ENVIRONMENTAL

LAWS IN THE
PHILIPPINES

Republic of the Philippines

Department of Environment and Natural Resources
PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE
Barangay Larrazabal, Naval, Biliran
Email: penrobiliran@yahoo.com
Contact No. 053-500-4115
TOPIC OBJECTIVES:
1. Gain awareness of environmental issues through a
discussion and understand this laws that regulate the
environment.
2. students will be able to communicate about
environmental laws and determine whether and how
to use legal tools to resolve environmental issues.
1. Presidential Decree(PD) 705
19, May 1975
Revising Presidential No. 389, Otherwise known
as the Forestry Reform Code of the Philippines

Chapter IV – CRIMINAL OFFENSES AND

PENALTIES
Sec. 68. Cutting, gathering and/or
collecting timber or other products without
license. – Any person who shall cut gather
collect, or remove timber or other forest
products from any forest land, or timber from
alienable and disposable public lands, or private
lands, without any authority under a license
agreement, lease, license or permit, shall be
guilty of qualified theft as defined and punished
under Articles 309 and 310 of the Revised Penal
Code; Provided, That in the case of partnership,
association or corporation, the officers who
ordered the cutting, gathering or collecting shall
be liable, and if such officers are aliens, they
shall, in addition to the penalty, be deported
without further proceedings on the part of the
Commission of Immigration and Deportation.

The Court shall further order the confiscation in

favor of the government of the timber or forest
products to cut, gathered, collected or removed,
and the machinery, equipment, implements and
tools used therein, and the forfeiture of his
improvements in the area.
The same penalty plus cancellation of his license
agreement, lease, license or permit and perpetual
disqualification from acquiring any such privilege
shall be imposed upon any license, lease, or
permitted who cuts timber from the licensed or
leased area of another, without prejudice to
whatever civil action the latter may bring the
offender.
 OFFENSES PUNSIHABLE
UNDER SEC. 68 OF PD 705
1. Cutting, gathering, collecting or removing
of timber or other forest products from any
forest land without authority.

ELEMENTS:
a) there must be cutting, gathering, collecting or
removing of timber or other forest products
b) the timber or other forest product is cut,
gathered, collected or removed from any
forest land
c) the cutting, gathering, collecting or removing
without authority
 OFFENSES PUNSIHABLE
UNDER SEC. 68 OF PD 705
2.Cutting, gathering, collecting or removing
of timber from alienable or disposable
public land or from private land.

ELEMENTS:
a) there must be cutting, gathering, collecting or
removing of timber
b) the timber is cut, gathered, collected or
removed from alienable or disposable
public or from private land.
c) the cutting, gathering, collecting or removing
without authority
PERSONS LIABLE UNDER
SEC. 68 OF PD 705
• the cutter
• the gatherer
• the collector
• the remover
• In case partnerships, associations, or
corporations, the officers who ordered
the cutting, gathering, collection or
removal
 Sec. 69. Unlawful occupation or
destruction of forest lands. – Any person who
enters and occupies or possesses, or makes
kaingin for his own private use or for others any
forest land without authority under a license
agreement, lease, license or permit, or in any
manner destroys such forest land or part thereof,
or causes any damage to the timber stand and
other products and forest growths found therein,
of who assists, aids or abets any other person to
do so, or set in any or negligently permits a fire to
set in any forest land.
 Sec. 70. Pasturing Livestock - without
authority under a lease or permit, graze or cause
to graze livestock in forest lands, grazing lands
and alienable and disposable lands which have
not as yet been disposed of in accordance with
the Public and Act.
 Sec. 71. Illegal occupation of national
parks system and recreation areas and
vandalism therein – Any person who shall,
without permit, occupy for any length of time
any portion of the national parks system or
shall, in any manner, cut, destroy, damage or
remove timber or any species of vegetation
or forest cover and other natural resources
found there in, or shall mutilate, deface or
destroy objects of natural beauty or of scenic
value within areas in the national parks
system.
 Sec. 72. Destruction of wildlife
resources – Any person violating the
provisions of Section 55 of this Code, or the
regulations promulgated thereunder,

Sec. 73. Survey by unauthorized

person – any person who shall without
permit to survey from the Director, enter any
forest lands, whether covered by a license
agreement, lease, license or permit, or not,
and conduct or undertake a survey for
whatever purpose.
 Sec. 74. Misclassification and Survey by
Government Official or Employee – Any Public
officer or employee who knowingly surveys,
classifies, or recommends the release of forest
lands as alienable and disposable lands contrary
to the criteria and standards established in this
Code, or the rules and regulations promulgated
 Sec. 75. Tax declaration on real
property – Any public Officer or Employee who
shall issue a tax declaration on real property
without a certification from the Director of
Forest Development and Director of Lands or
their duly designated representatives that the
area declared with taxation is alienable and
disposable land, unless the property is titled or
has been occupied and possessed by the
members of the national cultural minorities
prior to July 4, 1955.
 Sec. 76. Coercion and Influence – Any
person who coerces, influences, abets or
persuades the public officer or employee
referred to in the two preceding sections

Sec 77. Unlawful possession of

implements and devices used by the forest
officer – Any person who shall, without
authority from the Director or his authorized
representative, make, manufacture, or has in
his possession and Government marking
hatchet or other marking implements, or any
marker, poster, or other device officially used
by Officers of the Bureau.
 Section 78. Payment, Collection and
Remittance of forest charges – Any person
who fails or refuses to remit to other proper
authorities said forest charges collectible
pursuant to the provisions of this Code or the
National Internal Revenue Code, or who
delays, obstructs or prevents the same or who
orders.
2. REPUBLIC ACT NO. 9147

Section 1. Title. This act shall be

known as the "Wildlife Resources
Conservation and Protection Act."
 Section 27. Illegal Acts

(a)killing and destroying wildlife species

(b)inflicting injury which cripples and/or impairs the
reproductive system of wildlife species;
(c) effecting any of the following acts in critical habitat(s) such as
dumping of waste products detrimental to wildlife;squatting or
otherwise occupying any portion of the critical habitat;mineral
exploration and/or extraction; burning;logging; and quarrying
 CHAPTER V
FINES AND PENALTIES
(a) imprisonment of a minimum of six (6) years and one (1) day to
twelve (12) years and/or a fine of One hundred thousand pesos
(P100,000.00) to One million pesos (P1,000,000.00), if inflicted
or undertaken against species listed as critical;

(b) imprisonment of four (4) and one (1) day to six (6) years and/or a
fine of Fifty thousand pesos (P50,000.00) to Five hundred
thousand pesos (P500,000.00) if inflicted or undertaken against
endangered species;
 CHAPTER V
FINES AND PENALTIES

(c) imprisonment of two (2) years and one (1) day to four (4)
years and/or a fine of Thirty thousand pesos (P30,000.00)
to Three hundred thousand pesos (P300,000.00), if inflicted
or undertaken against vulnerable species;
(d)imprisonment of one (1) year and one (1) day to two (2)
years and/or a fine of Twenty thousand pesos (P20,000.00)
to Two hundred thousand pesos (P200,000.00) if inflicted
or undertaken against other threatened species
 Section 27. Illegal Acts

(d) introduction, reintroduction or restocking of wildlife resources;

(e) trading of wildlife
(f) collecting, hunting or possessing wildlife, their by-products and
derivatives;
(g) gathering or destroying of active nests, nest trees, host plants
and the like;
(h) maltreating and/or inflicting other injuries not covered by the
preceding paragraph; and
(i) transporting of wildlife.
3. Republic Act No. 9003

SECTION 1. Short Title. — This Act

shall be known as the “Ecological
Solid Waste Management Act of
2000.”
SECTION 10. Role of LGU’s in Solid Waste
Management.

Pursuant to the relevant provisions of R.A. No.

7160, otherwise known as the Local
Government Code, the LGUs shall be primarily
responsible for the implementation and
enforcement of the provisions of this Act
within their respective jurisdictions.
SECTION 48. Prohibited Acts

(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;
 SECTION 48. Prohibited Acts

(4)Causing or permitting the collection of non-segregated

or unsorted waste;
(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;
 SECTION 48. Prohibited Acts. — The
following acts are prohibited:
(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;
(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”;
(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.
 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 Three
hundred pesos (P300.00) but not more than One thousand
pesos (P1,000.00) or render community service for not
less than one (1) day to not more than fifteen (15) days to
an LGU where such prohibited acts are committed, or
both;
 SECTION 49. Fines and Penalties.

(b)Any person who violates Sec. 48, pars. (2) and (3), shall,
upon conviction, be punished with a fine of not less than
Three hundred pesos (P300.00) but not more than One
thousand pesos (P1,000.00) or imprisonment of not less
than one (1) day to not more than fifteen (15) days, or
both;
 SECTION 49. Fines and Penalties.

(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 One
thousand pesos (P1,000.00) but not more than Three thousand
pesos (P3,000.00) or imprisonment of not less than fifteen (15)
days but not more than six (6) months, or both;
(d)Any person who violates Sec. 48, pars. (8), (9), (10) and (11) for
the first time shall, upon conviction, pay a fine of Five hundred
thousand pesos (P500,000.00) plus an amount not less than five
percent (5%) but not more than ten percent (10%) of his net
annual income during the previous year.
 SECTION 49. Fines and Penalties.

e)Any person who violates Sec. 48, pars. (12) and (13), shall, upon
conviction, be punished with a fine of not less than Ten thousand
pesos (P10,000.00) but not more than Two hundred thousand
pesos (P200,000.00) or imprisonment of not less than thirty (30)
days but not more than three (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 One
hundred thousand pesos (P100,000.00) but not more than One
million pesos (P1,000,000.00), or imprisonment not less than
one (1) year but not more than six (6) years, or both.
 SECTION 49. Fines and Penalties.

• If the offense is committed by a corporation, partnership, or

other juridical entity duly organized in accordance with law, the
chief executive officer, president, general manager, managing
partner or such other officer-in-charge shall be liable for the
commission of the offense penalized under this Act.
• If the offender is an alien, he shall, after service of the
sentence prescribed above, be deported without further
administrative proceedings.
4. REPUBLIC ACT NO. 9275

SECTION 1. Short Title. - This Act

shall be known as the "Philippine
Clean Water Act of 2004."
SECTION 27. Prohibited Acts
a)bodies or along the margins of any surface water, where, the
same shall be liable to be washed into such surface water, either
by tide action or by storm, floods or otherwise, which could cause
water pollution or impede natural flow in the water body;
b)Discharging, injecting or allowing to seep into the soil or sub-soil
any substance in any form that would pollute groundwater. In the
case of geothermal projects, and subject to the approval of the
Department, regulated discharge for short- term activities (e.g.
well testing, flushing, commissioning, venting) and deep re-
injection of geothermal liquids may be allowed: Provided, That
safety measures are adopted to prevent the contamination of the
groundwater;
 SECTION 27. Prohibited Acts

c) Operating facilities that discharge regulated water pollutants

without the valid required permits or after the permit was
revoked for any violation of any condition therein;
d) Disposal of potentially infectious medical waste into sea water by
vessels unless the health or safety of individuals on board the
vessel is threatened by a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage
sludge or solid waste as defined under Republic Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals,
substances or pollutants listed under Republic Act No.6969;
 SECTION 28. Fines, Damages and Penalties.

Unless otherwise provided herein, any person who commits any of the prohibited acts
provided in the immediately preceding section or violates any of the provision of this Act or
its implementing rules and regulations, shall be fined by the Secretary, upon the
recommendation of the PAB in the amount of not less than Ten thousand pesos (P10,000.00)
nor more than Two hundred thousand pesos (P200,000.00) for every day of violation. The
fines herein prescribed shall be increased by ten percent (10%) every two (2) years to
compensate for inflation and to maintain the deterrent function of such fines: Provided, That
the Secretary, upon recommendation of the PAB may order the closure, suspension of
development or construction, or cessation of operations or, where appropriate disconnection
of water supply, until such time that proper environmental safeguards are put in place and/or
compliance with this Act or its rules and regulations are undertaken. This paragraph shall be
without prejudice to the issuance of an ex parte order for such closure, suspension of
development or construction, or cessation of operations during the pendency of the case.
 SECTION 28. Fines, Damages and Penalties.

Failure to undertake clean-up operations, willfully, or through gross

negligence, shall be punished by imprisonment of not less than two (2) years
and not more than four (4) years and a fine not less than Fifty thousand pesos
(P50,000.00) and not more than One hundred thousand pesos (P100,000.00)
per day for each day of violation. Such failure or refusal which results in serious
injury or loss of life and/or irreversible water contamination of surface,
ground, coastal and marine water shall be punished with imprisonment of not
less than six (6) years and one day and not more than twelve (12) years, and a
fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day
during which the omission and/or contamination continues.
5. REPUBLIC ACT NO. 8749

Section 1. Short Title. - This Act

shall be known as the "Philippine
Clean Air Act of 1999."
 Chapter 6:Fines and Penalties

Section 47. Fines and Penalties for Violations of Other

Provisions in the Act.
For violations of all other provisions provided in this Act and of the
rules and regulations thereof, a fine of not less than Ten thousand
pesos (P10,000) but not more than One Hundred thousand Pesos
(P100,000) or six (6) months to six (6) years imprisonment or both
shall be imposed. If the offender is a juridical person, the president,
manager, directors, trustees, the pollution control officer or the
officials directly in charge of the operations shall suffer the penalty
herein provided.
 Chapter 6:Fines and Penalties

Section 48. Gross Violations. - In case of gross violation of this Act or its implementing
rules and regulations, the Pollution Adjudication Board (PAB) shall recommend to the
proper government agencies to file the appropriate criminal charges against the violators.
The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall
mean:

(a) three (3) or more specific offenses within a period of one (1) year;

(b) three (3) or more specific offenses with three (3) consecutive years;

(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and
other similar devices, or operation despite the existence of an order for closure, discontinuance or
cessation of operation; and
 Chapter 6:Fines and Penalties

(d) irreparable or grave damage to the environment as a consequence of any

violation of the provisions of this Act.

Offenders shall be punished with imprisonment of not less than six (6) years
but not more than ten (10) years at the discretion of the court. If the offender is
a juridical person, the president, manager, directors, trustees, the pollution
control officer or the officials directly in charge of the operations shall suffer
the penalty herein provided.
6. REPUBLIC ACT NO. 7942

Section 1. Title. This act shall be

known as the “Mining Act."
 CHAPTER XIX
PENAL PROVISIONS
Section 101
False Statements
• Any person who knowingly presents any false application, declaration, or
evidence to the Government or publishes or causes to be published any
prospectus or other information containing any false statement relating to
mines, mining operations or mineral agreements, financial or technical
assistance agreements and permits shall, upon conviction, be penalized by
a fine of not exceeding Ten thousand pesos (P10,000.00).
Section 102
Illegal Exploration
• Any person undertaking exploration work without the necessary
exploration permit shall, upon conviction, be penalized by a fine of not
exceeding Fifty thousand pesos (P50,000.00).
 CHAPTER XIX
PENAL PROVISIONS
Section 103
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. In addition, he shall be liable to pay damages
and compensation for the minerals removed, extracted, and disposed of. In the case of
associations, partnerships, or corporations, the president and each of the directors thereof
shall be responsible for the acts committed by such association, corporation, or partnership.

Section 104
Destruction of Mining Structures
• Any person who willfully destroys or damages structures in or on the mining area or on the mill
sites shall, upon conviction, be imprisoned for a period not to exceed five (5) years and shall, in
addition, pay compensation for the damages which may have been caused thereby.
 CHAPTER XIX
PENAL PROVISIONS
Section 105
Mines Arson
• Any person who willfully sets fire to any mineral stockpile, mine or
workings, fittings or a mine, shall be guilty of arson and shall be punished,
upon conviction, by the appropriate court in accordance with the
provisions of the Revised Penal Code and shall, in addition, pay
compensation for the damages caused hereby.
Section 106
Willful Damage to a Mine
• Any person who willfully damages a mine, unlawfully causes water to run into a
mine, or obstructs any shaft or passage to a mine, or renders useless, damages or
destroys any machine, appliance, apparatus, rope, chain, tackle, or any other things
used in a mine, shall be punished, upon conviction, by the appropriate court, by
imprisonment not exceeding a period of five (5) years and shall, in addition, pay
compensation for the damages caused thereby.
 CHAPTER XIX
PENAL PROVISIONS
Section 107
Illegal Obstruction to Permittees or Contractors
• Any person who, without justifiable cause, prevents or obstructs the holder of any
permit, agreement or lease from undertaking his mining operations shall be
punished, upon conviction by the appropriate court, by a fine not exceeding Five
thousand pesos (P5,000.00) or imprisonment not exceeding one (1) year, or both, at
the discretion of the court.
Section 108
Violation of the Terms and Conditions of the Environmental Compliance Certificate
• Any person who willfully violates or grossly neglects to abide by the terms and
conditions of the environmental compliance certificate issued to said person and
which causes environmental damage through pollution shall suffer the penalty of
imprisonment of six (6) months to six (6) years or a fine of Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200,000.00), or both, at the
discretion of the court.
 CHAPTER XIX
PENAL PROVISIONS
Section 109
Illegal Obstruction to Government Officials
• Any person who illegally prevents or obstructs the Secretary, the Director or any of their
representatives in the performance of their duties under the provisions of this Act and of the
regulations promulgated hereunder shall be punished upon conviction, by the appropriate
court, by a fine not exceeding Five thousand pesos (P5,000.00) or by imprisonment not
exceeding one (1) year, or both, at the discretion of the court.
Section 110
Other Violations
• Any other violation of this Act and its implementing rules and regulations shall constitute an
offense punishable with a fine not exceeding Five thousand pesos (P5,000.00).
Section 111
Fines
• The Secretary is authorized to charge fines for late or non-submission of reports in
accordance with the implementing rules and regulations of this Act.
 7. REPUBLIC ACT NO. 6969

SECTION 1. Short Title. — This Act shall

be known as the “Toxic Substances and
Hazardous and Nuclear Wastes Control
Act of 1990.”
SECTION 14. Criminal Offenses and Penalties.

a.)(i) The penalty of imprisonment of six (6) months and one (1) day to six
(6) years and one (1) day and a fine ranging from Six hundred pesos
(P600.00) to Four thousand pesos (P4,000.00) shall be imposed upon
any person who shall violate Section 13(a) to (c) of this Act and shall not
be covered by the Probation Law. If the offender is a foreigner, he or she
shall be deported and barred from any subsequent entry into the
Philippines after serving his or her sentence;

ii) In case any violation of this Act is committed by a partnership,

corporation, association or any juridical person, the partner, president,
director or manager who shall consent to or shall knowingly tolerate
such violation shall be directly liable and responsible for the act of the
employees and shall be criminally liable as a co-principal;
 SECTION 14. Criminal Offenses and Penalties.

(iii)In case the offender is a government official or employee, he or she

shall, in addition to the above penalties, be deemed automatically
dismissed from office and permanently disqualified from holding any
elective or appointive position.
b) (i) The penalty of imprisonment of twelve (12) years and one (1) day to
twenty (20) years, shall be imposed upon any person who shall violate
Section 13(d) of this Act. If the offender is a foreigner, he or she shall be
deported and barred from any subsequent entry into the Philippines after
serving his or her sentence;
 SECTION 14. Criminal Offenses and Penalties.

(ii) In the case of corporations or other associations, the above penalty

shall be imposed upon the managing partner, president or chief
executive in addition to an exemplary damage of at least Five hundred
thousand pesos (P500,000.00). If it is a foreign firm, the director and all
the officers of such foreign firm shall be barred from entry into the
Philippines, in addition to the cancellation of its license to do business
in the Philippines;
(iii) In case the offender is a government official or employee, he or she
shall in addition to the above penalties be deemed automatically
dismissed from office and permanently disqualified from holding any
elective or appointive position.
 SECTION 14. Criminal Offenses and Penalties.

c) Every penalty imposed for the unlawful importation, entry,

transport, manufacture, processing, sale or distribution of chemical
substances or mixtures into or within the Philippines shall carry with
it the confiscation and forfeiture in favor of the Government of the
proceeds of the unlawful act and instruments, tools or other
improvements including vehicles, sea vessels, and aircrafts used in
or with which the offense was committed. Chemical substances so
confiscated and forfeited by the Government at its option shall be
turned over to the Department of Environment and Natural
Resources for safekeeping and proper disposal.
 8. PRESIDENTIAL DECREE NO.
1067
Article 1. This Code shall be known as
"The Water Code of the Philippines."
Art. 3. The underlying principles of this code
are:

a. All waters belong to the State.

b. All waters that belong to the state can not be the subject to
acquisitive prescription.
c. The State may allow the use or development of waters by
administration concession.
 Art. 3. The underlying principles of this code
are:

d. The utilization, exploitation, development, conservation and

protection of water resources shall be subject to the control
and regulation of the government through the National
Water Resources Council, hereinafter referred to as the
Council.
e. Preference in the use and development of waters shall
consider current usages and be responsive to the changing
needs of the country.
Legal Easement
Chapter VIII: PENAL PROVISIONS
 9. PRESIDENTIAL DECREE NO. 1160, S. 1977

VESTING AUTHORITY IN BARANGAY

CAPTAINS TO ENFORCE POLLUTION
AND ENVIRONMENTAL CONTROL
LAWS AND FOR OTHER PURPOSES
 Section 1

Deputizing the Barangay Captain, the Barangay Councilman and Barangay

Zone Chairman as Peace Officers. — All laws to the contrary
notwithstanding, the Barangay Captain, the Barangay Councilman, and the
Barangay Zone Chairman are hereby deputized as peace officers, with
authority to effect arrest of violators in accordance with law, for
purposes of enforcing and implementing national and local laws,
ordinances and rules and regulations governing pollution control and
other activities which create imbalance in the ecology or disturbance in
environmental conditions.
THANK YOU!!!!