
offices, and the community offices.

Section 7
Secretary of Environment and Natural Resources

The authority and responsibility for the exercise of the mandate of the Department, the
accomplishment of its objectives, and the discharge of its powers and functions shall be
vested in the Secretary of Environment and Natural Resources, hereinafter referred to as
Secretary, who shall supervise the Department and shall be appointed by the President.

For such purposes, the Secretary shall have the following functions:

a. Advise the President on the promulgation of rules, regulations and other issuances
relative to the conservation, management, development and proper use of the country's
natural resources;

b. Establish policies and standards for the efficient and effective operations of the
Department in accordance with the programs of the government;

c. Promulgate rules, regulations and other issuances necessary in carrying out the
Department's mandate, objectives, policies, plans, programs, and projects;

d. Exercise supervision over all functions and activities of the Department;

e. Delegate authority for the performance of any administrative or substantive function to

subordinate officials of the Department; and

f. Perform other functions as may be provided by law or assigned appropriately by the

President.

Section 8
Office of the Secretary

The Office of the Secretary shall consist of the Secretary and his immediate staff.

Section 9
Undersecretary

The Secretary shall be assisted by five (5) Undersecretaries who shall be appointed by the
President upon the recommendation of the Secretary. The Secretary is hereby authorized
to delineate, assign and/or reassign the respective functional areas of responsibility of the
Undersecretary, provided, that such responsibility shall be with respect to the mandate
and objectives of the Department; and provided, further, that no Undersecretary shall be
assigned primarily administrative responsibilities. Within his functional area of
responsibility, an Undersecretary shall have the following functions:

a. Advise the Secretary in the promulgation of Department orders, administrative orders

and other issuance with respect to his area of responsibility;

b. Exercise supervision over the offices, services, operating units and officers and
employees under his responsibility;
c. Promulgate rules and regulations, consistent with Department policies, that will
efficiently and effectively govern the activities of units under his responsibility;

d. Coordinate the functions and activities of the units under his responsibility with those
of other units under the responsibility of other Undersecretaries;

e. 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; and

f. Perform other functions as may be provided by law or assigned by the Secretary.

Section 10
Assistant Secretary

The Secretary and the Undersecretaries shall be assisted by seven (7) Assistant
Secretaries in the formulation, management and implementation of natural resources
laws, policies, plans, and programs and projects. They shall oversee the day-to-day
operations, administration and supervision of the constituents of the Department. The
seven (7) Assistant Secretaries shall be responsible for the
following:chanroblesvirtuallawlibrary
a. Policy and Planning Studies

b. Foreign-Assisted and Special Projects

c. Field Operations in Luzon

d. Field Operations in Visayas

e. Field Operations in Mindanao

f. Legal Affairs

g. Management Services

Section 11
Public Affairs Office

There is hereby created a Public Affairs Office, under the Office of the Secretary, to be
headed by a Director and assisted by an Assistant Director, which shall serve as the
public information arm of the Department. It shall be responsible for disseminating
information on natural resources development, policies, plans, programs and projects;
and respond to public queries related to the development and conservation of natural
resources.

The Public Affairs Office of all bureaus are hereby abolished and their functions are
transferred to the Public Affairs Office in accordance with Section 24(b) thereof.
 Section 12
Special Concerns Office

There is hereby created a Special Concerns Office under the Office of the Secretary, to be
headed by a Director and assisted by an Assistant Director, which shall be responsible for
handling priority areas/subjects identified by the Secretary which necessitates special and
immediate attention.

Section 13
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), in accordance with Section 24 (e) hereof,
except those line functions and powers which are transferred to the regional field office.

The Forest Management Bureau, 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, but not limited to:

a. Recommend policies and/or programs for the effective protection, development,

occupancy, management and conservation of forest lands and watersheds, including
grazing and mangrove areas, reforestation and rehabilitation of critically
denuded/degraded forest reservations, improvement of water resource use and
development, ancestral lands, wilderness areas and other natural preserves, development
of forest plantations including rattan, bamboo, and other valuable non-timber forest
resources, rationalization of the wood-based industries, regulation of the utilization and
exploitation of forest resources including wildlife, to ensure continued supply of forest
goods and services;

b. Advise the regional offices in the implementation of the above policies and/or
programs;

c. Develop plans, programs, operating standards and administrative measures to promote

the Bureau's objectives and functions;

d. Assist in the monitoring and evaluation of forestry and watershed development

projects to ensure efficiency and effectiveness;

e. Undertake studies on the economics of forestry and forest-based industries, including

supply and demand trends on the local, national and international levels, identifying
investment problems and opportunities, in various areas; and

f. Perform other functions as may be assigned by the Secretary and/or provided by law.
 Section 14
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. 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, but not limited to:

a. Recommend policies and programs for the efficient and effective administration,
surveys, management and disposition of alienable and disposable lands of the public
domain and other lands outside the responsibilities of other government agencies; such as
reclaimed areas and other areas not needed for or are not being utilized for the purposes
for which they have been established;

b. Advise the Regional Offices on the efficient and effective implementation of policies,
programs and projects for more effective public lands management;

c. Assist in the monitoring and evaluation of land surveys, management and disposition
of lands to ensure efficiency and effectiveness thereof;

d. Issue standards, guidelines, regulations and orders to enforce policies for the
maximization of land use and development;

e. Develop operating standards and procedure to entrance the Bureau's objectives and
functions;
f. Assist the Secretary as Executive Officer charged with carrying out the provisions of
the Public Land Act [C.A. 141, as amended], who shall have direct executive control of
the survey, classification, lease, sale, or any other forms of concessions or disposition and
management of the lands of the public domain; and

g. Perform other functions as may be assigned by the Secretary and/or provided by law.

Section 15
Mines and Geo-Sciences Bureau

There is hereby created the Mines and Geo-Sciences Bureau which shall absorb the
functions of the Bureau of Mines and Geo-Sciences (BMGS), 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. The
Mines and Geo-Sciences Bureau, 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, development and conservation and shall have the following
functions, but not limited to:
a. Recommend policies, regulations and programs pertaining to mineral resources
development and geology;

b. Recommend policies, regulations and oversee the development and exploitation of

mineral resources of the sea within the country's jurisdiction such as silica sand, gold
placer, magnetite and chromite sand, etc.;

c. Advise the Secretary on the granting of mining rights and contracts over areas
containing metallic and non-metallic resources;

d. Advise the Regional Offices on the effective implementation of mineral development

and conservation programs as well as geological surveys;

e. Assist in the monitoring and evaluation of the Bureau's programs and projects to
ensure efficiency and effectiveness thereof;

f. Develop and promulgate standards and operating procedures on mineral resources

development and geology;

g. Supervise and control the development and packaging of nationally applicable

technologies in geological survey, mineral resource assessment, mining and metallurgy;
the provision of geological, metallurgical, chemical and rock mechanics laboratory
services; the conduct of marine geological and geophysical survey and natural
exploration drilling programs; and

h. Perform other functions as may be assigned by the Secretary and/or provided by law.

Section 16
Environmental Management Bureau

There is hereby created an Environmental Management Bureau. The National

Environmental Protection Council (NEPC), the National Pollution Control Commission
(NPCC), and the Environmental Center of the Philippines (ECP), are hereby abolished
and their powers and functions are hereby integrated into the Environmental Management
Bureau in accordance with Section 24(c) hereof, subject to Section 19 hereof. 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, conservation, and pollution control. The Environmental Management
Bureau shall have the following functions:

a. Recommend possible legislations, policies and programs for environmental

management and pollution control;

b. Advise the Regional Offices in the efficient and effective implementation of policies,
programs, and projects for the effective and efficient environmental management and
pollution control;
c. Formulate environmental quality standards such as the quality standards for water, air,
land, noise, and radiations;

d. Recommend rules and regulations for environmental impact assessments and provide
technical assistance for their implementation and monitoring;

e. Formulate rules and regulations for the proper disposition of solid wastes, toxic, and
hazardous substances;

f. Advise the Secretary on the legal aspects of environmental management and pollution
control and assist in the conduct of public hearings in pollution cases;

g. Provide secretariat assistance to the Pollution Adjudication Board, created under

Section 19 hereof;

h. Coordinate the inter-agency committees that may be created for the preparation of the
State of the Philippine Environment Report and the National Conservation Strategy;

i. Provide assistance to the Regional Offices in the formulation and dissemination of

information on environmental and pollution matters to the general public;

j. Assist the Secretary and the Regional Officers by providing technical assistance in the
implementation of environmental and pollution laws; and

k. Provide scientific assistance to the Regional Offices in the conduct of environmental

research programs.

Section 17
Ecosystems Research and Development Bureau

The Forest Research Institute and the National Mangrove Committee are hereby
abolished and integrated into the Ecosystems Research and Development Bureau in
accordance with Section 24(e) hereof. The Ecosystems Research and Development
Bureau shall be headed by a Director and assisted by an Assistant Director. The Bureau
shall have the following functions:

a. Formulate and recommend an integrated research program relating to Philippine

ecosystems and natural resources such as minerals, lands, forests, as holistic and
interdisciplinary fields of inquiry;

b. Assist the Secretary in determining a system of priorities for the allocation of

resources to various technological research programs of the department;

c. Provide technical assistance in the implementation and monitoring of the

aforementioned research programs;
d. Generate technologies and provide scientific assistance in the research and
development of technologies relevant to the sustainable uses of Philippine ecosystems
and natural resources; and

e. Assist the Secretary in the evaluation of the effectiveness of the implementation of the
integrated research program.

The Ecosystems Research and Development Bureau shall directly manage and administer
the FORI Research Offices, laboratories, and forest experiment stations located at UP Los
Banos, and such other field laboratories as the Secretary may assign to its direct
supervision. The Bureau shall coordinate all technological researches undertaken by the
field offices, assess and translate all recommendable findings and disseminate such
findings for all possible users and clientele.

Section 18
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: Calauit Game Preserve and Wildlife Sanctuary, Presidential
Committee on the Conservation of Tamaraw, Ninoy Aquino Parks and Wildlife Center
(formerly Parks and Wildlife Nature Center), shares in Kabuhayan Program and Agro
Forestry State Projects of the KKK Processing Authority, all national parks, wildlife
sanctuaries and game preserves previously managed and administered by the Ministry of
Human Settlements including National Parks Reservation situated in the provinces of
Bulacan, Rizal, Laguna and Quezon, formerly declared as Bagong Lipunan Sites of said
Ministry, Magat Forest Reservation and Mr. Arayat National Park, formerly with the
Ministry of Tourism, in accordance with Section 24(c) hereof. The Protected Areas and
Wildlife Bureau shall be headed by a Director and assisted by an Assistant Director. The
Bureau shall have the following functions:

a. Formulate and recommend policies, guidelines, rules and regulations for the
establishment and management of an Integrated Protected Areas Systems such as national
parks, wildlife sanctuaries and refuge, marine parks, and biospheric reserves;

b. Formulate an up-to-date listing of endangered Philippine flora and fauna and

recommend a program of conservation and propagation of the same;

c. Formulate and recommend policies, guidelines, rules and regulations for the
preservation of biological diversity, genetic resources, the endangered Philippine flora
and fauna;

d. 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;
e. Perform other functions as may be assigned by the Secretary and/or provided by law.

Section 19
Pollution Adjudication Board

There is hereby created a Pollution Adjudication Board under the Office of the Secretary.
The Board shall be composed of the Secretary as Chairman, two (2) Undersecretaries as
may be designated by the Secretary, the Director of Environmental Management Bureau,
and three (3) others to be designated by the Secretary as members. The Board shall
assume the powers and functions of the Commission/Commissioners of the National
Pollution Control Commission with respect to the adjudication of pollution cases under
Republic Act 3931 and Presidential Decree 984, particularly with respect to Section 6,
letters e, f, g, j, k, and p, of P.D. 984. The Environmental Management Bureau shall serve
as the Secretariat of the Board. 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.

Section 20
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, the Environment and
Natural Resources Provincial Office in every province and the Community Office in
municipalities wherever deemed necessary. The regional offices of the Bureau of Forest
Development, Bureau of Mines and Geo-Sciences, 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, in accordance with Section 24(e) hereof. 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, Lands Management, Mines
and Geo-Sciences, Environmental Management, and Ecosystems Research. The Regional
Executive Directors and Regional Technical Directors shall be Career Executive Service
Officers.

Section 21
Functions of Environment and Natural Resources Regional Office

Environment and Natural Resources Regional Offices shall be located in the identified
regional capitals and shall have the following functions, but not limited
to:chanroblesvirtuallawlibrary
a. Implement laws, policies, plans, programs, projects, rules and regulations of the
Department to promote the sustainability and productivity of natural resources, social
equity in natural resource utilization and environmental protection;
b. Provide efficient and effective delivery of services to the people;

c. Coordinate with regional offices of other departments, offices, agencies in the region
and local government units in the enforcement of natural resource conservation laws and
regulations, and in the formulation/implementation of natural resources programs and
projects;

d. Recommend and, upon approval, implement programs and projects on forestry,

minerals, and land management and disposition;

e. Conduct comprehensive inventory of natural resources in the region and formulate

regional short and long-term development plans for the conservation, utilization, and
replacement of natural resources;

f. Evolve respective regional budget in conformity with the priorities established by the
Regional Development Councils;

g. Supervise the processing of natural resources products, grade and inspect minerals,
lumber and other wood processed products, and monitor the movement of these products;

h. Conduct field researches for appropriate technologies recommended for various

projects; and

i. Perform other functions as may be assigned by the Secretary and/or provided by law.
The natural resources provincial and community offices shall absorb, respectively, the
functions of the district offices of the bureaus, which are hereby abolished in accordance
with Section 24(b) hereof. The provincial and community natural resource office shall be
headed by a provincial natural resource officer and community natural resource officer,
respectively.

Section 22
Attached Agencies and Corporations

The following agencies and corporations are attached to the Department:

a. National Mapping and Resource Information Authority

There is hereby created the National Mapping and Resource Information Authority
(NAMRIA) which shall integrate the functions and powers of the Natural Resources
Management Center (NRMC), National Cartography Authority (NCA), the Bureau of
Coast and Geodetic Survey (BCGS), and the Land Classification Teams based at the then
Bureau of Forest Development, in accordance with Section 24(e) hereof, which shall
provide the Department and the government with map-making services. 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,
and shall expand its capability in the production and maintenance of maps, charts and
similar photogrammetry and cartography materials.

The Authority shall be responsible for conducting research on remote sensing

technologies such as satellite imagery analysis, airborne multi-spectral scanning systems,
and side-looking airborne radar; provide remote sensing services and vital data on the
environment, water resources, agriculture and other information needed by other
government agencies and the private sector; integrate all techniques of producing maps
from the ground surveys to various combinations of remote sensing techniques in a cost-
effective and acceptable manner; 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, planning and management. It shall be the
central depository and distribution facility for natural resources data in the form of maps,
statistics, text, charts, etc. store on paper, film or computer compatible media and shall
operate information services and networks to facilitate transfer, sharing, access and
dissemination of natural resource information in all regions and provinces of the country;
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; formulate and implement
nationwide development program on aerial photography, cartography and remote sensing
mapping activities; establish and implement technical standards and quality specification
on map production and its reproduction; and provide photogrammetry, cartographic and
remote sensing mapping services in order to accelerate the development of a
comprehensive data bank and information systems on base maps and charts.

The NAMRIA shall be provided with policy directions by a five (5) member Board of
Governors consisting of key officers with no less than the rank of undersecretaries as
follows:chanroblesvirtuallawlibrary

Department of Environment
and Natural Resources - Chairman

Department of Agriculture
and Food - 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. The Administrator shall sit in the
Board as its Secretary.

b. Natural Resources Development Corporation

The existing Natural Resources Development Corporation (NRDC), shall be reorganized

under the direct supervision of the Secretary. It shall be responsible primarily for
promoting natural resource development and conservation through:

1. Direct involvement in pioneering but potentially viable production, use, and marketing
ventures or projects using new/innovative technologies, systems, and strategies such as
but not limited to stumpage sales system, industrial forest plantations or logging
operations, rattan tissue culture; provided, however, that activities which compete with
the private sector shall be avoided except in specific cases where the revenues of NRDC
are earmarked for a specific local developmental or social service.

2. Financing natural resource development projects undertaken by the private sector such
as establishing industrial tree plantations, agro-forestry, small-scale mining and retooling
of the natural resource-based processing industries to improve their efficiency and
competitiveness; to discharge these functions effectively, it is hereby authorized to
generate funds through debt instruments from various sources, and innovative income-
generating strategies.

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, credit line/facilities, marketing and
management.

c. The National Electrification Administration

The National Electrification Administration (NEA) 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, programs, and plan which can
not be carried out by the private sector. The plans and programs of NEA shall be carried
out in conformity with policies defined by appropriate energy authorities.

Section 23
Detachment and Transfers

The following offices and corporation attached to the Department of Environment,

Energy and Natural Resources by E. O. 131, are hereby detached and/or transferred as
follows:
a. Manila Seedling Bank Foundation, Inc. is administratively detached from the
Department;

b. Bureau of Energy Utilization; and

c. Bureau of Energy Development are transferred to the appropriate energy governing

body pursuant to the Executive Order pertaining to it.

Section 24
Transitory Provisions

In accomplishing the acts of reorganization herein prescribed, the following transitory

provisions shall be complied with, unless otherwise provided elsewhere in this Executive
Order:

a. The transfer of a government unit shall include the functions, appropriations, funds,
records, equipment, facilities, chosen in action, rights, other assets, and liabilities, if any,
of the transferred unit as well as the personnel thereof, as may be necessary, who shall, in
a hold-over capacity, continue to perform their respective duties and responsibilities, and
receive the corresponding salaries and benefits. Those personnel from the transferred unit
whose positions are not included in the Department's new positions 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.

b. The transfer of functions which results in the abolition of the government unit that
exercised them shall include the appropriations, funds, records, equipment, facilities,
chosen in action, rights, other assets and personnel as may be necessary to the proper
discharge of the transferred functions. The abolished unit's remaining appropriations and
funds, if any, shall revert to the General Fund and its remaining assets, if any, shall be
allocated to such appropriate units as the Secretary shall determine or shall otherwise be
disposed in accordance with the Government Auditing Code and other pertinent laws,
rules and regulations. Its liabilities, ia any, shall likewise be treated in accordance with
the Government Auditing Code and other pertinent laws, rules, and regulations. Its
personnel shall, in a hold-over capacity, continue to perform their duties and
responsibilities and receive the corresponding salaries and benefits. 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 is not reappointed, shall be
deemed separated from the service and shall be entitled to the benefits provided in the
second paragraph of the same Section 25.

c. Any transfer of functions which does not result in the abolition of the government unit
that has exercised them shall include the appropriations, funds, records, equipment,
facilities, chosen in action, rights and assets and personnel as may be necessary to the
proper discharge of the transferred functions. The liabilities, if any, that may have been
incurred in connection with the discharge of the transferred functions, shall be treated in
accordance with the Government Auditing Code, and other pertinent laws, rules and
regulations. Such personnel shall, in a hold-over capacity, continue to perform their
duties and responsibilities and receive the corresponding salaries and benefits unless in
the meantime they are separated from the service. Any personnel 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 is not reappointed, shall be
deemed separated from the service and shall be entitled to the benefits provided in the
second paragraph of the same Section 25.

d. In case of the abolition of the government unit which does not result in the transfer of
its functions to another unit, the appropriations and funds of the abolished entity shall
revert to the General Fund, while the records, equipment, facilities, chosen in action,
rights, 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, rules and regulations. The liabilities
of the abolished units shall be treated in accordance with the Government Auditing Code
and other pertinent laws, rules and regulations, while the personnel thereof, whose
position is not included in the Department's new position structure and staffing pattern
approved and prescribed by the Secretary under Section 25 hereof or who has not been
reappointed, shall be deemed separated from the service and shall be entitled to the
benefits provided in the second paragraph of the same Section 25.

e. In case of merger or consolidation of government units, the new or surviving unit shall
exercise the functions (subject to the reorganization herein prescribed and the laws, rules
and regulations pertinent to the exercise of such functions) and shall acquire the
appropriations, funds, records, equipment, facilities, chosen in action, rights, other assets,
liabilities, if any, and personnel, as may be necessary, of the units that compose the
merged unit shall, in a hold-over capacity, 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. Any such personnel, 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, shall be
deemed separated from the service and shall be entitled to the benefits provided in the
second paragraph of the same Section 25.

f. In case of termination of a function which does not result in the abolition of the
government unit which performed such function, the appropriations and funds intended to
finance the discharge of such function shall revert to the General Fund while the records,
equipment, facilities, chosen in action, rights and other assets used in connection with the
discharged 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, rules, and regulations. The liabilities, if any, 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,
rules and regulations. The personnel who have performed such function, whose positions
are not included in the Department's new position structure and staffing pattern approved
and prescribed by the Secretary under Section 25 hereof, or who have not been
reappointed, shall be deemed separated from the service and shall be entitled to the
benefits provided in the second paragraph of the same Section 25 hereof.

Section 25
New Structure and Pattern

Upon approval of this Executive Order, the officers and employees of the Department
shall, in a holdover capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits unless in the
meantime they are separated from government service. The 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. Those incumbents whose positions are not included therein
or who are not reappointed shall be deemed separated from the service. Those separated
from the service shall receive the retirement benefits to which they may be entitled under
existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of one
(1) month basic salary for every year of service in the government, or a fraction thereof,
computed on the basis of the highest salary received, but in no case shall such payment
exceed the equivalent of twelve (12) months salary.

Section 26
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.

Section 27
Notice of 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, such notice or consent requirement shall be complied
with prior to the implementation of such reorganizational change.

Section 28
Prohibition Against Structural Changes

No change in 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.
 Section 29
Funding

Funds needed to carry out the provisions of this Executive Order shall be taken from
funds available in the Department.

Section 30
Implementing Authority of the Secretary

The Secretary shall issue such orders, rules, and regulations and other issuances as may
necessary to ensure the effective implementation of the provisions of this Executive
Order.

Section 31
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.

Section 32
Repealing Clause

All laws, ordinances, rules, regulations and other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified accordingly.

Section 33
Effectivity

This Executive Order shall take effect immediately.

E. Disposition of Natural Resources

1. La Bugal-B’ Laan Tribal Association, Inc. vs Ramos, GR No. 127882,
December 1, 2004.

On Xerox digested case

F. Constitutional Provision on Disposition of Lands of the Public Domain

1. Chavez vs Public Estates Authority, GR. No. 133250, July 9, 2002

“The 1935, 1973 and 1987 Constitutions adopted the Regalian doctrine substituting,
however, the State, in lieu of the King, as the owner of all lands and waters of the public
domain.
The Regalian doctrine is the foundation of the time-honored principle of land
ownership that “all lands that were not acquired from the Government, either by
purchase or by grant, belong to the public domain.”

Article 339 of the Civil Code of 1889, which is now Article 420 of the Civil Code of
1950, incorporated the Regalian doctrine….” “The ban in the 1973 Constitution on
private corporations from acquiring alienable lands of the public domain did not apply to
PEA since it was then, and until today, a fully owned government corporation. The
constitutional ban applied then, as it still applies now, only to “private corporations and
associations.” PD No. 1084 expressly empowers PEA “to hold lands of the public
domain” even “in excess of the area permitted to private corporations by statute.”

Thus, PEA can hold title to private lands, as well as title to lands of the public domain.
“In order for PEA to sell its reclaimed foreshore and submerged alienable lands of the
public domain, there must be legislative authority empowering PEA to sell these lands.
“Without such legislative authority, PEA could not sell but only lease its reclaimed
foreshore and submerged alienable lands of the public domain. Nevertheless, any
legislative authority granted to PEA to sell its reclaimed alienable lands of the public
domain would be subject to the constitutional ban on private corporations from acquiring
alienable lands of the public domain. Hence, such legislative authority could only benefit
private individuals. “The 1987 Constitution, like the 1935 and 1973 Constitutions before
it, has adopted the Regalian doctrine. The 1987 Constitution declares that all natural
resources are “owned by the State,” and except for alienable agricultural lands of the
public domain, natural resources cannot be alienated. “The 1987 Constitution continues
the State policy in the 1973 Constitution banning private corporations from acquiring any
kind of alienable land of the public domain. Like the 1973 Constitution, the 1987
Constitution allows private corporations to hold alienable lands of the public domain only
through lease. As in the 1935 and 1973 Constitutions, the general law governing the lease
to private corporations of reclaimed, foreshore and marshy alienable lands of the public
domain is still CA No. 141….”

“Absent two official acts – a classification that these lands are alienable or disposable and
open to disposition and a declaration that these lands are not needed for public service,
lands reclaimed by PEA remain inalienable lands of public domain. Only such an official
classification and formal declaration can convert reclaimed lands into alienable or
disposable lands of the public domain, open to disposition under the Constitution, Title I
and Title III 83 of CA No. 141 and other applicable laws….”

“PEA’s charter … expressly tasks PEA “to develop, improve, acquire, administer, deal
in, subdivide, dispose, lease and sell any and all kind of lands… owned, managed,
controlled and/or operated by the government.” There is, therefore, legislative authority
granted to PEA to sell its lands, whether patrimonial or alienable lands of the public
domain. PEA may sell to private parties its patrimonial properties in accordance with
the PEA charter free from constitutional limitations. The constitutional ban on private
corporations from acquiring alienable lands of the public domain does not apply to the
sale of PEA’s patrimonial lands.
“PEA may also sell its alienable or disposable lands of the public domain to private
individuals since with the legislative authority, there is no longer any statutory
prohibition against such sales and the constitutional ban does not apply to individuals.
PEA, however, cannot sell any of its alienable or disposable lands of the public domain to
private corporations since Section 3, Article XII of the 1987 Constitution expressly
prohibits such sales. The legislative authority benefits only individuals. Private
corporations remain barred from acquiring any kind of alienable land of the public
domain, including government reclaimed lands….”

“The grant of legislative authority to sell public lands in accordance with Section 60 of
CA No 141 does not automatically convert alienable lands of the public domain into
private or patrimonial lands. The alienable lands of the public domain must be transferred
to qualified private parties, or to government entities not tasked to dispose of public
lands, before these lands can become private or patrimonial lands. Otherwise, the
constitutional ban will become illusory if Congress can declare lands of the public
domain as private or patrimonial lands in the hands of a government agency tasked to
dispose of public lands. This will allow private corporations to acquire directly from
government agencies limitless areas of lands which, prior to such law, are concededly
public lands….”

“To allow vast areas of reclaimed lands of the public domain to be transferred to PEA as
private lands will sanction a gross violation of the constitutional ban on private
corporations from acquiring any kind of alienable land of the public domain. PEA will
simply turn around, as PEA has now done under the Amended JVA, and transfer several
hundreds of hectares of these reclaimed and still to be reclaimed lands to a single private
corporation in only one transaction. This scheme will effectively nullify the constitutional
ban in Section 3, Article XII of the 1987 Constitution which was intended to diffuse
equitably the ownership of alienable lands of the public domain among Filipinos, now
numbering over 80 million strong. “This scheme, if allowed, can even be applied to
alienable agricultural lands of the public domain since PEA can “acquire… any and all
kinds of lands.” This will open the floodgates to corporations and even individuals
acquiring hundreds of hectares of alienable lands of the public domain under the guise
that in the hands of PEA these lands are private lands. This will result in corporations
amassing huge landholdings never before seen in this country – creating the very
evil that the constitutional ban was designed to prevent. This will completely reverse the
clear direction of constitutional development in this country. The 1935 Constitution
allowed private corporations to acquire not more than 1,024 hectares of public lands. The
1973 Constitution prohibited private corporations from acquiring any kind of public land,
and the 1987 Constitution has unequivocally reiterated this prohibition….”

“The Regalian doctrine is deeply implanted in our legal system. Foreshore and
submerged areas form part of the public domain and are inalienable. Lands reclaimed
from foreshore and submerged areas also form part of the public domain and are also
inalienable, unless converted pursuant to law into alienable or disposable lands of the
public domain.
Historically, lands reclaimed by the government are sui generis, not available for sale to
private parties unlike other alienable public lands. Reclaimed lands retain their inherent
potential as areas for public use or public service. Alienable lands of the public domain,
increasingly becoming scarce natural resources, are to be distributed equitably among our
ever-growing population. To ensure such equitable distribution, the 1973 and 1987
Constitutions have barred private corporations from acquiring any kind of alienable land
of the public domain. Those who attempt to dispose of inalienable natural resources of
the state, or seek to circumvent the conditional ban on alienation of lands of the public
domain to private corporations, do so at their own risks.”

G. Disposition of Public Lands under the Public Land Act

1. Collado vs CA, GR No. 107764, October 4, 2002

“Under the Regalian Doctrine, all lands not otherwise appearing to be clearly within
private ownership are presumed to belong to the State.” “An applicant for confirmation of
imperfect title bears the burden of proving that he meets the requirements of Section
48 of CA 141, as amended. He must overcome the presumption that the land he is
applying for is part of the public domain and that he has an interest therein sufficient to
warrant registration in his name arising from an imperfect title. An imperfect title may
have been derived from old Spanish grants such as a titulo real or royal grant, a
concession especial or special grant, a composition con el estado or adjustment title, or a
titulo de compra or title through purchase. “Or, that he has had continuous, open and
notorious possession and occupation of agricultural lands of the public domain under a
bona fide claim of ownership for at least thirty years preceding the filing of his
application as provided in Section 48(b) of CA 141.”

The Public Land Act requires that the applicant must prove the following: (a) that the
land is alienable public land, and (b) that his open, continuous, exclusive and
notorious possession and occupation of the same must either be since time immemorial,
or for the period prescribed in the law. When the conditions set by law are complied
with, the possessor of the land, by operation of law, acquires a right to a government
grant, without need of a certificate of title being issued.

“Section 48(b) of CA 141, as amended, applies exclusively to alienable and disposable

public agricultural land. Forest lands, including watershed reservations, are excluded. It
is axiomatic that the possession of forest lands or other inalienable public lands cannot
ripen into private ownership. In Municipality of Santiago, Isabela v. Court of Appeals
(120 SCRA 734 [1983]), the Court declared that inalienable public lands – ‘cannot be
acquired by acquisitive prescription. Prescription, both acquisitive and extinctive, does
not run against the State.’” “In fine, one claiming ‘private rights’ must prove that has
complied with C.A. No. 141, as amended, otherwise known as the Public Land Act,
which prescribes the substantive as well as the procedural requirements for acquisition of
public lands. This law requires at least thirty (30) years of open, continuous, exclusive
and notorious possession of agricultural lands of the public domain, under a bona fide
claim of acquisition, immediately preceding the filing of the application for free
patent. The rationale for the 30-year period lies in the presumption that the land applied
for pertains to the State, and that occupants and/or possessors claim an interest therein
only by virtue of their imperfect title or continuous, open and notorious possession.”

“A positive act (e.g., an official proclamation) of the Executive Department is needed to

declassify land which had been earlier classified as a watershed reservation and to
convert it into alienable or disposable land for agricultural or other purposes. Unless and
until the land classified as such is released in an official proclamation so that it may form
part of the disposable agricultural lands of the public domain, the rules on confirmation
of imperfect title do not apply.”

“It is now established that the Lot, being a watershed reservation, is not alienable and
disposable public land. The evidence of the (applicants) do not clearly and convincingly
show that the Lot, described as Lot Psu-162620, ceased to be a portion of the area
classified as a watershed reservation of the public domain. Any title to the Lot is void ab
initio. In view of this, the alleged procedural infirmities attending the filing of the petition
for annulment of judgment are immaterial since the land registration court never acquired
jurisdiction over the Lot. All proceedings of the land registration court involving the Lot
are therefore null and void.”

“(T)he right of reversion or reconveyance to the State of the public properties

registeredand which are not capable of private appropriation or private acquisition does
not prescribe.”

H. Ancestral Domains of Indigenous People

Indigenous Peoples Rights Act of 1997 (RA 8371)
1. Cruz vs Secretary of Environment and Natural Resources, 347
SCRA 128, GR No. 135385, December 6, 2000

Petitioners Isagani Cruz and Cesar Europa brought this suit for prohibition and
mandamus as citizens and taxpayers, assailing the constitutionality of certain
provisions of Republic Act No. 8371 (R.A. 8371), otherwise known as the Indigenous
Peoples Rights Act of 1997 (IPRA), and its Implementing Rules and Regulations
(Implementing Rules). chanrobles virtual law library

In its resolution of September 29, 1998, the Court required respondents to

comment.[1 In compliance, respondents Chairperson and Commissioners of the
National Commission on Indigenous Peoples (NCIP), the government agency created
under the IPRA to implement its provisions, filed on October 13, 1998 their
Comment to the Petition, in which they defend the constitutionality of the IPRA and
pray that the petition be dismissed for lack of merit. chanrobles virtual law library

On October 19, 1998, respondents Secretary of the Department of Environment and

Natural Resources (DENR) and Secretary of the Department of Budget and
Management (DBM) filed through the Solicitor General a consolidated Comment. The
Solicitor General is of the view that the IPRA is partly unconstitutional on the ground
that it grants ownership over natural resources to indigenous peoples and prays that
the petition be granted in part. chanrobles virtual law library
On November 10, 1998, a group of intervenors, composed of Sen. Juan Flavier, one
of the authors of the IPRA, Mr. Ponciano Bennagen, a member of the 1986
Constitutional Commission, and the leaders and members of 112 groups of
indigenous peoples (Flavier, et. al), filed their Motion for Leave to Intervene. Theyin
the NCIP in defending the constitutionality of IPRA and praying for the dismissal of
the petition. chanrobles virtual law library

On March 22, 1999, the Commission on Human Rights (CHR) likewise filed a Motion
to Intervene and/or to Appear as Amicus Curiae. The CHR asserts that IPRA is an
expression of the principle of parens patriae and that the State has the responsibility
to protect and guarantee the rights of those who are at a serious disadvantage like
indigenous peoples. For this reason it prays that the petition be dismissed. chanrobles virtual law library

On March 23, 1999, another group, composed of the Ikalahan Indigenous People and
the Haribon Foundation for the Conservation of Natural Resources, Inc. (Haribon, et
al.), filed a motion to Intervene with attached Comment-in-Intervention. They agree
with the NCIP and Flavier, et al. that IPRA is consistent with the Constitution and
pray that the petition for prohibition and mandamus be dismissed. chanrobles virtual law library

The motions for intervention of the aforesaid groups and organizations were
granted. chanrobles virtual law library

Oral arguments were heard on April 13, 1999. Thereafter, the parties and
intervenors filed their respective memoranda in which they reiterate the arguments
adduced in their earlier pleadings and during the hearing. chanrobles virtual law library

Petitioners assail the constitutionality of the following provisions of the IPRA and its
Implementing Rules on the ground that they amount to an unlawful deprivation of
the States ownership over lands of the public domain as well as minerals and other
natural resources therein, in violation of the regalian doctrine embodied in Section 2,
Article XII of the Constitution: chanrobles virtual law library

(1) Section 3(a) which defines the extent and coverage of ancestral domains, and
Section 3(b) which, in turn, defines ancestral lands; chanrobles virtual law library

(2) Section 5, in relation to section 3(a), which provides that ancestral domains
including inalienable public lands, bodies of water, mineral and other resources
found within ancestral domains are private but community property of the
indigenous peoples; chanrobles virtual law library

(3) Section 6 in relation to section 3(a) and 3(b) which defines the composition of
ancestral domains and ancestral lands; chanrobles virtual law library

(4) Section 7 which recognizes and enumerates the rights of the indigenous peoples
over the ancestral domains; chanrobles virtual law library

(5) Section 8 which recognizes and enumerates the rights of the indigenous peoples
over the ancestral lands; chanrobles virtual law library

(6) Section 57 which provides for priority rights of the indigenous peoples in the
harvesting, extraction, development or exploration of minerals and other natural
resources within the areas claimed to be their ancestral domains, and the right to
enter into agreements with nonindigenous peoples for the development and
utilization of natural resources therein for a period not exceeding 25 years,
renewable for not more than 25 years; and chanrobles virtual law library
(7) Section 58 which gives the indigenous peoples the responsibility to maintain,
develop, protect and conserve the ancestral domains and portions thereof which are
found to be necessary for critical watersheds, mangroves, wildlife sanctuaries,
wilderness, protected areas, forest cover or reforestation. 2 chanrobles virtual law library

Petitioners also content that, by providing for an all-encompassing definition of

ancestral domains and ancestral lands which might even include private lands found
within said areas, Sections 3(a) and 3(b) violate the rights of private landowners. 3
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chanrobles

In addition, petitioners question the provisions of the IPRA defining the powers and
jurisdiction of the NCIP and making customary law applicable to the settlement of
disputes involving ancestral domains and ancestral lands on the ground that these
provisions violate the due process clause of the Constitution. [4 chanrobles virtual law library

These provisions are: chanrobles virtual law library

(1) sections 51 to 53 and 59 which detail the process of delineation and recognition
of ancestral domains and which vest on the NCIP the sole authority to delineate
ancestral domains and ancestral lands; chanrobles virtual law library

(2) Section 52[i] which provides that upon certification by the NCIP that a particular
area is an ancestral domain and upon notification to the following officials, namely,
the Secretary of Environment and Natural Resources, Secretary of Interior and Local
Governments, Secretary of Justice and Commissioner of the National Development
Corporation, the jurisdiction of said officials over said area terminates; chanrobles virtual law library

(3) Section 63 which provides the customary law, traditions and practices of
indigenous peoples shall be applied first with respect to property rights, claims of
ownership, hereditary succession and settlement of land disputes, and that any
doubt or ambiguity in the interpretation thereof shall be resolved in favor of the
indigenous peoples; chanrobles virtual law library

(4) Section 65 which states that customary laws and practices shall be used to
resolve disputes involving indigenous peoples; and chanrobles virtual law library

(5) Section 66 which vests on the NCIP the jurisdiction over all claims and disputes
involving rights of the indigenous peoples. 5 chanrobles virtual law library

Finally, petitioners assail the validity of Rule VII, Part II, Section 1 of the NCIP
Administrative Order No. 1, series of 1998, which provides that the administrative
relationship of the NCIP to the Office of the President is characterized as a lateral
but autonomous relationship for purposes of policy and program coordination. They
contend that said Rule infringes upon the Presidents power of control over executive
departments under Section 17, Article VII of the Constitution. [6 chanrobles virtual law library

Petitioners pray for the following: chanrobles virtual law library

(1) A declaration that Sections 3, 5, 6, 7, 8, 52[I], 57, 58, 59, 63, 65 and 66 and
other related provisions of R.A. 8371 are unconstitutional and invalid; chanrobles virtual law library

(2) The issuance of a writ of prohibition directing the Chairperson and

Commissioners of the NCIP to cease and desist from implementing the assailed
provisions of R.A. 8371 and its Implementing Rules; chanrobles virtual law library
(3) The issuance of a writ of prohibition directing the Secretary of the Department of
Environment and Natural Resources to cease and desist from implementing
Department of Environment and Natural Resources Circular No. 2, series of 1998;
library
chanrobles virtual law

(4) The issuance of a writ of prohibition directing the Secretary of Budget and
Management to cease and desist from disbursing public funds for the
implementation of the assailed provisions of R.A. 8371; and chanrobles virtual law library

(5) The issuance of a writ of mandamus commanding the Secretary of Environment

and Natural Resources to comply with his duty of carrying out the States
constitutional mandate to control and supervise the exploration, development,
utilization and conservation of Philippine natural resources. 7 chanrobles virtual law library

After due deliberation on the petition, the members of the Court voted as follows:
library
chanrobles virtual law

Seven (7) voted to dismiss the petition. Justice Kapunan filed an opinion, which the
Chief Justice and Justices Bellosillo, Quisumbing, and Santiagoin, sustaining the
validity of the challenged provisions of R.A. 8371. Justice Puno also filed a separate
opinion sustaining all challenged provisions of the law with the exception of Section
1, Part II, Rule III of NCIP Administrative Order No. 1, series of 1998, the Rules and
Regulations Implementing the IPRA, and Section 57 of the IPRA which he contends
should be interpreted as dealing with the large-scale exploitation of natural
resources and should be read in conjunction with Section 2, Article XII of the 1987
Constitution. On the other hand, Justice Mendoza voted to dismiss the petition solely
on the ground that it does not raise a justiciable controversy and petitioners do not
have standing to question the constitutionality of R.A. 8371. chanrobles virtual law library

Seven (7) other members of the Court voted to grant the petition. Justice
Panganiban filed a separate opinion expressing the view that Sections 3 (a)(b), 5, 6,
7 (a)(b), 8, and related provisions of R.A. 8371 are unconstitutional. He reserves
judgment on the constitutionality of Sections 58, 59, 65, and 66 of the law, which he
believes must await the filing of specific cases by those whose rights may have been
violated by the IPRA. Justice Vitug also filed a separate opinion expressing the view
that Sections 3(a), 7, and 57 of R.A. 8371 are unconstitutional. Justices Melo, Pardo,
Buena, Gonzaga-Reyes, and De Leonin in the separate opinions of Justices
Panganiban and Vitug. chanrobles virtual law library

As the votes were equally divided (7 to 7) and the necessary majority was not
obtained, the case was redeliberated upon. However, after redeliberation, the voting
remained the same. Accordingly, pursuant to Rule 56, Section 7 of the Rules of Civil
Procedure, the petition is DISMISSED. chanrobles virtual law library

Attached hereto and made integral parts thereof are the separate opinions of
Justices Puno, Vitug, Kapunan, Mendoza, and Panganiban. chanrobles virtual law library

SO ORDERED. chanrobles virtual law library

I. Land
A. Protected Areas
1. National Integrated Protected Areas System Act (RA 7586)

2. Revised Forestry Code (PD 705)

1. Felipe Ysmael Jr. & Co. Inc. vs Deputy Executive Secretary,
 GR. No. 79538, October 18, 1990.

2. Oposa vs Factoran, 224 SCRA 792 (July 30, 1993)

3. Mustang Lumber vs CA, GR. No. 104988, June 18, 1996

4. Paat vs CA, GR. No. 111107, January 10, 1997

B. Protected Species
1. Conservation and Protection of Wildlife Resources (RA 9147)
2. Protection of the Philippines Eagle (RA 6147)

C. Agriculture
1. Agriculture and Fisheries Modernization (RA 8435)
2. Animal Welfare (RA 8485)

D. Land Tenure

1. Native title to land should be recognized by the government

Carino vs Insular Government, 8 Phil 150, December 6, 1906

2. Forest land is not disposable

1. Republic of the Philippines vs Animas, GR No. L-37682,
March 29, 1974

2. Lepanto Consolidated Mining Company vs Manuel

Dumyung, GR No. L-31666-68, April 30, 1979

3. Comprehensive Agrarian Reform Program (RA 6657)

4. Cases on Land Reform
1. Vinzons-Magana vs. Estrella, GR NO. 60269, September
13, 1991
2. Luz Farms vs Secretary of Agrarian Reform, GR No.
86889, December 4, 1990
3. Maddumba vs GSIS, GR No. 61293, February 15, 1990
4. Association of Small Landowners vs Department of
Agrarian Reform, 175 SCRA 343, (1989)
5. Minerals
1. Small Scale Mining Program (PD 1899)
2. People’s Small Scale Mining (RA 7076)
3. Philippine Mining Act (RA 7942)
1. Miners Association of the Philippines vs Factoran, 240
SCRA 100, GR No. 98332, January 16, 1995

2. La Bugal-B’ Laan Tribal Association, Inc. vs Ramos,

GR No. 127882, December 1, 2004
 6. Energy
1. Exploitation of Petroleum, Coal and Energy Resources
2. Law promoting discovery and production of indigenous
pretroleum
3. Exploration of Geothermal Resources
4. The Mini-Hydroelectric Power Incentives Act (RA 7156)

J. Air
1. Clean Air Act (RA 8749)
1. MMDA vs JANCOM, GR No. 147465, January 30, 2002

K. Waters
1. The Sea
1. Territorial Baselines of the Philippine Archipelago (RA 3046)
2. Exclusive Economic Zone (PD 1599)
3. Fisheries Code (RA 8550)
2. Fresh Water
1. Clean Water Act (RA 9275)

3. Solid Waste Management (RA 9003)

4. International Environmental Law

1. International Environment defined
2. Relevant environmental conventions
3. The principle of “good neighbourliness”
4. The Kyoto Principle

Kyoto Protocol to Climate Change Convention

The Protocol committed the industrialized nations to specified, legally binding reductions
in emissions of six “greenhouse gases.” The Protocol states that these industrialized
countries are committed individually or jointly – to ensuring that their aggregate
anthropogenic carbon dioxide equivalent emissions of greenhouse gases do not exceed
amounts assigned to each country, with a view of reducing their overall emissions of
such gases by at least 5% below 1990 levels in the commitment period 2008-2012. The
six gases covered by the Protocol are carbon dioxide, methane, nitrous oxide, hydrofluorocarbons
(HFCs), perfluorocarbons (PFCs), and sulphur hexafluoride (SF6). The
most prominent of these and the most pervasive in human economic activity is carbon
dioxide, produced when wood or fossil fuels such as oil, coal, gas are burned.
The Protocol does call on all Parties—developed and developing countries alike—to
take a number of steps to formulate national and regional programs to improve local
emission factors, activity data, models, and national inventories of greenhouse gas
emissions and sinks that remove these gases from the atmosphere. All Parties are also
committed to formulate, publish, and update climate change mitigation and adaption
measures, and to cooperate in the promotion and transfer of environmentally-sound
technologies and in scientific and technical research on the climate system.

5. The Precautionary Principle

6. The Polluter Pays Principle
 7. Sustainable Development

Sustained and Environmentally Sound Development

The principles encourage the promotion of a supportive international economic
climate conducive to sustained and environmentally sound development of forests in all
countries. The costs of forest conservation and sustainable development should be
shared equitably by the international community. In particular, developing countries
should receive new and additional financial resources to enable them to sustainably
manage, conserve, and develop their forest resources. Agreed rules that are nondiscriminatory
and consistent with international law should govern trade in all forest
products and unilateral measures to restrict and/or ban international trade in forest
products should be removed or avoided.
The principles deem essential national, international, and regional institutional
capabilities to the conservation and sustaintable development of forests and call for
such capabilities to be strengthened.

8. Examples of environmental concerns and the international

agreement which covers them
9. The United Nations Environment Programme

5. Procedure in Environmental Cases

References:

Codal Provisions
A legal arsenal of the Philippine Environment by Antonio Oposa
The law of National Resources by Ruben Agpalo
International Law by Dennis B. Funa

Atty. Mark D. Borres