ENVIRONMENTAL LAWS CHAPTER 3
Establishment of wood processing plants
PD 1151- Philippine Environmental Policy
- Signed by former President Ferdinan E.
Marcos Sr. last June 6, 1977
1. Create, develop, maintain and
environmental conditions.
2. Fulfil social, economical requirements for
present and future generations of Filipinos.
3. Ensure the attainment of an environmental
quality.
GOALS: SECTION 2 of PD 1151
1. Assure the people of a safe, decent,
healthful, productive and
environment.
2. Encourages the widest exploitation of the
environment
3. Preserves important historic and cultural
aspects of the Philippine heritage
4. Utilization of renewable and non-renewable
resource
RIGHT TO HEALTHFUL ENVIRONMENT
1. PD 1151 promotes and recognizes the right
of every Filipino person to a healthful
environment. (SEC 3, PD 1151)
2. PD 1151 requires all agencies
instrumentalities of the national government
and such to prepare and file and include the
quality of the environment in a detailed
statement. (SEC 4, PD 1151)
PD 705- Revised Forestry Code of the Philippines
- Signed by former President Ferdinand
Marcos Sr. last May 19, 1975.
- To revised PD 389: Forestry Reform Code
of the Philippines
Philippine Policy on Forestlands
SECTION 2, PD 705
1. Multiple use of forest lands shall be oriented
2. Land classification and survey
systemized
3.
4. Rehabilitation and protection of forest lands
TYPES OF LANDS: Section 3, PD 705
1. Alienable and Disposable lands- lands of
the public down which have been the subject
improve of the present system classification.
2. Forest Lands-
Public Forest- not subject of present system
classification
Permanent Forest or Forest Reserves- are
subject of the present system classification.
3. Mangrove- occurring on tidal flat along the
sea coast
4. Dipterocarp Forest- forest dominated by
trees of dipterocarp species (red lauan,
aesthetic tanguile, tiaong, almom, bagtikan)
5. Pine Forest- predominantly of pine trees
6. Forest Reservation- forest reserved by the
President of the Philippines
National Park- primitive and wilderness
character to preserve scenery and historic
objects and such
Game Refuge or Bird Sanctuary- forest
designated for the protection of Game
Animals closed to hunting and Fishing
Watershed Reservation- to improve the
conditions of the water yield.
Grazing Land- portion which has been set
aside in view of the suitability for raising
and livestock
Mineral Lands- have been classified as such
by the SECRETARY OF NATURAL
RESOURCES.
AREAS NEEDED FOR FOREST PURPOSES
Section 16, PD 705-even if they are 18% in slope,
are need for forest purposes and not been classified
as alienable or disposable land/
1. Areas Less than 250 hectares
2. Isolated patches of forest of at least 5
hectares
3. Areas which have already been reforested
4. Areas located road rights or way.
5. Twenty-meter strips of lands along the edge
of the high waterline
6. Strips of mangrove or swamplands
are 7. Areas proclaimed by the Ph President
LANDS TO BE REFORESTEd (SEC.33, PD 705)
1. Public Forest SECTION 26, RA 7942- government giving
a. Brushlands exclusive right to contractor to conduct mining
b. Denuded Timbered Areas operations
c. Stock forests 1. Mineral Production Sharing Agreement
d. Riverbanks, easements, deltas, right (MPSA)- an agreement where government
of ways, river beds and beaches grants the contractor the exclusive right to
2. Private Lands conduct mining operations
2. Co-Production Agreement- agreement of
CRIMINAL OFFENSES UNDER PD 705- government and contractor wherein
1. Cutting, gathering or collecting Timber government shall provide inputs in the mining
Without Licence (Section 77, PD 705). operation.
2. Unlawful Occupation or Destruction of 3. Joint Venture Agreement- agreement of
Forest Lands and Grazing Lands- who government and contractor with both parties
makes, possesses, enters KAINGIN for having equity shares.
private use (SEC. 78, PD 705)
3. Illegal Occupation of National Parks SECTION 33, RA 7942
System And Recreation Areas and 1. FINANCIAL OR TECHNICAL ASSISTANCE
Vandalism- who occupies portions of AGREEMENTS (FTAAs) - a qualified person
national parks or destroy it without a permit with financial capability to undertake
for any length of times (SEC 80, PD 705) large-scale exploration of mineral resources
4. Destruction of Wildlife Resources-violating in the Philippines
the conservation and preservation of wildlife -100% foreign ownership of mining projects.
(SEC 81. PD 705)
5. Illegal Scale of Wood Products- who sell or SECTION 18, RA 7942- all mineral resources of
offer sale any log or wood products in the public or private lands are open to mineral
international market without grading rules agreements or FTAAs
(SEC. 88, PD 705)
SECTION 19, RA 7942- areas where no mining is
RA 7942- Philippine Mining Act of 1995 allowed
1. Military or government reservations
-signed by former President Fidel V. Ramos last 2. Near or under private or public buildings,
March 3, 1995 cemeteries, historic sites
-main policy which governs all mining operations in 3. Areas covered by existing mining rights
the country. 4. Areas prohibited by the law
5. Areas covered by small-scale miners
Philippine Mining Policy- 6. Old growth or virgin forest, watershed forest
7. Areas listed under NIPAS LAW
1. Mining Operation- mining activities involving
exploration, utilization, development and SECTION 16, RA 7942- no ancestral land shall be
processing in SEC. 3, RA 7942 opened for mining operations without prior consent of
the indigenous cultural community concerned.3
SECTION 2, RA 7942
1. Exclusive economic zones of the Philippines TYPES OF PERMITS FOR MINING OPERATIONS
are owned by the state.
2. Responsibility of the state to promote rational 1. Exploration Permit- Section 20- rights to
exploration combined efforts of the conduct exploration in specified areas
government and private sector. Sec 21, 2 years of annual review
3. To enhance national growth to safeguard
environment
 2. Quarry Permit- document granted to a
qualified person for extraction of quarry
resources. SECTION 3
Quarrying- process of extracting or removing
quarry resources found under surface
(SECTION 3)
It has a term of 5 years, renewable periods not to
exceed a total term of 25 years (SECTION 43, RA
7942)
3. Commercial Sand and Gravel Permit- to
extract and remove sand and gravel or loose
or unconsolidated materials SECTION 46
4. Industrial Sand and Gravel Permit- granted
by the Bureau to extract sand and gravel for
the purpose of mechanical processing
covering no more than 5 hectares (SECTION
47)
5. Exclusive Sand And Gravel Permit-
granted to qualified person by the provincial
governor to quarry sand and gravel for own
use SECTION 48
6. Government Gratuitous Permit-granted to
government entity by the provincial governor
to extract sand and gravel for construction of
buildings SECTION 49
7. Private Gratuitous Permit- granted to an
owner of land by the provincial governor to
extract sand and gravel for public use or
infrastructure over an area of not more than 2
hectares SECTION 50
8. GUANO PERMIT- to extract and utilize
unconsolidated guano of fertilizer materials
SECTION 51-
9. Gemstone Gathering Permit- to gather
loose stones useful as gemstones in rivers
and other locations SECTION 52
10. OreTransport Permit- specifying the origin
and quantity of non-processed mineral ores
for transport issued by the mines regional
director SECTION 53
11. Minerals Processing Permit- granted by the
Secretary to conduct mineral processing
operations SECTION 3
CRIMINAL OFFENSES UNDER RA 7942
1. False Statements- presenting false
application and statements relating to mining
operations and agreements (SECTION 101)
2. Illegal Exploration- undertaking mining
exploration without permit (SECTION 102)
3. Theft of Minerals- extracting minerals
without mineral agreement, permit or lease or
steals of minerals (SECTION 103)
4. Destruction of Mining Structures-
destroying or damaging structures in mining
areas (SECTION 104)
5. Mines Arson- sets fire to any mineral
stockpile, workings and such (SECTION 105)
6. Willful Damage to a Mine- willfully damages
a mine or causes water to run into a mine or
destroys machine (SECTION 106)
7. Illegal Obstruction to Permittees or
Contractor- person who prevents or obstruct
the holder of permit or agreement to conduct
mining operations without justifiable cause
(SECTION 107)
8. Violation of the Terms and Conditions of
the Environmental Compliance Certificate-
who willfully violates to abide the terms and
conditions of ECC or environmental
compliance certificate (SECTION 108)
9. Illegal Obstruction to Government
Officials- who illegally obstruct the Secretary
or Director or representative of government
(SeCTION 109).
RA 7076- People’s Small-Scale Mining Act of
1991
- Enacted last June 27, 1991
- Establishes a small scale mining program to
generate more employment opportunities and
provide equitable sharing to the nation.
People’s Small Scale Mining Program
SECTION 3, RA 7076- Small scale mining refers to
mining activities which rely heavily on manual labor
and use of simple instruments and methods.
SECTION 4, RA 7076- PSSM is designed to
achieve systematic and rational schemes for the
small scale development of mineral resources.
SECTION 7, RA 7076- no ancestral land may be
declared in the PSSM area without the prior consent
of the cultural communities concerned.
PSSM CONTRACT- refers to co-production, joint
venture or agreements between the State and small
scale mining contractor- SECTION 3
SECTION 9, RA 7076- Agreements awarded by the
Board
SECTION 13, RA 7076- term of 2 years renewable
subject to verification by the Board
SECTION 3, RA 7076- Small Scale Miners refers to
Filipino citizens who voluntarily form a cooperative
duly licensed by the DENR
DUTIES AND RESPONSIBILITIES OF SMALL
SCALE MINERS- . SECTION 13, RA 7076-
1. Undertake mining activities only
accordance with a mining plan approved by
the Board
2. Abide by the mines and Geosciences Bureau
3. Comply obligations in mining rights
4. Pay all taxes and royalties
5. Comply with pertinent rules and regulations
6. File under oath at the end of each month a
detailed production and financial report
7. Assumes responsibility for the safety of
persons working in the mines.
RA 9175- CHAINSAW ACT OF 2002
- Signed by the former President Gloria
Macapagal Arroyo last November 7. 2002
- An act penalizing violations and regulating
ownership and use of chainsaws in the
Philippines
SECTION 2, RA 9175- the objective of the Act is to
conserve, develop and protect the forest resources
under a sustainable management.
SECTION 3, RA 9175- Chainsaw refers to any
portable power saw or similar cutting implement and
rendered operative by an electric or internal
combustion engine.
PERSONS AUTHORIZED TO POSSESS AND USE
A CHAINSAW- SECTION 5, RA 9175
1. Person who has a subsisting timber license
agreement or sharing agreement
2. Orchard and fruit tree farmer
3. Industrial Tree Farmer
4. Licensed Wood Processor
5. Shall use the chainsaw for a legal purpose
SECTION 5- agencies of the government that use
chainsaws in some aspects must likewise secure the
necessary permit from the Department before
operating.
REGISTRATION of CHAINSAWS- SECTION 6- All
persons who own or possesses chainsaw must
in register with the same Department through any of its
Community Environment and Natural Resources
Officer which will then issue REGISTRATION
CERTIFICATE
SECTION 6- Person to possesses chainsaw shall
have a permit valid for 2 years.
Non-commercial orchard and fruit tree farmers
shall have a permit valid for 5 years.
PUNISHABLE ACTS UNDER RA 9175- SECTION 7
1. Selling, Purchasing, Distributing or
Possessing a chainsaw without a proper
permit- from DENR
2. Unlawful importation or Manufacturing of
Chain Saw without authorization from DENR
3. Tampering of Engine Serial Number-
person who deface or tampered the original
registered engineer serial numbers of any
chain saw unit
4. Actual Unlawful use of Chainsaw-
possession of chainsaws and use to cut trees
and timber without authorization by the
DENR.