08/09/2023

Characteristics of a Contract:
( 1) Mutuality of Contracts. Its validity and performance cannot be left to the will of only one of the parties.
(2) Autonomy of Contracts. Parties are free to stipulate terms and provisions in a contract, as long as these
terms and provisions are not contrary to law, morals, good customs, public order and public policy.
The following are valid stipulations in an employment contract:
a) Non-competition agreements – those that impose restrictions on an employer’s ability to compete with a
former employer are valid as long as:
It is supported by adequate consideration;
The restraint is confined within the limits that are reasonably necessary for the protection of the employer’s
business
Restraint does not impose undue hardship on the employee.
b) Non-solicitation agreements – requirement to newly-hired employees to sign a non-solicitation agreement to
obligate the employee not to solicit contacts and fellow employees of the employer. Non-solicitation agreements
run for an indefinite period.
c) Confidentiality – imposes upon an employee a duty to keep confidential trade secrets and other confidential
company information during employment and after employment. This may also run for an indefinite period.
(3) Relativity of Contracts. Contracts are binding only upon the parties and their successors-in-interest.
A Stipulation pour autrui (stipulation in favor of a third person) will prosper as long as the following requisites are
present:
It must be for the benefit or interest of the third person;
Such benefit must not be merely incidental;
Contracting parties must clearly and deliberately conferred such benefit or interest upon the third person
That the third person must have communicated his acceptance to the obligor before his revocation.
(4) Consensuality of Contracts. Contracts are perfected by mere consent. and no form is prescribed by law for
their validity. Exception: (a) real contracts (such as pledge, chattel mortgage); (b) contracts covered under the
Statute of Frauds.
(5) Obligatory Force of Contracts. By the obligatory force of contracts, it constitutes the law as between the
parties who are compelled to perform under the threat of being sued in the courts of law.

Land Owner vs Builder/Planter/Sower

Land Owner Builder/Planter/So

wer (BPS)
Good faith Good faith
-right to acquire improvements and pay -right of retention until necessary and useful
indemnity to BPS expenses are paid by the land owner
-has option to: sell the land to Builder or
Planter if the value of the land is considerably
more or rent to sower
Good faith Bad faith
-right to collect damages in any case and has -recover necessary expenses for preservation
option to: acquire improvements without of land from land owner unless land owner
paying for indemnity, demolition or sells the land
restoration, sell the land to Builder or Planter if
the value of the land is considerably more or
rent to sower
Bad faith Good faith
-acquire improvement after paying indemnity -may remove improvements, be indemnified
and damages to BPS unless latter decides to for damages in any event
remove

1
 08/09/2023

Reconstitution vs. Replacement of title

Reconstitution Replacement
Original title with the RD got lost Only the owner’s duplicate
or destroyed, then certificate got lost/destroyed,
reconstitution of the title would and the copy at the Register of
be necessary. Deeds is intact.

This can be either through an

administrative reconstitution (in
case of a substantial loss of titles
in the RD) or a judicial
reconstitution (in case the RD
copy of the title is lost or
destroyed)

Delegated Functions
Land Management Bureau
Director of Lands
Administration and distribution of public lands, Land
classification and release of lands of the public domain as
alienable and disposable (A and D)
-approve survey plans for original registration purposes.
Signs patents for 10-12 hectares for homestead and free patents

Regional Executive Director Signs patents for 5-10 hectares for homestead and free patents
(RED)

Regional Technical Director -Approves and signs maps and plans for public land
(RTD) subdivision, cadastral and isolated surveys
-approves political boundary surveys

Provincial, Environment and -Signs patents for areas up to 5 hectares for homestead and free
Natural Resources Officer patent
(PENRO) -Issuance of certificate whether timber land or A and D (above
50 hectares)

Community Environment and -Issues survey orders to conduct isolated surveys and for
Natural Resources Officer subdivision of cadastral lots for patented and unpatented land
(CENRO) -Issuance of certificate whether timber land or A and D (below
50 hectares)

2
 08/09/2023

Q&A on Oblicon
Q. Mr. R is the registered owner of a parcel of land located in
Cebu City covered by Transfer Certificate of Title (TCT) No. 1234
issued in 1955. Since his acquisition of the lot. Mr. R and his
family had been in continuous, open, and peaceful possession
thereof. Mr. R died in 1980, resulting in the land being transferred
in the names of his heirs, i.e., A, B. and C, who became registered
owners thereof as per TCT No. 5678. During the entire time, said
land had never been encumbered or disposed, and that its
possession always remained with them.
Sometime in 1999. A, B, and C wanted to build a concrete fence
around the parcel of land, but they were opposed by Mrs. X, who
started claiming ownership over the same property on the
strength of a Deed of Absolute Sale purportedly entered into by
her with Mr. R during the time that he was still alive. May A, B,
and C file a complaint for quieting of title against Mrs. X?

Q&A on Oblicon
A. Yes.
For an action to quiet title to prosper, the following are the
requisites:
(1) the plaintiff or complainant has a legal or an equitable title to
or interest in the real property subject of the action; and
(2) the instrument, record, claim, encumbrance or proceeding
claimed to be casting cloud on his title must be shown to be in
fact invalid or inoperative despite its prima facie appearance of
validity or legal efficacy.

A, B, and C are the registered owners of the parcel of land, having

inherited the same from their father Mr. R, and the Deed of
Absolute Sale, which cast a cloud on their title may be shown to
be invalid or inoperative.

3
 08/09/2023

Q&A on Oblicon
Q. Within what period should A, B, and C file the complaint for
quieting of title?

A. The action for quieting of title does not prescribe, because the
plaintiffs are in possession of the land.

Q&A on Oblicon
Q. D, an Overseas Filipino Worker, was on his way home to the
Philippines after working for so many years in the Middle East. He
had saved P100,000.00 in his local savings account which he
intended to use to start up a business in his home country. On his
flight home, tragedy struck as a suicide bomber blew up the
plane. All the passengers, including D, died. He left behind his
widowed mother M; his common-law wife, W, who is the mother
of his twin sons, T and S; and his brother, B. He left no will, no
debts, no other relatives, and no other properties except the
money in his savings account. Who are the heirs entitled to
inherit from D and how much should each receive?

4
 08/09/2023

Q&A on Oblicon
A. D’s heirs entitled to inherit from him are:

M (his mother) – P50,000 and T and S (his twin sons) – P25,000

each.

Article 991. If legitimate ascendants are left, the illegitimate

children shall divide the inheritance with them, taking one-half of
the estate, whatever be the number of the ascendants or of the
illegitimate children

Q&A on Oblicon
Q. In 2015, O, the original registered owner of a 300-square meter
property covered by Original Certificate of Title (OCT) No. 0-1234.
appointed F as its caretaker. A year after, while O was abroad, F
surreptitiously broke open O’s safe and stole the duplicate copy of the
said OCT. F then forged a Deed of Absolute Sale and made it appear that
O sold the property to him. Consequently. F was able to have OCT No.
0-1234 cancelled and in lieu thereof a new title. Transfer Certificate of
Title (TCT) No. T-4321. was issued in his name. A few months after, F
offered the property for sale to X After conducting the required due
diligence to verify the title of F. and finding no occupant in the property
during ocular inspection, X signed the contract of sale, and thereupon,
fully paid the purchase price. A few days later, X was able to obtain TCT
No. T 5678 under his name. When O discovered T’s fraudulent acts
upon his return in 2017. O immediately filed a complaint for
reconveyance against F and X, principally pointing out that F merely
forged his signature in the Deed of Absolute Sale purportedly made in
F’s favor and thus, F could not have validly transferred the title thereof
to X.
Can O have the property returned to him?

5
 08/09/2023

Q&A on Oblicon
A. No.
Section 53 of P.D. 1529 provides that in all cases of registration
procured by fraud, the owner may pursue all his legal and
equitable remedies against the parties to such fraud without
prejudice, however, to the rights of any innocent holder for value
of a certificate of title.
- An innocent purchaser for value - one who buys the property of
another without notice that some other person has a right to or
interest therein and who then pays a full and fair price for it at
the time of the purchase or before receiving a notice of the claim
or interest of some other persons in the property.

Q&A on Oblicon
Q. Jose, single, donated a house and lot to his only niece, Maria,
who was of legal age and who accepted the donation. The
donation and Maria's acceptance thereof were evidenced by a
Deed of Donation. Maria then lived in the house and lot donated
to her, religiously paying real estate taxes thereon. Twelve years
later, when Jose had already passed away, a woman claiming to
be an illegitimate daughter of Jose filed a complaint against
Maria. Claiming rights as an heir, the woman prayed that Maria
be ordered to reconvey the house and lot to Jose's estate. In her
complaint she alleged that the notary public who notarized the
Deed of Donation had an expired notarial commission when the
Deed of Donation was executed by Jose. Can Maria be made to
reconvey the property?

6
 08/09/2023

Q&A on Oblicon
A. NO.
-The Deed of Donation was void because it was not considered a
public document. However, a void donation can trigger acquisitive
prescription (G.R. No. L-46753-54). The void donation has a
quality of titulo colorado enough for acquisitive prescription
especially since 12 years had lapsed from the deed of donation.

REPUBLIC ACT No. 10023 (AN ACT

AUTHORIZING THE ISSUANCE OF FREE
PATENTS TO RESIDENTAL LANDS)
• Qualifications. - Any Filipino citizen who is an actual
occupant of a residential land may apply for a Free Patent
Title.
• Provided: That in highly urbanized cities, the land should
not exceed two hundred (200) square meters; in other
cities, it should not exceed five hundred (500) square
meters; in first class and second class municipalities, it
should not exceed seven hundred fifty (750) square
meters; and in all other municipalities, it should not
exceed one thousand (1,000) square meters;

• That the land applied for is not needed for public service
and/or public use.

7
 08/09/2023

Sample board exam question

For the purpose of qualifying a public land applicant
of a free patent under RA 10023, the average annual
income of a 2nd class municipality where he is
applying is equal to or more than 45 million but not
exceeding
A. 65M
B. 55M
C. 45M
D. 75M

Ang sagot nasa IRR of RA 10023 Free patent act

Second class municipalities – municipalities with

an average annual income equal to or more than
Forty Five Million Pesos (P45,000,000.00), but
not exceeding Fifty Five Million Pesos
(P55,000,000.00), as provided for in DO 23-08.
Provided that, any future changes in qualifications
for classification as second class municipality by
the concerned government agency at the time of
filing of the application will prevail.

8
 08/09/2023

IRR RA 10023

9
 08/09/2023

Laws on Natural
Resources

PD No. 1151
Philippine Environmental Policy
-mandated the formulation of 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.

10
 08/09/2023

PD No. 1152
Philippine Environment Code
-basic policy on the management and conservation
of the country’s natural resources
-provides for the development of standards and
management framework for the following areas of
concern: air quality management, water quality
management land use management.

RA 7586: NIPAS
National Integrated Protected Areas System Act of
1992

• classification and administration of all designated

protected areas to maintain essential ecological
processes and life-support systems, to preserve
genetic diversity, to ensure sustainable use of
resources found therein, and to maintain their
natural conditions to the greatest extent possible;

11
 08/09/2023

The following are protected areas:

1) Strict nature reserve- area possessing some
outstanding ecosystem, features and/or species of flora
and fauna of national scientific importance maintained
to protect nature and maintain processes in an
undisturbed state in order to have ecologically
representative examples of the natural environment

2) Natural Park-relatively large area not materially

altered by human activity where extractive resource
uses are not allowed and maintained to protect
outstanding natural and scenic areas of national or
international significance for scientific, educational and
recreational use;

The following are protected areas:

3) Natural monument -relatively small area focused on protection
of small features to protect or preserve nationally significant
natural features on account of their special interest or unique
characteristics

4) Wildlife sanctuary- an area which assures the natural

conditions necessary to protect nationally significant species,
groups of species, biotic communities or physical features of the
environment

5) Protected landscape and seascapes- areas of national

significance which are characterized by the harmonious
interaction of man and land while providing opportunities for
public enjoyment through the recreation and tourism within the
normal lifestyle and economic activity of these areas

12
 08/09/2023

The following are protected areas:

6) Resource reserve - an extensive and relatively isolated and
uninhabited area normally with difficult access designated as such
to protect natural resources of the area for future use and prevent or
contain development activities that could affect the resource
pending the establishment of objectives which are based upon
appropriate knowledge and planning

7) Natural biotic areas - an area set aside to allow the way of life of
societies living in harmony with the environment to adapt to
modern technology at their pace

8) Natural monuments- is a relatively small area focused on

protection of small features to protect or preserve nationally
significant natural features on account of their special interest or
unique characteristics;

Buffer zones
- Identified areas outside the boundaries of and
immediately adjacent to designated protected areas
that need special development control in order to
avoid or minimize harm to the protected area

13
 08/09/2023

Protected Area Management

Board
Decide the allocations for budget, approve proposals
for funding, decide matters relating to planning,
peripheral protection and general administration of
the area in accordance with the management
strategy

Environmental Impact
Assessment
-proposals for activities which are outside the scope
of the management plan for protected areas shall be
subject to an environmental impact assessment

-shall secure Environmental Compliance Certificate

(ECC) under the Philippines Environmental Impact
Assessment (ELA) system

14
 08/09/2023

Philippine Mining Act of

1995
(RA 7942)

C.A. No. 137: Mining Act

-expressly adopted the Regalian doctrine, prohibits
the alienation of mining lands and granting only
lease rights

Then RA 7942 (Philippine Mining Act of 1995) was

enacted, instituting a new system for the exploration,
development, utilization and conservation of the
natural resources of the country

15
 08/09/2023

Ownership of Mineral Resources

Mineral resources are owned by the State and the
exploration, development, utilization and processing
thereof shall be under its full control and
supervision.

The State may directly undertake such activities or it

may enter into mineral agreements with contractors.

Important Terms

16
 08/09/2023

Minerals
-refers to all naturally occurring inorganic substance
in solid, gas, liquid or any intermediate state
excluding energy materials such as coal, petroleum,
natural gas, radioactive materials and geothermal
energy

Classification of Minerals
First group- metals or metalliferous ores

Second group- precious stones

Third group- fuels

Fourth group- saline and mineral waters

Fifth group- building stone in place, clays, fertilizers and

other non-metals

17
 08/09/2023

Mineral resource
-means any concentration of minerals/rocks with
potential economic value

Mineral land

Lands containing deposits of valuable, useful, or

precious minerals in such quantities as to justify
expenditures in the effort to extract them, and which
are more valuable for the minerals they contain than
for agricultural or other uses

18
 08/09/2023

Mining area
- Means a portion of the contract area identified by
the contractor for purposes of development, mining,
utilization and sites for support facilities or in the
immediate vicinity of the mining operations

Lode mineral claim

-A parcel of mineral land containing a vein, lode,

lodge or mass or ore in place which has been located
in accordance with law.

(‘Yung definition ng vein, lode, lodge etc. madidiscuss

sa Mine Survey. Pakiaral mabuti please kasi hindi ko
ito nasagot noong board exam ko hehe)

19
 08/09/2023

Ore
a naturally occurring substance or material from
which a mineral or element can be mined and/or
processed for profit.

Block or meridional block

-An area bounded by one-half (1/2) minute of
latitude and one-half (1/2) minute of longitude,
containing approximately eighty-one hectares (81
has)

20
 08/09/2023

Exclusive Economic Zone (EEZ)

-the water, sea bottom and subsurface measured
from the baseline of the Philippine Archipelago up
two hundred nautical miles (200 n.m.) offshore

Ore
-means a naturally occurring substance or material
from which a mineral or element can be mined
and/or processed for profit

21
 08/09/2023

Mines and Geosciences Bureau

(MGB)
Functions:
- Direct charge in the administration and disposition of
mineral lands and mineral resources
- Undertake geological, mining, metallurgical, chemical
and other researches as well as mineral exploration
surveys
- To recommend to the Secretary the granting Mineral
Agreements or to endorse to the Secretary for action by
the President the grant of Financial or technical
Assistance Agreement (FTAA)

Mining operations
1) Exploration
2) Mineral agreements
3) Financial or Technical Assistance Agreement (FTAA)

22
 08/09/2023

Exploration
-means the searching or prospecting for mineral
resources by geological, geochemical or geophysical
surveys, remote sensing, test pitting, trenching, drilling,
shaft sinking, tunneling or any other means for the
purpose of determining the existence, extent, quantity
and quality thereof and the feasibility of mining them for
profit

Exploration permit
-Mines and Geosciences Bureau grants the right to
conduct exploration for all minerals in specified areas to a
qualified person
-such permit does not amount to an authorization to
extract and carry off the mineral resources that may be
discovered
-TERM: for a period of 2 years from date of issuance,
renewable for not more than 4 years (non-metallic) or 6
years(metallic)

23
 08/09/2023

Maximum Area for exploration

permit
Individual Corporation,
Association,
Cooperative
Onshore (one 20 blocks 200 blocks
province)
Onshore (entire 40 blocks 400 blocks
Philippines)
Offshore 100 blocks 1000 blocks
(beyond 500m
from mean low
tide level

Mineral Agreements
-shall grant to the contractor the exclusive right to conduct
mining operations and to extract all mineral resources found in
the contract area

Term: not exceeding 25 years from the date of execution and

renewable for another term not exceeding 25 years

For the purposes of mining operations, a mineral agreement may

take the following forms:
a) Mineral Production sharing agreements (MPSA)
b) Co-production agreement (CA)
c) Joint-venture agreement (JVA)

24
 08/09/2023

Mineral Production Sharing

Agreement (MPSA)
-an agreement where the government grants to the
contractor the exclusive right to conduct mining
operations within a contract area and shares in the
gross output. The contractor shall provide the
financing, technology, management and personnel
necessary for the implementation of this agreement.

Co-production Agreement (CA)

-an agreement between the government and the
contractor wherein the government shall provide
inputs to the mining operations other than the
mineral resource.

25
 08/09/2023

Joint-venture Agreement (JVA)

-an agreement where a joint-venture company is
organized by the government and the contractor
with both parties having equity shares. Aside from
earnings in equity, the government shall be entitled
to a share in the gross output.

Eligibility to apply for mineral

agreements
• Individual- must be a Filipino citizen of legal age
and with the capacity to contract
• Corporation, partnership, association or
cooperative- must be organized or authorized for
the purpose of engaging in mining, duly registered
and at least 60% of the capital is owned by the
Filipino

26
 08/09/2023

Maximum Area for Mineral Agreement

Individual Corporation,
Association,
Cooperative
Onshore (one 10 blocks 100 blocks
province)
Onshore (entire 20 blocks 200 blocks
Philippines)
Offshore 50 blocks 500 blocks
(beyond 500m
from mean low
tide level
Tip: For easy recall, it is just half of the maximum area in exploration permit

Financial or Technical Assistance

Agreement (FTAA)
-defined as a contract involving financial or technical
assistance for large-scale exploration, development
and utilization of natural resources.

Eligibility- any qualified person or corporation,

partnership, association or cooperative with less
than 50% of capital owned by Filipino is deemed
qualified

27
 08/09/2023

Maximum contract Area and Term

for FTAA
a) onshore- 1,000 meridional blocks
b) Offshore- 4,000 meridional blocks

Term: not exceeding 25 years from the date of

execution and renewable for another term not
exceeding 25 years

Note: FTAA shall be negotiated by the Secretary of

DENR and approved by the President. Then, the
president shall notify the Congress.

Sample board exam question

An agreement where the government grants to the contractor
the exclusive right to conduct mining operations within a
contract area and shares in the gross output. The contractor
shall provide the financing, technology, management and
personnel necessary for the implementation of this
agreement.
A. co-production agreement
B. Joint venture agreement
C. Mineral production sharing agreement
D. Labor-production agreement

28
 08/09/2023

Quarry Resources
-quarry sand and gravel, guano and gemstone
resources in private or public lands may be extracted,
removed and disposed or utilized (common stones or
common minerals)

-in large-scale quarry operations involving cement

raw materials, marble, granite and sand and gravel
and construction aggregates, any qualified person
may apply

Quarry permit
-any qualified person may apply for a quarry permit
with the Provincial/ City Mining Regulatory Board
Term: 5 years from the date of issuance renewable
for like period but not to exceed a total term of 25
years

29
 08/09/2023

Section 103 of RA 7942

Theft of Minerals
• Any person extracting minerals and disposing the
same without a mining agreement, lease, permit,
license, or steals minerals or ores or the products
thereof from mines or mills or processing plants
shall, upon conviction, be imprisoned from six (6)
months to six (6) years or pay a fine from Ten
thousand pesos (P10,000.00) to Twenty thousand
pesos (P20,000.00) or both, at the discretion of the
appropriate court.

People’s Small-Scale Mining Act of

1991
(R.A. No. 7076)

30
 08/09/2023

Small-scale mining
-refers to mining activities that rely heavily on
manual labor using simple tools and methods. It
does not use explosives or heavy mining equipment
and requires only a small capital investment

P.D. 1899: Implementation of the Small

Scale Mining in the Philippines
Philippine mining industry has always been dominated by
large-scale mining operations.
There exist small mineral deposits that are being or could be
worked profitably at small tonnages requiring minimal
capital investments utilizing manual labor. The development
of these small mineral deposits will generate more
employment opportunities, thereby alleviating the living
conditions in the rural areas and will contribute additional
foreign exchange earnings.

31
 08/09/2023

Small-scale Mining Contracts

-Awarded by the Provincial/ City Mining Regulatory
Board to small-scale miners who have voluntarily
organized and have been registered as an individual
miner or cooperative

Term: 2 years renewable for like periods

Area: should not exceed 20 hectares per contractor

Other related laws

Prepared by
Engr. Mark Reynold M. Arriesgado, J.D.

32
 08/09/2023

Ecological Solid Waste

Management Act of2000
(R.A. 9003)

National Solid Waste Management

Commission
• The Commission shall oversee the implementation of solid
waste management plans and prescribe policies to achieve
the objectives of this Act.

• The DENR, through the Environmental Management Bureau,

shall provide secretariat support to the Commission. The
Secretariat shall be headed by an executive director who
shall be nominated by the members of the Commission and
appointed by the chairman.

• Provincial Solid Waste Management Board and City and

Municipal Solid Waste Management Board

33
 08/09/2023

Ecological solid waste

management
• refer to the systematic administration of activities
which provide for segregation at source, segregated
transportation, storage, transfer, processing,
treatment, and disposal of solid waste and all other
waste management activities which do not harm
the environment

Kinds of Wastes
1. Solid waste shall refer to all discarded household,
commercial waste, non-hazardous institutional and
industrial waste, street sweepings, construction debris,
agricultural waste, and other non-hazardous/non-toxic
solid waste.

2. Hazardous waste shall refer to solid waste or

combination of solid waste which because of its quantity,
concentration, or physical, chemical or infectious
characteristics

3. Agricultural waste refer to waste generated from planting

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

34
 08/09/2023

Kinds of Wastes
4. Yard waste shall refer to wood, small or chipped
• branches, leaves, grass clippings, garden debris,
• vegetable residue that is recognizable as part of a
plant
• or vegetable and other materials identified by the
Commission.

5. Municipal waste shall refer to wastes produced from

• activities within local government units which include
a
• combination of domestic, commercial,
institutional and industrial wastes and
street litters;

Kinds of Wastes
6. Bulky wastes shall refer to waste materials which cannot be
appropriately placed in separate containers because of either
its bulky size, shape or other physical attributes. These include
large worn-out or broken household, commercial, and
industrial items such as furniture, lamps, bookcases, filing
cabinets, and other similar items.

7. Special wastes shall refer to household hazardous wastes

such as paints, thinners, household batteries, lead-acid
batteries, spray canisters and the like. These include wastes
from residential and commercial sources that comprise of
bulky wastes, consumer electronics, white goods, yard wastes
that are collected separately, batteries, oil, and tires. These
wastes are usually handled separately from other residential
and commercial wastes;

35
 08/09/2023

White goods
• shall refer to large worn-out or broken household,
commercial, and industrial appliances such as
stoves, refrigerators, dishwashers, and clothes
washers and dryers collected separately. White
goods are usually dismantled for the recovery of
specific materials (e.g., copper, aluminum, etc.)

Leachate
• shall refer to the liquid produced when waste
undergo decomposition, and when water percolate
through solid waste undergoing decomposition. It is
contaminated liquid that contains dissolved and
suspended materials

36
 08/09/2023

Segregation
• refer to a solid waste management practice of
separating different materials found in solid waste
in order to promote recycling and re-use of
resources and to reduce the volume of waste for
collection and disposal

Recycling
• refer to the treating of used or waste materials
through a process of making them suitable for
beneficial use and for other purposes, and includes
any process by which solid waste materials are
transformed into new products in such a manner
that the original product may lose their identity,
and which maybe used as raw materials for the
production of other goods or services

37
 08/09/2023

Re-use
• refer to the process of recovering materials
intended for the same or different purpose without
the alteration of physical and chemical
characteristics

Sample board examquestion

Process of recovering materials intended for the same or
different purpose without the alteration of physical and
chemical characteristics.

A. Reduce
B. Recycle
C. Reuse
D. Segragation

38
 08/09/2023

Buy-back center
• shall refer to a recycling center that purchases or
otherwise accepts recyclable materials from the
public for the purpose of recycling such materials

Materials recovery facility

• includes a solid waste transfer station or sorting
station, drop-off center, a composting facility, and a
recycling facility

39
 08/09/2023

Open dump
• shall refer to a disposal area wherein the solid
wastes are indiscriminately thrown or disposed of
without due planning and consideration for
environmental and Health standards
Note: Open dumps are no longer allowed under this
law, must be converted to controlled dumps

Sanitary landfill
• shall refer to a waste disposal site designed,
constructed, operated and maintained in a manner
that exerts engineering control over significant
potential environment impacts arising from the
development and operation of the facility (final
disposal sites)

40
 08/09/2023

Prohibited Acts under RA 9003

(1)Littering, throwing, dumping of waste matters in
public places, such as roads, sidewalks, canals, esteros
or parks, and establishment, or causing or permitting the
same;
(2)Undertaking activities or operating, collecting or
transporting equipment in violation of sanitation
operation and other requirements or permits set forth in
or established pursuant to this Act;
(3) The open burning of solid waste;
(4)Causing or permitting the collection of non-
segregated or unsorted waste;

Prohibited Acts under RA 9003

(5) Squatting in open dumps and landfills;
(6)Open dumping, burying of biodegradable or non-
biodegradable materials in flood-prone areas;
(7) Unauthorized removal of recyclable
material intended for collection by authorized
persons;
(8) The mixing of source-separated recyclable
material with other solid waste in any vehicle, box,
container or receptacle used in solid waste collection
or disposal;

41
 08/09/2023

Prohibited Acts under RA 9003

(9)Establishment or operation of open dumps as
enjoined in this Act, or closure of said dumps in
violation of Sec. 37;
(10)The manufacture, distribution or use of non-
environmentally acceptable packaging materials;
(11)Importation of consumer products packaged in non-
environmentally acceptable materials;
(12)Importation of toxic wastes misrepresented as
“recyclable” or “with recyclable content”;

Prohibited Acts under RA 9003

(13) Transport and dumping in bulk of collected
domestic, industrial, commercial and institutional wastes
in areas other than centers or facilities prescribed under
this Act;
(14) Site preparation, construction, expansion or
operation of waste management facilities without an
Environmental Compliance Certificate required pursuant
to Presidential Decree No. 1586 and this Act and not
conforming with the land use plan of the LGU;
(15) The construction of any establishment within
two hundred (200) meters from open dumps or controlled
dumps, or sanitary landfills; and
(16) The construction or operation of landfills or any
waste disposal facility on any aquifer, groundwater
reservoir or watershed area and or any portions thereof.

42
 08/09/2023

Penalties under RA 9003

SECTION 49. Fines and Penalties. — (a) Any person who violates Sec. 48,
paragraph (1) shall, upon conviction, be punished with a fine of not less than
P300.00 but not more than P1,000.00 or render community service for not
less than one (1) day to not more than 15 days to an LGU where such
prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction,
be punished with a fine of not less than P300.00 but not more than P1,000.00
or imprisonment of not less than one (1) day to not more than 15 days, or
both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6), and (7) shall, upon
conviction, be punished with a fine of not less than P1,000.00 but not more
than P3,000.00 or imprisonment of not less than 15 days but not more than 6
months, or both;

Penalties under RA 9003

(d) Any person who violates Sec. 48, pars. (8), (9), (10) and (11) for the first time
shall, upon conviction, pay a fine of P500,000.00 plus an amount not less than
5% but not more than 10% of his net annual income during the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year, but
not to exceed 3 years at the discretion of the court, shall be imposed for second or
subsequent violations of Sec. 48, paragraphs (9) and (10).

(e) Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction,
be punished with a fine of not less than P10,000.00 but not more than
P200,000.00 or imprisonment of not less than 30 days but not more than 3 years,
or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon
conviction, be punished with a fine not less than P100,000.00 but not more than
P1,000,000.00, or imprisonment not less than one (1) year but not more than 6
years, or both.

43
 08/09/2023

Republic Act No. 8749

"Philippine Clean Air Act of 1999."

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

44
 08/09/2023

Greenhouse gases
• mean those gases that can potentially or can
reasonably be expected to induce global warming,
which include carbon dioxide, methane, oxides of
nitrogen, chlorofluorocarbons, and the like

Sample board examquestion

What is the main reason why our planet is hotter,
which causes natural disaster, drought and floods?
A. too much water pollution
B. carbon pollution
C. uncontrolled temperature
D. noise pollution

45
 08/09/2023

Special Lecture on UNCLOS

Overview of UNCLOS

• The United Nations Convention on the Law of the Sea

(UNCLOS) is an international agreement in Montego Bay,
Jamaica (1982). –tinanong ito kung saan pinirmahan

• The Law of the Sea Convention defines the rights and

responsibilities of nations in their use of the world oceans
establishing guidelines for business, the environment and
the management of marine natural resources.

• Philippines is a signatory of said international agreement.

46
 08/09/2023

Limits of maritime zones (as defined by UNCLOS)

Territorial Sea

• Sovereignty of a coastal State extends beyond its land

territory and internal waters to an adjacent belt of sea:
the territorial sea.

• Breadth: up to 12 nautical miles, measured from the

baselines.

• Entitlement: inherent part of the territory of a coastal

State- Legislative and enforcement jurisdiction

47
 08/09/2023

Innocent passage through territorial sea

• Foreign ships have the right of innocent passage through

the territorial sea of a coastal State.

• Continuous and expeditious passage through territorial sea or

to/from internal waters

• Subject to certain laws of coastal State (eg prevention of

infringement of customs, fiscal, immigration or sanitary laws)

Art. 19 of UNCLOS. Passage of a foreign ship shall be considered to be prejudicial to

the peace, good order or security of the coastal State if in the territorial sea it engages
in any of the following activities:
(a) any threat or use of force against the sovereignty, territorial integrity or political
independence of the coastal State, or in any other manner in violation of the principles
of international law embodied in the Charter of the United Nations;
(b) any exercise or practice with weapons of any kind;
(c) any act aimed at collecting information to the prejudice of the defence or security
of the coastal State;
(d) any act of propaganda aimed at affecting the defence or security of the coastal
State;
(e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary to the
customs, fiscal, immigration or sanitary laws and regulations of the coastal State;
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) any act aimed at interfering with any systems of communication or any other
facilities or installations of the coastal State;
(l) any other activity not having a direct bearing on passage.

48
 08/09/2023

Contiguous Zone

• Maritime zone contiguous and seaward of the territorial

sea, from the outer limit of the territorial sea to up to 24
nautical miles, measured from the baselines.

• Entitlement: the coastal State may claim it.

• The coastal State may exercise the control necessary to

prevent and punish infringement of customs, fiscal,
immigration or sanitary laws within the territory or
territorial sea.

Limits of maritime zones (as defined by UNCLOS)

49
 08/09/2023

Exclusive Economic Zone (EEZ)

• The exclusive economic zone (EEZ) is an area beyond

and adjacent to the territorial sea.

• Breadth: from the outer limit of the territorial sea to up

to 200 nautical miles, measured from the baselines.

• Entitlement: The coastal state has the right to exploring

and exploit, conserve and manage natural resources,
whether living or non-living

Limits of maritime zones (as defined by UNCLOS)

50
 08/09/2023

High seas

• High seas: parts of the sea which are not included in the
exclusive economic zone, in the territorial sea or in the
internal waters of a State, or in the archipelagic waters of
an archipelagic State

• High seas are not subject to the jurisdiction of any State

• Open to all States, whether coastal or land-locked

Limits of maritime zones (as defined by UNCLOS)

51
 08/09/2023

Limits of
maritime zones
(as defined by
UNCLOS)
Top View

Aerial Domain

-this refers to the airspace above the land and

waters of the State but excluding the outer
space.

52