Republic Act No.

8550 or the Philippine Fisheries Code of 1998

SECTION 3. Application of its Provisions. — The provisions of this Code shall be enforced
in:

a. all Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the country’s 200-nautical mile Exclusive Economic Zone
(EEZ) and continental shelf;

b. all aquatic and fishery resources whether inland, coastal or offshore fishing areas,
including but not limited to fishponds, fishpens/cages; and

c. all lands devoted to aquaculture, or businesses and activities relating to fishery,

whether private or public lands.

The state shall ensure the attainment of the following objectives of the fishery sector:

1. Conservation, protection and sustained management of the country’s fishery and

aquatic resources;

2. Poverty alleviation and the provision of supplementary livelihood among municipal

fisherfolk;

3. Improvement of productivity of aquaculture within ecological limits;

4. Optimal utilization of offshore and deep-sea resources; and

5. Upgrading of post-harvest technology.

Section 86 to 128 of R.A No. 8550, as amended by R.A. No. 10654

Prohibitions and Penalties

SECTION 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities.

— No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or
fingerlings of any fishery species or fishery products, or engage in any fishery activity in
Philippine waters without a license, lease or permit.

Discovery of any person in an area where he has no permit or registration papers for a fishing
vessel shall constitute a prima facie presumption that the person and/or vessel is engaged in
unauthorized fishing: Provided, That fishing for daily food sustenance or for leisure which is
not for commercial, occupation or livelihood purposes may be allowed.

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It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery
management areas which may hereinafter be declared as over-exploited.

Any commercial fishing boat captain or the three (3) highest officers of the boat who commit
any of the above prohibited acts upon conviction shall be punished by a fine equivalent to the
value of catch or Ten thousand pesos (P10,000.00) whichever is higher, and imprisonment of
six (6) months, confiscation of catch and fishing gears, and automatic revocation of license.

It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage
in any commercial fishing activity in municipal waters. Any municipal fisherfolk who
commits such violation shall be punished by confiscation of catch and a fine of Five hundred
pesos (500.00).

SECTION 87. Poaching in Philippine Waters. — It shall be unlawful for any foreign person,
corporation or entity to fish or operate any fishing vessel in Philippine waters.

The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie
evidence that the vessel is engaged in fishing in Philippine waters.

Violation of the above shall be punished by a fine of One hundred thousand U.S. Dollars
(US$100,000.00), in addition to the confiscation of its catch, fishing equipment and fishing
vessel: Provided, That the Department is empowered to impose an administrative fine of not
less than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two hundred
thousand U.S. Dollars (US$200,000.00) or its equivalent in the Philippine Currency.

SECTION 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or

Electricity. —

(1) It shall be unlawful for any person to catch, take or gather or cause to be caught,
taken or gathered, fish or any fishery species in Philippine waters with the use of electricity,
explosives, noxious or poisonous substance such as sodium cyanide in the Philippine fishery
areas, which will kill, stupefy, disable or render unconscious fish or fishery species:
Provided, That the Department, subject to such safeguards and conditions deemed necessary
and endorsement from the concerned LGUs, may allow, for research, educational or scientific
purposes only, the use of electricity, poisonous or noxious substances to catch, take or gather
fish or fishery species: Provided, further, That the use of poisonous or noxious substances to
eradicate predators in fishponds in accordance with accepted scientific practices and without
causing adverse environmental impact in neighboring waters and grounds shall not be
construed as illegal fishing.

It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in
any manner dispose of, any fish or fishery species which have been illegally caught, taken or
gathered.

The discovery of dynamite, other explosives and chemical compounds which contain
combustible elements, or noxious or poisonous substances, or equipment or device for
electro-fishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing
boat official or fishworker shall constitute prima facie evidence, that the same was used for
fishing in violation of this Code. The discovery in any fishing vessel of fish caught or killed
with the use of explosive, noxious or poisonous substances or by electricity shall constitute

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prima facie evidence that the fisherfolk, operator, boat official or fishworker is fishing with
the use thereof.

(2) Mere possession of explosive, noxious or poisonous substances or electrofishing

devices for illegal fishing shall be punishable by imprisonment ranging from six (6) months
to two (2) years.

(3) Actual use of explosives, noxious or poisonous substances or electrofishing devices

for illegal fishing shall be punishable by imprisonment ranging from five (5) years to ten (10)
years without prejudice to the filing of separate criminal cases when the use of the same
result to physical injury or loss of human life.

(4) Dealing in, selling, or in any manner disposing of, for profit, illegally
caught/gathered fisheries species shall be punished by imprisonment ranging from six (6)
months to two (2) years.

(5) In all cases enumerated above, the explosives, noxious or poisonous substances
and/or electrical devices, as well as the fishing vessels, fishing equipment and catch shall be
forfeited.

SECTION 89. Use of Fine Mesh Net. — It shall be unlawful to engage in fishing using nets
with mesh smaller than that which may be fixed by the Department: Provided, That the
prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels,
elvers, tabios, and alamang and such species which by their nature are small but already
mature to be identified in the implementing rules and regulations by the Department.

Violation of the above shall subject the offender to a fine from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (P20,000.00) or imprisonment from six (6) months to
two (2) years or both such fine and imprisonment at the discretion of the court: Provided,
That if the offense is committed by a commercial fishing vessel, the boat captain and the
master fisherman shall also be subject to the penalties provided herein: Provided, further,
That the owner/operator of the commercial fishing vessel who violates this provision shall be
subjected to the same penalties provided herein: Provided, finally, That the Department is
hereby empowered to impose upon the offender an administrative fine and/or cancel his
permit or license or both.

SECTION 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery
Management Areas. — It shall be unlawful to engage in fishing in municipal waters and in all
bays as well as other fishery management areas using active fishing gears as defined in this
Code.

Violators of the above prohibitions shall suffer the following penalties:

(1) The boat captain and master fisherman of the vessels who participated in the
violation shall suffer the penalty of imprisonment from two (2) years to six (6) years;

(2) The owner/operator of the vessel shall be fined from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (20,000.00) upon the discretion of the court.

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If the owner/operator is a corporation, the penalty shall be imposed on the chief executive
officer of the Corporation.

If the owner/operator is a partnership the penalty shall be imposed on the managing partner.

(3) The catch shall be confiscated and forfeited.

SECTION 91. Ban on Coral Exploitation and Exportation. — It shall be unlawful for any
person or corporation to gather, possess, sell or export ordinary precious and semi-precious
corals, whether raw or in processed form, except for scientific or research purposes.

Violations of this provision shall be punished by imprisonment from six (6) months to two
(2) years and a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos
(20,000.00), or both such fine and imprisonment, at the discretion of the court, and forfeiture
of the subject corals, including the vessel and its proper disposition.

The confiscated corals shall either be returned to the sea or donated to schools and museums
for educational or scientific purposes or disposed through other means.

SECTION 92. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and
Other Marine Habitat. — It shall be unlawful for any person, natural or juridical, to fish with
gear method that destroys coral reefs, seagrass beds, and other fishery marine life habitat as
may be determined by the Department. “Muro-Ami” and any of its variation, and such similar
gear and methods that require diving, other physical or mechanical acts to pound the coral
reefs and other habitat to entrap, gather or catch fish and other fishery species are also
prohibited.

The operator, boat captain, master fisherman, and recruiter or organizer of fishworkers who
violate this provision shall suffer a penalty of two (2) years to ten (10) years imprisonment
and a fine of not less than One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) or both such fine and imprisonment, at the discretion of the
court. The catch and gear used shall be confiscated.

It shall likewise be unlawful for any person or corporation to gather, sell or export white
sand, silica, pebbles and any other substances which make up any marine habitat.

The person or corporation who violates this provision shall suffer a penalty of two (2) years
to ten (10) years imprisonment and a fine of not less than One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) or both such fine and
imprisonment, at the discretion of the court. The substance taken from its marine habitat shall
be confiscated.

SECTION 93. Illegal Use of Superlights. — It shall be unlawful to engage in fishing with
the use of superlights in municipal waters or in violation of the rules and regulations which
may be promulgated by the Department on the use of superlights outside municipal waters.

Violations of this provision shall be punished by imprisonment from six (6) months to two
(2) years or a fine of Five thousand pesos (P5,000.00) per superlight, or both such fine and
imprisonment at the discretion of the courts. The superlight, fishing gears and vessel shall be
confiscated.

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SECTION 94. Conversion of Mangroves. — It shall be unlawful for any person to convert
mangroves into fishponds or for any other purposes.

Violation of the provision of this section shall be punished by imprisonment of six (6) years
and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos (P80,000.00):
Provided, That if the area requires rehabilitation or restoration as determined by the court, the
offender should also be required to restore or compensate for the restoration of the damage.

SECTION 95. Fishing in Overfished Area and During Closed Season. — It shall be unlawful
to fish in overfished area and during closed season.

Violation of the provision of this section shall be punished by imprisonment of six (6) months
and one (1) day to six (6) years and/or fine of Six thousand pesos (P6,000.00) and by
forfeiture of the catch and cancellation of fishing permit or license.

SECTION 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. — It shall be unlawful
to fish in fishery areas declared by the Department as fishery reserves, refuge and sanctuaries.

Violation of the provision of this section shall be punished by imprisonment of two (2) years
to six (6) years and/or fine of Two thousand pesos (P2,000.00) to Twenty thousand pesos
(P20,000.00) and by forfeiture of the catch and the cancellation of fishing permit or license.

SECTION 97. Fishing or Taking of Rare, Threatened or Endangered Species. — It shall be

unlawful to fish or take rare, threatened or endangered species as listed in the CITES and as
determined by the Department.

Violation of the provision of this section shall be punished by imprisonment of twelve (12)
years to twenty (20) years and/or a fine of One hundred and twenty thousand pesos
(P120,000.00) and forfeiture of the catch, and the cancellation of fishing permit.

SECTION 98. Capture of Sabalo and Other Breeders/Spawners. — It shall be unlawful for
any person to catch, gather, capture or possess mature milkfish or “sabalo” and such other
breeders or spawners of other fishery species as may be determined by the Department:
Provided, That catching of “sabalo” and other breeders/spawners for local breeding purposes
or scientific or research purposes may be allowed subject to guidelines to be promulgated by
the Department.

Violation of the provision of this section shall be punished by imprisonment of six (6) months
and one (1) day to eight (8) years and/or a fine of Eighty thousand pesos (P80,000.00) and
forfeiture of the catch, and fishing equipment used and revocation of license.

SECTION 99. Exportation of Breeders, Spawners, Eggs or Fry. — Exportation of breeders,

spawners, eggs or fry as prohibited in this Code shall be punished by imprisonment of eight
(8) years, confiscation of the same or a fine equivalent to double the value of the same, and
revocation of the fishing and/or export license/permit.

SECTION 100. Importation or Exportation of Fish or Fishery Species. — Any importation

or exportation of fish or fisheries species in violation of this Code shall be punished by eight
(8) years of imprisonment, a fine of Eighty thousand pesos (P80,000.00) and destruction of
live fishery species or forfeiture of non-live fishery species in favor of the department for its

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proper disposition: Provided, That violator of this provision shall be banned from being
members or stock holders of companies currently engaged in fisheries or companies to be
created in the future, the guidelines for which shall be promulgated by the Department.

SECTION 101. Violation of Catch Ceilings. — It shall be unlawful for any person to fish in
violation of catch ceilings as determined by the Department. Violation of the provision of this
section shall be punished by imprisonment of six (6) months and one (1) day to six (6) years
and/or a fine of Fifty thousand pesos (P50,000.00) and forfeiture of the catch, and fishing
equipment used and revocation of license.

SECTION 102. Aquatic Pollution. — Aquatic pollution, as defined in this Code shall be
unlawful.

Violation of the provision of this section shall be punished by imprisonment of six (6) years
and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos (P80,000.00) plus
an additional fine of Eight thousand pesos (P8,000.00) per day until such violation ceases and
the fines paid.

SECTION 103. Other Violations. — The following fisheries activities shall also be
considered as a violation of this Code:

a. Failure to Comply with Minimum Safety Standards. — The owner and captain of a
commercial fishing vessel engaged in fishing who, upon demand by proper authorities, fails
to exhibit or show proof of compliance with the safety standards provided in this Code, shall
be immediately prevented from continuing with his fishing activity and escorted to the
nearest port or landing point. The license to operate the commercial fishing vessel shall be
suspended until the safety standard has been complied with.

b. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages. —
The FLA of the holder who fails to render a yearly report shall be immediately cancelled:
Provided, That if the offender be the owner of the fishpond, fish pen or fish cage, he shall be
subjected to the following penalties: (1) first offense, a fine of Five hundred pesos (P500.00)
per unreported hectare; (2) subsequent offenses, a fine of One thousand pesos (1,000.00) per
unreported hectare.

c. Gathering and Marketing of Shell Fishes. — It shall be unlawful for any person to
take, sell, transfer, or have in possession for any purpose any shell fish which is sexually
mature or below the minimum size or above the maximum quantities prescribed for the
particular species.

d. Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or
Bay. — It shall be unlawful for any person who causes obstruction to navigation or flow or
ebb of tide.

e. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages. — It
shall be unlawful to construct and operate fish corrals/traps, fish pens and fish cages without
a license/permit.

Subject to the provision of subparagraph (b) of this section, violation of the above-
enumerated prohibited acts shall subject the offender to a fine ranging from Two thousand

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pesos (P2,000.00) to Ten thousand pesos (P10,000.00) or imprisonment from one (1) month
and one (1) day to six (6) months, or both such fine and imprisonment, upon the discretion of
the court: Provided, That the Secretary is hereby empowered to impose upon the offender an
administrative fine of not more than Ten thousand pesos (P10,000.00) or to cancel his permit
or license, or to impose such fine and to cancel his permit or license, in the discretion of the
Secretary: Provided, further, That the Secretary, or his duly authorized representative, and
law enforcement agents are hereby empowered to impound with the assistance of the
Philippine Coast Guard, PNP-Maritime Command: Provided, finally, That any person who
unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic
products when such inspection and/or movement is authorized under this Code, shall be
subject to a fine of not more than Ten thousand pesos (P10,000.00) or imprisonment of not
more than two (2) years, or both such fine and imprisonment, upon the discretion of the court.

Every penalty imposed for the commission of an offense shall carry with it the forfeiture of
the proceeds of such offense and the instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be the property of a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall be destroyed.

SECTION 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or

Fishworker or Crew. — The owner/operator of a commercial fishing vessel employing
unlicensed fisherfolk or fishworker shall be fined Five hundred pesos (P500.00) each for
every month that the same has been employed and/or One thousand pesos (P1,000.00) for
every month for each unlicensed crew member who has been employed.

SECTION 105. Obstruction of Defined Migration Paths. — Obstruction of any defined

migration paths of anadromous, catadromous and other migratory species, in areas including,
but not limited to river mouths and estuaries within a distance determined by the concerned
FARMCs shall be punished by imprisonment of seven (7) years to twelve (12) years or a fine
from Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00)or both
imprisonment and fine at the discretion of the court, and cancellation of permit/license, if
any, and dismantling of obstruction shall be at his own expense and confiscation of same.

SECTION 106. Obstruction to Fishery Law Enforcement Officer. — The boat owner, master
or operator or any person acting on his behalf of any fishing vessel who evades, obstructs or
hinders any fishery law enforcement officer of the Department to perform his duty, shall be
fined Ten thousand pesos (P10,000.00). In addition, the registration, permit and/or license of
the vessel including the license of the master fisherman shall be canceled.

SECTION 107. Promulgation of Administrative Orders. — For purposes of fishery

regulation or other fishery adjustments, the Department in consultation with the LGUs and
local FARMCs, shall issue Fishery Administrative Orders or regulations for the conservation,
preservation, management and sustainable development of fishery and aquatic resources.

CHAPTER VII

General Provisions

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SECTION 108. Fisherfolk Settlement Areas. — The Department shall establish and create
fisherfolk settlement areas in coordination with concerned agencies of the government, where
certain areas of the public domain, specifically near the fishing grounds, shall be reserved for
the settlement of the municipal fisherfolk. Nothing in this section shall be construed to vest
ownership of any resettlement area to a municipal fisherfolk for whom said areas may have
been reserved for or had been actually granted to.

SECTION 109. Municipal Fisheries Grant Fund. — For the development, management and
conservation of the municipal resources, there is hereby created a Fishery Grant Fund to
finance fishery projects of the LGUs primarily for the upliftment of the municipal fisherfolk.
The amount of One hundred million pesos (P100,000,000.00) is hereby appropriated out of
the Department’s allocation in the General Appropriations Act (GAA) to support the Grant
Fund.

For this purpose, the Department may seek financial assistance from any source and may
receive any donation therefore.

SECTION 110. Fishery Loan and Guarantee Fund. — Pursuant to Section 7, Article XIII of
the Constitution, there is hereby created a Fishery Loan and Guarantee Fund with an initial of
One hundred million pesos (P100,000,000.00), which shall be administered by the Land Bank
of the Philippines. The fund shall be made available for lending to qualified borrowers to
finance the development of the fishery industry under a program to be prescribed by the
Department.

For the same purpose, the Department may seek financial assistance from any source and
may receive any donation therefrom.

SECTION 111. Fishing Vessels Development Fund. — There is hereby created a Fishing
Vessels Development Fund to enhance the building and/or acquisition of fishing vessels. This
shall be a long-term loan facility that shall be administered by the Development Bank of the
Philippines. The amount of Two hundred and fifty million pesos (P250,000,000.00) per year
for five (5) years is hereby appropriated out of the Department’s allocation in the GAA to
support this Development Fund.

SECTION 112. Special Fisheries Science and Approfishtech Fund. — The Department shall
provide subsidy for full technical and financial support to the development of appropriate
technology, both in fishery and ancillary industries, that are ecologically sound, locally
source-based and labor intensive, based on the requirement and needs of the FARMCs. An
initial amount of One hundred million pesos (100,000,000.00) shall be authorized for the
purpose of a Special Fisheries Science and Approfishtech Fund, and thereafter shall be
included in the GAA.

SECTION 113. Aquaculture Investment Fund. — An Aquaculture Investment Fund in the

minimum amount of Fifty million pesos (P50,000,000.00) shall be established for soft loans
which shall be extended to municipal fisherfolk and their organization who will engage in
aquaculture, and for the development of underdeveloped or underutilized inland fishponds.

SECTION 114. Other Fisheries Financing Facilities. — In addition to fisheries credit

guarantee, grant and other similar facilities granted under this Code, qualified Filipino
fisherfolk and fisheries enterprises shall enjoy such other facilities granted them under

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existing and/or new laws, specially as to rural credit, with preference being given to fisheries
cooperatives.

SECTION 115. Professionalization of Fisheries Graduates. — There is hereby created a

Fisheries Board of Examiners in the Professional Regulation Commission to upgrade the
Fisheries Profession: Provided, however, That those who have passed the Civil Service
Examination for Fisheries shall automatically be granted eligibility by the Fisheries Board of
Examiners: Provided, further, That they have served the industry in either public or private
capacity for not less than five (5) years: Provided, finally, That the first Board Examination
for B.S. Fisheries Graduates shall be conducted within one (1) year from the approval of this
Code.

SECTION 116. Upgrading of State Fisheries Schools/Colleges. — The Department, in

coordination with the Commission on Higher Education (CHED), Department of Education,
Culture and Sports (DECS), and Technical Education and Skills Development Authority
(TESDA), shall upgrade State Fisheries Schools/Colleges which provide both formal and
non-formal education: Provided, however, That the CHED shall incorporate Approfishtech in
the curricula of fisheries schools/colleges.

The Department and the CHED shall jointly formulate standards to upgrade all fisheries
schools/colleges. Fisheries schools/colleges that do not meet minimum standards shall be
closed.

SECTION 117. Inclusion of Fisheries Conservation Subjects in School Curriculum. —

Fisheries conservation subjects shall be incorporated in the curricula of elementary and
secondary schools both private and public.

SECTION 118. Educational campaign at all levels. — The Department, the CHED, the
DECS and the Philippine Information Agency shall launch and pursue a nationwide
educational campaign to:

a. help realize the policies and implement the provisions of this Code;

b. promote the development, management, conservation and proper use of the

environment;

c. promote the principle of sustainable development; and

d. promote the development of truly Filipino-oriented fishing and ancillary industries.

SECTION 119. Infrastructure Support. — The Department in cooperation with concerned

agencies shall:

a. prepare and implement a nationwide plan for the development of municipal fishing
ports and markets;

b. prioritize the construction of farm-to-market roads linking the fisheries production

sites, coastal landing points and other post-harvest facilities to major market and arterial
roads/highways;

9
c. identity community infrastructure facilities such as fish landing ports, ice plant and
cold storage facilities in consultation with fishery cooperatives/associations and prepare plans
and designs for their construction that would be consistent with international environmental
impact;

d. establish and maintain quality laboratories in major fish ports and prescribe the
highest standards for the operation and maintenance of such post-harvest facilities;

e. arrange and make representations with appropriate funding institutions to finance

such facilities for the use of the fishery cooperatives/associations;

f. develop and strengthen marketing facilities and promote cooperative marketing

systems; and

g. promote and strengthen local fisheries ship-building and repair industry.

SECTION 120. Extension Services. — The Department shall develop cost-effective,

practical and efficient extension services on a sustained basis, in addition to those provided
by state educational institutions, especially to municipal fisherfolk in undeveloped areas,
utilizing practicable and indigenous resources and government agencies available, and based
upon a system of self-reliance and self-help.

SECTION 121. Protection of Sensitive Technical Information. — The Department shall take
such measures as may be necessary in order to protect trade, industrial and policy information
of Filipino fisherfolk, fisheries owners/operators, entrepreneurs, manufacturers and
researchers, when disclosure of such information will injure the competitiveness or viability
of domestic fisheries.

SECTION 122. Assistance in Collecting Information. — The Department, in coordination

with other government entities concerned, may require Filipino representatives abroad and
foreign-based personnel to assist in the collection of fisheries data and information.

SECTION 123. Charting of Navigational Lanes and Delineation of Municipal Waters. —

The Department shall authorize the National Mapping and Resource Information Authority
(NAMRIA) for the designation and charting of navigational lanes in fishery areas and
delineation of municipal waters. The Philippine Coast Guard shall exercise control and
supervision over such designated navigational lanes.

SECTION 124. Persons and Deputies Authorized to Enforce this Code and Other Fishery
Laws, Rules and Regulations. — The law enforcement officers of the Department, the
Philippine Navy, Philippine Coast Guard, Philippine National Police (PNP), PNP-Maritime
Command, law enforcement officers of the LGUs and other government enforcement
agencies, are hereby authorized to enforce this Code and other fishery laws, rules and
regulations. Other competent government officials and employees, punong barangays and
officers and members of fisherfolk associations who have undergone training on law
enforcement may be designated in writing by the Department as deputy fish wardens in the
enforcement of this Code and other fishery laws, rules and regulations.

SECTION 125. Strengthening Prosecution and Conviction of Violators of Fishery Laws. —

The Department of Justice (DOJ) shall embark on a program to strengthen the prosecution

10
and conviction aspects of fishery law enforcement through augmentation of the current
complement of state prosecutors and through their continuous training and reorientation on
fishery laws, rules and regulations.

SECTION 126. Foreign Grants and Aids. — All foreign grants, aids, exchange programs,
loans, researches and the like shall be evaluated and regulated by the Department to ensure
that such are consistent with the Filipinization, democratization and industrialization of
fishing industry and the development of the entire country.

SECTION 127. Mandatory Review. — The Congress of the Philippines shall undertake a
mandatory review of this Code at least once every five (5) years and as often as it may deem
necessary, to ensure that fisheries policies and guidelines remain responsive to changing
circumstances.

CHAPTER VIII

Transitory Provisions

SECTION 128. Moratoria. — The Department shall, upon the recommendation of the
Bureau, have the power to declare a moratorium on the issuance of licenses for commercial
fishing vessels to operate in specified area or areas in Philippine waters for a limited period of
time if there are indications of overfishing brought about by a decrease in the volume and
sizes of fish caught therein or for conservation or ecological purposes.

No new licenses and similar privileges on exploitation of specific fishery areas in Philippine
waters and aquaculture production areas shall be issued in accordance with this Code. Such
moratoria shall not exceed five (5) years from the effectivity of this Code.

Section 4[64], R.A. No. 8550

64. Philippine waters — include all bodies of water within the Philippine territory such as lakes,
rivers, streams, creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas and other bodies of
water now existing or which may hereafter exist in the provinces, cities, municipalities, and barangays
and the waters around, between and connecting the islands of the archipelago regardless of their
breadth and dimensions, the territorial sea, the sea beds, the insular shelves, and all other waters over
which the Philippines has sovereignty and jurisdiction including the 200-nautical miles Exclusive
Economic Zone and the continental shelf.

Fisheries Administrative Order No. 129, Series of 1980

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Section 4(44), R.A. No. 8550, as amended by R.A. No. 10654
44. Fishworker — a person regularly or not regularly employed in commercial fishing and
related industries, whose income is either in wage, profit-sharing or stratified sharing basis, including
those working in fish pens, fish cages, fish corrals/traps, fishponds, prawn farms, sea farms, salt beds,
fish ports, fishing boat or trawlers, or fish processing and/or packing plants. Excluded from this
category are administrators, security guards and overseers.

Sec. 4(82), R.A. No. 8550, as amended by R.A. No. 10654

Section 135, R.A. No. 10654

Section 135. Accompanying Administrative Sanctions for Serious Violations. – The Adjudication
Committee may impose the following additional sanctions to the administrative penalties imposed
for serious violations:

(1) confiscation of fishing gear;

(2) impoundment of fishing vessel;

(3) temporary suspension or permanent revocation of license or permit;

(4) temporary or permanent ban from the availment of applicable duty and tax rebates;

(5) inclusion in the IUU fishing vessel list;

(6) denial of entry and other port services;

(7) blacklisting; and

(8) increase in the amount of fines but not to exceed five (5) times the value of the catch.
In case of repeated violations within a five-year period, the amount of fine may be
increased up to eight (8) times the value of the catch.

During the pendency of the administrative or the criminal case, the Department may impound the
vessel/conveyance, gear and other paraphernalia used in the commission of the offense.

In applying these accompanying sanctions, the Department shall take into account the
seriousness of the violation as defined in Paragraph 82 of Section 4 of this Code, the habituality
or repetition of violation, manner of commission of the offense, severity of the impact on the
fishery resources and habitat, socioeconomic impact, cases of concealment or destruction of
evidence, eluding arrest, resisting lawful orders, and other analogous circumstances.

The overall level of sanctions and accompanying sanctions shall be calculated in a manner that
is proportionate, effective and dissuasive to deprive the offender of the economic benefits
derived from the serious violation.

12
Section 138, R.A. No. 10654

Section 138. Citizen’s Suits. – For the purposes of enforcing the provisions of this Code and its
implementing rules and regulations, any citizen may file an appropriate civil, criminal or
administrative action in the proper courts/bodies against:

(a) Any person who violates or fails to comply with the provisions of this Code, and its
implementing rules and regulations;

(b) The Department or other implementing agencies with respect to orders, rules and
regulations issued inconsistent with this Act; and

(c) Any public officer who willfully or grossly neglects the performance of a duty
specifically enjoined by this Code and its implementing rules and regulations; or abuses
authority in the performance of duty; or, in any manner improperly performs duties under
this Code and its implementing rules and regulations: Provided, however, That no suit
can be filed until after fifteen (15) days notice has been given the public officer and the
alleged offender and no appropriate action has been taken thereon.

Section 139. Strategic Lawsuit Against Public Participation (SLAPP) in the Enforcement of this
Act. – A legal action filed to harass, vex, exert undue pressure, or stifle any legal recourse that
any person, institution, or the government has taken or may take in the enforcement of this Code
shall be treated as a Strategic Lawsuit Against Public Participation (SLAPP).

The hearing on the defense of a SLAPP shall be summary in nature, the affirmative defense of a
SLAPP shall be resolved within thirty (30) days after the summary hearing. If the court dismisses
the action, the court may award damages, attorney’s fees, and costs of suit under a counterclaim
if such has been filed. The dismissal shall be with prejudice.

If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing
shall be treated as evidence of the parties on the merits of the case. The action shall proceed in
accordance with the Rules of Court.

The Rules of Procedure for Environmental Cases shall govern the procedure in civil, criminal,
and special civil actions involving the enforcement or violations of this Code including actions
treated as a SLAPP as provided in this section.

Section 140. Fisheries National Administrative Register. – The Adjudication Committee shall
enter in a Fisheries National Administrative Register, which shall be publicly available, all
decisions, resolutions or orders involving violations of this Code, particularly serious violations
committed by Philippine flagged vessels or by Philippine nationals and cases on poaching or
involving foreigners, including the penalties imposed."

13
Republic Act No. 8749 or the Clean Air Act of 1999

Section 5[i], R.A. No. 8749

a. "Greenhouse gases" means 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;

Section 5[h], R.A. No. 8749

a. "Emission" means any air contaminant, pollutant, gas stream or unwanted sound from
a known source which is passed into the atmosphere;

Section 21 of the Clean Air Act (R.A. No. 8749)

Pollution from Motor Vehicles. —
a. The DOTC shall implement the emission standards for motor vehicles set pursuant to
and as provided in this Act. To further improve the emission standards, the
Department shall review, revise and publish the standards every two (2) years, or as
the need arises. It shall consider the maximum limits for all major pollutants to ensure
substantial improvement in air quality for the health, safety and welfare of the general
public.
The following emission standards for type approval of motor vehicles shall be
effective by the year 2003:
a. For light duty vehicles, the exhaust emission limits for gaseous pollutants shall
be:
Emission Limits for Light Duty Vehicles
Type Approval
(Directive 91/441/EEC)

CO HC + NOx PM a

(g/km) (g/km) (g/km)

2.72 0.97 0.14

a. for compression-ignition engines only

b. For light commercial vehicles, the exhaust emission limit of gaseous
pollutants as a function of the given reference mass shall be:
Emission Limits for Light Commercial Vehicles
Type Approval
(Directive 93/59/EEC)

Reference CO HC + NOx PM a

14
 Weight

(RW) (g/km) (g/km) (g/km)

(kg)

Category 1 1250 < RW 2.72 0.97 0.14

Category 2 1250 < RW < 5.17 1.4 0.19

1700

Category 3 RW > 1700 6.9 1.7 0.25

a. for compression-ignition engines only

c. For heavy duty vehicles, the exhaust emission limits of gaseous pollutants
shall be:
Emission Limits for Heavy Duty Vehicles
Type Approval
(Directive 91/542/EEC)

CO HC NOx PM

(g/kWh) (g/kWh) (g/kWh) (g/kWh)

4.5 1.1 8.0 0.36 a

a. In the case of engines of 85 kW or less, the limit value for particular

emissions is increased by multiplying the quoted limit by a coefficient
of 1.7

Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams
hydrocarbons per test. Likewise, it shall not allow any emission of gases from
crankcase ventilation system into the atmosphere.
b. The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an
action plan for the control and management of air pollution from motor vehicles
consistent with the Integrated Air Quality Framework. The DOTC shall enforce
compliance with the emission standards for motor vehicles set by the Department.
The DOTC may deputize other law enforcement agencies and LGUs for this purpose.
To this end, the DOTC shall have the power to:
a. Inspect and monitor the emissions of motor vehicles;

15
 b. Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any
area or street at specified times; and
c. Authorize private emission testing centers duly accredited by the DTI.
c. The DOTC, together with the DTI and the Department, shall establish the procedures
for the inspection of motor vehicles and the testing of their emissions for the purpose
of determining the concentration and/or rate of emission of pollutants discharged by
said sources.
d. In order to ensure the substantial reduction of emissions from motor vehicles, the
Department of Trade and Industry (DTI), together with the DOTC and the
Department, shall formulate and implement a national motor vehicle inspection and
maintenance program that will promote efficient and safe operation of all motor
vehicles. In this regard, the DTI shall develop and implement standards and
procedures for the certification of training institutions, instructors and facilities and
the licensing of qualified private service centers and their technicians as prerequisite
for performing the testing, servicing, repair and the required adjustment to the vehicle
emission system. The DTI shall likewise prescribe regulations requiring the disclosure
of odometer readings and the use of tamper-resistant odometers for all motor vehicles
including tamper-resistant fuel management systems for the effective implementation
of the inspection and maintenance program.

Rule VI, Sec. 1, D.A.O. No. 2000 – 81

Section 20 of the Clean Air Act (R.A. No. 8749)

Section 20
Ban on Incineration. —
Incineration, hereby defined as the burning of municipal, bio-medical and hazardous wastes,
which process emits poisonous and toxic fumes, is hereby prohibited: Provided, however,
That the prohibition shall not apply to traditional small-scale method of
community/neighborhood sanitation "siga", traditional, agricultural, cultural, health, and food
preparation and crematoria: Provided, further, That existing incinerators dealing with bio-
medical wastes shall be phased out within three (3) years after the effectivity of this Act:
Provided, finally, That in the interim, such units shall be limited to the burning of
pathological and infectious wastes, and subject to close monitoring by the Department.

16
Local government units are hereby mandated to promote, encourage and implement in their
respective jurisdiction a comprehensive ecological waste management that includes waste
segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote the use of
state-of-the-art, environmentally-sound and safe non-burn technologies for the handling,
treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted
municipal, bio-medical and hazardous wastes.

Section 5(t), Article II of the Clean Air Act defines what poisonous and
toxic fumes are, viz:
a. "Poisonous and toxic fumes" means any emissions and fumes which are beyond
internationally-accepted standards, including but not limited to World Health
Organization (WHO) guideline values;

Section 5[d], R.A. No. 8749

a. "Ambient air quality" means the general amount of pollution present in a broad area;
and refers to the atmosphere's average purity as distinguished from discharge
measurements taken at the source of pollution;

Section 1, Rule VI, DENR Administrative Order No. 2000-81, Series of

2000

See Sec. 12, R.A. No. 8749

Ambient Air Quality Guideline Values and Standards. —
The Department, in coordination with other concerned agencies, shall review and/or revise
and publish annually a list of hazardous air pollutants with corresponding ambient guideline
values and/or standard necessary to protect public health and safety, and general welfare. The
initial list and values of the hazardous air pollutants shall be as follows:
a. For National Ambient Air Quality Guideline for Criteria Pollutants:

Short Term a Long Term b

Pollutants µg/Ncm ppm Averaging µg/Ncm ppm Averaging
Time Time
Suspended
Particulate
Matter c - TSP 230 d 24 90 -- 1
hours year
e

17
 - PM-10 150 f 24 60 -- 1
hours year
e
Sulfur Dioxide c 180 0.07 24 hours 80 0.03 1 year
Nitrogen 150 0.08 24 hours -- -- --
Dioxide
Photochemical
Oxidants 140 0.07 1 hour -- -- --
As Ozone 60 0.03 8 hours -- -- --
Carbon 35 30 1 hour -- -- --
Monoxide mg/Ncm
10 9 8 hours -- -- --
mg/Ncm
Lead g 1.5 -- 3 months 1.0 -- 1 year
g
a. Maximum limits represented by ninety-eight percentile (98%) values not to
exceed more than once a year.
b. Arithmetic mean
c. SO2 and Suspended Particulate matter are sampled once every six days when
using the manual methods. A minimum of twelve sampling days per quarter or
forty-eight sampling days each year is required for these methods. Daily
sampling may be done in the future once continuous analyzers are procured
and become available.
d. Limits for Total Suspended Particulate Matter with mass median diameter less
than 25-50 µm.
e. Annual Geometric Mean
f. Provisional limits for Suspended Particulate Matter with mass median
diameter less than 10 microns and below until sufficient monitoring data are
gathered to base a proper guideline.
g. Evaluation of this guideline is carried out for 24-hour averaging time and
averaged over three moving calendar months. The monitored average value
for any three months shall not exceed the guideline value.
b. For National Ambient Air Quality Standards for Source Specific Air Pollutants from
Industrial Sources/Operations:

Pollutants 1 Concentration 2 Averaging Method of Analysis/

µg/Ncm ppm time Measurement 3

(min.)

18
1. Ammonia 200 0.28 30 Nesselerization/Indo

Phenol

2. Carbon 30 0.01 30 Tischer Method

Disulfide

3. Chlorine and
Chlorine

compounds
expressed

as Cl2 100 0.03 5 Methyl Orange

4. Formaldehyde 50 0.04 30 Chromotropic acid

Method or MBTH

Colorimetric Method

5. Hydrogen 200 0.13 30 Volhard Titration

Chloride with

Iodine Solution

6. Hydrogen 100 0.07 30 Methylene Blue

Sulfide

7. Lead 20 30 AAS

8. Nitrogen 375 0.20 30 Greiss-Saltzman

Dioxide

260 0.14 60

9. Phenol 100 0.03 30 4-Aminoantiphyrine

10 Sulfur Dioxide 470 0.18 30 Colorimetric-

19
 .

340 0.13 60 Pararosaniline

11 Suspended
. Particulate

Matter� � - 300 -- 60 Gravimetric

TSP

- PM10 200 -- 60 Gravimetric

a. Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos,

Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations
may be considered as guides in determining compliance
b. Ninety-eight percentile (98%) values of 30-minute sampling measured at
25ºC and one atmosphere pressure.
c. Other equivalent methods approved by the Department may be used
The basis in setting up the ambient air quality guideline values and standards shall reflect,
among others, the latest scientific knowledge including information on:
a. Variable factors, including atmospheric conditions, which of themselves or in
combination with other factors may alter the effects on public health or welfare of
such air pollutant;
b. The other types of air pollutants which may interact with such pollutant to produce an
adverse effect on public health or welfare; and
c. The kind and extent of all identifiable effects on public health or welfare which may
be expected from the presence of such pollutant in the ambient air, in varying
quantities.
The Department shall base such ambient air quality standards on World Health Organization
(WHO) standards, but shall not be limited to nor be less stringent than such standards.

20
Republic Act No. 9003 or the Ecological Solid Waste Management
Act

Sections 2 (a) and (b), R.A. No. 9003

SECTION 2. Declaration of Policies. — It is hereby declared the policy of the State to adopt
a systematic, comprehensive and ecological solid waste management program which shall:

(a) Ensure the protection of public health and environment;

(b) Utilize environmentally-sound methods that maximize the utilization of valuable

resources and encourage resource conservation and recovery;

Section 3[kk], R.A. No. 9003

(kk) 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.

Unless specifically noted otherwise, the term “solid waste” as used in this Act shall not
include:

(1) waste identified or listed as hazardous waste of a solid, liquid, contained gaseous
or semi-solid form which may cause or contribute to an increase in mortality or in serious or
incapacitating reversible illness, or acute/chronic effect on the health of persons and other
organisms;

(2) infectious waste from hospitals such as equipment, instruments, utensils, and
fomites of a disposable nature from patients who are suspected to have or have been
diagnosed as having communicable diseases and must therefore be isolated as required by
public health agencies, laboratory wastes such as pathological specimens (i.e., all tissues,
specimens of blood elements, excreta, and secretions obtained from patients or laboratory
animals), and disposable fomites that may harbor or transmit pathogenic organisms, and

21
surgical operating room pathologic specimens and disposable fomites attendant thereto, and
similar disposable materials from outpatient areas and emergency rooms; and

(3) waste resulting from mining activities, including contaminated soil and debris.

Section 3[l], R.A. No. 9003

(l) Ecological solid waste management shall 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;

Section 40, pars. (a) and (e), R.A. No. 9003

SECTION 40. Criteria for Siting a Sanitary Landfill. — The following shall be the
minimum criteria for the siting of sanitary landfills:

(a) The site selected must be consistent with the overall land use plan of the LGU;

(b) The site must be accessible from major roadways or thoroughfares;

(c) The site should have an adequate quantity of earth cover material that is easily
handled and compacted;

(d) The site must be chosen with regard for the sensitivities of the community’s
residents;

(e) The site must be located in an area where the landfill’s operation will not
detrimentally affect environmentally sensitive resources such as aquifer, groundwater
reservoir or watershed area;

(f) The site should be large enough to accommodate the community’s wastes for a
period of five (5) years during which people must internalize the value of environmentally
sound and sustainable solid waste disposal;

(g) The site chosen should facilitate developing a landfill that will satisfy budgetary
constraints, including site development, operation for many years, closure, post-closure care
and possible remediation costs;

(h) Operating plans must include provisions for coordinating with recycling and
resource recovery projects; and

(i) Designation of a separate containment area for household hazardous wastes.

22
Section 4, R.A. No. 9003

SECTION 4. National Solid Waste Management Commission. — There is hereby

established a National Solid Waste Management Commission, hereinafter referred to as the
Commission, under the Office of the President. The Commission shall be composed of
fourteen (14) members from the government sector and three (3) members from the private
sector. The government sector shall be represented by the heads of the following agencies in
their ex officio capacity:

(1) Department of Environment and Natural Resources (DENR);

(2) Department of the Interior and Local Government (DILG);

(3) Department of Science and Technology (DOST);

(4) Department of Public Works and Highways (DPWH);

(5) Department of Health (DOH);

(6) Department of Trade and Industry (DTI);

(7) Department of Agriculture (DA);

(8) Metro Manila Development Authority (MMDA);

(9) League of provincial governors;

(10) League of city mayors;

(11) League of municipal mayors;

(12) Association of barangay councils;

(13) Technical Education and Skills Development Authority (TESDA); and

(14) Philippine Information Agency.

The private sector shall be represented by the following:

(a) A representative from nongovernment organizations (NGOs) whose principal

purpose is to promote recycling and the protection of air and water quality;

(b) A representative from the recycling industry; and

(c) A representative from the manufacturing or packaging industry;

23
The Commission may, from time to time, call on any other concerned agencies or sectors as it
may deem necessary.

Provided, That representatives from the NGOs, recycling and manufacturing or packaging
industries shall be nominated through a process designed by themselves and shall be
appointed by the President for a term of three (3) years.

Provided, further, That the Secretaries of the member agencies of the Commission shall
formulate action plans for their respective agencies to complement the National Solid Waste
Management Framework.

The Department Secretary and a private sector representative of the Commission shall serve
as chairman and vice chairman, respectively. The private sector representatives of the
Commission shall be appointed on the basis of their integrity, high degree of professionalism
and having distinguished themselves in environmental and resource management. The
members of the Commission shall serve and continue to hold office until their successors
shall have been appointed and qualified. Should a member of the Commission fail to
complete his/her term, the successor shall be appointed by the President of the Philippines but
only for the unexpired portion of the term. Finally, the members shall be entitled to
reasonable traveling expenses and honoraria.

The Department, 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.

Section 7, R.A. No. 9003

SECTION 7. The National Ecology Center. — There shall be established a National

Ecology Center under the Commission which shall provide consulting, information, training,
and networking services for the implementation of the provisions of this Act.

In this regard, it shall perform the following functions:

(a) Facilitate training and education in integrated ecological solid waste management;

(b) Establish and manage a solid waste management information data base, in
coordination with the DTI and other concerned agencies:

(1) on solid waste generation and management techniques as well as the management,
technical and operational approaches to resource recovery; and

(2) of processors/recyclers, the list of materials being recycled or bought by them and
their respective prices;

(c) Promote the development of a recycling market through the establishment of a

national recycling network that will enhance the opportunity to recycle;

24
(d) Provide or facilitate expert assistance in pilot modeling of solid waste management
facilities; and

(e) Develop, test, and disseminate model waste minimization and reduction auditing
procedures for evaluating options.

The National Ecology Center shall be headed by the director of the Bureau in his ex officio
capacity. It shall maintain a multi-sectoral, multi-disciplinary pool of experts including those
from the academe, inventors, practicing professionals, business and industry, youth, women
and other concerned sectors, who shall be screened according to qualifications set by the
Commission.

Section 16, 17 and 37, R.A. No. 9003

SECTION 16. Local Government Solid Waste Management Plans. — The province, city
or municipality, through its local solid waste management boards, shall prepare its respective
10-year solid waste management plans consistent with the national solid waste management
framework: Provided, That the waste management plan shall be for the re-use, recycling and
composting of wastes generated in their respective jurisdictions: Provided, further, That the
solid waste management plan of the LGU shall ensure the efficient management of solid
waste generated within its jurisdiction. The plan shall place primary emphasis on
implementation of all feasible re-use, recycling, and composting programs while identifying
the amount of landfill and transformation capacity that will be needed for solid waste which
cannot be re-used, recycled, or composted. The plan shall contain all the components
provided in Sec. 17 of this Act and a timetable for the implementation of the solid waste
management program in accordance with the National Framework and pursuant to the
provisions of this Act: Provided, finally, That it shall be reviewed and updated every year by
the provincial, city or municipal solid waste management board.

For LGUs which have considered solid waste management alternatives to comply with Sec.
37 of this Act, but are unable to utilize such alternatives, a timetable or schedule of
compliance specifying the remedial measures and eventual compliance shall be included in
the plan.

All local government solid waste management plans shall be subjected to the approval of the
Commission. The plan shall be consistent with the national framework and in accordance
with the provisions of this Act and of the policies set by the Commission: Provided, That in
the Province of Palawan, the local government solid waste management plan shall be
approved by the Palawan Council for Sustainable Development, pursuant to R.A. No. 7611.

SECTION 17. The Components of the Local Government Solid Waste Management
Plan. — The solid waste management plan shall include, but not be limited to, the following
components:

(a) City or Municipal Profile — The plan shall indicate the following background
information on the city or municipality and its component barangays, covering important
highlights of the distinct geographic and other conditions:

25
(1) Estimated population of each barangay within the city or municipality and
population projection for a 10-year period;

(2) Illustration or map of the city/municipality, indicating locations of residential,

commercial, and industrial centers, and agricultural area, as well as dump sites, landfills and
other solid waste facilities. The illustration shall indicate as well, the proposed sites for
disposal and other solid waste facilities;

(3) Estimated solid waste generation and projection by source, such as residential,
market, commercial, industrial, construction/demolition, street waste, agricultural, agro-
industrial, institutional, other wastes; and

(4) Inventory of existing waste disposal and other solid waste facilities and capacities.

(b) Waste characterization — For the initial source reduction and recycling element of
a local waste management plan, the LGU waste characterization component shall identify the
constituent materials which comprise the solid waste generated within the jurisdiction of the
LGU. The information shall be representative of the solid waste generated and disposed of
within that area. The constituent materials shall be identified by volume, percentage in weight
or its volumetric equivalent, material type, and source of generation which includes
residential, commercial, industrial, governmental, or other sources. Future revisions of waste
characterization studies shall identify the constituent materials which comprise the solid
waste disposed of at permitted disposal facilities.

(c) Collection and Transfer — The plan shall take into account the geographic
subdivisions to define the coverage of the solid waste collection area in every barangay. The
barangay shall be responsible for ensuring that a 100% collection efficiency from residential,
commercial, industrial and agricultural sources, where necessary within its area of coverage,
is achieved. Toward this end, the plan shall define and identify the specific strategies and
activities to be undertaken by its component barangays, taking into account the following
concerns:

(1) Availability and provision of properly designed containers or receptacles in

selected collection points for the temporary storage of solid waste while awaiting collection
and transfer to processing sites or to final disposal sites;

(2) Segregation of different types of solid waste for re-use, recycling and composting;

(3) Hauling and transfer of solid waste from source or collection points to processing
sites or final disposal sites;

(4) Issuance and enforcement of ordinances to effectively implement a collection

system in the barangay; and

(5) Provision of properly trained officers and workers to handle solid waste disposal.

The plan shall define and specify the methods and systems for the transfer of solid waste
from specific collection points to solid waste management facilities.

26
(d) Processing — The plan shall define the methods and the facilities required to
process the solid waste, including the use of intermediate treatment facilities for composting,
recycling, conversion and other waste processing systems. Other appropriate waste
processing technologies may also be considered provided that such technologies conform
with internationally-acceptable and other standards set in other laws and regulations.

(e) Source reduction — The source reduction component shall include a program and
implementation schedule which shows the methods by which the LGU will, in combination
with the recycling and composting components, reduce a sufficient amount of solid waste
disposed of in accordance with the diversion requirements of Sec. 20.

The source reduction component shall describe the following:

(1) strategies in reducing the volume of solid waste generated at source;

(2) measures for implementing such strategies and the resources necessary to carry out
such activities;

(3) other appropriate waste reduction technologies that may also be considered,
provided that such technologies conform with the standards set pursuant to this Act;

(4) the types of wastes to be reduced pursuant to Sec. 15 of this Act;

(5) the methods that the LGU will use to determine the categories of solid wastes to be
diverted from disposal at a disposal facility through re-use, recycling and composting; and

(6) new facilities and of expansion of existing facilities which will be needed to
implement re-use, recycling and composting.

The LGU source reduction component shall include the evaluation and identification of rate
structures and fees for the purpose of reducing the amount of waste generated, and other
source reduction strategies, including but not limited to, programs and economic incentives
provided under Sec. 45 of this Act to reduce the use of non-recyclable materials, replace
disposable materials and products with reusable materials and products, reduce packaging,
and increase the efficiency of the use of paper, cardboard, glass, metal, and other materials.
The waste reduction activities of the community shall also take into account, among others,
local capability, economic viability, technical requirements, social concerns, disposition of
residual waste and environmental impact: Provided, That, projection of future facilities
needed and estimated cost shall be incorporated in the plan.

(f) Recycling — The recycling component shall include a program and

implementation schedule which shows the methods by which the LGU shall, in combination
with the source reduction and composting components, reduce a sufficient amount of solid
waste disposed of in accordance with the diversion requirements set in Sec. 20.

The LGU recycling component shall describe the following:

(1) The types of materials to be recycled under the programs;

27
(2) The methods for determining the categories of solid wastes to be diverted from
disposal at a disposal facility through recycling; and

(3) New facilities and expansion of existing facilities needed to implement the
recycling component.

The LGU recycling component shall describe methods for developing the markets for
recycled materials, including, but not limited to, an evaluation of the feasibility of
procurement preferences for the purchase of recycled products. Each LGU may determine
and grant a price preference to encourage the purchase of recycled products.

The five-year strategy for collecting, processing, marketing and selling the designated
recyclable materials shall take into account persons engaged in the business of recycling or
persons otherwise providing recycling services before the effectivity of this Act. Such
strategy may be based upon the results of the waste composition analysis performed pursuant
to this Section or information obtained in the course of past collection of solid waste by the
local government unit, and may include recommendations with respect to increasing the
number of materials designated for recycling pursuant to this Act.

The LGU recycling component shall evaluate industrial, commercial, residential, agricultural,
governmental, and other curbside, mobile, drop-off, and buy-back recycling programs,
manual and automated materials recovery facilities, zoning, building code changes and rate
structures which encourage recycling of materials. The Solid Waste Management Plan shall
indicate the specific measures to be undertaken to meet the waste diversion specified under
Sec. 20 of this Act.

Recommended revisions to the building ordinances, requiring newly-constructed buildings

and buildings undergoing specified alterations to contain storage space, devices or
mechanisms that facilitate source separation and storage of designated recyclable materials to
enable the local government unit to efficiently collect, process, market and sell the designated
materials. Such recommendations shall include, but shall not be limited to separate chutes to
facilitate source separation in multi-family dwellings, storage areas that conform to fire and
safety code regulations, and specialized storage containers.

The Solid Waste Management Plan shall indicate the specific measures to be undertaken to
meet the recycling goals pursuant to the objectives of this Act.

(g) Composting — The composting component shall include a program and

implementation schedule which shows the methods by which the LGU shall, in combination
with the source reduction and recycling components, reduce a sufficient amount of solid
waste disposed of within its jurisdiction to comply with the diversion requirements of Sec. 20
hereof.

The LGU composting component shall describe the following:

(1) The types of materials which will be composted under the programs;

(2) The methods for determining the categories of solid wastes to be diverted from
disposal at a disposal facility through composting; and

28
(3) New facilities, and expansion of existing facilities needed to implement the
composting component.

The LGU composting component shall describe methods for developing the markets for
composted materials, including, but not limited to, an evaluation of the feasibility of
procurement preferences for the purchase of composted products. Each LGU may determine
and grant a price preference to encourage the purchase of composted products.

(h) Solid waste facility capacity and final disposal — The solid waste facility
component shall include, but shall not be limited to, a projection of the amount of disposal
capacity needed to accommodate the solid waste generated, reduced by the following:

(1) Implementation of source reduction, recycling, and composting programs required

in this Section or through implementation of other waste diversion activities pursuant to Sec.
20 of this Act;

(2) Any permitted disposal facility which will be available during the 10-year planning
period; and

(3) All disposal capacity which has been secured through an agreement with another
LGU, or through an agreement with a solid waste enterprise.

The plan shall identify existing and proposed disposal sites and waste management facilities
in the city or municipality or in other areas. The plan shall specify the strategies for the
efficient disposal of waste through existing disposal facilities and the identification of
prospective sites for future use. The selection and development of disposal sites shall be
made on the basis of internationally accepted standards and on the guidelines set in Secs. 41
and 42 of this Act.

Strategies shall be included to improve said existing sites to reduce adverse impact on health
and the environment, and to extend life span and capacity. The plan shall clearly define
projections for future disposal site requirements and the estimated cost for these efforts.

Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing
within the city or municipality, the plan shall make provisions for its closure or eventual
phase out within the period specified under the framework and pursuant to the provisions
under Sec. 37 of this Act. As an alternative, sanitary landfill sites shall be developed and
operated as a final disposal site for solid and, eventually, residual wastes of a municipality or
city or a cluster of municipalities and/or cities. Sanitary landfills shall be designed and
operated in accordance with the guidelines set under Secs. 40 and 41 of this Act.

(i) Education and public information — The education and public information
component shall describe how the LGU will educate and inform its citizens about the source
reduction, recycling, and composting programs.

The plan shall make provisions to ensure that information on waste collection services, solid
waste management and related health and environmental concerns are widely disseminated
among the public. This shall be undertaken through the print and broadcast media and other
government agencies in the municipality. The DECS and the Commission on Higher

29
Education shall ensure that waste management shall be incorporated in the curriculum of
primary, secondary and college students.

(j) Special waste — The special waste component shall include existing waste
handling and disposal practices for special wastes or household hazardous wastes, and the
identification of current and proposed programs to ensure the proper handling, re-use, and
long-term disposal of special wastes.

(k) Resource requirement and funding — The funding component includes

identification and description of project costs, revenues, and revenue sources the LGU will
use to implement all components of the LGU solid waste management plan.

The plan shall likewise indicate specific projects, activities, equipment and technological
requirements for which outside sourcing of funds or materials may be necessary to carry out
the specific components of the plan. It shall define the specific uses for its resource
requirements and indicate its costs. The plan shall likewise indicate how the province, city or
municipality intends to generate the funds for the acquisition of its resource requirements. It
shall also indicate if certain resource requirements are being or will be sourced from fees,
grants, donations, local funding and other means. This will serve as basis for the
determination and assessment of incentives which may be extended to the province, city or
municipality as provided for in Sec. 45 of this Act.

(l) Privatization of solid waste management projects — The plan shall likewise
indicate specific measures to promote the participation of the private sector in the
management of solid wastes, particularly in the generation and development of the essential
technologies for solid waste management. Specific projects or component activities of the
plan which may be offered as private sector investment activity shall be identified and
promoted as such. Appropriate incentives for private sector involvement in solid waste
management shall likewise be established and provided for in the plan, in consonance with
Sec. 45 hereof and other existing laws, policies and regulations; and

(m) Incentive programs — A program providing for incentives, cash or otherwise,

which shall encourage the participation of concerned sectors shall likewise be included in the
plan.

SECTION 37. Prohibition Against the Use of Open Dumps for Solid Waste. — No open dumps
shall be established and operated, nor any practice or disposal of solid waste by any person, including
LGUs, which constitutes the use of open dumps for solid waste, be allowed after the effectivity of this
Act: Provided, That within three (3) years after the effectivity of this Act, every LGU shall convert its
open dumps into controlled dumps, in accordance with the guidelines set in Sec. 41 of this Act:
Provided, further, That no controlled dumps shall be allowed five (5) years following the effectivity of
this Act.

Section 48 of R.A. No. 9003

SECTION 48. Prohibited Acts. — The following acts are prohibited:

(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;

30
(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;

(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;

(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;

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(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;

(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.

The additional penalty of imprisonment of a minimum period of one (1) year, but not to
exceed three (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 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.

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.

The fines herein prescribed shall be increased by at least ten percent (10%) every three (3)
years to compensate for inflation and to maintain the deterrent function of such fines.

32
Republic Act No. 9147 or the Wildlife Conservation and Protection
Act

Section 2, R.A. No. 9147

SECTION 2. Declaration of Policy. — It shall be the policy of the State to conserve the
country’s wildlife resources and their habitats for sustainability. In the pursuit of this policy,
this Act shall have the following objectives:

(a) to conserve and protect wildlife species and their habitats to promote ecological balance
and enhance biological diversity;

(b) to regulate the collection and trade of wildlife;

(c) to pursue, with due regard to the national interest, the Philippine commitment to
international conventions, protection of wildlife and their habitats; and

(d) to initiate or support scientific studies on the conservation of biological diversity.

Section 5[x], R.A. Mo. 9147

(x) “Wildlife” means wild forms and varieties of flora and fauna, in all developmental stages,
including those which are in captivity or are being bred or propagated;

Section 3, R.A. No. 9147

SECTION 3. Scope of Application. — The provisions of this Act shall be enforceable for all wildlife
species found in all areas of the country, including protected areas under Republic Act No. 7586,
otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical
habitats. This Act shall also apply to exotic species which are subject to trade, are cultured,
maintained and/or bred in captivity or propagated in the country.

Sections 5[h],[i] and [j], R.A. Mo. 9147

(h) “Endangered species” refers to species or subspecies that is not critically endangered but
whose survival in the wild is unlikely if the causal factors continue operating;

(i) “Endemic species” means species or subspecies which is naturally occurring and found
only within specific areas in the country;

33
(j) “Exotic species” means species or subspecies which do not naturally occur in the country;

Section 12, R.A. No. 9147

SECTION 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous

Wildlife. — The introduction, reintroduction or restocking of endemic and indigenous
wildlife shall be allowed only for population enhancement or recovery purposes subject to
prior clearance from the Secretary or the authorized representative pursuant to Section 6 of
this Act.

Any proposed introduction shall be subject to a scientific study which shall focus on the
bioecology. The proponent shall also conduct public consultations with concerned individuals
or entities.

Sections 5[p]and [o], R.A. Mo. 9147

(o) “Indigenous wildlife” means species or subspecies of wildlife naturally occurring or has
naturally established population in the country;

(p) “Introduction” means bringing species into the wild that is outside its natural habitat;

Section 24, R.A. No. 9147

SECTION 24. Conservation Breeding or Propagation of Threatened Species. —

Conservation breeding or propagation of threatened species shall be encouraged in order to
enhance its population in its natural habitat. It shall be done simultaneously with the
rehabilitation and/or protection of the habitat where the captive-bred or propagated species
shall be released, reintroduced or restocked.

Commercial breeding or propagation of threatened species may be allowed provided that the
following minimum requirements are met by the applicant, to wit:

(a) Proven effective breeding and captive management techniques of the species; and

(b) Commitment to undertake commercial breeding in accordance with Section 17 of this

Act, simultaneous with conservation breeding.

The Secretary shall prepare a list of threatened species for commercial breeding and shall
regularly revise or update such list or as the need arises.

34
SECTION 27. Illegal Acts. — Unless otherwise allowed in accordance with this Act, it shall
be unlawful for any person to willfully and knowingly exploit wildlife resources and their
habitats, or undertake the following acts:

(a) killing and destroying wildlife species, except in the following instances;

(i) when it is done as part of the religious rituals of established tribal groups or indigenous
cultural communities;

(ii) when the wildlife is afflicted with an incurable communicable disease;

(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;

(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and

(v) when the wildlife is killed or destroyed after it has been used in authorized research or
experiments.

(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):

(i) dumping of waste products detrimental to wildlife;

(ii) squatting or otherwise occupying any portion of the critical habitat;

(iii) mineral exploration and/or extraction;

(iv) burning;

(v) logging; and

(vi) quarrying

(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

35
(i) transporting of wildlife.

Section 5[s], R.A. Mo. 9147

(s) “Threatened species” a general term to denote species or subspecies considered as

critically endangered, endangered, vulnerable or other accepted categories of wildlife whose
population is at risk of extinction;

Republic Act No. 9175 or the Chainsaw Act of 2002

Section 2, R.A. No. 9175

SEC. 2. Declaration of Policy. — It is the policy of the State, consistent with the
Constitution, to conserve, develop and protect the forest resources under sustainable
management. Toward this end, the State shall pursue an aggressive forest protection program
geared towards eliminating illegal logging and other forms of forest destruction which are
being facilitated with the use of chain saws. The State shall therefore regulate the ownership,
possession, sale, transfer, importation and/or use of chain saws to prevent them from being
used in illegal logging or unauthorized clearing of forests.

Section 3[a], R.A. No. 9175

“Chain saw” shall refer to any portable power saw or similar cutting implement, rendered
operative by an electric or internal combustion engine or similar means, that may be used for,
but is not limited to, the felling of trees or the cutting of timber;

Section 5, R.A. No. 9175

SEC. 5. Persons Authorized to Possess and Use a Chain Saw. — The Department is hereby
authorized to issue permits to possess and/or use a chain saw for the felling and/or cutting of
trees, timber and other forest or agro-forest products to any applicant who:

(a) has a subsisting timber license agreement, production sharing agreement, or similar
agreements, or a private land timber permit;

(b) is an orchard and fruit tree farmer;

(c) is an industrial tree farmer;

(d) is a licensed wood processor and the chain saw shall be used for the cutting of timber that
has been legally sold to said applicant; or

(e) shall use the chain saw for a legal purpose.

Agencies of the government that use chain saws in some aspects of their functions must
likewise secure the necessary permit from the Department before operating the same.

36
SEC. 6. Registration of Chain Saws. — Within a period of three (3) months from the
effectivity hereof, all persons who own or are otherwise in possession of chain saws must
register the same with the Department, through any of its Community Environment and
Natural Resources Office, which shall issue the corresponding registration certificate or
permit if it finds such persons to be qualified hereunder.

Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two
(2) years upon issuance: Provided, That permits to possess and use chainsaw issued to non-
commercial orchard and fruit tree farmers shall be valid for a period of five (5) years upon
issuance. For this purpose, the Department shall be allowed to collect reasonable registration
fees for the effective implementation of this Act.

SEC. 7. Penal Provisions. —

(1) Selling, Purchasing, Re-selling Transferring, Distributing or Possessing a Chain Saw

Without a Proper Permit. — Any person who sells, purchases, transfers the ownership,
distributes, or otherwise disposes or possesses a chain saw without first securing the
necessary permit from the Department shall be punished with imprisonment of four (4) years,
two (2) months and one (1) day to six (6) years or a fine of not less than Fifteen thousand
pesos (P15,000.00) but not more than Thirty thousand pesos (P30,000.00) or both at the
discretion of the court, and the chain saw/s confiscated in favor of the government.

(2) Unlawful Importation or Manufacturing of Chain Saw. — Any person who imports or
manufactures a chain saw without obtaining prior authorization from the Department shall be
punished by imprisonment of not less than one (1) month nor more than six (6) months and a
fine of not less than One thousand pesos (P1,000.00) nor more than Four thousand pesos
(P4,000.00).

(3) Tampering of Engine Serial Number. — Any person who is found to have defaced or
tampered with the original registered engine serial number of any chain saw unit shall be
punished by imprisonment of not less than one (1) month nor more than six (6) months and a
fine of not less than One thousand pesos (P1,000.00) nor more than Four thousand pesos
(P4,000.00).

(4) Actual Unlawful Use of Chain Saw. — Any person who is found to be in possession of a
chain saw and uses the same to cut trees and timber in forest land or elsewhere except as
authorized by the Department shall be penalized with imprisonment of six (6) years and one
(1) day to eight (8) years or a fine of not less than Thirty thousand pesos (P30,000.00) but not
more than Fifty thousand pesos (P50,000.00) or both at the discretion of the court without
prejudice to being prosecuted for a separate offense that may have been simultaneously
committed. The chain saw unlawfully used shall be likewise confiscated in favor of the
government.

If the violation under this Section is committed by or through the command or order of
another person, partnership or corporation, the penalties herein provided shall likewise be
imposed on such other person, or the responsible officer(s) in such partnership or corporation.

If the offender is a public official or employee, in addition to the above penalties, he shall be
removed from office and perpetually disqualified from holding any public office.

37
The chain saws confiscated under this Section shall be sold at public auction to qualified
buyers and the proceeds thereof shall go to the Department.

Republic Act No. 9275 or the Clean Water Act

Section 5, R.A. No. 9275

SEC. 5. Water Quality Management Area. — The Department, in coordination with National
Water Resources Board (NWRB), shall designate certain areas as water quality management
areas using appropriate physiographic units such as watershed, river basins or water resources
regions. Said management areas shall have similar hydrological, hydrogeological,
meteorological or geographic conditions which affect the physicochemical, biological and

38
bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share
common interest or face similar development programs, prospects, or problems.

Said management area shall be governed by a governing board composed of representatives

of mayors and governors of member local government units (LGUs), and representatives of
relevant national government agencies, duly registered nongovernmental organization, water
utility sector, and business sector. The Department representative shall chair the governing
board. In the case of the LGUs with memberships on more than one (1) management board,
the LGU shall designate only one (1) single representative for all the management areas
where it is a member.

The governing board shall formulate strategies to coordinate policies necessary for the
effective implementation of this Act in accordance with those established in the framework
and monitor the compliance with the action plan.

Each management area shall create a multi-sectoral group to establish and effect water
quality surveillance and monitoring network including sampling schedules and other similar
activities. The group shall submit its report and recommendation to the chairman of the
governing board.

A technical secretariat for each management area is hereby created which shall be part of the
Department and shall provide technical support to the governing board. They shall be
composed of at least four (4) members who shall have the following minimum qualifications:

a) One (1) member shall be a member of the Philippine Bar;

b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer,

Environmental Engineer or Ecologist or have significant training and experience in
chemistry;

c) One (1) member shall be a Civil Engineer or Hydrologist or have significant training and
experience in closely related fields and mainly experience on ground water, respectively; and

d) One (1) member shall be a Geologist or Biologist or have significant training and
experience in closely related fields.

The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall
be designated as one management area under the administration of LLDA in accordance with
Republic Act No. 4850, as amended: Provided, however, That the standards promulgated
pursuant to this Act and wastewater charge system established pursuant hereof shall be
enforced in said area.

Section 7, R.A. No. 9275

SEC. 7. National Sewerage and Septage Management Program. — The Department of

Public Works and Highways (DPWH), through its relevant attached agencies, in coordination
with the Department, LGUs and other concerned agencies, shall, as soon as possible, but in
no case exceeding a period of twelve (12) months from the effectivity of this Act, prepare a
national program on sewerage and septage management in connection with Section 8 hereof.

39
Such program shall include a priority listing of sewerage, septage and combined sewerage-
septage projects for LGUs based on population density and growth, degradation of water
resources, topography, geology, vegetation, programs/projects for the rehabilitation of
existing facilities and such other factors that the Secretary may deem relevant to the
protection of water quality. On the basis of such national listing, the national government
may allot, on an annual basis, funds for the construction and rehabilitation of required
facilities.

Each LGU shall appropriate the necessary land, including the required rights-of-way/road
access to the land for the construction of the sewage and/or septage treatment facilities.

Each LGU may raise funds to subsidize necessary expenses for the operation and
maintenance of sewerage treatment or septage facility servicing their area of jurisdiction
through local property taxes and enforcement of a service fee system.

Section 13, R.A. No. 9275

SEC. 13. Wastewater Charge System. — The Department shall implement a wastewater
charge system in all management areas including the Laguna Lake Region and Regional
Industrial Centers through the collection of wastewater charges/fees. The system shall be
established on the basis of payment to the government for discharging wastewater into the
water bodies. Wastewater charges shall be established taking into consideration the
following:

(a) To provide strong economic inducement for polluters to modify their production or
management processes or to invest in pollution control technology in order to reduce the
amount of water pollutants generated;

(b) To cover the cost of administering water quality management or improvement programs;

(c) Reflect damages caused by water pollution on the surrounding environment, including the
cost of rehabilitation;

(d) Type of pollutant;

(e) Classification of the receiving water body; and

(f) Other special attributes of the water body.

The fee shall be based on the net waste load depending on the wastewater charge formula
which shall be established with due public consultation within six (6) months from the
effectivity of this Act: Provided, That net waste load shall refer to the difference of the initial
waste load of the abstracted water and the waste load of the final effluent discharge of an
industry: Provided, further, That no net waste load shall be lower than the initial waste
load: Provided, finally, That wastewater charge system shall not apply to wastewater from
geothermal exploration.

Industries whose water effluent are within standards promulgated pursuant to this Act, shall
only be charged with minimal reasonable amount which shall be determined by the

40
Department after due public consultation, giving account to volumetric rate of discharge and
the effluent concentration.

SEC. 14. Discharge Permits. — The Department shall require owners or operators of
facilities that discharge regulated effluents pursuant to this Act to secure a permit to
discharge. The discharge permit shall be the legal authorization granted by the Department to
discharge wastewater: Provided, That the discharge permit shall specify among others, the
quantity and quality of effluent that said facilities are allowed to discharge into a particular
water body, compliance schedule and monitoring requirement.

As part of the permitting procedure, the Department shall encourage the adoption of waste
minimization and waste treatment technologies when such technologies are deemed cost
effective. The Department shall also develop procedures to relate the current water quality
guideline or the projected water quality guideline of the receiving water body/ies with total
pollution loadings from various sources, so that effluent quotas can be properly allocated in
the discharge permits. For industries without any discharge permit, they may be given a
period of twelve (12) months after the effectivity of the implementing rules and regulations
promulgated pursuant to this Act, to secure a discharge permit.

Effluent trading may be allowed per management area.

Section 16, R.A. No. 9275

SEC. 16. Clean-Up Operations. — Notwithstanding the provisions of Sections 15 and 26 hereof, any
person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing
standards shall be responsible to contain, remove and clean-up any pollution incident at his own
expense to the extent that the same water bodies have been rendered unfit for utilization and
beneficial use: Provided, That in the event emergency clean-up operations are necessary and the
polluter fails to immediately undertake the same, the Department, in coordination with other
government agencies concerned, shall conduct containment, removal and clean-up operations.
Expenses incurred in said operations shall be reimbursed by the persons found to have caused such
pollution upon proper administrative determination in accordance with this Act. Reimbursements of
the cost incurred shall be made to the Water Quality Management Fund or to such other funds where
said disbursements were sourced.

Section 27, R.A. No. 9275

SEC. 27. Prohibited Acts. — The following acts are hereby prohibited:

a) Discharging, depositing or causing to be deposited material of any kind directly or

indirectly into the water 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
41
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;

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;

g) Operate facilities that discharge or allow to seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under Republic Act No. 6969, into water
bodies or wherein the same shall be liable to be washed into such surface, ground, coastal,
and marine water;

h) Undertaking activities or development and expansion of projects, or operating

wastewater/sewerage facilities in violation of Presidential Decree No. 1586 and its
implementing rules and regulations;

i) Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act or after the permit was revoked or any violation of any condition therein;

j) Noncompliance of the LGU with the Water Quality Framework and Management Area
Action Plan. In such a case, sanctions shall be imposed on the local government officials
concerned;

k) Refusal to allow entry, inspection and monitoring by the Department in accordance with
this Act;

l) Refusal to allow access by the Department to relevant reports and records in accordance
with this Act;

m) Refusal or failure to submit reports whenever required by the Department in accordance

with this Act;

n) Refusal or failure to designate pollution control officers whenever required by the

Department in accordance with this Act; and

o) Directly using booster pumps in the distribution system or tampering with the water supply
in such a way as to alter or impair the water quality.

42
Republic Act No. 9729 or the Climate Change Act of 2009

Section 3(d), R.A. No. 9729

(d) “Climate Change” refers to a change in climate that can be identified by changes in the
mean and/or variability of its properties and that persists for an extended period typically
decades or longer, whether due to natural variability or as a result of human activity. ICacDE

SECTION 4. Creation of the Climate Change Commission.—There is hereby established a

Climate Change Commission, hereinafter referred to as the Commission.

The Commission shall be an independent and autonomous body and shall have the same
status as that of a national government agency. It shall be attached to the Office of the
President.

The Commission shall be the sole policy-making body of the government which shall be
tasked to coordinate, monitor and evaluate the programs and action plans of the government
relating to climate change pursuant to the provisions of this Act.

The Commission shall be organized within sixty (60) days from the effectivity of this Act.

SECTION 5. Composition of the Commission.—The Commission shall be composed of the

President of the Republic of the Philippines who shall serve as the Chairperson, and three (3)
Commissioners to be appointed by the President, one of whom shall serve as the Vice
Chairperson of the Commission.

The Commission shall have an advisory board composed of the following:

43
(a) Secretary of the Department of Agriculture;

(b) Secretary of the Department of Energy;

(c) Secretary of the Department of Environment and Natural Resources;

(d) Secretary of the Department of Education;

(e) Secretary of the Department of Foreign Affairs;

(f) Secretary of the Department of Health;

(g) Secretary of the Department of the Interior and Local Government;

(h) Secretary of the Department of National Defense, in his capacity as Chair of the National
Disaster Coordinating Council;

(i) Secretary of the Department of Public Works and Highways;

(j) Secretary of the Department of Science and Technology;

(k) Secretary of the Department of Social Welfare and Development;

(l) Secretary of the Department of Trade and Industry;

(m) Secretary of the Department of Transportation and Communications;

(n) Director-General of the National Economic and Development Authority, in his capacity
as Chair of the Philippine Council for Sustainable Development;

(o) Director-General of the National Security Council;

(p) Chairperson of the National Commission on the Role of Filipino Women;

(q) President of the League of Provinces;

(r) President of the League of Cities;

(s) President of the League of Municipalities;

(t) President of the Liga ng mga Barangay;

(u) Representative from the academe;

(v) Representative from the business sector; and

(w) Representative from nongovernmental organizations.

At least one (1) of the sectoral representatives shall come from the disaster risk reduction
community.

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The representatives shall be appointed by the President from a list of nominees submitted by
their respective groups. They shall serve for a term of six (6) years without reappointment
unless their representation is withdrawn by the sector they represent. Appointment to any
vacancy shall be only for the unexpired term of the predecessor.

Only the ex officio members of the advisory board shall appoint a qualified representative
who shall hold a rank of no less than an Undersecretary.

SECTION 7. Qualifications, Tenure, Compensation of Commissioners.—The

Commissioners must be Filipino citizens, residents of the Philippines, at least thirty (30)
years of age at the time of appointment, with at least ten (10) years of experience on climate
change and of proven honesty and integrity. The Commissioners shall be experts in climate
change by virtue of their educational background, training and experience: Provided, That at
least one (1) Commissioner shall be female: Provided, further, That in no case shall the
Commissioners come from the same sector: Provided, finally, That in no case shall any of the
Commissioners appoint representatives to act on their behalf.

SECTION 11. Framework Strategy and Program on Climate Change.—The Commission

shall, within six (6) months from the effectivity of this Act, formulate a Framework Strategy
on Climate Change. The Framework shall serve as the basis for a program for climate change
planning, research and development, extension, and monitoring of activities to protect
vulnerable communities from the adverse effects of climate change.

The Framework shall be formulated based on climate change vulnerabilities, specific

adaptation needs, and mitigation potential, and in accordance with the international
agreements.

The Framework shall be reviewed every three (3) years, or as may be deemed necessary.

SECTION 12. Components of the Framework Strategy and Program on Climate Change.—
The Framework shall include, but not limited to, the following components:

(a) National priorities;

(b) Impact, vulnerability and adaptation assessments;

(c) Policy formulation;

(d) Compliance with international commitments;

(e) Research and development;

(f) Database development and management;

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(g) Academic programs, capability building and mainstreaming;

(h) Advocacy and information dissemination;

(i) Monitoring and evaluation; and

(j) Gender mainstreaming.

SECTION 18. Funding Allocation for Climate Change.—All relevant government agencies
and LGUs shall allocate from their annual appropriations adequate funds for the formulation,
development and implementation, including training, capacity building and direct
intervention, of their respective climate change programs and plans. It shall also include
public awareness campaigns on the effects of climate change and energy-saving solutions to
mitigate these effects, and initiatives, through educational and training programs and micro-
credit schemes, especially for women in rural areas. In subsequent budget proposals, the
concerned offices and units shall appropriate funds for program/project development and
implementation including continuing training and education in climate change. HISAET

SECTION 20. Annual Report.—The Commission shall submit to the President and to both
Houses of Congress, not later than March 30 of every year following the effectivity of this
Act, or upon the request of the Congressional Oversight Committee, a report giving a detailed
account of the status of the implementation of this Act, a progress report on the
implementation of the National Climate Change Action Plan and recommend legislation,
where applicable and necessary. LGUs shall submit annual progress reports on the
implementation of their respective local action plan to the Commission within the first
quarter of the following year.

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National Disaster Risk Reduction and Management Council
(NDRRMC)

Section 5, R.A. No. 10121

Section 5. National Disaster Risk Reduction and Management Council. – The present
National Disaster Coordinating Council or NDCC shall henceforth be known as the National
Disaster Risk Reduction and Management Council, hereinafter referred to as the NDRRMC
or the National Council.

The National Council shall be headed by the Secretary of the Department of National
Defense (DND) as Chairperson with the Secretary of the Department of the Interior and
Local Government (DILG) as Vice Chairperson for Disaster Preparedness, the Secretary of
the Department of Social

Welfare and Development (DSWD) as Vice Chairperson for Disaster Response, the Secretary
of the Department of Science and Technology (DOST) as Vice Chairperson for Disaster
Prevention and Mitigation, and the Director-General of the National Economic and
Development Authority (NEDA) as Vice Chairperson for Disaster Rehabilitation and
Recovery.

Section 6. Powers and Functions of the NDRRMC. – The National Council, being
empowered with policy-making, coordination, integration, supervision, monitoring and
evaluation functions, shall have the following responsibilities:

(a) Develop a NDRRMF which shall provide for a comprehensive, all-hazards, multi-
sectoral, inter-agency and community-based approach to disaster risk reduction and
management. The Framework shall serve as the principal guide to disaster risk reduction and
management efforts in the country and shall be reviewed on a five(5)-year interval, or as may
be deemed necessary, in order to ensure its relevance to the times;

(b) Ensure that the NDRRMP is consistent with the NDRRMF;

(c) Advise the President on the status of disaster preparedness, prevention, mitigation,
response and rehabilitation operations being undertaken by the government, CSOs, private
sector, and volunteers; recommend to the President the declaration of a state of calamity in
areas extensively damaged; and submit proposals to restore normalcy in the affected areas, to
include calamity fund allocation;

(d) Ensure a multi-stakeholder participation in the development, updating, and sharing of a

Disaster Risk Reduction and Management Information System and Geographic Information
System-based national risk map as policy, planning and decision-making tools;

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(e) Establish a national early warning and emergency alert system to provide accurate and
timely advice to national or local emergency response organizations and to the general public
through diverse mass media to include digital and analog broadcast, cable, satellite television
and radio, wireless communications, and landline communications;

(f) Develop appropriate risk transfer mechanisms that shall guarantee social and economic
protection and increase resiliency in the face of disaster;

(g) Monitor the development and enforcement by agencies and organizations of the various
laws, guidelines, codes or technical standards required by this Act;

(h) Manage and mobilize resources for disaster risk reduction and management including the
National Disaster Risk Reduction and Management Fund;

(i) Monitor and provide the necessary guidelines and procedures. on the Local Disaster Risk
Reduction and Management Fund (LDRRMF) releases as well as utilization, accounting and
auditing thereof;

(j) Develop assessment tools on the existing and potential hazards and risks brought about by
climate change to vulnerable areas and ecosystems in coordination with the Climate Change
Commission;

(k) Develop vertical and horizontal coordination mechanisms for a more coherent
implementation of disaster risk reduction and management policies and programs by sectoral
agencies and LGUs;

(l) Formulate a national institutional capability building program for disaster risk reduction
and management to address the specific’ weaknesses of various government agencies and
LGUs, based on the results of a biennial baseline assessment and studies;

(m) Formulate, harmonize, and translate into policies a national agenda for research and
technology development on disaster risk reduction and management;

(n) In coordination with the Climate Change Commission, formulate and implement a
framework for climate change adaptation and disaster risk reduction and management from
which all policies, programs, and projects shall be based;

(o) Constitute a technical management group composed of representatives of the

abovementioned departments, offices, and organizations, that shall coordinate and meet as
often as necessary to effectively manage and sustain national efforts on disaster risk reduction
and management;

(p) Task the OCD to conduct periodic assessment and performance monitoring of the
member-agencies of the NDRRMC, and the Regional Disaster Risk Reduction and
Management Councils (RDRRMCs), as defined in the NDRRMP; and

(q) Coordinate or oversee the Implementation of the country’s obligations with disaster
management treaties to which it IS a party and see to It that the country’s disaster
management treaty obligations be incorporated in its disaster risk reduction and management
frameworks, policies, plans, programs and projects.

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Section 11. Organization at the Local Government Level. – The existing Provincial, City, and
Municipal Disaster Coordinating Councils shall henceforth be known as the Provincial, City,
and Municipal Disaster Risk Reduction and Management Councils. The Barangay Disaster
Coordinating Councils shall cease to exist and its powers and functions shall henceforth be
assumed by the existing Barangay Development Councils (BDCs) which shall serve as the
LDRRMCs in every barangay.

(a) Composition: The LDRRMC shall be composed of, but not limited to, the following:

(1) The Local Chief Executives, Chairperson;

(2) The Local Planning and Development Officer, member;

(3) The Head of the LDRRMO, member;

(4) The Head of the Local Social Welfare and Development Office, member;

(5) The Head of the Local Health Office, member;

(6) The Head of the Local Agriculture Office, member;

(7) The Head of the Gender and Development Office, member;

(8) The Head of the Local Engineering Office, member;

(9) The Head of the Local Veterinary Office, member;

(10) The Head of the Local Budget Office, member;

(11) The Division Head/Superintendent of Schools of the DepED, member;

(12) The highest-ranking officer of the Armed Forces of the Philippines (AFP) assigned in
the area, member;

(13) The Provincial Director/City/Municipal Chief of the Philippine National Police (PNP),
member;

(14) The Provincial Director/City/ Municipal Fire Marshall of the Bureau of Fire Protection
(BFP), member;

(15) The President of the Association of Barangay Captains (ABC), member;

(16) The Philippine National Red Cross (PNRC), member;

(17) Four (4) accredited CSOs, members; and

(18) One (1) private sector representative, member.

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(b) The LDRRMCs shall have the following functions:

(1) Approve, monitor and evaluate the implementation of the LDRRMPs and regularly
review and test the plan consistent with other national and local planning programs;

(2) Ensure the integration of disaster risk reduction and climate change adaptation into local
development plans, programs and budgets as a strategy in sustainable development and
poverty reduction;

(3) Recommend the implementation of forced or preemptive evacuation of local residents, if

necessary; and

(4) Convene the local council once every three (3) months or as necessary.

Section 12. Local Disaster Risk Reduction and Management Office (LDRRMO). – (a) There
shall be established an LDRRMO in every province, city and municipality, and a Barangay
Disaster Risk Reduction and Management Committee (BDRRMC) in every · barangay which
shall be responsible for setting the direction, development, implementation and coordination
of disaster risk management programs within their territorial jurisdiction.

(b) The LDRRMO shall be under the office of the governor, city or municipal mayor, and the
punong barangay in case of the BDRRMC. The LDRRMOs shall be initially organized and
composed of a DRRMO to be assisted by three (3) staff responsible for: (1) administration
and training; (2) research and planning; and (3) operations and warning. The LDRRMOs and
the BDRRMCs shall organize, train and directly supervise the local emergency response
teams and the ACDVs.

(c) The provincial, city and municipal DRRMOs or BDRRMCs shall perform the following
functions with impartiality given the emerging challenges brought by disasters of our times:

(1) Design, program, and coordinate disaster risk reduction and management activities
consistent with the National Council’s standards and guidelines;

(2) Facilitate and support risk assessments and contingency planning activities at the local
level;

(3) Consolidate local disaster risk information which includes natural hazards, vulnerabilities,
and climate change risks, and maintain a local risk map;

(4) Organize and conduct training, orientation, and knowledge management activities on
disaster risk reduction and management at the local level;

(5) Operate a multi-hazard early warning system, linked to disaster risk reduction to provide
accurate and timely advice to national or local emergency response organizations and to the
general public, through diverse mass media, particularly radio, landline communications, and
technologies for communication within rural communities;

(6) Formulate and implement a comprehensive and – integrated LDRRMP in accordance with
the national, regional and provincial framework, and policies on disaster risk reduction in
close coordination with the local development councils (LDCs);

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(7) Prepare and submit to the local sanggunian through the LDRRMC and the LDC the
annual LDRRMO Plan and budget, the proposed programming of the LDRRMF, other
dedicated disaster risk reduction and management resources, and other regular funding
source/s and budgetary support of the LDRRMO/BDRRMC;

(8) Conduct continuous disaster monitoring and mobilize instrumentalities and entities of the
LGUs, CSOs, private groups and organized volunteers, to utilize their facilities and resources
for the protection and preservation of life and properties during emergencies in accordance
with existing policies and procedures;

(9) Identify, assess and manage the hazards vulnerabilities and risks that may occur in their
locality;

(10) Disseminate information and raise public awareness about those hazards. vulnerabilities
and risks, their nature, effects, early warning signs and counter-measures;

(11) Identify and implement cost-effective risk reduction measures/strategies;

(12) Maintain a database of human resource, equipment, directories, and location of critical
infrastructures and their capacities such as hospitals and evacuation centers;

(13) Develop, strengthen and operationalize mechanisms for partnership or networking with
the private sector, CSOs, and volunteer groups;

(14) Take all necessary steps on a continuing basis to maintain, provide, or arrange the
provision of, or to otherwise make available, suitably-trained and competent personnel for
effective civil defense and disaster risk reduction and management in its area;

(15) Organize, train, equip and supervise the local emergency response teams and the ACDV
s, ensuring that humanitarian aid workers are equipped with basic skills to assist mothers to
breastfeed;

(16) Respond to and manage the adverse effects of emergencies and carry out recovery
activities in the affected area, ensuring that there is an efficient mechanism for immediate
delivery of food, shelter and medical supplies for women and children, endeavor to create a
special place where internally-displaced mothers can find help with breastfeeding, feed and
care for their babies and give support to each other;

(17) Within its area, promote and raise public awareness of and compliance with this Act and
legislative provisions relevant to the purpose of this Act;

(18) Serve as the secretariat and executive arm of the LDRRMC;

(19) Coordinate other disaster risk reduction and management activities;

(20) Establish linkage/network with other LGUs for disaster risk reduction and emergency
response purposes;

(21) Recommend through the LDRRMC the enactment of local ordinances consistent with
the requirements of this Act;

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(22) Implement policies, approved plans and programs of the LDRRMC consistent with the
policies and guidelines laid down in this Act;

(23) Establish a Provincial/City/Municipal/Barangay Disaster Risk Reduction and

Management Operations Center;

(24) Prepare and submit, through the LDRRMC and the LDC, the report on the utilization of
the LDRRMF and other dedicated disaster risk reduction and management resources to the
local Commission on Audit (COA), copy furnished the regional director of the OCD and the
Local Government Operations Officer of the DILG; and

(25) Act on other matters that may be authorized by the LDRRMC.

(d) The BDRRMC shall be a regular committee of the existing BDC and shall be subject
thereto. The punong barangay shall facilitate and ensure the participation of at least two (2)
CSO representatives from existing and active community-based people’s organizations
representing the most vulnerable and marginalized groups in the barangay.

Section 16. Declaration of State of Calamity. – The National Council shall recommend to the
President of the Philippines the declaration of a cluster of barangays, municipalities, cities,
provinces, and regions under a state of calamity, and the lifting thereof, based on the criteria
set by the National Council. The President’s declaration may warrant international
humanitarian assistance as deemed necessary.

The declaration and lifting of the state of calamity may also be issued by the local
sanggunian, upon the recommendation of the LDRRMC, based on the results of the damage
assessment and needs analysis.

Section 17. Remedial Measures. – The declaration of a state of calamity shall make
mandatory the Immediate undertaking of the following remedial measures by the member-
agencies concerned as defined in this Act:

(a) Imposition of price ceiling on basic necessities and prime commodities by the President
upon the recommendation of the implementing agency as provided for under Republic Act
No. 7581, otherwise known as the “Price Act”, or the National Price Coordinating Council;

(b) Monitoring, prevention and control by the Local Price Coordination Council of
overpricing/profiteering and hoarding of prime commodities, medicines and petroleum
products;

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(c) Programming/reprogramming of funds for the repair and safety upgrading of public
infrastructures and facilities; and

(d) Granting of no-interest loans by government financing or lending institutions to the most
affected section of the population through their cooperatives or people’s organizations.

Section 10. Disaster Risk Reduction and Management Organization at the Regional Level. –
The current Regional Disaster Coordinating Councils shall henceforth be known as the
Regional Disaster Risk Reduction and Management Councils (RDRRMCs) which shall
coordinate, integrate, supervise, and evaluate the activities of the LDRRMCs. The RDRRMC
shall be responsible in ensuring disaster sensitive regional development plans, and in case of
emergencies shall convene the different regional line agencies and concerned institutions and
authorities.

The RDRRMCs shall establish an operating facility to be known as the Regional Disaster
Risk Reduction and Management Operations Center (RDRRMOC) whenever necessary.

The civil defense officers of the OCD who are or may be designated as Regional Directors of
the OCD shall serve as chairpersons of the RDRRMCs. Its Vice Chairpersons shall be the
Regional Directors of the DSWD, the DILG, the DOST, and the NEDA. In the case of the
Autonomous Region in Muslim Mindanao (ARMM), the Regional Governor shall be the
RDRRMC Chairperson. The existing regional offices of the OCD shall serve as secretariat of
the RDRRMCs. The RDRRMCs shall be composed of the executives of regional offices and
field stations at the regional level of the government agencies.

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