PERTINENT Art. I.

National Territory
CONSTITUTIONAL The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
PROVISIONS aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.

Art. II. Declaration of Principles and State Policies

§ 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.
§ 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Art. XII. National Economy and Patrimony

§ 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly
undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least 60% of whose capital is owned by such citizens. Such agreements
may be for a period not exceeding 25 years, renewable for not more than 25 years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other
than the development of water power, beneficial use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according
to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and
technical resources.
The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.
§ 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses which they may be devoted.
Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding 25 years, renewable for not
more than 25 years, and not to exceed 1000 hectares in area. Citizens of the Philippines may lease not more than 500 hectares, or acquire not more than 12 hectares thereof by purchase, homestead, or grant.
§ 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.
§ 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least 60% of whose capital is owned by
such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by
Filipinos.
In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.
ENVIRONMENTAL Philippine Clean Air Act Philippine Clean Water Philippine Fisheries Revised Forestry Code of Philippine Mining Act of Ecological Solid Waste National Integrated Indigenous Peoples
LAWS of 1999 Act of 2004 Code of 1998 the Philippines 1995 Management Act of 2000 Protected Areas System Rights Act of 1997
Act of 1992
ISSUANCE NO. R.A. No. 8749 R.A. No. 9275 R.A. No. 8550 (as amended P.D. No. 705 R.A. No. 7942 R.A. No. 9003 R.A. No. 7586 R.A. No. 8371
by R.A. No. 10654)
ENACTMENT 23 June 1999 22 March 2004 25 February 1998 19 May 1975 3 March 1995 26 January 2001 1 June 1992 29 October 1997
DECLARATION OF (§ 2) (§ 2) (§ 2) Introduction (§ 2) (§ 2) (§ 2) (§ 2)
POLICIES (a) Right to a balanced and (a) Streamline processes (a) Food security (a) Need for proper (a) State ownership (a) Protection of the public (a) Perpetual existence of (a) Rights of ICCs/IPs
healthful ecology and procedures in the (b) Filipino first policy classification, management (b) Rational exploration, health and environment all native plants and within the framework of
(b) Sustainable prevention, control and (c) Sustainable and utilization to development, utilization (b) Environmentally- animals national unity and
development abatement of water development maximize productivity and conservation sound methods that (b) Common ecological development
(c) Area-based cleaning pollution (d) Rights of fisherfolk (b) Need to reassess the (c) Balance national maximize utilization values that may be (b) Rights of ICCs/IPs to
responsibility (b) Protection of water (e) Support to the fishery multiple uses of forest growth and the encourage resource incorporated into a holistic their ancestral domains
(d) Polluters must pay" resources sector lands and resources to environment and rights of conservation and recovery plan representative of our (c) Rights of ICCs/IPs to
(e) A clean and healthy (c) Holistic national (f) Manage fishery and optimize benefits affected communities (c) Guidelines and targets natural heritage preserve and develop their
environment is the program of water quality aquatic resources in a (c) Sustainable for solid waste avoidance (c) National Integrated cultures, traditions and
concern of all management manner consistent with development and volume reduction Protected Areas System institutions
(d) Integrated water the concept of an (d) Present laws and (d) Proper segregation, (NIPAS) (d) Equal protection/non-
(§ 3) quality management integrated coastal area regulations are not collection, transport, discrimination as to sex
(a) Holistic national framework management responsive enough storage, treatment and within the ICCs/IPs
program of air pollution (e) Environment-friendly (g) Grant privilege to disposal of solid waste e) Equal protectio
management commercial and industrial utilize fishery resources (§ 2) (e) National research and f) ICC/IP participation in
(b) Cooperation and self- processes and products under the basic concept (a) Multiple uses of forest development programs for the direction of education,
regulation among citizens (f) Cooperation and self- that the grantee, licensee lands oriented to the improved solid waste health, as well as other
and industries regulation among citizens or permittee thereof shall development and progress management and resource services of ICCs/IPs
1 | T R A X notes
 (c) Pollution prevention
rather than on control
(d) Public information and
education
(e) System of
accountability for short
and long-term adverse
environmental impact
(f) Air Quality
Management Fund
(mechanism for clean-up
and environmental
rehabilitation and
compensation for personal
damages)
INSTITUTIONAL DENR (§§ 34-37)
MECHANISMS • Powers & Functions
(a) Primary government
agency responsible for the
implementation and
enforcement of this Act
(b) Linkage mechanism
(c) Technical assistance to
LGUs
Environment and Natural
Resources Office (ENRO)
(§ 37)
• Powers & Functions
(a) Comprehensive air
quality management
programs, plans and
strategies
(b) Technical assistance
and support to the
governor or mayor
(c) Lead in all efforts
concerning air quality
protection and
rehabilitation
(d) Recommend to the
Board air quality
standards
(e) Coordination
(f) Others
LGUs (§ 36)
and industries
(g) Comprehensive
management program for
water pollution focusing
on pollution prevention;
(h) Public information and
education
(i) System of
accountability for short
and long-term adverse
environmental impact
(j) Encourage civil society
and other sector to
organize, educate and
motivate the people in
addressing environmental
issues
DENR (§ 19)
• Primary government
agency responsible for the
implementation and
enforcement of Clean
Water Act unless
otherwise provided herein
• Powers & Functions:
(a) National Water Quality
Status Report
(b) Integrated Water
Quality Management
Framework
(c) 10-year Water Quality
Management Area Action
Plan
(d) National Groundwater
Vulnerability Map
(e) Water Quality
Guidelines
(f) Effluent Standards
(g) Internationally-
Accepted Procedures for
Sampling and Analysis of
Pollutants
(h) Categorize Point and
Non-Point Sources of
Water Pollution
(i) Classify groundwater
sources
(j) Classify or reclassify all
water bodies according to
be an active participant in
the sustainable
development,
management, conservation
and protection of the
fishery and aquatic
resources of the country
The state shall ensure the
attainment of the following
objectives of the fishery
sector:
(a) Conservation,
protection and sustained
management of the
country's fishery and
aquatic resources
(b) Poverty alleviation
(c) Aquaculture
productivity
(d) Optimal utilization
(e) Upgrading of post-
harvest technology
Undersec. for Fisheries
and Aquatic Resources (§
63)
• Attending to the needs of
the fishing industry
• Powers & Functions:
(a) Policies and standards
for the effective, efficient
and economical operations
of the fishing industry
(b) Overall supervision
over all functions and
activities of all offices and
instrumentalities and
other offices related to
fisheries
(c) Establish such fishery
offices as may be
necessary and organize the
internal structure of BFAR
(d) Others
Bureau of Fisheries and
Aquatic Resources (BFAR)
• Reconstituted as a line
bureau under DA (§ 64)
• Powers & Functions (§
65):
(a) Comprehensive
National Fisheries
Industry Development
Plan
requirements of the
country, the advancement
of science and technology,
and the public welfare
(b) Systematized land
classification and survey
(c) Establishment of wood-
processing plants
(d) Protection,
development and
rehabilitation of forest
lands
Bureau of Forestry
Development (BFD)
• Agency with which all
forestry agencies are
merged into (§ 4)
• Powers & Functions:
(a) Jurisdiction and
authority over all forest
land, grazing lands, and all
forest reservations (§ 5)
(b) Protection,
development,
management,
regeneration, and
reforestation of forest
lands (§ 5);
(c) Regulation and
supervision of the
operation of licensees,
lessees and permittees (§
5);
(d) Implementation of
multiple use and sustained
yield management (§ 5);
(e) Protection,
development and
preservation of national
parks, marine parks, game
refuges and wildlife (§ 5);
(f) Implementation of
measures and programs to
prevent kaingin and
DENR (§ 8)
• Powers & Functions:
(a) Primary government
agency responsible for the
conservation,
management,
development, and proper
use of the State's mineral
resources
(b) Sec. shall have
authority to enter into
mineral agreements on
behalf of the Gov’t upon
the recommendation of the
Dir.
(c) Rules and regulations
Mines and Geosciences
Bureau (MGB) (§ 9)
• Powers & Functions:
(a) Direct charge in the
administration and
disposition of mineral
lands and mineral
resources and shall
undertake researches and
surveys;
(b) Dir. shall recommend
to the Sec. the granting of
mineral agreements and
shall monitor the
compliance by the
conservation techniques
(f) Greater private sector
participation
(g) Coordination
(h) Cooperation and self-
regulation among waste
generators
(i) Public participation
(j) Integration of ecological
solid waste management
and resource conservation
and recovery topics into
the academic curricula
National Solid Waste
Commission (NSWC)
• Powers & Functions (§
5):
(a) National solid waste
management framework
(b) Approve local solid
waste management plans
(c) Review and monitor
implementation of local
solid waste management
plans
(d) Coordinate operation
of local solid waste
management boards in the
provincial and
city/municipal levels
(e) Assist provincial, city
and municipal solid waste
management plans
(f) Develop a model
provincial, city and
municipal solid waste
management plan
(g) Technical and other
capability building
assistance and support to
LGUs
(h) Assist LGUs in the
identification of markets
for materials diverted
from disposal facilities
DENR (§ 10)
• Control and
administration of NIPAS
• Protected Areas and
Wildlife Division in regions
where protected areas
have been established
• The Service thus
established shall manage
protected areas and
promote the permanent
preservation, to the
greatest extent possible of
their natural conditions.
• Powers & Functions of
the Sec. of DENR:
(a) Studies on various
characteristic features and
conditions of the different
protected areas
(b) Land use scheme and
zoning plan in adjoining
areas for the preservation
and control of activities
that may threaten the
ecological balance in the
protected areas
(c) Plans and proposals for
the management of
protected areas
(d) Rules and regulations
necessary to carry out the
(g) Mechanisms to enforce
and guarantee the
realization of these rights,
taking into consideration
their customs, traditions,
values, beliefs, interests
and institutions
National Commission on
Indigenous Peoples (NCIP)
• Primary government
agency responsible for the
formulation and
implementation of policies,
plans and programs to
promote and protect the
rights and well-being of
the ICCs/IPs and the
recognition of their
ancestral domains as well
as the rights thereto (§ 38)
• Powers & Functions
(a) Primary government
agency through which
ICCs/IPs can seek
government assistance
(b) Review and assess the
conditions of ICCs/IPs
(c) Policies, plans,
programs and projects for
the economic, social and
cultural development of
the ICCs/IPs
(d) Request and engage
the services and support of
experts from other
agencies of government or
employ private experts
and consultants as may be
required
2 | T R A X notes
• Powers & Functions
(a) Share the
responsibility in the
management and
maintenance of air quality
(b) Implement air quality
standards
Pollution Adjudication
Board (PAB) (Title XIV, Ch.
2, § 13 of the 1987
Administrative Code)
• Powers & Functions
(a) Adjudication of
pollution cases
their Beneficial Usages;
(k) Jurisdiction over all
aspects of water pollution
(l) Supervision and control
over all aspects of water
quality management
(m) Cooperative effort
with the government,
LGUs, academic
institutions, civil society
and the private sector
(n) Information
dissemination
(o) Encourage private and
business sectors to use
water quality management
systems equipment
(p) Report to Congress
annually the quality status
of water bodies
(q) Issue rules and
regulations for the
effective implementation
of the provisions of this
Act;
(r) Issue orders tocompel
compliance with water
quality
(s) Appropriate protocol
with other concerned
agencies for immediate
coordinated responses
(t) Issue permits,
clearances and similar
instruments pursuant to
this Act
(u) Others
• Shall gradually devolve
to the LGUs, and to the
governing boards the
authority to administer
some aspects of water
quality management and
regulation
LGUs (§ 20)
• Share the responsibility
in the management and
improvement of water
quality
• Powers & Functions
(thru ENRO):
(a) Monitoring of water
quality
(b) Emergency response
(b) Licenses for the
operation of commercial
fishing vessels
(c) Identification cards to
fishworkers engaged in
commercial fishing
(d) Monitor and review
joint fishing agreements
between Filipino citizens
and foreigners
(e) Comprehensive Fishery
Research and
Development Program
(f) Comprehensive Fishery
Information System;
(g) Development support
services in all aspects of
fisheries production,
processing and marketing
(h) Advisory services and
technical assistance on the
improvement of quality of
fish
(i) Coordinate efforts
(j) Advise and coordinate
re maintenance of proper
sanitation and hygienic
practices in fish markets
and fish landing areas
(k) Corps of specialists for
the efficient monitoring,
control and surveillance of
fishing activities within
Philippine territorial
waters and provide the
necessary facilities,
equipment and training
therefor
(l) Inspection system
(m) Productivity
enhancing and market
development programs in
fishing communities to
enable women to engage
in other
fisheries/economic
activities
(n) Enforce all laws,
formulate and enforce all
rules and regulations
governing the
conservation and
management of fishery
resources, except in
municipal waters, and to
managed occupancy of
forest and grazing lands (§
5);
(g) Collaboration for the
effective, efficient and
economic classification of
lands of the public domain
(§ 5);
(h) Enforcement of
forestry, reforestation,
parks, game and wildlife
laws, rules, and
regulations (§ 5);
(i) Regulate the
establishment and
operation of mills and
wood processing plants
and conduct studies of
domestic and world
markets of forest products
(§ 5);
(j) In-service training
center (§ 11)
(k) System to evaluate the
performance of its
employees (§ 12)
Dept. of Natural Resources
(DNR)
• Powers & Functions of
Sec. of DNR:
(a) Supervise and control
BFD (§ 7)
(b) Review actions and
decisions of BFD (§ 8)
(c) Promulgate the rules
and regulations necessary
to implement effectively
the provisions of this Code.
(§ 9)
(d) Visitorial powers (§
44)
contractor of the terms (i) Imposition of sanctions
and conditions of the for the violations
mineral agreements environmental rules and
(c) Confiscate surety, regulations
performance and guaranty (j) Solid Waste
bonds posted Management Fund
(d) Dir. may deputize, (k) Issuance of permits
when necessary, any and clearances
member or unit of the (l) Review the incentives
PNP, barangay, duly scheme
registered NGO, or any (m) Education promotion
qualified person to police and information campaign
all mining activities strategies
(n) After notice and
hearing, tipping charges
and rates
(o) Safety nets and
alternative livelihood
programs for small
recyclers
(p) List of non-
environmentally
acceptable materials
(q) Encourage private
sector initiatives,
community participation
and investments resource
recovery-based livelihood
programs for local
communities
(r) Encourage all local
government agencies and
all LGUs to patronize
products manufactured
using recycled and
recyclable materials
(s) Regulations requiring
the source separation and
post separation collection,
segregated collection,
processing, marketing and
sale of organic and
designated recyclable
material generated in each
local government unit
(t) Study and review of the
following:
(1) Standards, criteria and
guidelines for
promulgation and
implementation of an
integrated national solid
waste management
framework; and
(2) Criteria and guidelines
provisions of this Act
(e) Deputize field officers
and delegate any of his
powers under this Act and
other laws to expedite its
implementation and
enforcement
(f) NIPAS fees
(g) Administrative fees
and fines for violation of
guidelines, rules and
regulations of this Act
(h) Enter into contracts
and/or agreements with
private entities or public
agencies as may be
necessary
(i) Accept in the name of
the Philippine Government
and in behalf of NIPAS
funds, gifts or bequests of
money for immediate
disbursements or other
property in the interest of
the NIPAS, its activities or
its services
(j) Call on any agency or
instrumentality of the
Government as well as
academic institutions, non-
government organizations
and the private sector as
may be necessary
(k) Annual report to be
submitted to the President
and to Congress on the
status of protected areas in
the country
(l) Uniform marker of the
System
(m) Determine the
specification of the class,
type and style of buildings
and other structures to be
constructed in protected
areas and the materials to
be used
(n) Control the
construction, operation
and maintenance of roads,
trails, waterworks,
sewerage, fire protection,
and sanitation systems and
other public utilities
within the protected area
(e) Issue CADTs/CALTs;
(f) Subject to existing laws,
to enter into contracts,
agreements, or
arrangement, with
government or private
agencies or entities, and
subject to the approval of
the President, to obtain
loans from government
lending institutions and
other lending institutions
to finance its programs
(g) Negotiate for funds and
to accept grants,
donations, gifts and/or
properties in whatever
form and from whatever
source, subject to the
approval of the President,
for the benefit of ICCs/IPs
(h) Coordinate
development programs
and projects for the
advancement of the
ICCs/IPs
(i) Convene periodic
conventions or assemblies
of IPs
(j) Advise the President on
all matters relating to the
ICCs/IPs and to submit a
report of its operations
and achievements
(k) Submit to Congress
appropriate legislative
proposals intended to
carry out the policies
under this Act
(l) Prepare and submit the
appropriate budget to the
Office of the President
(m) Issue appropriate
certification as a pre-
condition to the grant of
permit, lease, grant, or any
other similar authority
taking into consideration
the consensus approval of
the ICCs/IPs concerned
(n) Decide all appeals from
the decisions and acts of
all the various offices
within the NPIC
(o) Rules and regulations
3 | T R A X notes
(c) Compliance with the
framework of the Water
Quality Management
Action Plan
(d) Participation in all
efforts concerning water
quality protection and
rehabilitation
(e) Coordination
Business & Industry
Sectors (§ 21)
• Coordination
Linkage Mechanism (§ 22)
• Gov’t Agencies and Their
Respective Powers &
Functions:
(a) PCG in coordination
with DA and DENR:
enforcement of water
quality standards in
marine waters
(b) DPWH (thru MWSS,
LWUA, etc.): provision or
sewerage and sanitation
facilities
(c) DA (thru BFAR for the
prevention and control of
water pollution for the
development, management
and conservation of the
fisheries and aquatic
resources) in coordination
with DENR: re-use of
wastewater for irrigation
and other agricultural uses
(d) DOH: drinking water
quality standards
(e) DOST, in coordination
with DENR and others:
pollution prevention and
cleaner production
technologies
(f) DepEd, CHED, DILG,
PIA: implementation of a
comprehensive program
settle conflicts of resource
use and allocation
(o) Develop value-added
fishery-products
(p) Recommend measures
for the
protection/enhancement
of the fishery industries
(q) Assist LGUs in
developing their technical
capability in the
development,
management, regulation,
conservation, and
protection of the fishery
resources
(r) Rules and regulations
for the conservation and
management of straddling
fish stocks and highly
migratory fish stocks
(s) Others
Fisheries and Aquatic
Resources Management
Councils (FARMCs)
• Formed by fisherfolk
organizations/cooperative
s and NGOs in the locality
and be assisted by the
LGUs and other
government entities (§ 69)
• Powers & Functions of
the Nat’l FARMC
(NFARMC) (§ 72):
(a) Assist in the
formulation of national
policies for the protection,
sustainable development
and management of
fishery and aquatic
resources for the approval
of the Sec.;
(b) Assist DA in the
preparation of the
National Fisheries and
Industry Development
Plan; and
(c) Perform such other
functions as may be
provided by law.
• Powers & Functions of
the Municipal/City FARMC
(M/CFARMC) (§ 74):
(a) Assist in the
for siting, design,
operation and
maintenance of solid waste
management facilities.
National Ecology Center
(NEC) (§ 7)
• Powers & Functions:
(a) Training and education
(b) Solid waste
management information
data base
(c) Development of a
recycling market
(d) Expert assistance in
pilot modeling of solid
waste management
facilities
(e) Develop, test, and
disseminate model waste
minimization and
reduction auditing
procedures
DENR (§ 8)
• Powers & Functions:
(a) Chair the NSWC
(b) Annual National Solid
Waste Management Status
Report
(c) Information, education
and communication
materials on solid waste
management
(d) Methods and other
parameters for the
measurement of waste
reduction, collection and
disposal
(e) Technical and other
capability building
assistance and support to
the LGUs
(f) Recommend policies to
eliminate barriers to waste
reduction programs
(g) Visitorial and
enforcement powers
(h) Others
(i) Issue rules and
regulations
LGU (§ 10)
• Powers & Functions:
(a) Primarily responsible
(o) Control occupancy of
suitable portions of the
protected area and resettle
outside of said area forest
occupants therein, with
the exception of the
members of indigenous
communities area
(p) Others
Protected Area
Management Board
(PAMB) (§ 11)
• Created for each
protected area
• Powers & Functions: by a
majority vote:
(a) Decide the allocations
for budget
(b) Approve proposals for
funding
(c) Decide matters relating
to planning, peripheral
protection and general
administration of the area
for the implementation of
this Act
(p) Others
(q) Represent the
Philippine ICCs/IPs in all
international conferences
and conventions (§ 44)
(r) Rules and regulations
governing the hearing and
disposition of cases filed
before it
(s) Administer oaths, issue
subpoenas
(t) Hold any person in
contempt
(u) Enjoin any or all acts
involving or arising from
any case pending before it
which, if not restrained
forthwith, may cause grave
or irreparable damage to
any of the parties to the
case or seriously affect
social or economic activity.
(§ 69)
Ancestral Domains Office
(ADO)
• Powers & Functions (§
46[a]):
(a) Identification,
delineation and
recognition of ancestral
lands/domains
(b) Management of
ancestral lands/domains
and implementation of the
ancestral domain rights of
the ICCs/IPs
(c) Issuance, upon the free
and prior informed
consent of the ICCs/IPs
concerned, certification
prior to the grant of any
license, lease or permit for
the exploitation of natural
resources affecting the
interests of ICCs/IPs or
their ancestral domains
4 | T R A X notes
preparation of the
Municipal Fishery
Development Plan and
submit such plan to the
Municipal Development
Council
(b) Recommend the
enactment of municipal
fishery ordinances to the
sangguniang bayan/
sangguniang panlungsod
(c) Assist in the
enforcement of fishery
laws, rules and regulations
(d) Advise the
sangguniang
bayan/panlungsod on
fishery matters
(e) Others
• Powers & Functions of
the Integrated FARMC
(IFARMC) (§ 77):
(a) Assist in the
preparation of the
Integrated Fishery
Development Plan and
submit such plan to the
concerned Municipal
Development Councils
(b) Recommend the
enactment of integrated
fishery ordinances to the
concerned sangguniang
bayan/ panlungsod
(c) Assist in the
enforcement of fishery
laws, rules and regulations
(d) Advice the concerned
sangguniang
bayan/panlungsod on
fishery matters
(e) Others
for the implementation
and enforcement of the
provisions of this Act
within their respective
jurisdictions
(b) Segregation and
collection of solid waste
shall be conducted at the
barangay level
(c) Collection of non-
recyclable materials and
special wastes shall be the
responsibility of the
municipality or city
Provincial Solid Waste
Management Board
(PSWMB) (§ 11)
• Powers & Functions:
(a) Provincial solid waste
management plan from the
submitted solid waste
management plans of the
respective C/MSWMB
(b) Logistical and
operational support to its
component cities and
municipalities
(c) Measures and
safeguards against
pollution and for the
preservation of the natural
ecosystem
(d) Measures to generate
resources, funding and
implementation
(e) Identify areas within
its jurisdiction which have
common solid waste
management problems
(f) Coordinate the efforts
of the component cities
and municipalities in the
implementation of the
Provincial Solid Waste
Management Plan
(g) Incentive scheme
(h) Convene joint meetings
of the P and C/M SWMB
(i) Represent any of its
component city or
municipality in
coordinating its resource
and operational
requirements with
5 | T R A X notes
agencies of the national
government
(j) Oversee
implementation of the
Provincial Solid Waste
Management Plant
(k) Review Provincial Solid
Waste Management Plan
(l) Allow for the clustering
of LGUs for the solution of
common solid waste
management problems

City & Municipal Solid

Waste Management Board
(CSWMB/MSWMB) (§ 12)
• Powers & Functions:
(a) City or Municipal Solid
Waste Management Plan,
and integration of the
various solid waste
management plans and
strategies of the barangays
in its area of jurisdiction
(b) Implementation of
solid waste management
programs in its component
barangays
(c) Monitor
implementation of the City
or Municipal Solid Waste
Management Plan
(d) Revenue-generating
measures to promote the
viability of its Solid Waste
Management Plan
(e) Convene regular
meetings with respective
component barangays
(f) Oversee
implementation of the City
or Municipal Solid Waste
Management Plan
(g) Review City or
Municipal Solid Waste
Management Plan
(h) Implementation of the
City or Municipal Solid
Waste Management Plan
(i) Recommended to
appropriate local
government authorities
specific measures or
proposals for franchise or
build-operate-transfer
6 | T R A X notes

PENAL Prohibited Acts
PROVISIONS (1) Violation of standards
for stationary sources (§
45)
(2) Violation of standards
for motor vehicles (§ 46)
(3) Violations of other
provisions (§ 47)
(4) Gross violations (§ 48)
Prohibited Acts (§ 27)
(1) 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
(2) Discharging, injecting
or allowing to seep into
the soil or sub-soil any
substance in any form that
would pollute
groundwater
(3) 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
(4) 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
(5) Unauthorized
transport or dumping into
sea waters of sewage
sludge or solid waste
Prohibited Acts (§ )
(1) Unauthorized fishing
or engaging in other
unauthorized fisheries
activities (§ 86)
(2) Poaching in Philippine
waters (§ 87)
(3) Fishing through
explosives, noxious or
poisonous substance,
and/or electricity (§ 88)
(4) Use of fine mesh net (§
89)
(5) Use of active gear in
the municipal waters and
bays and other fishery
management areas (§ 90)
(6) Coral exploitation and
exportation (§ 91)
(7) Muro-Ami and similar
methods and use of gear
destructive to coral reefs
and other marine habitat
(§ 92)
(8) Illegal use of
superlights (§ 93)
(9) Conversion of
mangroves (§ 94)
(10) Fishing in overfished
area and during closed
season (§ 95)
(11) Fishing in fishery
reserves, refuge and
sanctuaries (§ 96)
(12) Fishing or taking of
rare, threatened or
endangered species (§ 97)
(13) Capture of sabalo
(mature milkfish) and
other breeders/spawners
Prohibited Acts
(1) Cutting, gathering
and/or collecting timber
or other products without
license (§ 68)
(2) Unlawful occupation or
destruction of forest lands
(§ 69)
(3) Unauthorized
pasturing of livestock (§
70)
(4) Illegal occupation of
national parks system and
recreation areas and
vandalism therein (§ 71)
(5) Destruction of wildlife
resources (§ 72)
(6) Survey by
unauthorized person (§
73)
(7) Misclassification and
survey by government
official or employee
contrary to the criteria and
standards established in
this Code (§ 74)
(8) Issuance of a tax
declaration on real
property without a
certification from the Dir.
of Forest Development and
the Dir. of Lands (§ 75)
(9) Coercion and influence
in relation to §§ 74 & 75 (§
76)
(10) Unlawful possession
of implements and devices
used by forest officers (§
77)
(11) Failure or refusal in
Prohibited Acts
(1) False statements (§
101)
(2) Illegal exploration (§
102)
(3) Theft of minerals (§
103)
(4) Destruction of mining
structures (§ 104)
(5) Mines arson (§ 105)
(6) Willful damage to a
mine (§ 106)
(7) Illegal Obstruction to
permittees or contractors
(§ 107)
(8) Violation of the terms
and conditions of the ECC
(§ 108)
(9) Illegal obstruction to
gov’t officials (§ 109)
(10) Violation this Act or
its IRR (§ 110)
(11) Late or non-
submission of reports (fine
only) (§ 111)
agreements
(j)Logistical and
operational support to its
component cities and
municipalities
(k) Measures and
safeguards against
pollution and for the
preservation of the natural
ecosystem
(l) Coordinate efforts of its
components barangays in
the implementation of the
city or municipal Solid
Waste Management Plan
Prohibited Acts (§ 48)
(1) Littering, throwing,
dumping of waste matters
in public places, or causing
or permitting the same
(2) Undertaking activities
or operating, collecting or
transporting equipment in
violation of sanitation
operation and other
requirements or permits
(3) Open burning of solid
waste
(4) Causing or permitting
the collection of non-
segregated or unsorted
wastes
(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,
or closure of said dumps in
violation of Sec. 37
(10) Manufacture,
Prohibited Acts (§ 20) Prohibited Acts (§ 72)
(1) Hunting, destroying, (1) Unauthorized and
disturbing, or mere unlawful intrusion upon,
possession of any plants or or use of any portion of the
animals or products ancestral domain or land,
derived therefrom without or any violation of the
permit rights hereinbefore
(2) Dumping of any waste enumerated (§ 10)
products detrimental to (2) Violation of equal
the protected area, or to protection and non-
the plants and animals or discrimination of ICCs/IPs
inhabitants therein (§ 21)
(3) Use of any motorized (3) Unlawful acts
equipment without permit pertaining to employment
(4) Mutilating, defacing or (§ 24)
destroying objects of (4) Violation of ICCs’/IPs’
natural beauty, or objects rights to religious, cultural
of interest to cultural sites and ceremonies (§
communities (of scenic 33)
value)
(5) Damaging and leaving Applicable Penalties (§ 72)
roads and trails in a (1) Customary Laws
damaged condition (2) Existing Laws:
(6) Squatting, mineral
locating, or otherwise
occupying any land
(7) Constructing or
maintaining any kind of
structure, fence or
enclosures, conducting any
business enterprise
without permit
(8) Leaving in exposed or
unsanitary conditions
refuse or debris, or
depositing in ground or in
bodies of water
(9) Altering, removing
destroying or defacing
boundary marks or signs
7 | T R A X notes
 (6) Transport, dumping or
discharge of prohibited
chemicals, substances or
pollutants
(7) Operate facilities that
discharge or allow to seep,
wilfully or through gross
negligence, prohibited
chemicals, substances or
pollutants into water
bodies or wherein the
same shall be liable to be
washed into such surface,
ground, coastal, and
marine water
(8) Undertaking activities
or development and
expansion of projects, or
operating
wastewater/sewerage
facilities
(9) Discharging regulated
water pollutants without
the valid required
discharge permit or after
the permit was revoked
for any violation of
condition therein
(10) Non-compliance of
the LGU with the Water
Quality Framework and
Management Area Action
Plan (§ 29)
(11) Refusal to allow
entry, inspection and
monitoring by the
Department
(12) Refusal to allow
access by the Department
to relevant reports and
records
(13) Refusal or failure to
submit reports
(14) Refusal or failure to
designate pollution control
officers
(15) 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
SALIENT RECOGNITION OF RIGHTS WATER QUALITY
FEATURES (§ 4) MANAGEMENT SYSTEM
(a) Right to breathe clean • Water quality
(§ 98)
(14) Exportation of
breeders, spawners, eggs
or fry (§ 99)
(15) Importation or
exportation of fish or
fishery species (§ 100)
(16) Violation of catch
ceilings (§ 101)
(17) Aquatic pollution (§
102)
(18) Other violations (§
103):
• Failure to comply with
minimum safety standards
• Failure to conduct a
yearly report on all
fishponds, fish pens and
fish cages
• Gathering and marketing
of shell fishes
• Obstruction to navigation
or flow and ebb of tide in
any stream, river, lake or
bay
• Construction and
operation of fish
corrals/traps, fish pens
and fish cages
(19) Commercial fishing
vessel operators
employing unlicensed
fisherfolk or fishworker or
crew (§ 104)
(20) Obstruction of
defined migration paths (§
105)
(21) Obstruction to fishery
law enforcement officer (§
106)
MUNICIPAL FISHERIES
• Fishing privileges within
municipal waters are
the payment, collection
and remittance of forest
charges (§ 78)
(12) Non-compliance with
grading rules in the sale of
wood products (§ 79)
CLASSIFICATION AND
SURVEYS
• Sec. of DENR shall study,
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
dumplog in bulk of
collected domestic,
industrial, commercial,
and institutional wastes in
areas other than centers or
facilities prescribed
(14) Site preparation,
construction, expansion or
operation of waste
management facilities
without an ECC and not
conforming with the land
use plan of the LGU
(15) The construction of
any establishment within
200 meters from open
dumps or controlled
dumps, or sanitary landfill
(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
CLASSIFICATION OF WASTE SEGRAGATION CATEGORIES (§ 3) IMPORTANT CONCEPTS
MINERALS (§ 15, CA 137) • Mandatory (§ 21) (1) Strict nature reserve • Concept of Ancestral
(1) First Group: Metals or • Requirements (§ 22): (2) Natural park Domains/Lands ― covers
8 | T R A X notes
air
(b) Right to utilize and
enjoy all natural resources
(c) Right to participate re
environmental policies
(d) Right to participate in
decision-making process
of development policies
(e) Right to be informed
(f) Right of access to public
records
(g) Right to bring action re
environmental laws and
regulations
(h) Right to bring action
for personal damages
SOURCES OF POLLUTION
(1) Stationary Sources (§§
19 & 20)
(2) Motor Vehicles (§§ 24
& 25)
(3) Other Sources (§§ 21-
23)
(a) Smoking
(b) Other mobile sources
(4) Other Pollutants (§§
30-33)
(a) Ozone Depleting
Substances
(b) Greenhouse Gases
(c) Persistent Organic
Pollutants
(d) Radioactive Emissions
ACTIONS
Administrative Actions
(§40)
DENR shall, on its own
instance or upon verified
complaint by any person,
institute administrative
proceedings against any
person who violates:
(a) Standards or limitation
provided under this Act; or
(b) Any order, rule or
regulation issued by the
DENR with respect to such
standard or limitation.
Citizen Suits (§41)
Any citizen may file an
appropriate civil, criminal
or administrative action in
management areas, which
shall be mandated to:
(a) Multi-sectoral group
for water quality
surveillance and
monitoring network
(b) Submit its report and
recommendations to the
chairman of the governing
board (§ 5)
• National Water Quality
Management Fund (§ 9)
FINANCIAL LIABILITY
MECHANISMS
• Environmental
Guarantee Fund, which
shall finance the
maintenance of the health
of the ecosystems and
specially the conservation
of watersheds and aquifers
affected by the
development, and the
needs of emergency
response, clean-up or
rehabilitation of areas that
may be damaged during
the program's or project's
actual implementation (§
15)
ACTIONS (§40)
• Without prejudice to the
right of any affected
person to file an
administrative action
• DENR shall, on its own
instance or upon verified
complaint by any person,
institute administrative
proceedings in the proper
forum against any person
who violates:
(a) Standards or
limitations provided by
this Act; or
(b) Any order, rule or
regulation issued by DENR
with respect to such
standard or limitation
granted by the
City/Municipal Council
• Municipal waters shall be
primarily utilized by
municipal fisherfolk and
their
cooperatives/organization
s who are listed as such in
the registry of municipal
fisherfolk (§ 18)
COMMERCIAL FISHERIES
(§ 26)
• Commercial Fishing Boat
License
AQUACULTURE
• Fishpond Lease
Agreement (§ 45)
FISHERY RESERVES,
REFUGE, AND
SANCTUARIES
• Fishery reservation for
the exclusive use of the
government for
propagation, educational,
research and scientific
purposes (§ 80)
• Fish refuge and
sanctuaries at least 25%
but not more than 40% of
bays, foreshore lands,
continental shelf or any
fishing ground shall be set
aside for the cultivation of
mangroves to strengthen
the habitat and the
spawning grounds of fish,
within which areas no
commercial fishing shall
be allowed. (§ 81)
devise, determine and
prescribe the criteria,
guidelines and methods
for the proper and
accurate classification and
survey of all lands of the
public domain into
agricultural, industrial or
commercial, residential,
resettlement, mineral,
timber or forest, and
grazing lands, and into
such other classes as now
or may hereafter be
provided by law, rules and
regulations (§ 13)
• No land of the public
domain 18% in slope or
over shall be classified as
alienable and disposable,
nor any forest land 50% in
slope or over, as grazing
land (§ 15)
UTILIZATION AND
MANAGEMENT
• Multiple use – only the
utilization, exploitation,
occupation or possession
of any forest land, or any
activity therein, which will
produce the optimum
benefits without
impairment or with the
least injury to its other
resources, shall be allowed
(§ 19)
• Sustained yield –balance
between growth and
harvest or use of forest
products in forest lands (§
21)
• Requirement of a license
agreement, lease, license,
or permit (§ 20)
Reforestation
• It shall be a condition for
the continued privilege to
harvest timber under any
license or license
agreement that the
licensee shall reforest all
the areas which shall be
metalliferous ores
(2) Second Group:
Precious stones
(3) Third Group: Fuels
(4) Fourth Group: Salines
and mineral waters
(5) Fifth Group: Building
stone in place, clays,
fertilizers, and other non-
metals
5 PHASES OF MINING
(1) Prospecting
(2) Exploration
(3) Production
(4) Development
(5) Rehabilitation
SCOPE OF APPLICATION
(§ 15)
• Exploration,
• Development,
• Utilization, and
• Processing of all mineral
resources
Areas Open to Mining (§
18)
(1) All mineral resources
in public or private lands,
including timber or
forestlands
Areas Closed to Mining (§
19)
(a) Military and other
government reservations,
except upon prior written
clearance
(b) Near or under public or
private buildings,
cemeteries, archeological
and historic sites, bridges,
highways, waterways,
railroads, reservoirs, dams
or other infrastructure
projects, public or private
works including
plantations or valuable
crops, except upon written
consent of the government
agency or private entity
concerned
(c) In areas covered by
valid and existing mining
(a) Separate container for
each type of waste from all
sources
(b) Solid waste container
shall be properly marked
or identified for on-site
collection as
"compostable", "non-
recyclable", "recyclable" or
"special waste," or any
other classification as may
be determined by NSWC
REQUIREMENTS FOR
COLLECTION AND
TRANSPORT
Collection (§ 23)
(a) Personal protective
equipment
(b) Training
(c) Collection done in a
manner which prevents
damage to the container,
spillage or scattering of
solid waste within the
collection vicinity
Transport (§ 24)
(a) Separate collection
schedules and separate
trucks or haulers (or
specific compartment) for
specific kinds of waste
(b) Ensure containment of
solid waste while in transit
(c) Bear body number,
name and address of the
contractor or agency
collecting solid waste
RECYCLING
• Study of existing markets
for processing and
purchasing recyclable
materials (§ 26)
• Coding system for
packaging materials and
products (§ 27)
• Deposit or reclamation
programs (§ 28)
• Prohibition on the use of
non-environmentally
acceptable packaging (§
30)
• Procedures, standards
(3) Natural monument
(4) Wildlife sanctuary
(5) Protected landscapes
and seascapes
(6) Resource reserve
(7) Natural biotic area
(8) Others
ESTABLISHMENT OF THE
SYSTEM (§ 5)
• All areas or islands in the
Philippines proclaimed,
designated or set aside,
before the effectivity of
this Act are hereby
designated as initial
components of the System,
to be governed by existing
laws, rules and
regulations, not
inconsistent with this Act
• Within 1 year from the
effectivity of this Act,
DENR shall submit to the
Congress a map and legal
descriptions or natural
boundaries of each
protected area initially
comprising the System
• Within 3 years from the
effectivity of this Act,
DENR shall study and
review each area
tentatively composing the
System as to its suitability
or non-suitability for
preservation as protected
area and inclusion in the
System according to the
categories established in §
3 hereof and report its
findings to the President
as soon as each study is
completed. The study must
include in each area:
(a) Forest occupants
survey
(b) Ethnographic study
(c) Protected area
resource profile
(d) Land use plans
(e) Such other background
studies as will be sufficient
bases for selection
not only the physical
environment but the total
environment including the
spiritual and cultural
bonds to the areas (§ 4)
• Indigenous concept of
ownership ― private but
community property
which belongs to all
generations (§ 5)
RIGHTS TO ANCESTRAL
DOMAIN (§ 7)
(a) Right of Ownership
(b) Right to Develop Lands
and Natural Resources
(c) Right to Stay in the
Territories
(d) Right in Case of
Displacement
(e) Right to Regulate Entry
of Migrants
(f) Right to Safe and Clean
Air and Water
(g) Right to Claim Parts of
Reservations
(h) Right to Resolve
Conflict
RIGHTS TO ANCESTRAL
LANDS (§ 8)
(a) Right to Transfer
Land/Property
(b) Right to Redemption
DELINEATION
• Self-delineation shall be
the guiding principle (§
51)
Ancestral Domain
Step 1. Petition
Step 2. Proof
Step 3. Delineation Proper
Step 4. Maps
Step 5. Report of
Investigation and Other
Documents
Step 6. Notice and
Publication
Step 7. Endorsement to
NCIP
Step 8. Turnover of Areas
within Ancestral Domains
Managed by Other
Government Agencies
9 | T R A X notes
the proper courts against:
(a) Any person who
violates or fails to comply
with the provisions of this
Act
(b) DENR or other
implementing agencies
with respect to orders,
rules and regulations
issued inconsistent with
this Act,
(c) Any public officer who
willfully neglects
performance of an act,
abuses authority, or
improperly performs
duties
determined by BFD (§ 27)
Forest Protection
• Utilization of timber
therein shall not be
allowed except through
license agreements under
which the holders thereof
shall have the exclusive
privilege to cut all the
allowable harvestable
timber in their respective
concessions, and the
additional right of
occupation, possession,
and control over the same,
to the exclusive of all
others, except the
government, but with the
corresponding obligation
to adopt all the protection
and conservation
measures to ensure the
continuity of the
productive condition of
said areas, conformably
with multiple use and
sustained yield
management (§ 38)
Special Uses
• Pasture in forest lands (§
54)
• Wildlife (§ 55)
• Recreation (§ 56)
• Other special uses (§ 57)
rights
(d) In areas expressly
prohibited by law
(e) In areas covered by
small-scale miners as
defined by law unless with
prior consent of the small-
scale miners
(f) Old growth or virgin
forests, proclaimed
watershed forest reserves,
wilderness areas,
mangrove forests, mossy
forests, national parks
provincial/municipal
forests, parks, greenbelts,
game refuge and bird
sanctuaries and in areas
expressly prohibited
under NIPAS and other
laws
People’s Small Mining Act
(R.A. No. 7076)
• Small Scale Mining –
refers to mining activities
that rely heavily on
manual labor using simple
tools and methods. It does
not use explosives or
heavy mining equipment
and requires only a small
capital investment.
• Policy is to:
(a) Promote, develop,
protect and rationalize
viable small-scale mining
activities;
(b) Generate more
employment opportunities
(c) Provide an equitable
sharing of the nation's
wealth and natural
resources
MINERAL AGREEMENTS
• Mineral Agreement –
exclusive right to conduct
mining operations and
extract all mineral
resources found in the
area, and shall have a term
not exceeding 25 years,
renewable for another
term not exceeding 25
and strategies to market
recyclable materials and
develop the local market
for recycle goods (§ 31)
• Establishment of
Materials Recovery
Facilities (§§ 31-32)
MINIMUM CRITERIA FOR
SITING, ESTABLISHMENT,
AND OPERATION OF
SANITARY LANDFILL
Siting (§ 40)
(a) Consistent with the
overall land use plan
(b) Accessible from major
roadways or
thoroughfares
(c) Have an adequate
quantity of earth cover
material
(d) Regard for the
sensitivities of the
community's residents
(e) Located in an area
where the landfill's
operation will not
detrimentally affect
environmentally sensitive
resources
(f) Large enough to
accommodate the
community's wastes for a
period of 5 years
(g) Landfill that will satisfy
budgetary constraints
(h) Operating plans must
include provisions for
coordinating with
recycling and resource
recovery projects
(i) Designation of a
separate containment area
for household hazardous
wastes
Establishment (§ 41)
(a) Liners;
(b) Leachate collection and
treatment system;
(c) Gas control and
recovery system;
(d) Groundwater
monitoring well system;
(e) Cover (daily cover and
Procedure(§ 5) Step 9. Issuance of CADT
Step 1. Notice and Step 10. Registration of
Publication CADT
Step 2. Resource Persons
Step 3. Public Hearing Ancestral Land
Step 4. Presidential Step 1. Application
Proclamation Step 2. Proof
Step 5. President’s Step 3. Notice and
Recommendation Publication
Step 4. Investigation
Step 5. Report
Step 6. Issuance of CALT
JURISDICTION AND
PROCEDURES FOR
ENFORCEMENT OF
RIGHTS
Step 1. Customary laws
and practices shall be used
to resolve the dispute (§
65)
Step 2. If not resolved,
certification by the Council
of Elders/Leaders who
participated in the attempt
to settle the dispute that
the same has not been
resolved (§ 66)
Step 3. File petition with
the NCIP, who has
jurisdiction over all claims
and disputes involving
rights of ICCs/IPs through
its regional offices (§ 66)
Step 4. Decisions of the
NCIP shall be appealable to
the CA by way of a petition
for review (§ 67)
10 | T R A X notes
years (§ 32)
• Exploration Permit –
allows a qualified person
to undertake exploration
activities of mineral
resources
Forms of Mineral
Agreements (§ 26)
(a)Mineral Production
Sharing Agreement
• Government grants to
the contractor the
exclusive right to conduct
mining operations within a
contract area and shares in
the gross output.
• Contractor shall provide
the financing, technology,
management and
personnel necessary for
the implementation of this
agreement
(b) Co-production
Agreement
• Government shall
provide inputs to the
mining operations other
than the mineral resource.
(c) Joint-venture
Agreement
• Joint-venture company is
organized by the
Government and the
contractor with both
parties having equity
FTAA
• A contract involving
financial or technical
assistance for large-scale
exploration, development,
and utilization of mineral
resources, with a term of
25 years from the date of
its issuance, and
renewable for another
term not exceeding 25
years
Environmental Protection
and Enhancement
Program (EPEP) (§ 69)
• Every contractor shall
undertake an EPEP
final cover/cap)
(f) Closure procedure
(g) Post-closure care
procedure
Operation (§ 42)
(a) Disposal site records
(b) Water quality
monitoring of surface and
ground waters and
effluent, and gas emissions
(c) Documentation of
approvals, determinations
and other requirements by
the Department
(d) Signs
(e) Monitoring of quality of
surface, ground and
effluent waters, and gas
emissions
(f) Perimeter barrier or
topographic constraints.
(g) Roads designed to
minimize the generation of
dust and the tracking of
material onto adjacent
public roads
(h) Sanitary facilities
(i) Safe and adequate
drinking water supply
(j) Communication
facilities
(k) Adequate lighting
during operations in the
darkness
(l) Safety equipment
(m) Adequate training
(n) Adequate supervision
(o) Attendant present
during public operating
hours or the site shall be
inspected by the operator
(p) Unloading of solid
wastes shall be confined to
a small area as possible
(q) Solid waste shall be
spread and compacted in
layers with repeated
passages of the landfill
equipment
(r) Covered surfaces of the
disposal area shall be
graded
(s) Cover material or
native material unsuitable
11 | T R A X notes
covering the period of the for cover, stockpiled on the
mineral agreement or site for use or removal,
permit, shall be placed

Environmental Clearance
Certificate (ECC) (§ 70)
• A document issued by
the gov’t agency concerned
certifying that the project
under consideration will
not bring about an
unacceptable
environmental impact and
that the proponent has
complied with the
requirements of the
environmental impact
statement system

SETTLEMENT OF
CONFLICTS
Panel of Arbitrators (§ 77)
• Exclusive and original
jurisdiction over:
(a) Disputes involving
rights to mining areas;
(b) Disputes involving
mineral agreements or
permits;
(c) Disputes involving
surface owners, occupants
and
claimholders/concessionai
res; and
(d) Disputes pending
before the Bureau and the
Department at the date of
the effectivity of this Act.
• Decision is appealable to
the MAB

Mines Adjudication Board

(MAB) (§ 79)
• Powers & Functions:
(a) Rules and regulations
governing the hearing and
disposition of cases before
it
(b) Administer oaths, issue
subpoenas, and testify in
any investigation or
hearing conducted in
pursuance of this Act
(c) Hear all matters within
its jurisdiction
12 | T R A X notes

RESEARCH E-Vehicles in Manila
JURISPRUDENCE (1) MMDA v. JANCOM
Environmental Corp.: The
ban on incineration under
Sec. 20 of RA 8749 refers
only to those burning
processes which emit
poisonous and toxic fumes,
which means that not all
burning processes are
prohibited.
(2) Technology Developer’s
Inc v. CA: While it is true
that the matter of
determining whether
there is a pollution of the
environment that requires
action is essentially
addressed to the DENR-
EMB, it must be recognized
that the mayor of a town
has as much responsibility
to protect its inhabitants
from pollution, and by
virtue of his police power,
he may deny the
application for a permit to
operate a business or
otherwise close the same
unless appropriate
measures are taken to
control and/or avoid
injury to the health of the
residents of the
community from the
emissions in the operation
of the business
Marilao River
(1) MMDA v. Concerned
Residents of Manila Bay:
Mandamus lies to compel
the MMDA to clean or
rehabilitate Manila Bay.
(2) Alexandra
Condominium v. LLDA: RA
4850, specifically
mandating the LLDA to
carry out and make
effective the declared
national policy of
promoting and
accelerating the
development and balanced
growth of Laguna Lake,
empowers the LLDA to
compel petitioner to
control and abate its waste
effluents and impose fines
on the latter therefor.
(3) Ortigas & Co. v. Feati
Bank: A contract
restricting the use of a
building to only residential
purposes cannot prevail
over a municipal
resolution passed thru a
valid exercise of police
power, declaring an area
(where the buildings are
located) to be an industrial
and commercial zone
(4) Shell Pilipinas v. Jalos: A
Aquaculture in Taal Lake
(1) LLDA v. CA: The power
of the LLDA for effective
regulation and monitoring
activities in the
management of Laguna
Lake, an exercise of police
power, reigns supreme
over the power granted to
the local government units
under the LGC, the same
for mere revenue, and
therefore, the power to
issue permits and grant
privileges concerning
Laguna Lake rests with the
LLDA, to the exclusion of
LGUs.
(2) Roldan v. Arca: Search
and seizure without
warrant of vessels, which
is a traditional exception
of the warrant
requirement because of its
mobility to be moved out
of the locality, applies to
fishing vessels breaching
our fishery laws.
(3) Hizon v. CA: Search of
vessels and high-speed
boats are well within the
exceptions of the
constitutional requirement
of a search warrant, for
practicality, because of its
ability to elude the
Baguio City Forest Reserve
(1) Ysmael v. Exec. Sec.:
Timber licenses, permits,
and license agreements
are not contracts within
the purview of the non-
impairment clause in the
Constitution.
(2) Yngson v. Sec. of
Agriculture and Natural
Resources: The Bureau of
Fisheries has no
jurisdiction to administer
and dispose of
swamplands or mangrove
lands forming part of the
public domain while such
lands are still classified as
forest land or timberland
and not released for
fishery or other purposes.
(3) Tan v. Dir. of Forestry:
While under the RAC,
timber licenses are to be
issued by the Dir. of
Forestry, still, since he is
under the authority of the
Sec. of Agriculture and
Natural Resources, the
latter has the authority to
revoke, on valid grounds,
timber licenses issued by
the former.
(4) Paat v. CA: Under Sec.
68-A of the DENR charter,
• Decision is appealable to
the SC by way of petition
for review on certiorari
INCENTIVES
• Fiscal and non-fiscal
incentives under the
Omnibus Investments
Code of 1987 (§ 90)
• Pollution control devices
shall not be subject to real
property and other taxes
or assessment (does not
include payment of mine
wastes and tailing fees) (§
91)
Quarrying in Norzagaray
(1) La Bugal-B’Laan Tribal
Assn. v. Ramos: Since
foreign corporations
cannot own, manage, or
participate in mining
agreements except to
render financial or
technical assistance, an
FTAA entered into by a
foreign corporation should
be limited to technical or
financial assistance only.
(2) Lepanto Consolidated
Mining Co. v. WMC
Resources: RA 7942,
requiring the approval of
the Pres. for the transfer or
assignment of an FTAA,
cannot be applied
retroactively to Columbio
FTAA (which was executed
prior to the effectivity of
the Act) as it would be
tantamount to a
substantial impairment of
an obligation under the
contract, and since
nowhere in the Act is it
stated that it can be
applied retroactively.
(3) Carpio v. Sulu
Resources Dev’t Corp.:
Decisions and final orders
of the Mines Adjudication
Board (MAB) are
San Mateo Sanitary
Landfill
(1) Prov. of Rizal v. Exec.
Sec.: Proc. 635, setting
aside parts of the Marikina
Watershed Reservation for
use as a sanitary landfill
and similar waste disposal
applications, is declared
illegal for, among others,
violating Sec. 40 of RA
9003, providing that the
site of landfills must be
located in an area where
the landfills operation will
not detrimentally affect
environmentally sensitive
resources such as aquifers,
groundwater reservoirs or
watershed areas.
Mt. Banahaw-San Cristobal
Protected Landscape
(1) PICOP Resources v. Base
Metals Minerals Resources:
Sec. 19(f) of RA 7586 does
not disallow mining
applications in all forest
reserves but only those
proclaimed as watershed
forest reserves.
Mampueng Tribe
(Olongapo City)
(1) Cruz v. Sec. of DENR:
Since the required
majority vote cannot be
obtained (7-7 [Buena, De
Leon, Gonzaga-Reyes,
Melo, Panganiban, Pardo,
and Vitug ― Davide, Jr.,
Bellosillo, Kapunan,
Mendoza, Puno,
Quisumbing, and
Santiago]), even after the
redeliberation, the
constitutionality of IPRA is
upheld.
(2) Atitiw v. Zamora: The
special provisions in the
GAA, as well as the IRR of
said special provisions,
providing the deactivation
of CAR bodies and the
reduction of its budgetary
allocation, did not have the
effect of abolishing the
CAR, only the
discontinuance of its
programs and activities.
(3) Acting Registrars v.
RTC: A decision, denying a
petition for reconstitution
of lost duplicate owner’s
copy because the mother
title has been duly
cancelled, is conclusive not
only as to the parties
therein but also as to the
13 | T R A X notes
 valid judgment for authorities. the Sec. and his duly appealable to the CA under existing status of the
(3) AC Enterprises v. damages can be made in authorized representatives Rule 43 of the 1997 ROC. property subject therein.
Frabelle Properties Corp.: favor of Jalos, et al., if the (4) Comm. of Customs v. are given the authority to
The PAB has no primary construction and CA: The BOC, by virtue of confiscate and forfeit any
jurisdiction over the noise operation of the pipeline warrants of seizure and conveyances utilized in
of the blowers of the indeed caused fish decline detention, may detain or violating the RFC, or other
airconditioning system and eventually led to the impound vessels violating forest laws, rules and
complained of, since the fishermen’s loss of income, rules and laws applicable, regulations.
case is more of an as alleged in the complaint. to the exclusion of any
abatement of a nuisance, courts which may take (5) Mustang Lumber v. CA:
cognizable under the RTC, jurisdiction. Lumber is a processed log
rather than a pollution or timber, and is thus not
case. excluded from the
coverage of Sec. 68 of the
RFC, on penalizing
possession thereof without
the required legal
documents.
CONSTITUTIONAL PROVISIONS/OTHERS
(1) Magallona v. Ermita: RA 9552, enacted to comply with UNCLOS III, which shortened 1 baseline, optimized the location of some basepoints around the archipelago, and classified adjacent territories (like the Kalayaan Island Group and
Scarborough Shoal) as regimes of islands whose islands generate their own applicable maritime zones, is constitutional, and in fact, increased the Philippines’ total marine space by 145,216 sq. nautical miles.

(2) Henares v. LTFRB: LTFRB and DOTC cannot be compelled to require PUVs to use CNG through mandamus, since the Constitution and the Clean Air Act are both general mandates that do not specifically prescribe the use of any kind of
fuel, particularly the use of CNG by public vehicles.

(3) Oposa v. Factoran, Jr.: Petitioners’ personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility (i.e., every generation has a responsibility to the next to preserve that
rhythm and harmony for full enjoyment of a balanced and healthful ecology) insofar as the right to a balanced and healthful ecology is concerned.

(4) Cariño v. Insular Gov’t: When, as far back as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest,
and never to have been public land (native title).

(5) SJS v. Atienza: Mandamus lies to compel a City Mayor to enforce an ordinance reclassifying an area from industrial to commercial and directing the owners and operators of businesses disallowed therein to cease and desist from
operating their businesses within 6 months from the date of effectivity of the ordinance

(6) Chavez v. PEA: A stipulation in a joint venture agreement that would transfer the subject reclaimed lands to a private corporation is void for being contrary to Sec. 3, Art. XII of the 1987 Constitution.

(7) Tano v. Socrates: Since one of the devolved powers of LGUs under the LGC is the enforcement of fishery laws in municipal waters, the ordinance banning the shipment of all live fish and lobster outside Puerto Prinsesa for 5 years and a
resolution prohibiting the catching, gathering, possessing, buying, selling, and shipment of several species of live marine coral-dwelling aquatic organisms for 5 years, are valid.

(8) Manila Prince Hotel v. GSIS: Art. XII, Sec. 10, par. 2 of the 1987 Constitution, providing for the preference to qualified Filipinos, in the grant of rights, privileges, and concessions covering the national economy and patrimony, is a self-
executing provision.

(9) Miner’s Association of the Philippines v. Factoran, Jr.: The State, in the exercise of its police power, may not be precluded by the constitutional restriction on non-impairment of contract from altering, modifying and amending the mining
leases or agreements granted.

(10) Alvarez v. PICOP Resources: Licenses concerning the harvesting of timber in the country's forests are but a mere privilege granted by the State, and cannot be considered contracts.

(11) Alcantara v. Commission on Settlement of Land Problems: The cancellation of an FLGLA that was granted in violation of Sec. 1 of PD No. 410 (which provides that all unappropriated agricultural lands forming part of the public domain
are declared part of the ancestral lands of the indigenous cultural groups occupying the same, and these lands are further declared alienable and disposable, to be distributed exclusively among the members of the indigenous cultural
group concerned) is proper.

(12) Cheesman v. IAC: A land sold to spouses where one is an alien cannot be held to be conjugal property, for to do so would be to give the alien spouse a substantial interest and right over the land which the Constitution prohibits him
from having.

(13) Corpuz v. Sps. Grospe: The voluntary surrender or waiver of land reform rights in favor of the Samahang Nayon is valid because such action is deemed a legally permissible conveyance in favor of the government, pursuant to PD 27,
14 | T R A X notes
which provides that title to land acquired pursuant to the land reform program shall not be transferrable except through hereditary succession or to the government.

(14) People v. Maceren: Fisheries Administrative Order No. 84-1, penalizing electro-fishing in fresh water fisheries, is void since the Sec. of Agriculture and Natural Resources is without authority to issue the same sans the express
prohibition of electro-fishing under the Fisheries Law (NOTE: this was decided under the old Fisheries Law, the present law [Philippine Fisheries Code of 1998, as amended] penalizes electro-fishing).
MIDTERMS
(1) Republic v. Lee: The bare assertion that respondent’s predecessors-in-interest had been in possession of the property for more than 20 years found in respondent’s declaration is hardly the “well-nigh incontrovertible” evidence
required in cases of this nature.

(2) Reynante v. CA: An accretion (by alluvion) to registered land does not preclude acquisition of the additional area by another person through acquisitive prescription, should the owner fail to register such within the period prescribed
by law.

(3) Sec. of DENR v. Yap: In keeping with the presumption of state ownership, there must be a positive act of the government, such as an official proclamation, declassifying inalienable public land into disposable land for agricultural or
other purposes before such land becomes alienable and disposable.

(4) Junio v. De los Santos: Resort to Sec. 110 (adverse claim) instead of Sec. 57 (annotation of transfer) of the Land Registration Act is proper where there is refusal to surrender the owner’s duplicate certificate.

(5) Vda. de Arceo v. CA: PD 1529 confers upon the trial courts the authority to act not only over applications for original registration, but also over all petitions filed after original registration of title, with power to hear and determine all
questions arising from such applications or petitions.

(6) Krivenko v. RD: An alien cannot acquire residential lands under the Constitution, since the prohibition therein (Sec. 1, Art. XIII, 1935 Constitution), is construed as including residential lands.

(7) Halili v. CA: A prior invalid transfer of land to an alien, contrary to Sec. 5, Art. XII of the 1987 Constitution, can no longer be assailed when the disputed land falls unto the hands of a qualified Filipino.

(8) De Castro v. Tan: A sale of land to an alien can no longer be annulled on the ground of a violation of the Constitution where the subject land has already become the property of a naturalized Filipino.

(9) Republic v. IAC: A conveyance of a residential land to an alien prior to his naturalization is valid upon his acquisition of Philippine citizenship.

(10) Republic v. Manna Properties: The non-compliance of the jurisdictional requirement for original registration on the conduct of hearing, which shall not be earlier than 45 days but not later than 90 days from the issue of order of the
initial hearing (Sec. 23 of PD 1529), attributable not the applicant but to the LRA, does not prejudice said applicant.

(11) Baranda v. Gustilo: The duty of an RD to annotate or annul a notice of lis pendens in a Torrens certificate of title is ministerial in nature.

(12) Almirol v. RD: The RD is entirely precluded by Sec. 4, RA 1151 from exercising his personal judgment and discretion when confronted with the problem of whether to register a deed or instrument on the ground that it is invalid, and
his recourse is merely to submit and certify the question to the Commissioner of Land Registration, who shall, after notice and hearing, enter an order prescribing the step to be taken on the question.

(13) Worcester v. Ocampo: Since under the Torrens system, a deed of transfer produces no effect except from the moment of registration (Sec. 51 of Art 496), a levy and sale by the sheriff, conducted after the execution of the deed of sale
but registered first, takes precedence over the latter.

(14) Sps. Vallido v. Sps. Pono: Although it is a recognized principle that a person dealing on a registered land need not go beyond its certificate of title, it is also firmly settled rule that where there are circumstances which would put a party
on guard and prompt him to investigate or inspect the property being sold to him, such as the presence of occupants/ tenants thereon, it is expected from the purchaser of a valued piece of land to inquire first into the status or nature of
possession of the occupants; and failure to do so would mean negligence on his part that would preclude him from invoking the rights of a purchaser in good faith.

(15) De Leon v. Ong: A buyer who was not aware of any interest in or a claim on the properties other than a mortgage which she undertook to assume is a buyer in good faith.

(16) Gustilo v. Maravilla: Since the Land Registration Act only protects the holder in good faith and cannot be used as a shield for frauds, a purchaser who was aware of the existence of a lease on the subject property is bound to respect the
same, notwithstanding the absence of annotation of such lease.

(17) Hernandez v. Vda. de Salas: Since registration is the operative act that gives validity to the transfer, or creates a lien on the land, and because a purchaser, on execution sale, is not required to go behind the registry to determine the
conditions of the property, a purchase made prior to the execution sale but was never registered must give way to the registered execution sale.

(18) Ruiz v. CA: Knowledge of a prior unregistered interest has the effect of registration.

(19) Bureau of Forestry v. CA: Classification or reclassification of public lands into alienable or disposable, mineral or forest lands is now a prerogative of the Executive Department of the government, through the Office of the President,
and not of the courts.

15 | T R A X notes