LAW ON NATURAL RESOURCES
Part I Public Land Act (Commonwealth Act. No. 141)
Governing Law
CA No. 141, otherwise known as “The Public Land
Act”, was enacted on November 07, 1936.
Its provisions apply to lands of the public domain; but
timber and mineral lands are governed by special laws.
Policy Considerations
The Department of Environment and Natural Resources
(DENR) shall be in charge in carrying out the State’s
constitutional mandate to control and supervise the
exploration, development, utilization, and conservation of
the country’s natural resources.
Regalian Doctrine
Under Section 2, Article XII of the Constitution embodies
the Regalian Doctrine – all lands of the public domain
belong to the State – the source of any asserted right to
ownership of land.
With the exception of agricultural lands, all other natural
resources shall not be alienated.
The Regalian Doctrine reserves to the State all natural
wealth that may be found in the bowels of the earth even
if the land where the discovery is made be private.
Imperium and Dominium
Imperium – the government’s concept of sovereignty
over public land;
Dominium – the government’s capacity to own or
acquire property.
The Indigenous Peoples Rights Act (IPRA) of 1997
Under RA No. 8371 (IPRA), indigenous peoples may
obtain the recognition of their right of ownership over
ancestral lands and ancestral domains by virtue of native
title.
Organizational Structure
The Public Land Act provides that the Secretary of the
DENR is the executive officer charged with carrying out
the provisions of the Public Land Act, through the
Director of Lands.
The decision of the Director of Lands may be annulled or
reviewed when issue involves the question of law or
based upon a misconstruction of the law. However, a
question of fact is conclusive and not subject to be
reviewed by the courts.
Under EO No. 192, the newly created Lands
Management Bureau (LMB) as headed by a Director,
shall advise the DENR Secretary on matters pertaining
to rational land classification management and
disposition
Doctrine of Primary Jurisdiction
Courts cannot and will not resolve a controversy
involving a question which is within the jurisdiction of
an administrative tribunal, especially where the question
demand the exercise of sound administrative discretion
requiring the special knowledge, experience and
services of the administrative tribunal to determine
technical and intricate matters of fact.
Exhaustion of Administrative Remedies
As a general rule, recourse through court action cannot
prosper until all remedies have been exhausted at the
administrative level.
Classification of Lands
Government lands are classified into two:
1. Lands of the public domain – either alienable or
inalienable.
2. Lands of private domain – lands belonging to and
owned by the State as a private individual, without being
devoted for public use.
Under the Civil Code, government lands can either
be:
1. Properties of the public dominion – those intended for
public use.
2. Patrimonial properties of the State – not or no longer
intended for public use.
Under the 1987 Constitution, lands of public domain are
classified into four (4) categories:
1. Agricultural
2. Forest or timber
3.Mineral
4. National parks
Of the four, it is only the agricultural lands may be
disposed in accordance with law.
Classification of Lands Under the Public Land Act
1. Alienable or disposable lands
2. Timber lands
3. Mineral lands
The President may at any time and in a like manner
transfer such lands from one class to another, for the
purposes of their administration and disposition.
Classification of Public Lands Open to Disposition
1.Agricultural
2.Residential, commercial, industrial, or for similar
productive purposes
3.educational, charitable, or other similar purposes
4. Reservations for town sites for public and quasi-public
uses.
Classification of Lands an Executive Prerogative
Before the government could alienate or dispose of
lands of the public domain, the President (thru the
DENR) must first officially classify these lands as
alienable or disposable.
“Government Land” and “Public Land”
Distinguished
The two are not synonymous terms; the first includes not
only the second, but also other lands of the government
already reserved or devoted to public use or subject to
private right.
Modes of Disposition
No Public Land can be Acquired Except by a Grant from
the State
It is indispensable that there be a showing of Title from
the State that may come in the form of a homestead,
sales or free patent or grant.
Only Alienable and Disposable (A&D) may be the
Subject of Disposition
Occupation thereof in the concept of owner, no matter
how long, cannot ripen into ownership and be registered
as a title.
The applicant’s remedy lies in the release of the property
from its present classification.
Specific Modes of Disposition
Public lands suitable for agricultural purposes can
be disposed of only as follows:
1. For homestead settlement
2. By sale
3.By lease, and
4. By confirmation of imperfect or incomplete titles:
a. by judicial legalization – may apply to the Regional
Trial Court where the land is located for the confirmation
of their claims and the issuance of a certificate therefore,
under the Property Registrration Decree.
b. by administrative legalization (free patent) – any
natural-born citizen of the Philippines who is not the
owner of more than 12 hectares, and who, for at least 30
years prior to the effectivity of the amendatory act, has
continuously occupied and cultivated a tract or tracts of
land for disposition, who shall have paid the real estate
tax land subject to disposition.
For homestead settlement
· Any citizen of the Philippines
· Over the age of 18 or head of the family
· A homestead of the not exceeding 12 hectares
· Applicant must have cultivated and improved at least
one fifth of the land continuously
· Resided at least one year in the municipality
Homestead patent granted has the force and effect
of a Torrens title.
Sale of public agricultural lands
· Any citizen of the Philippines
· Of lawful age or head of the family
· Applicant may purchase not to exceed 12 hectares
which shall be sold thru sealed bidding
The purchase price may be paid in full or in not more
then 10 annual equal installments from the date of
the award.
Lease
· Any citizen of the Philippines
· Of lawful age; and
· Any corporation of which at least 60% of the capital
stock belong wholly to the citizens of the Philippines
Non-registrable Properties
1. Property of public dominion
· Intended for public use
· Intended for some public service
2. Forest lands
3.Watersheds
4. Mangrove swamps
5. Mineral lands
6. National parks
7.Military or naval reservation
8.Foreshore and reclaimed lands
9.Submerged areas
10.Lakes
11.Navigable rivers
12.Creeks
13. Reservations for public and semi-public purposes
Classification and Disposition of Lands for
Residential, Commercial or Industrial Purposes
1. Lands reclaimed by the government by dredging,
filling, or other means
2. Foreshore;
3. Marshy lands or lands covered with water bordering
upon the shores or banks of navigable lakes or rivers;
4. Lands not included in any of the foregoing classes.
The lands comprised in classes 1,2, and 3 shall be
disposed of to private parties by lease only.
Conditions of the Lease
The lessee shall construct permanent improvements
appropriate for the purpose, shall commence the
construction within 6 months from the date of the award.
At the expiration of the lease, all improvements made by
the lessee shall become the property of the Government.
Lands for Residential, Commercial or Industrial
Purposes Shall be Disposed of through Oral Bidding
(Except direct sale)
Sale of Lands Within Military Reservations
Priority shall be given to bona fide occupants and then to
war veterans.
Cadastral Registration Proceedings
The cadastral system of registration constitutes another
means of bringing lands under the operation of the
Torrens system. The purpose is to serve public interests
by requiring that the titles to such lands “be settled and
adjudicated.”
Friar Lands
The so-called friar lands were purchased by the
government for sale to actual occupants. These lands
are not public lands but private or patrimonial property of
the government and their acquisition is not governed by
the provisions of CA 141 (Public Land Act).
Action for Reversion
Director of Lands has Continuing Authority to Investigate
Fraudulent Issuance of Patents
Government Initiates an Action for Cancellation of Title
and Reversion
Lands of the public domain fraudulently awarded to the
applicant may be recovered or reverted back to its
original owner, the government. An action for reversion
has to be instituted by the Solicitor General.
Action for Nullity of Land Titles Distinguished from
Reversion
Nullity of land is based on the fact that the land is
beyond the jurisdiction of Director of Lands to bestow
Reversion of land is based on fraudulent claim
Prohibited Alienations
No alienation, transfer, or conveyance of any homestead
after 5 years and before 25 years after issuance of title
shall be valid without the approval of the Secretary of
DENR.
Procedure, Legal Restrictions and Encumbrances
1.The full name of applicant, his age, place of birth,
citizenship, civil status, and post-office address.
2. That the applicant has all the qualifications.
3. That he has none of the disqualifications.
4. That the application is made in good faith.
5. That the application is made for the exclusive benefit
of the applicant
6. Accurate description of the land.
7. Whether all or part of the land is occupied or
cultivated or improved.
8. That the land applied for is neither timber or mineral.
In case of death of applicant or grantee before the
issuance of the patent or final grant of the land, he shall
be succeeded by his heirs in law.
All other natural resources shall remain with the State.
Land is subject of public servitudes, right of way not
exceeding 20 meters in width.
Private corporations disqualified from acquiring
lands of the public domain except by lease for a
period not exceeding 25 years, renewable for not
more than 20 years and not to exceed one thousand
hectares in area.
Part II Revised Forestry Code (Presidential Decree
No. 705)
Governing Law
PD 705, otherwise known as the “Revised Forestry Code
of the Philippines,” is the law governing the management
and utilization of forest lands.
The law places emphasis not only on the utilization of
forest resources but more so on the protection,
rehabilitation and development of forest lands, in order
to ensure the continuity of their productive condition.
Definition of Terms
(a) Public forest – is the mass of lands of the public
domain which has not been the subject of present
system of classification.
(b) Permanent forest or forest reserves – refer to those
lands of the public domain which have been the subject
of the present system of classification and determined to
be needed for forest purposes.
(c) Alienable and disposable lands – refer to those lands
of the public domain which have been the subject of the
present system of classification and declared as not
needed for forest purposes.
(d) Forest lands – include the public forest, permanent or
forest reserves, and forest reservations.
(e) Grazing land – refers to that portion of the public
domain which had been set aside for the raising of
livestock.
(f) Mineral lands – refer to those lands of the public
domain which have been classified as such by the
Secretary of Natural Resources in accordance with
prescribed and approved criteria, guidelines and
procedure.
(g) Forest reservations – refer to forest lands which have
been reserved by the President of the Philippines for any
specific purpose or purposes.
(h) National park – refers to a forest land reservation
which has been withdrawn from settlement or occupancy
and set aside as such exclusively to preserve the
scenery, the natural and historic objects and the wild
plants and animals therein, and to provide enjoyment of
these features in such a manner as will leave them
unimpaired for future generations.
(i) Game refuge or bird sanctuary – refers to a forest
land designated for the protection of game animals, birds
and fish and closed to hunting and fishing in order that
the excess population may flow and restock surrounding
areas.
(j) Marine parks – refer to any off-shore area inhabited
by rare and unique species of marine flora and fauna.
(k) Seashore park – refers to any public shore area
delimited for outdoor recreation, sports fishing,
waterskiing and related healthful activities.
(l) Watershed reservation – is a forest land reservation
established to protect or improve the conditions of the
water yield thereof or reduce sedimentation.
(m) Watershed – is a land area drained by a stream or
fixed body of water and its tributaries having a common
outlet for surface run-off.
(n) Critical watershed – is a drainage area of a river
system supporting existing and proposed hydro-electric
power and irrigation works needing immediate
rehabilitation as it is being subjected to a fast denudation
causing accelerated erosion and destructive floods. It is
closed from logging until it is fully rehabilitated.
(o) Mangrove – is a term applied to the type of forest
occurring on tidal flat along the seacost.
(p) Kaingin – is a portion of the forest land which is
subjected to shifting and/or permanent slash-and-burn
cultivation having little or no provision to prevent soil
erosion.
(q) Forest product – means timber, pulpwood, firewood,
bark, tree top, resin, gum, wood, oil, beeswax, honey,
rattan, or other forest growth, the associated water, fish,
game, scenic, historical, recreational and geologic
resources in forest lands.
(r) Industrial tree plantation – is any tract of forest land
purposely and extensively planted to timber crops
primarily to supply the raw material requirements of
existing or proposed processing plants and related
industries.
(s) Tree farm – refers to any tract of forest land
purposely and extensively planted to trees of economic
value for their fruits, flowers, leaves, barks, or
extractives, but not for the wood thereof.
(t) Selective logging – means the systematic removal of
the mature, over-mature and defective trees in such a
manner as to leave adequate number and volume of
healthy residual trees of the desired species for the
protection and conservation of soil and water.
(u) Lease – privilege granted by the State to a person to
occupy and possess, in consideration of specified rental,
any forest land of the public domain in order to
undertake any authorized activity therein.
(v) License – is a privilege granted by the State to a
person to utilize forest resources, without any right of
occupation and possession over the same.
(w) License agreement – is a privilege granted by the
State to a person to utilize forest resources, without any
right of occupation and possession over the same, but
with the obligation to develop, protect, and rehabilitate
the same in accordance with the terms and conditions
set forth in said agreement.
(x) Permit – is a short-term privilege or authority granted
by the State to a person to utilize any limited forest
resources without any right of occupation and
possession therein.
(y) Ecosystem – means the ecological community
considered together with non-living factors and its
environment as a unit.
(z) Silviculture – is the establishment, development
reproduction and care of forest trees.
(aa) Private right – refers to titled rights of ownership
under existing laws, which possession may include
places of abode and worship, burial grounds, and old
clearings, but excludes production forest inclusive of
logged-over areas, commercial forests and established
plantations of forest trees and trees of economic value.
Organizational Structure
The Department of Environment and Natural
Resources; Mandate
It is DENR shall be primarily responsible for the
implementation of the policy of the State to ensure, for
the benefit of the Filipino people, the full exploration and
development as well as the judicious disposition,
utilization, management, renewal and conservation of
the country’s forest…
Policy determination by the executive branch on the
proper management of forest resources cannot as a rule
be inferred with by the courts. It is addressed to the
sound duiscretion of government agencies entrusted
with the regulation of activities coming under the special
technical knowledge and training of such agencies.
Forest Management Bureau is implementing the
provisions of the Code. It shall have jurisdiction and
authority over all forest land, grazing lands, and all forest
reservations including watershed reservations.
The Bureau is directly under the control and
supervision of the DENR Secretary.
The Bureau shall regulate the establishment and
operation of sawmills, veneer and plywood mills and
other wood processing plants.
All actions and decisions of the Bureau Director are
subject to review, motuproprio or upon appeal of any
person aggrieved thereby, by the DENR Secretary
whose decisions shall be final and executory after the
lapse of thirty (30) days from receipt of the aggrieved
party of said decision., unless appealed to the President
in accordance with EO No. 19, s. 1966.
Exhaustion of administrative remedies – it calls for
resort first to the administrative authorities in the
resolution of a controversy falling under their jurisdiction
before the same may be elevated to the courts of justice
for review.
It is an established doctrine that the decisions and
orders of administrative agencies have, upon their
finality, the force and binding effect of final judgment
within the purview of res judicata.
Res judicata – the rule forbids the reopening of a matter
once determined by competent authority acting within
their exclusive jurisdiction.
Laches – the failure or neglect for an unreasonable and
unexplained length of time to do that which by exercising
due diligence, could or should have been done earlier, or
to assert a right within a reasonable time, warranting a
presumption that the party entitled thereto has either
abandoned it or declined to assert it.
Jurisdiction
The Bureau has jurisdiction and authority over all forest
lands, grazing lands, and all forest reservations,
including watershed reservations presently administered
by other government agencies or instrumentalities.
Forest lands are within the exclusive jurisdiction of the
Bureau and beyond the power and jurisdiction of the
courts to register under the Torrens system.
Legality of the closure of a logging road is a judicial
question. It is beyond the power and authority of the
Bureau to determine the unlawful closure of a passage
way. Not every activity inside a forest area is subject to
the jurisdiction of the Bureau.
Classification of Surveys
Classification
The DENR Secretary shall study, 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.
Concept of Forests and Forest Lands
There is a big difference between “forest” as defined
in a dictionary and “forest or timberland” as a
classification of lands of the public domain in the
Constitution. One is descriptive of what appears on the
land while the other is a legal status, a classification for
legal purposes. Forests, in the context of both the Public
Land Act and the Constitution classifying lands of the
public domain do not necessarily refer to a large tract of
wooded land or an expanse covered by dense growth of
trees and underbrush.
Public forests or forests reserves are not capable of
private appropriation.
Unclassified land cannot be acquired by adverse
occupation or possession; occupation thereof in the
concept of owner, however long, cannot ripen ownership
and be registered as title.
Topography
No land of the public domain eighteen percent (18%) in
slope or over shall be classified as alienable and
disposable, nor any forest land fifty percent (50%) in
slope or over as grazing land.
Lands eighteen percent (18%) in slope or over which
have already been declared as alienable and disposable
shall be reverted to the classification of forest lands by
the DENR Secretary, to form part of the forest reserves,
unless they are already covered by existing titles or
approved public land applications or actually occupied
openly, continuously, adversely and publicly for a period
of not less than thirty (30) years of the effectivity of the
Code, where occupant is qualified for a free patent under
the Public Land Act (CA No. 141, as amended).
Areas Needed for Forest Purposes
The following lands, even if they are below 18 percent in
slope, are needed for forest purposes:
(a) areas less than 250 hectares which are far from, or
not contiguous with, any certified alienable and
disposable land;
(b) isolated patches of forest of at least five (5) hectares
with rocky terrain, or which protect a spring for
communal use;
(c) areas which have already been reforested;
(d) areas within forest concessions;
(e) ridge tops and plateaus found within, or surrounded
wholly or partly by, forest lands where headwaters
emanate;
(f) appropriately located road-rights-or-way;
(g) twenty meter strips of land along the edge of the
normal high waterline of rivers and streams with
channels of at least five (5) meters wide;
(h) strips of mangrove or swamplands at least twenty
(20) meters wide, along shorelines facing oceans, lakes
and other bodies of water; and strips of land at least
twenty (2) meters wide facing lakes;
(i) areas needed for other purposes, such as national
parks, etc.;
(j) areas previously proclaimed by the President as
forest reserves, national parks, etc.
The maximum period of any privilege to harvest timber is
25 years, renewable for a period, not exceeding
25years.
Timber utilization shall be limited to that which a person
may effectively utilize and develop for a period of 50
years.
Mangrove swamps are in the category of forest lands
and the Bureau of Fisheries and Aquatic Resources has
no jurisdiction to administer or dispose them.
Forest lands are not registrable until they are released
as disposable and alienable.
Any title issued on non-disposable lots even in the hands
of an alleged innocent purchaser for value, shall be
cancelled.
All roads and infrastructure constructed by holders of
license agreements, licenses, leases and permits belong
to the State.
Regalian Doctrine
Under Section 2, Article XII of the Constitution embodies
the Regalian Doctrine – all lands of the public domain
belong to the State – the source of any asserted right to
ownership of land. All lands not appearing to be clearly
of private dominion presumptively belong to the State.
Reservation of land, covered by a timber concession, for
experiment station vests in the grantee full ownership
thereof.
Utilization and Management
Preservation and protection of forests is in adherence to
public policy.
Principle of inter-generational responsibility. “…the
right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.” (Sec.
16, Article II of the Constitution. Every generation has a
responsibility to the next to preserve that rhythm and
harmony for the full enjoyment of a balanced and
healthful ecology.
A timber license is not a contract but a mere privilege
which does not create irrevocable rights.
Industrial tree plantations and tree farms
A lease for a period of twenty-five (25) years, renewable
for another period not exceeding twenty-five (25) years,
for the establishment of an industrial tree plantation or a
tree farm may be granted by the DENR, upon
recommendation of the Director with minimum area of
1,000 hectares for industrial tree plantation and 100
hectares for tree farm.
No lease shall be granted within critical watersheds.
Forest Protection
Control of Concession Area
Regulation of Timber Utilization in All Other Classes of
Lands and of Wood-processing Plants
Swamplands and Mangrove Forests
Visitorial Power
The DENR Secretary, by himself or through the Director
or any qualified representative, may investigate, inspect
and examine records and other documents relating to
the operation of a license agreement, license, lease or
permit, and its subsidiary or affiliated companies, to
determine compliance with the terms and conditions
thereof.
Authority of Forest Officers
When in performance of their official duties, forest
officers shall have free entry into areas covered by
license agreement.
Mining Operations
Location, prospecting, exploration, utilization or
exploitation of mineral resources in forest reservations
shall be governed by mining laws.
Mineral Reservations
Mineral reservations which are not the subject of mining
operations or where operations have been suspended
for more than five (5) years shall be placed under forest
management by the Bureau.
Special Uses
1. Pasture in Forest Lands
No forest land 50% in slope or over may be utilized for
pasture purposes.
2. Wildlife
The Director may regulate the killing and destruction of
wildlife in forest lands in order to maintain an ecological
balance of flora and fauna.
3. Recreation
4. Other Special Uses of Forest Lands Qualifications
Diffusion of Benefits
The privilege to utilize, exploit, occupy, or possess forest
lands, or to conduct any activity therein shall be diffused
to as many qualified and deserving applicants as
possible.
Criminal Offenses and Penalties
1. Cutting, Gathering and/or Collecting Timber or Other
Products Without License
Punishment with penalties is imposed under Arts.
309 and 310.
If officers in a corporation is alien, in addition to penalty,
he may be deported without further proceedings on the
part of the Commission on Immigration and deportation.
A timber license is not a contract in the purview of the
due process clause; it is only a license or privilege,
which can be validly withdrawn whenever dictated by
public interest or public welfare. The granting of license
does not create irrevocable rights, neither is it property
or property rights.
2. Unlawful Occupation or Destruction of Forest Lands
3. Pasturing Livestock
4.Illegal Occupation of National Parks System and
Creation Areas and Vandalism Therein
5.Destruction of Wildlife Resources
6.Survey by Unauthorized Person
7.Misclassification and Survey by Government Official or
Employee
8.Issuance of Tax Declaration on Real Property without
Certification from the Director of Forest Development
and the Director of Lands
9.Coercion and Influence to Commit of the Acts
10.Unlawful Possession of Implements and Devices
Used by Forest Officers
11.Failure to Pay the Amount Due and Demandable
Under This Code
12. Sale of Wood products Without Grading Rules
Timber
Duration of license agreement or license to harvest
timber in forest lands has a maximum period twenty-five
years, renewable for a period, not exceeding twenty-five
years.
Size of forest concessions shall be limited to that which
a person may effectively utilize and develop for a period
of fifty (5) years.
Reforestation
Forest Lands to be Reforested
Sec. 68-A. Administrative Authority of the Department
Head or His Duly Authorized Representative to Order
Confiscation.
Authority also contains the disposal of the confiscated
forest products.
Offenses Punished Under Sec. 68, PD No. 705, as
Amended
1) cutting, gathering, collecting and removing timber or
other forest products from any forest land, or timber from
alienable or disposable public and, or from private land
without any authority; and,
2) possession of timber or other forest products without
the legal documents required under existing forest laws
and regulations.
Difference Timber and Lumber:
Timber is a raw log or forest product; Lumber is the
processed log or timber.
DENR Has Jurisdiction Over the Confiscation of
Forest Products and Conveyances Used in the
Commission of the Offense
Under Sec. 68 of PD No. 705, as amended, the regional
trial court has jurisdiction to order the confiscation of the
timber or forest products as well as the machinery,
equipment, implements and tools illegally used in the
area where the timber of forest products are found.
However, the DENR Secretary or his duly authorized
representative under Sec. 68-A of PD No. 705, as
amended by EO No. 277, has jurisdiction to order the
confiscation and disposition of all
Conveyances –by land, water, or air – used in illegally
cutting, gathering, removing, possessing or abandoning
forest products.
A person guilty of unlawful occupation or destruction of
forest lands shall be fined an amount of not less than
five hundred pesos (P500.00) nor more than twenty
thousand pesos (P20,000) and imprisoned for not less
than 6 months nor more than 2 years for each such
offense, and be liable to the payment of 10 times the
rental fees and other charges which would have been
accrued had the occupation and use of the land been
authorized under a license agreement, lease, license or
permit.
In the case of an offender found guilty of making kaingin,
the penalty shall be imprisoned for not less than 2 nor
more than 4 years and a fine equal to 8 times the regular
forest charges due on forest products destroyed, without
prejudice to the payment of the full cost of restoration of
the occupied area as determined by the Bureau.
In pasturing livestock without authority in forest lands,
the guilty person shall be imprisoned for not less than 6
months nor more than 2 years for each such offense,
and a fine equal to 10 times the regular rentals due, in
addition to the confiscation of such livestock and all
improvement introduced in the area.
Any person who is guilty of illegal occupation of national
parks system and recreation areas and vandalism
therein shall be fined not less than P200 or more than
P500 exclusive of the value of the thing damaged. If the
area requires rehabilitation or restoration, the offender
shall also be required to restore or compensate for the
restoration of the damage.
Survey by unauthorized person is punishable by
imprisonment for not less than 2 nor more than 4 years,
in addition to confiscation of the implements used.
Misclassification and survey by government official or
employee shall be dismissed from the service with
prejudice to re-employment, and upon conviction by a
court of competent jurisdiction, suffer an imprisonment of
not less than 1 year and a fine of not less than P1000.
The survey, classification or release of forest lands shall
be null and void.
A forest Officer or employee of the Bureau shall arrest
even without warrant of arrest any person who has
committed or is committing in his presence any of the
offenses defined in the Code. He shall also seize and
confiscate, in favor of the government, the tools and
equipment used in committing the offense, and the forest
products.
The arresting officer or employee shall thereafter deliver
within 6 hours from the time of arrest and seizure, the
offender and the confiscated forest products, tools and
equipment to, and file the proper complaint with, the
appropriate official designated by law to conduct
preliminary investigations and file information in court.
Part IIIPhilippine Mining Act of 1995(Republic Act.
No. 7942)
Governing Law
RA 7942 was enacted of March 03, 1995, instituting a
new system of mineral resources exploration,
development, utilization and conservation in the country.
Evolution of Pertinent Mining Laws
Royal Decree of May 18667 – Spanish Mining Law
Act of Congress of July 1, 1902
Act No. 624 passed by the United States Philippine
Commission and approved on Feb. 07, 1903.
The 1935 Constitution
CA No. 137, the Mining Act
EO No. 141 of then Pres. Marcos
The 1973 Constitution
PD 463, revising CA 137 stipulating the conditional
application of Regalian Doctrine
The 1987 Constitution
The Philippine Mining Act of 1995.
Declaration of Policy
All mineral resources in public and private lands within
the territory and exclusive economic zone of the
Republic of the Philippines are owned by the State.
(Regalian Doctrine)
Ownership of Mineral Resources
Ownership of mineral deposits by the State is also
dominant principle expressed in PD No. 463, otherwise
known as the “Mineral Resources Decree of 1974).
Minerals excluded from other rights to land
Mineral deposits open to location and lease
“Full control and supervision by the State” in the
exploration, development and utilization of the country’s
natural resources – is the adoption of the concept of
jura regalia.
The old system of exploration, development and
utilization of natural resources through licenses,
concessions or leases has been omitted under the 1987
Constitution.
Nonetheless, RA 7942 respects previously issued valid
and existing licenses.
RA No. 7942 reiterates ownership of natural
resources by the State
Activities which may be undertaken by the State in
connection with its “full control and supervision
enter into co-production, joint venture or production
sharing agreements with Filipino citizens or qualified
corporations;
may allow small-scale utilization of natural resources by
Filipino citizens;
The President may enter into agreements with foreign-
owned corporations involving technical or financial
assistance for the large-scale exploration, development
and utilization of minerals, petroleum and other mineral
oils.
A 10% share of all royalties and revenues to be derived
by the government from the development and utilization
of the mineral resources.
Rights of a Locator to a Perfected Claim
Mere recording of a mining claim, without performing
annual work obligation, does not convert land into
mineral land.
Abandonment – the act which constitutes actual,
absolute and irrevocable desertion of one's right or
property.
Classification of minerals (5)
First group – metals or metalliferous ores
Second group – precious stones
Third group – fuels
Fourth group – salines and mineral waters
Fifth group – building stone in place, clays, fertilizers
and other non-metals
Mineral land – means any area where mineral
resources are found.
Mineral resource – any concentration of minerals/rocks
with potential economic value.
Organizational Structure
Pursuant to Section 8 of PD No. 7942, the Department
of Environment and Natural resources (DENR) shall be
the primary agency responsible for the conservation,
management, development, and proper use of the
State's mineral resources.
The Secretary shall have the authority to enter into
mineral agreements on behalf of the government upon
the recommendation of the Director, and promulgate
such rules and regulations as may be necessary to
implement the intent and provisions of the Act.
Role of local governments
a. to ensure that relevant laws on public notice;
b. in coordination with the Bureau/Regional Office(s) to
approve applications for small-scale mining, sand and
gravel quarry... not exceeding five (5) hectares;
c. to receive their share;
d. to facilitate the process by which the community shall
reach an informed decision on the social acceptability;
e. to participate in the monitoring of any mining activity;
f. to participate as member of the Mine Rehabilitation
Fund Committee;
g. to be the recipient of social infrastructure;
h. to act as mediator between the indigenous cultural
communities and the contractors;
i. to coordinate with the Department and Bureau in the
implementation of the Act;
j. to perform such powers and functions as may be
provided.
Authority of the Bureau
The Mines and Geosciences Bureau, headed by a
Director and assisted by Assistant Director shall advise
the secretary on matters pertaining to geology and
mineral resources exploration, development, utilization
and conservation.
The Bureau is conferred with quasi-judicial powers
There is an application of Doctrine of Primary
Jurisdiction.
Doctrine of Primary Jurisdiction - Courts cannot and
will not resolve a controversy involving a question
which is within the jurisdiction of an administrative
tribunal, especially where the question demand the
exercise of sound administrative discretion requiring the
special knowledge, experience and services of the
administrative tribunal to determine technical and
intricate matters of fact.
Non-interference by the courts on purely
administrative matters.
Scope of Application
No ancestral land shall be opened for mining operations
without the prior consent of the indigenous cultural
community concerned. In the event of agreement, the
royalty payment shall be agreed upon by the parties.
The said royalty shall form part of a trust fund for the
socioeconomic well-being of the indigenous cultural
community.
Areas Open to Mining Operations
All mineral resources in public or private lands, including
timber or forestlands as defined in existing laws, shall be
open to mineral agreements. Any conflict that may arise
shall be heard and resolved by the panel of arbitrators.
Areas Closed to Mining Operations
a. in military and other government reservations;
b. near or under public or private buildings, cemeteries,
archeological and historic sites, bridges xxx and other
infrastructure projectsxxx;
c. in areas covered by valid and existing mining rights;
d. in areas expressly prohibited by law;
e. in areas covered by small-scale miners;
f. old growth or virgin forest, proclaimed watershed forest
reserves xxx
Exploration Permit
Exploration Permit – grants the right to conduct
exploration for all minerals in specified areas.
Section 3 (aq) of RA No. 7942 is not unconstitutional. An
observation has been made that Sec. 3 (aq) of RA 7942
which allows a foreign contractor to apply for and hold
an exploration permit is unconstitutional. The reasoning
is that Sec. 2 of Art. XII of the Constitution does not
allow foreign-owned corporations to undertake mining
operations directly. However, in La BugalB'laan Tribal
Association v. Ramos, the Court ruled that while the
Constitution mandates the State to exercise full control
and supervision over the exploitation of mineral
resources, nowhere does it require the government to
hold all exploration permits and similar authorizations
xxx. Such a permit does not amount to authorization to
extract and carry off the mineral resources that may be
discovered.
The exploration permit serves a practical and legitimate
purpose in that it protects the interest and preserves the
rights of the exploration permit grantee (the would-be
contractor) during the period of time that it is spending
heavily on exploration works, without yet being able to
earn revenues to recoup any of its investments and
expenditures.
An exploration permit holder may, within the term of the
permit, file with the Bureau declaration of mining project
feasibility accompanied by a work program for
development for the Bureau's approval.
Term of Exploration
The term of an exploration permit shall be for the period
of two (2) years from date of issuance thereof,
renewable for like periods but not to exceed a total term
of foour (4) years for non-metallic mineral exploration or
six (6) years for metallic mineral exploration.
Exploration permit may be transferred but subject to the
approval of the Secretary of the DENR.
Registration of Exploration Permit
Upon approval and issuance of exploration permit, the
permitee shall cause the registration of the same with
the Bureau/Regional Office concerned within fifteen (15)
working days from receipt of written notice and upon
payment of of the required fees.
Exploration shall be revocable when demanded by
police power. The State, under its all-encompassing
police power, may alter, modify or amend permits in
accordance with the demands of the general welfare.
Mineral Agreements
Forms of General Agreements:
a. mineral production sharing agreement
b. co-production agreement
c. joint-venture agreement
Eligibility
a. in case of individual – must be Filipino citizen, of legal
age and with a capacity to contract;
b. in case of corporation, partnership, association, or
cooperative – at least sixty percent (60%) of capital of
which is owned by Filipino citizens.
Filing of mineral agreements shall be filed in the region
where the areas of interest are located. They will be
approved by the Secretary and copies shall be submitted
to the President.
Term of a Mineral Agreement
The term must not exceed twenty five (25) years to
start from the date of execution, and renewable for
another term not exceeding twenty five (25) years.
Publication, Posting, radio Announcement
It shall be done within (15) working days from receipt of
the notice.
Quarry Resources
Themaximum area which a qualified person may hold at
any one time shall be 5 hectares.
A quarry permit shall have a term of 5 years, renewable
for like periods but not to exceed a total term of 25
years.
A quarry permit may be canceled by the provincial
governor for violations of the provisions of this Act.
Transport, Sale, and processing of Minerals
In transporting non-processed mineral ores or minerals,
there must be an Ore Transport permit.
No person shall engage in trading of mineral products
unless registered with Department of Trade and
Industry.
No person shall engage in the processing of minerals
without a processing permit from the Secretary. Permit
shall be for a period of 5 years renewable for like years
but not to exceed a total term of 25 years.
A foreign-owned/controlled corporation may be granted
a mineral processing permit.
Development of Mining Communities, Science and
Mining Technology
A contractor shall:
a. Allot expenditure for community development and
science and mining technology
b. Maintain manpower training and development
program
c. Use indigenous goods, services, and technologies
d. prior to cessation have 1 year to remove
improvements, otherwise all shall be turned over or
donated tax-free to the proper government authorities
e. employ preferably Filipino citizens
Safety and Environmental Protection
No person under 16 years of age shall be employed in
any phase of mining operations, and no person under 18
years of age shall be employed underground in the
mine.
All mining and quarrying operations that employ 50
workers shall have at least 1 licensed mining engineer
with 5 year experience, and 1 registered foreman.
The regional director shall have exclusive jurisdiction
over the safety inspection of all installations.
The regional director shall, in consultation with the
Environmental Management Bureau have the power to
issue orders.
Auxiliary Mining Rights
Timber rights (subject to forestry laws, rules, and
regulations)
Water rights (subject to the existing water laws, rules,
and regulations)
Right to possess explosives
Easement right
Entry into private lands and concession areas
Settlement of Conflicts
There shall be panel of arbitrators in the regional office
of the department composed of 3 members, 2 of whom
must be member of the Philippine Bar and 1 licensed
mining engineer and duly designated by the Secretary.
The panel shall settle the following:
disputes involving rights to mining areas
disputes involving mineral agreements or permit
disputes involving surface owners, occupants and claim
holder/concessionaires
disputes pending before the Bureau and the Department
at the date of the effectivity of this Act.
The decision or order of the panel of arbitrators may be
appealed by the party to the Mines Adjudication Board
within 15 days from receipt.
The Mines Adjudication Board is composed of the
Secretary as Chairman with the Director of Mines and
Geosciences Bureau and the Undersecretary for
Operations of the Department as members.
Government Share
The total government share in a mineral production
sharing agreement shall be the excise tax on mineral
products.
The share of the Government in co-production and joint
venture agreements shall be negotiated by the
Government and the contractor.
Ground for Cancellation, revocation, and
Termination
Late or non-filing of requirements
Violation of the terms and conditions of permits or
agreements
Non-payment of taxes and fees
Suspension or cancellation of tax incentives and credits
Falsehood or omission of facts in the statement
Penal Provisions
1.False statements
2.illegal exploration
3. Theft of minerals
4. Destruction of mining structures
5. Mines arson
6.Willful damage to mine
7.Illegal obstruction to permitees or contractors
8. Violation of the terms and conditions of the
Environmental Compliance Certificate (ECC)
9. Obstruction of government officials
10.Other violations
11. Fines
Part VIII Philippine Fisheries Code of 1998(Republic
Act No. 8550)
Governing Law
RA No. 8550, otherwise known as “The Philippine
Fisheries Code of 1998”, was enacted on February 17,
1998 to provide for the development and conservation of
the fisheries and aquatic resources and integrating all
laws pertinent thereto.
Policy Considerations
The State shall ensure the attainment of the
following objectives:
· Conservation, protection and sustained management of
the country’s fishery and aquatic resources
· Poverty alleviation and the provision of supplementary
livelihood among municipal fisherfolk
· Improvement of productivity of aquaculture within
ecological limit
· Optimal utilization of off-shore and deep-sea resources
and
· Upgrading of post-harvest technology
Application of the Law
The provisions of the Code shall be enforced in:
· all Philippine waters including other waters over which
the Philippines has sovereignty and jurisdiction, and the
country’s 200-nautical mile EEZ (Exclusive Economic
Zone) and continental shelf;
· all aquatic and fishery resources
· all lands devoted to aquaculture, or businesses and
activities relating to fishery, whether private or public
lands
Use of Philippine Waters
Section 2, Article XII of the Constitution provides:
“ The State shall protect the nation’s marine wealth in its
archipelagic water, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment
exclusive to Filipino citizens.”
Consistent with the foregoing constitutional provision,
Sec. 5 of RA No. 8550 provides that the use and
exploitation of the fishery and aquatic resources in the
Philippine waters shall be reserved exclusively to
Filipinos. Research and survey activities may be allowed
under strict regulations that would also benefit Filipino
citizens.
Definition of Terms
Aquatic resources – includes fish, all other aquatic flora
and fauna and other living resources of the aquatic
environment, including, but not limited to, salt and corals.
Closed season – the period during which the taking of
specified fishery species by a specified fishing gear is
prohibited in a specified area or areas in the Philippine
waters.
Commercial fishing – the taking of fishery species by
passive or active gear for trade, business and profit
beyond subsistence or sports fishing, to be further
classified as:
· Small scale commercial fishing – fishing with passive or
active gear utilizing fishing vessels of 3.1 gross tons
(GT) up to twenty (20) GT;
· Medium scale commercial fishing – fishing with passive
or active gear utilizing fishing vessels of 20.1 gross tons
(GT) up to one hundred fifty (150) GT;
· Large commercial fishing – fishing with passive or
active gear utilizing fishing vessels of more than one
hundred fifty (150) GT
Municipal waters – 15 kilometers from coastline.
Organizational Structure
The Department of Agriculture (DA) is the government
agency responsible for the promotion of agricultural
development by providing the policy framework, public
investments, and support services needed for domestic
and export-oriented business enterprises.
It shall be the primary concern of the DA to improve farm
in come and generate work opportunities for farmers,
fishermen, and other rural workers.
Access to Fishery Resources
The DA shall issue such number of licenses and permits
for the conduct of fishery activities subject to the limits of
the maximum sustainable yield (MSY) of the resources
as determined by scientific studies or best available
evidence.
Preference shall be given to resource users in the local
communities adjacent or nearest to the municipal
waters.
· Catch ceiling limitation – the DA Secretary may
prescribe limitations or quota on the total quantity of fish
captured, for specified period of time and specified area
based on the best available evidence.
· Establishment of closed season – the Secretary may
declare a closed season in any or all Philippine waters
outside the boundary of municipal waters and in bays,
for conservation and ecological purposes. The Secretary
may include waters under the jurisdiction of special
agencies, municipal waters and bays, and or other other
areas reserved for the use of the municipal fisherfolk.
This shall be done only upon the concurrence and
approval of such special agencies, and concerned
LGUs.
Bureau of Fisheries and Aquatic Resources;
Functions
The Bureau of Fisheries and Aquatic Resources (BFAR)
is a line bureau under the DA. It shall have the following
functions:
prepare and implement a Comprehensive National
Fisheries Industry Development Plan (CNFIDP);
issue licenses for the operation of commercial fishing
vessels;
issue identification cards free of charge to fishworkers
engaged in commercial fishing;
monitor and review joint fishing agreements between
Filipino citizens and foreigners;
formulate and implement (CNFIDP);
establish and maintain a Comprehensive Fishery
Information System (CFIS);
provide extensive development support services in all
aspects of fisheries production, processing, and
marketing;
provide advisory services and technical assistance;
coordinate efforts relating to fishery production;
advise and coordinate with LGUs on the maintenance of
proper sanitation and hygienic practices in fish markets
and fish landing areas;
establish a corps of specialists in collaboration with
DND, DILG, and DFA for the efficient monitoring, control,
and surveillance of fishing activities… and provide for
necessary facilities, equipment and training therefore;
implement an inspection system for import and export of
fishery/aquatic products;
coordinate with LGUs and other concerned agencies for
the establishment of productivity enhancing and market
development programs in fishing communities;
enforce all laws, formulate and enforce all rules and
regulations governing the conservation and
management of fishery resources, except in municipal
waters, and settle conflicts of resource use and
allocation;
develop value-added fishery products for domestic
consumption and export;
recommend measures for the
protection/enhancement of fishery industries;
assist LGUs in developing their technical capability in the
development, management, regulation, conservation,
and protection of the fishery resources;
formulate rules and regulations for the conservation and
management of straddling fish stocks and highly
migratory fish stocks; and
perform such other related functions which shall promote
the development, conservation, management, protection
and utilization of fisheries and aquatic resources.
Composition of BFAR
The BFAR is headed by a Director and assisted by two
(2) Asst. Directors who shall supervise the administrative
and technical services of the bureau respectively.
Municipal Fisheries
The municipality/city government shall have jurisdiction
over municipal waters as defined in the Code.
The LGUs shall enforce all fishery laws, rules and
regulations as well as valid fishery ordinances enacted
by the municipal/city council.
The LGUs which share or border fishery resources may
group themselves and coordinate with each other. The
Integrated Fisheries and Aquatic Resources
Management Councils (FARMCs) established under
Sec. 76 of the Code shall serve as the venues for close
collaboration among LGUs in the management of
contiguous resources.
Grant of Fishing Privileges in Municipal Waters
The duly registered fisherfolk organizations/cooperatives
shall have preference in the grant of fishery rights by the
municipal/city council.
Users of municipal waters
The municipal or city government may authorize or
permit small and medium commercial fishing vessels to
operate within the 10.1 to 15 kilometer area from the
shoreline in municipal waters, provided, that all the
following are met:
no commercial fishing in municipal waters with depth
less than 7 fathoms;
fishing activities utilizing methods and gears that are
determined to be consistent with national policies set by
the DA;
prior consultation with the M/CFARMC has been
conducted; and
the applicant vessel as well as the shipowner, employer,
captain and crew have been certified by the appropriate
agency as not having violated the Code, environmental
laws and related laws.
Resident municipal fisherfolk of the municipality
concerned and their organizations/cooperatives shall
have priority to exploit municipal and demarcated fishery
areas of the said municipality.
Persons Eligible for Commercial Fishing Vessel
License
No commercial fishing vessel license shall be issued
except to citizens of the Philippines, partnerships or
associations, cooperatives or corporations duly
registered in the Philippines at least 60% of capital stock
of which is owned by Filipino citizens.
No person to whom a license has been issued shall sell,
transfer or assign, directly or indirectly, his stock or
interest therein to any person not qualified to hold a
license.
The commercial fishing boat license shall be renewed
every 3 years. The owner/operator of a fishing vessel
has a period of 60 days prior to the expiration of the
license within which to renew the same.
The owner/operator of a registered fishing vessel shall
notify the department in writing of the transfer of
ownership of the vessel with a copy of such document
within 10 days after its transfer to another person.
Fishing by Philippine Commercial Fishing in
International Waters
Fishing vessels of Philippine registry may operate in
international waters or waters of other countries which
allow such fishing operations but they should comply
with the safety, manning and other requirements of the
Philippine Coast guard, maritime Industry Authority and
other agencies concerned.
Aquaculture
Disposition of Public Lands for Fishery Purposes
Public lands such as tidal swamps, mangroves,
marshes, foreshore lands and ponds suitable for fishery
operations shall not be disposed or alienated. Fishponds
lease agreements (FLA) may be issued for public lands
that may be declared available for fishpond development
primarily to qualified fisherfolk cooperatives/associations.
Upon the expiration of existing FLAs, the current lessees
shall be given priority and entitled to an extension of 25
years.
DA shall declare as reservation portions available public
lands certified as suitable for fishpond purposes.
No fish pens or fish cages or fish traps shall be allowed
in lakes.
Lease of Fishponds
areas leased for fishpond purposes shall be no more
than 50 hectares for individuals and 250 hectares for
corporations or fisherfolk organizations;
the lease shall be for a period of 25 years and renewable
for another 25 years. In case of death of lessee, his
spouse and/or children, as his heirs, shall have
preemptive rights to the unexpired term of his FLA;
lease rates for fishpond areas shall be determined by the
DA;
The area leased shall be developed and producing on
commercial scale within 3 years from the approval of the
lease contract, but areas not fully producing within 5
years from approval shall automatically revert to the
public domain for reforestation;
Reversion of All Abandoned, Undeveloped or
Underutilized Fishponds
The DENR, in coordination with the DA, LGUs, other
concerned agencies and FARMCs shall determine shall
determine which abandoned, underdeveloped, or
underutilized fishponds covered by FLA can be reverted
to their original mangrove state.
License to Operate Fish Pens, Fish Cages...
Fish pens, fish cages, fish traps and other structures for
the culture of fish and other fishery products shall be
constructed and shall operate only within established
zones duly designated by LGUs in consultation with
FARMCs concerned.
Not more than 10% of suitable water surface area of
lakes and rivers shall be allotted for aquaculture
purposes.
No new concessions for establishment of fishpens and
other similar structures in municipal areas shall be
granted, except to municipal fisherfolk and their
organizations.
Inland fishponds, fish cages and fish pens shall be
covered under the insurance program of the Philippine
Crop Insurance Corp (PCIC) for losses caused by force
majeure and fortuitous events.
Fishery Reserves, refuge and Sanctuaries
The DA may designate area or areas in Philippine
waters beyond fifteen (15) kilometers from shoreline as
fishery reservation .
The DA may establish fish refuge and sanctuaries to be
administered in the manner prescribed by the BFAR.
Prohibitions and Penalties
Unauthorized fishing or engaging in other unauthorized
fisheries activities
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
Fishing through explosives, noxious or poisonous
substance, and/or electricity, and to deal in, sell or in any
manner dispose of, any fish or fishery species which
have been illegally caught, taken or gathered
Use of fine mesh net – net with mesh size of less than 3
cm measured between 2 opposite knots of a full mesh
when stretched
Use of active gear in the municipal waters and bays and
other fishery management areas
Ban on coral exploitation and exportation
Ban on muro-ami, other methods and gear destructive to
coral reefs and other marine habitat
Illegal use of superlights
Conversion of mangroves into fishponds for any other
purposes
Fishing in overfished area and during closed season
Fishing in fishery reserves, refuge and sanctuaries
Fishing or taking of rare, threatened or endangered
species
Capture of sabalo (mature milk fish) and other
breeders/spawners
Exportation of breeders, spawners, eggs or fry
Importation or exportation of fish or fishery species
Violation of catch ceilings
Aquatic pollution
Other violations:
a. Failure to comply with minimum safety standards
b. Failure to conduct a yearly report on all fishponds, fish
pens and fish cages
c. Gathering and marketing of shell fishes
d. Obstruction to navigation or flow and ebb of tide in
any stream, river, lake or bay
e. Construction and operation of fish corrals/traps, fish
pens and fish cages
Commercial fishing vessel operators employing
unlicensed fisherfolk or fishworker or crew
Obstruction of defined migration paths
Obstruction to fishery law enforcement officer
Enactment of Ordinances by LGUs
Under the general welfare clause, LGUs have the
power to enact ordinances to enhance the right of
the people to a balanced ecology.
It likewise specifically vests municipalities with the power
to grant fishery pprivileges in municipal waters, and
impose rentals, fees or charges therefor; to penalize, by
appropriate ordinances, the use of explosives, noxious
or poisonous substances, electricity, muro-ami, and
other deleterious methods of fishing; and to prosecute
any violation of the provisions of applicable fishery laws.
Seizure Without warrant of Fishing Vessels
Breaching Fishery Laws
Search and seiizure without search warrant of vessels
and aircrafts for violations of customs laws have been
the traditional exception to the constitutional requirement
of a search warrant.
This same exception applies to seizures of fishing
vessels and boats breaching our fishery laws.
Part IXWater Code of the Philippines(Presidential
Decree No. 1067)
Governing Law
PD NO. 1067 was enacted om December 31, 1976,
revising and consolidating the laws governing the
ownership, appropriation, utilization, exploitation,
development, conservation and protection of water
resources.
Underlying Principles of the Code
(a) all waters belong to the State
(b) all waters that belong to the State cannot be the
subject to acquisitive prescription
(c) the State may allow the use or development of
waters by administrative concessions
(d) the utilization, exploitation, development,
conservation and protection of water resources shall
subject to the control and regulation of the government
through the National Water Resources Council
(e) preference in the use and development of waters
shall consider current usages and be responsive to the
changing needs of the country
State Ownership of Waters
The following belong to the State:
(a) rivers and their natural beds
(b) continuous or intermittent waters of springs and
brooks running in their natural beds and and the beds
themselves
(c) natural lakes and lagoons
(d) all other categories of surface waters
(e) atmospheric water
(f) subterranean or ground waters
(g) seawater
The following waters found on private lands belong to
the State:
(a) continuous or intermittent waters rising on such land
(b) lakes and lagoons naturally occurring on such lands
(c) subterranean or ground waters
(d) water in swamps and marshes
The owner of the land where the water is found may use
the same for domestic purposes without securing a
permit, provided that such use shall be registered, when
required by the Council.
Any person who captures or collects water by means of
cisterns, tanks, or pools shall have exclusive control over
such water and the right to dispose the same.
Water legally appropriated shall be subject to the control
of the appropriator from the moment it reaches the
appropriator's canal or aqueduct leading to the place
where the water will be used or stored.
Appropriation of Waters
Water may be appropriated for the following purposes:
(a) domestic -utilization of water for drinking, washing,
bathing, cooking, etc
(b) municipal – utilization of water for supplying the water
requirements of the communit
(c) irrigation – utilization of water for producing
agricultural crops
(d) power generation – utilization of water for producing
electrical or mechanical power
(e) fisheries – utilization of water for the propagation and
culture of fish as a commercial enterprise
(f) livestock raising – utilization of water for large herds
or flocks of animals raised as a commercial enterprise
(g) industrial – utilization of water in factories, industrial
plants and mines, etc.
(h) recreational – utilization of water for swimming pool,
bath houses, etc.
Citizenship Requirement
Only citizens of the Philippines, of legal age, as well as
juridical persons, who are duly qualified by law to exploit
and develop water resources, may apply for water
permits.
In case of corporations, water permits may be granted if
at least 60% of the capital is owned by Filipino citizens.
Filing of Application
Any person who desires to obtain a water permit shall
file and application with the Council.
Water Rights and Permits
As a rule, no person, including government
instrumentalities, shall appropriate water without a water
right, which shall be evidenced by a document known as
a water permit.
However, any person may appropriate or natural bodies
of water without securing a water permit for any of the
following:
(a) appropriation of water by means of hand-carried
receptacles; and
(b) bathing or washing, watering or dipping of domistic or
farm animals, and navigation of watercrafts or
transportation of logs and other objects by floatation.
A water right shall be exercised in such manner that the
rights of third persons or of other appropriators are not
prejudiced thereby.
A holder of water permit may demand the establishment
of easements necessary for the construction and
maintenance of the works and facilities needed for the
beneficial use of waters to be appropriated.
Revocation of Water Permits
Water permits may be revoked after due notice and
hearing on grounds of:
non-use
gross violation of the conditions imposed in the permit
unauthorized sale of water
willful failure or refusal to comply with rules and
regulations of any lawful order
pollution, public nuisance or acts detrimental to public
health and safety
when the appropriator is found to be disqualified under
the law to exploit and develop natural resources of the
country
when in case of irrigation, the land is converted to non-
agricultural purposes, and
other similar grounds
Utilization, Order of Preference and Conditions for
the Use of Waters
Order of Preference in the Use of Waters
(a) domestic and municipal use
(b) irrigation
(c) power generation
(d) fisheries
(e) livestock raising
(f) industrial use, and
(g) other uses
Prohibitions and Conditions for Use of Waters
(a) no excavation for the purpose of emission of a hot
spring or for enlargement of the existing opening thereof
shall be made without prior permit
(b) no develop shall develop a stream, lake or spring for
recreational purposes without prior permit
(c) unless otherwise ordered by the President, and only
in time of national calamity or emergency, no person
shall induce or restrain rainfall by any method
(d) no person shall raise or lower the water level of a
river, stream, lake, lagoon, or marsh nor drain the same
without a permit
(e) drainage system shall be constructed that their
outlets may be approved by the proper government
agency
(f) when artificial means are employed to drain water
from higher to lower land, the owner of the higher land
shall select the routes and methods of drainage that will
cause the minimum damage to the lower lands, subject
to the requirements of just compensation
(g) when the use, conveyance or storage of waters
results in damage to another, the person responsible for
the damage shall pay compensation
(h) any person having an easement for an aqueduct may
enter upon the servient land for the purpose of cleaning,
repairing or replacing the aqueduct or the removal of
destruction therefrom
(i) lower estates are obliged to receive the waters which
naturally and without the intervention of man flow from
the higher estate, as well as the stone or earth which
they carry with them
(j) the banks of rivers and streams and the shores of the
seas and lakes throughout their entire length and within
a zone of 3 meters in urban areas, 20 meters in
agricultural areas and 40 meters in forest areas, along
their margins are subject to the easement of public use
Legal Easements Relating to waters Under the Civil
Code
(a) natural drainage of lands
(b) natural drainage of buildings
(c) easements on riparian banks for navigation, floatage,
fishing and salvage
(d) easement of a dam
(e) easement for drawing water or for watering animals
(f) easement of aqueduct
(g) easement for the construction of a stop lock or sluice
gate
Control of Waters
Flood Control Areas
(a) prohibition against activities that obstruct the flow of
water, etc.
(b) rivers or lakes may be declared navigable
(c) river beds may not be cultivated except upon prior
permission from the Secretary of DPWH, and such
permission shall not be granted where such cultivation
obstructs the flow of water or increase flood levels so as
to cause damage to other areas
(d) any person may erect levees or revetments to protect
his property from flood, encroachment by the river or
change in the course of the river, provided that such
construction does not cause damage to the property of
another
(e) when a river or stream suddenly changes its course
to traverse private lands, the owners of the affected
lands may not compel the government to restore the
river to its former bed, nor can they restrain the
government from taking steps to revert the river or
stream to its former course. The owners of the affected
lands may undertake to return the river or stream to its
old bed at their own expense upon a permit first secured
from the DPWH
(f) waters of a stream may be stored in a reservoir by a
permittee in such amount as will not prejudice the right
of any permittee downstream
(g) no person shall drill a well without prior permission
from the Council
(h) easement of aqueduct – any person who may wish to
use upon his own estate any water of which he can
dispose shall have the right to make it flow through the
intervening estates, with the obligation to indemniify their
owners, as well as the owners of the lower estates upon
which the waters may filter or descend
Conservation and Protection of Waters and
Watersheds and Related Land Resources
(a) watersheds may be declared a protected area – it is
an 'intergenerational responsibility.'
(b) a watershed reservation is not subject to occupancy
or alienation
(c) a timber license covering a watershed area may be
withdrawn in the public interest
The National Water Resources Council
The Council was created by PD No. 424 as a regulatory
and executory agency which coordinates and integrates
water resource development activities, and grants,
determines and adjudicates water rights.
Powers and Functions
authority to enter upon private lands
jurisdiction of the Council over water disputes
where the case does not involve the settlement of a
water rights dispute, but the enjoyment of a right to water
use for which a permit was already granted, the regular
court has jurisdiction over the dispute, not the NWRC
there must be observance on rule on exhaustion of
administrative remedies
the decisions of the Council on water rights
controversies may be appealed to the regional trial court
of the province where the subject matter of the
controversy is situated within fifteen (15) days from the
date the party appealing receives a copy of the decision.
Penalties
Articles 90 and 91 of the Water Code enumerate the
acts that may be penalized under the Code. The criminal
action shall be brought before the proper court.
The following acts shall be penalized:
Under Art. 90 – a fine of not exceeding P1,000.00
(a) appropriation of subterranean or ground water for
domestic use
(b) non-observance of any standard beneficial use of
water
(c) failure of the appropriator to keep a record of water
withdrawal, when required
(d) failure to comply with any of the terms or conditions
in a water permit or a water rights grant
(e) unauthorized use of water for a purpose other than
that for which a right or permit was granted
(f) construction or repair of any hydraulic work or
structure without duly approved plans and specifications,
when required
(g) failure to install a regulating and measuring device for
the control of the volume of water appropriated, when
required
(h) unauthorized sale, lease, or transfer of water and/or
water rights
(i) failure to provide adequate facilities to prevent or
control diseases when required by the Council
(j) drilling of a well without permission of the Council
(k) utilization of an existing well or ponding or spreading
of water for recharging subterranean or ground water
supplies without permission of the Council
(l) violation or non-compliance with any order, rules, or
regulations of the Council
(m) illegal taking or diversion of water in an open canal,
aqueduct or reservoir
(n) malicious destruction of hydraulic works or structure
valued at not exceeding P5,000.00.
Under Art. 91 -
(a) a fine of not exceeding P3,000.00 or
imprisonment of not more than 3 years
1) appropriation of water without a water permit, unless
such person is expressly exempted by provisions of this
Act
2) unauthorized obstruction of an irrigation canal
3) cultivation of a river bed, sand bar or tidal flat without
permission
4) malicious destruction of hydraulic works or structure
valued at not exceeding P25,000
(b) a fine exceeding P3,000.00 or imprisonment
exceeding 3 years but not more than 6 years
1) distribution for public consumption of water which
adversely affects the health and safety of the public
2) excavation or enlargement of the opening of a hot
spring without permission
3) unauthorized obstruction of a river or waterway, or
occupancy of a river bank or seashore without
permission
4) establishment of a cemetery or a waste disposal area
near a source of water supply or reservoir for domestic
municipal use without permission
5) constructing, without prior permission of the
government agency concerned, works that produce
dangerous or noxious substances, or performing acts
that result in introduction of sewage, industrial waste or
any substance that pollutes a source of water supply
6) dumping mine tailings and sediments into rivers of
waterways without permission
7) malicious destruction of hydraulic works or structure
valued more than P25,000 but at not exceeding
P100,000
(c) a fine exceeding P6,000 but not more than
P10,000 or imprisonment exceeding 6 years but not
more than 12 years
1) misrepresentation of citizenship in order to qualify for
water permit
2) malicious destruction of hydraulic works or structure,
valued at more than P100,000
Water Districts
PD No. 198, otherwise known as the “Provincial Water
Utilities Act of 19973” (effective May 25, 1973)
authorizes the formation and governs the operation of
water districts throughout the country.
Water districts may be created by the different local
legislative bodies by the passage of a resolution. The
primary function of these water districts is to sell water to
residents within their territory.
Water districts are quasi-public corporations, performing
public services and supplying public wants.
A water district may be dissolved by a resolution of its
board of directors filed in the manner of filing the
resolution forming the district. The resolution of
dissolution is filed with Local water Utilities
Administration (LWUA).
The Local Water Utilities Administration (LWUA)
PD No. 198 established a government corporation
known as LWUA, attached to the Office of the President,
to function primarily as “a specialized lending institution
for the promotion, development and financing of local
water utilities.”
The LWUA has no adjudicatory functions.
The SEC has no supervisory powers over water districts.
REPUBLIC ACT NO. 8749- PHILIPPINE CLEAN AIR
ACT OF 1999
Chapter 1
General Provisions
Article One
Basic Air Quality Policies
SECTION 1.Short Title. - This Act shall be known as the
“Philippine Clean Air Act of 1999.”
SEC. 2.Declaration of Principles. - 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.
The State shall promote and protect the global
environment to attain sustainable development while
recognizing the primary responsibility of local
government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning
the habitat and environment is primarily area-based.
The State also recognizes the principle that “polluters
must pay”.
Finally, the State recognizes that a clean and healthy
environment is for the good of all and should, therefore,
be the concern of all.
SEC. 3.Declaration of Policies. - The State shall pursue
a policy of balancing development and environmental
protection. To achieve this end, the frame work for
sustainable development shall be pursued. It shall be the
policy of the State to:
[a] Formulate a holistic national program of air pollution
management that shall be implemented by the
government through proper delegation and effective
coordination of functions and activities;
[b] Encourage cooperation and self-regulation among
citizens and industries through the application of market-
based instruments;
[c] Focus primarily on pollution prevention rather than on
control and provide for a comprehensive management
program for air pollution;
[d] Promote public information and education and to
encourage the participation of an informed and active
public in air quality planning and monitoring; and
[e] Formulate and enforce a system of accountability for
short and long-term adverse environmental impact of a
project, program or activity. This shall include the setting
up of a funding or guarantee mechanism for clean-up
and environmental rehabilitation and compensation for
personal damages.
SEC. 4.Recognition of Rights. - Pursuant to the above-
declared principles, the following rights of citizens are
hereby sought to be recognized and the State shall seek
to guarantee their enjoyment:
[a] The right to breathe clean air;
[b] The right to utilize and enjoy all natural resources
according to the principles of sustainable development;
[c] The right to participate in the formulation, planning,
implementation and monitoring of environmental policies
and programs and in the decision-making process;
[d] The right to participate in the decision-making
process concerning development policies, plans and
programs projects or activities that may have adverse
impact on the environment and public health;
[e] The right to be informed of the nature and extent of
the potential hazard of any activity, undertaking or
project and to be served timely notice of any significant
rise in the level of pollution and the accidental or
deliberate release into the atmosphere of harmful or
hazardous substances;
[f] The right of access to public records which a citizen
may need to exercise his or her rights effectively under
this Act;
[g] The right to bring action in court or quasi-judicial
bodies to enjoin all activities in violation of environmental
laws and regulations, to compel the rehabilitation and
cleanup of affected area, and to seek the imposition of
penal sanctions against violators of environmental laws;
and
[h] The right to bring action in court for compensation of
personal damages resulting from the adverse
environmental and public health impact of a project or
activity.
Article Two
Definition of Terms
SEC. 5. Definitions.- As used in this Act:
a) “Air pollutant” means any matter found in the
atmosphere other than oxygen, nitrogen, water vapor,
carbon dioxide, and the inert gases in their natural or
normal concentrations, that is detrimental to health or
the environment, which includes, but not limited to
smoke, dust, soot, cinders, fly ash, solid particles of any
kind, gases, fumes, chemical mists, steam and
radioactive substances;
b) “Air pollution” means any alteration of the physical,
chemical and biological properties of the atmospheric
air, or any discharge thereto of any liquid, gaseous or
solid substances that will or is likely to create or to
render the air resources of the country harmful,
detrimental, or injurious to public health, safety or
welfare or which will adversely affect their utilization for
domestic, commercial, industrial, agricultural,
recreational, or other legitimate purposes;
c) “Ambient air quality guideline values” means the
concentration of air over specified periods classified as
short-term and long-term which are intended to serve as
goals or objectives for the protection of health and/or
public welfare. These values shall be used for air quality
management purposes such as determining time trends,
evaluating stages of deterioration or enhancement of the
air quality, and in general, used as basis for taking
positive action in preventing, controlling, or abating air
pollution;
d) “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;
e) “Certificate of Conformity” means a certificate issued
by the Department of Environment and Natural
Resources to a vehicle manufacturer / assembler or
importer certifying that a particular new vehicle or vehicle
type meets the requirements provided under this Act and
its rules and regulations;
f) “Department” means the Department of Environment
and Natural Resources;
g)“Eco-profile” means the geographic-based instrument
for planners and decision makers which present an
evaluation of the environment quality and carrying
capacity of an area. It is the result of the integration of
primary data and information on natural resources and
antropogenic activities on the land which were evaluated
by various environmental risk assessment and
forecasting methodologies that enable the Department to
anticipate the type of development control necessary in
the planning area.
h)“Emission” means any air contaminant, pollutant, gas
stream or unwanted sound from a known source which
is passed into the atmosphere;
i) “Greenhouse gases” means those gases that can
potentially or can reasonably be expected to induce
global warming, which include carbon dioxide, oxides of
nitrogen, chloroflourocarbons, and the like;
j) “Hazardous substances” means those substances
which present either: (1) short-term acute hazards such
as acute toxicity by ingestion, inhalation, or skin
absorption, corrosivity or other skin or eye contact
hazard or the risk of fire explosion; or (2) long-term
toxicity upon repeated exposure, carcinogecity (which in
some cases result in acute exposure but with a long
latent period), resistance to detoxification process such
as biodegradation, the potential to pollute underground
or surface waters;
k) “Infectious waste” means that portion of medical
waste that could transmit an infectious disease;
l) “Medical waste” means the materials generated as a
result of patient diagnosis, treatment, or immunization of
human beings or animals;
m) “Mobile source” means any vehicle propelled by or
through combustion of carbon-based or other fuel,
constructed and operated principally for the conveyance
of persons or the transportation of property goods;
n) “Motor vehicle” means any vehicle propelled by a
gasoline or diesel engine or by any means other than
human or animal power, constructed and operated
principally for the conveyance of persons or the
transportation of property or goods in a public highway
or street open to public use;
o) “Municipal waste” means the waste materials
generated from communities within a specific locality;
p) "New vehicle” means a vehicle constructed entirely
from new parts that has never been sold or registered
with the DOTC or with the appropriate agency or
authority, and operated on the highways of the
Philippines, any foreign state or country;
q) “Octane Rating or the Anti-Knock Index(AKI)” means
the rating of the anti-knock characteristics of a grade or
type of automotive gasoline as determined by dividing by
two (2) the sum of the Research Octane Number (RON),
plus the Motor Octane Number (MON); the octane
requirement, with respect to automotive gasoline for use
in a motor vehicle or a class thereof, whether imported,
manufactured, or assembled by a manufacturer, shall
refer to the minimum octane rating of such automotive
gasoline which such manufacturer recommends for the
efficient operation of such motor vehicle, or a substantial
portion of such class, without knocking;
r) “Ozone Depleting Substances (ODS)” means those
substances that significantly deplete or otherwise modify
the ozone layer in a manner that is likely to result in
adverse effects of human health and the environment
such as, but not limited to, chloroflourocarbons, halons
and the like;
s) “Persistent Organic Pollutants (POPs)” means the
organic compounds that persist in the environment,
bioaccumulate through the food web, and pose a risk of
causing adverse effects to human health and the
environment. These compounds resist photolytic,
chemical and biological degradation, which shall include
but not be limited to dioxin, furan, Polychlorinated
Biphenyls (PCBs), organochlorine pesticides, such as
aldrin, dieldrin, DDT, hexachlorobenzene, lindane,
toxaphere and chlordane;
t) “Poisonous and toxic fumes” means any emissions
and fumes which are beyond internationally - accepted
standards, including but not limited to the World Health
Organization (WHO) guideline values;
u) “Pollution control device" means any device or
apparatus used to prevent, control or abate the pollution
of air caused by emissions from identified pollution
sources at levels within the air pollution control
standards established by the Department;
v) “Pollution control technology” means the pollution
control devices, production process, fuel combustion
processes or other means that effectively prevent or
reduce emissions or effluent;
w) “Standard of performance" means a standard for
emissions of air pollutant which reflects the degree of
emission limitation achievable through the application of
the best system of emission reduction, taking into
account the cost of achieving such reduction and any
non-air quality health and environmental impact and
energy requirement which the Department determines,
and adequately demonstrates; and
x) “Stationary source” means any building or immobile
structure, facility or installation which emits or may emit
any air pollutant.
Chapter 2
Air Quality Management System
Article One
General Provisions
SEC. 6. Air Quality Monitoring and Information Network.-
The Department shall prepare an annual National Air
Quality Status Report which shall be used as the basis in
formulating the Integrated Air Quality Improvement
Framework, as provided for in Sec. 7. The said report
shall include, but shall not be limited to the following:
a) Extent of pollution in the country, per type of pollutant
and per type of source, based on reports of the
Department’s monitoring stations;
b) Analysis and evaluation of the current state, trends
and projections of air pollution at the various levels
provided herein;
c) Identification of critical areas, activities, or projects
which will need closer monitoring or regulation;
d) Recommendations for necessary executive and
legislative action; and
e) Other pertinent qualitative and quantitative information
concerning the extent of air pollution and the air quality
performance rating of industries in the country.
The Department, in cooperation with the National
Statistical Coordination Board (NSCB), shall design and
develop an information network for data storage,
retrieval and exchange.
The Department shall serve as the central depository of
all data and information related to air quality.
SEC. 7. Integrated Air Quality Improvement Framework.-
The Department shall within six (6) months after the
effectivity of this Act, establish, with the participation of
LGUs, NGOs, POs, the academe and other concerned
entities from the private sector, formulate and implement
the Integrated Air Quality Improvement Framework for a
comprehensive air pollution management and control
program. The framework shall, among others, prescribe
the emission reduction goals using permissible
standards, control strategies and control measures to
undertaken within a specified time period, including cost-
effective use of economic incentives, management
strategies, collective actions, and environmental
education and information.
The Integrated Air Quality Improvement Framework shall
be adopted as the official blueprint with which all
government agencies must comply with to attain and
maintain ambient air quality standards.
SEC. 8. Air Quality Control Action Plan.- Within six (6)
months after the formulation of the framework, the
Department shall, with public participation, formulate and
implement an air quality control action plan consistent
with Sec. 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other
control measures, means or techniques, as well as
schedules and time tables for compliance, as may be
necessary or appropriate to meet the applicable
requirements of this Act;
b) Provide for the establishment and operation of
appropriate devices, methods, systems and procedures
necessary to monitor, compile and analyze data on
ambient air quality;
c) Include a program to provide for the following: (1)
enforcement of the measures described in subparagraph
[a]; (2) regulation of the modification and construction of
any stationary source within the areas covered by the
plan, in accordance with land use policy to ensure that
ambient air quality standards are achieved; d) Contain
adequate provisions, consistent with the provisions of
this Act, prohibiting any source or other types of
emissions activity within the country from emitting any air
pollutant in amounts which will significantly contribute to
the non-attainment or will interfere with the maintenance
by the Department of any such ambient air quality
standard required to be included in the implementation
plan to prevent significant deterioration of air quality or to
protect visibility; e) Include control strategies and control
measures to be undertaken within a specified time
period, including cost effective use of economic
incentives, management strategies, collection action and
environmental education and information; f) Designate
airsheds; and g) All other measures necessary for the
effective control and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on
the financial, manpower and budgetary resources of the
affected government agencies, and on the alignment of
their programs with the plans.
In addition to direct regulations, the plan shall be
characterized by a participatory approach to the pollution
problem. The involvement of private entities in the
monitoring and testing of emissions from mobile and/or
stationary sources shall be considered.
Likewise, the LGU’s, with the assistance from the
Department, shall prepare and develop an action plan
consistent with the Integrated Air Quality Improvement
Framework to attain and maintain the ambient air quality
standards within their respective airsheds as provided in
Sec. 9 hereof.
The local government units shall develop and submit to
the Department a procedure for carrying out the action
plan for their jurisdiction. The Department, however,
shall maintain its authority to independently inspect the
enforcement procedure adopted. The Department shall
have the power to closely supervise all or parts of the air
quality action plan until such time the local government
unit concerned can assume the function to enforce the
standards set by the Department.
A multi-sectoral monitoring team with broad public
representation shall be convened by the Department for
each LGU to conduct periodic inspections of air pollution
sources to assess compliance with emission limitations
contained in their permits.
SEC. 9.Airsheds.- Pursuant to Sec. 8 of this Act, the
designation of airsheds shall be on the basis of, but not
limited to, areas with similar climate, meteorology and
topology which affect the interchange and diffusion of
pollutants in the atmosphere, or areas which share
common interest or face similar development programs,
prospects or problems.
For a more effective air quality management, a system
of planning and coordination shall be established and a
common action plan shall be formulated for each
airshed.
To effectively carry out the formulated action plans, a
Governing Board is hereby created, hereinafter referred
to as the Board.
The Board shall be headed by the Secretary of the
Department of Environment and Natural Resources as
chairman. The members shall be as follows:
a) Provincial Governors from areas belonging to the
airshed;
b) City/Municipal Mayors from areas belonging to the
airshed;
c) A representative from each concerned government
agency;
d) Representatives from people’s organizations;
e) Representatives from non-government organizations;
and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality
Status Report for each airshed.
Upon consultation with appropriate local government
authorities, the Department shall, from time to time,
revise the designation of airsheds utilizing eco-profiling
techniques and undertaking scientific studies.
Emissions trading may be allowed among pollution
sources within an airshed.
SEC. 10. Management of Non-attainment Areas.- The
Department shall designate areas where specific
pollutants have already exceeded ambient standards as
non-attainment areas. The Department shall prepare
and implement a program that will prohibit new sources
of exceeded air pollutant without a corresponding
reduction in existing resources.
In coordination with other appropriate government
agencies, the LGUs shall prepare and implement a
program and other measures including relocation,
whenever necessary, to protect the health and welfare of
residents in the area.
For those designated as nonattainment areas, the
Department, after consultation with local government
authorities, nongovernment organizations (NGOs),
people’s organizations (POs) and concerned sectors
may revise the designation of such areas and expand its
coverage to cover larger areas depending on the
condition of the areas.
SEC. 11. Air Quality Control Techniques.- Simultaneous
with the issuance of the guideline values and standards,
the Department, through the research and development
program contained in this Act and upon consultation with 24 hours
appropriate advisory committees, government agencies 60
and LGUs, shall issue, and from time to time, revise ----
information on air pollution control techniques. Such 1 yeare
information shall include: SulfurDioxidec
a) Best available technology and alternative methods of 180
prevention, management and control of air pollution; 0.07
b) Best available technology economically achievable 24 hours
which shall refer to the technological basis/standards for 80
emission limits applicable to existing, direct industrial 0.03
emitters of nonconventional and toxic pollutants; and 1 year
c) Alternative fuels, processes and operating methods Nitrogen Dioxide
which will result in the eliminator or significant reduction 150
of emissions. 0.08
Such information may also include data relating to the 24 hours
cost of installation and operation, energy requirements, ----
emission reduction benefits, and environmental impact ----
or the emission control technology. ----
The issuance of air quality guideline values, standards Photochemical Oxidants
and information on air quality control techniques shall be 140
made available to the general public: Provided, That the 0.07
issuance of information on air quality control techniques 1 hour
shall not be construed as requiring the purchase of ----
certain pollution control devices by the public. ----
SEC. 12. Ambient Air Quality Guideline Values and ----
Standards.- The Department, in coordination with other As Ozone
concerned agencies, shall review and or revise and 60
publish annually a list of hazardous air pollutants with 0.03
corresponding ambient guideline values and/or standard 8 hours
necessary to protect 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 Carbon Monoxide 35
Pollutants: 30
1 hour
Short Term a ----
----
Long Term b ----
----
Pollutants
µg/Ncm mg/Ncm
ppm
Averaging Time
µg/Ncm 10
ppm 9
Averaging Time 8 hours
Suspended Particulate Matterc-TSP ----
230d ----
----
24 hours
90 mg/Ncm
----
1 yeare
-PM-10 Leadg
150f 1.5
----
3 monthsg 0.04
1.0 30
---- Chromotropic acid Method or MBTH Colorimetric
1 year Method
5.Hydrogen Chloride
a Maximum limits represented by ninety-eight percentile 200
(98%) values not to be exceed more than once a year. 0.13
b Arithmetic mean 30
c SO2 and Suspended Particulate matter are sampled Volhard Titration with Iodine Solution
once every six days when using the manual methods. A 6.Hydrogen Sulfide
minimum of twelve sampling days per quarter of forty- 100
eight sampling days each year is required for these 0.07
methods. Daily sampling may be done in the future once 30
continuous analyzers are procured and become Methylene Blue
available. 7.Lead
d Limits for Total Suspended Particulate Matter with 20
mass median diameter less than 25-50 um.
e Annual Geometric Mean 30
f Provisional limits for Suspended Particulate Matter with AASc
mass median diameter less than 10 microns and below 8. Nitrogen Dioxide
until sufficient monitoring data are gathered to base a 375,260
proper guideline. 0.20,0.14
g Evaluation of this guideline is carried out for 24-hour 30,60
averaging time and averaged over three moving Greiss- Saltzman
calendar months. The monitored average value for any 9. Phenol
three months shall not exceed the guideline value. 100
b) For National Ambient Air Quality Standards for Source 0.03
Specific Air Pollutants from: 30
Industrial Sources/ Operations: 4-Aminoantiphyrine
10.Sulfur Dioxide
Pollutants1 470, 340
Concentration2 0.18, 0.13
30,60
Averaging time (min.) Colorimetric-Pararosaniline
Method of Analysis/ Measurement3 11. Suspended Particulate

µ/Ncm
ppm Matter-TSP
300
1. Ammonia ----
200 60
0.28 Gravimetric
30
Nesselerization/ Indo Phenol 1 Pertinent ambient standards for Antimony, Arsenic,
2.Carbon Disulfide Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists
30 in the 1978 NPCC Rules and Regulations may be
0.01 considered as guides in determining compliance.
30 2 Ninety-eight percentile (98%) values of 30-minute
Tischer Method sampling measured at 250C and one atmosphere
3. Chlorine and Chlorine Compounds expressed as Cl2 pressure.
100 3 Other equivalent methods approved by the
0.03 Department may be used.
5 The basis in setting up the ambient air quality guideline
Methyl Orange values and standards shall reflect, among others, the
4. Formaldehyde latest scientific knowledge including information on:
50 a) Variable, 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 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.
SEC. 13. Emission Charge System.- The Department, in
case of industrial dischargers, and the Department of
Transportation and Communication (DOTC), in case of
motor vehicle dischargers, shall, based on
environmental techniques, design, impose on and collect
regular emission fees from said dischargers as part of
the emission permitting system or vehicle registration
renewal system, as the case may be. The system shall
encourage the industries and motor vehicles to abate,
reduce, or prevent pollution. The basis of the fees
include, but is not limited to, the volume and toxicity of
any emitted pollutant. Industries, which shall install
pollution control devices or retrofit their existing facilities
with mechanisms that reduce pollution shall be entitled
to tax incentives such as but not limited total credits
and/or accelerated depreciation deductions.
SEC. 14. Air Quality Management Fund.- An Air Quality
Management Fund to be administered by the
Department as a special account in the National
Treasury is hereby established to finance containment,
removal, and clean-up operations of the Government in
air pollution cases, guarantee restoration of ecosystems
and rehabilitate areas affected by the acts of violators of
this Act, to support research, enforcement and
monitoring activities and capabilities of the relevant
agencies, as well as to provide technical assistance to
the relevant agencies. Such fund may likewise be
allocated per airshed for the undertakings herein stated.
The Fund shall be sourced from the fines imposed and
damages awarded to the Republic of the Philippines by
the Pollution Adjudication Board (PAB), proceeds of
licenses and permits issued by the Department under
this Act, emission fees and from donations, endowments
and grants in the forms of contributions. Contributions to
the Fund shall be exempted from donor taxes and all
other taxes, charges or fees imposed by the
Government.
SEC. 15. Air Pollution Research and Development
Program.- The Department, in coordination with the
Department of Science and Technology (DOST), other
agencies, the private sector, the academe, NGO’s and
PO’s, shall establish a National Research and
Development Program for the prevention and control of
air pollution. The Department shall give special
emphasis to research on and the development of
improved methods having industry-wide application for
the prevention and control of air pollution.
Such a research and development program shall
develop air quality guideline values and standards in
addition to internationally-accepted standards. It shall
also consider the socio-cultural, political and economic
implications of air quality management and pollution
control.
Article Two
Air Pollution Clearances
and Permits for Stationary Sources
SEC. 16. Permits.- Consistent with the provisions of this
Act, the Department shall have the authority to issue
permits as it may determine necessary for the prevention
and abatement of air pollution.
Said permits shall cover emission limitations for the
regulated air pollutants to help attain and maintain the
ambient air quality standards. These permits shall serve
as management tools for the LGUs in the development
of their action plan.
SEC. 17. Emission Quotas.- The Department may allow
each regional industrial center that is designated as
special airshed to allocate emission quotas to pollution
sources within its jurisdiction that qualify under an
environmental impact assessment system programmatic
compliance program pursuant to the implementing rules
and regulations of Presidential Decree No. 1586.
SEC. 18. Financial Liability for Environmental
Rehabilitation.- As part of the environmental
management plan attached to the environmental
compliance certificate pursuant to Presidential Decree
No. 1586 and rules and regulations set therefor, the
Department shall require program and project
proponents to put up financial guarantee mechanisms to
finance the needs for emergency response, clean-up
rehabilitation of areas that may be damaged during the
program or project’s actual implementation. Liability for
damages shall continue even after the termination of a
program or project, where such damages are clearly
attributable to that program or project and for a definite
period to be determined by the Department and
incorporated into the environmental compliance
certificate.
Financial liability instruments may be in the form a trust
fund, environmental insurance, surety bonds, letters of
credit, as well as self-insurance. The choice of the
guarantee instruments shall furnish the Department with
evidence of availment of such instruments.
Article Three
Pollution from Stationary Sources
SEC. 19. Pollution From Stationary Sources.- The
Department shall, within two (2) years from the effectivity
of this Act, and every two (2) years thereafter, review, or
as the need therefore arises, revise and publish
emission standards, to further improve the emission 8. Lead
standards for stationary sources of air pollution. Such Any trade, industry or process
emission standards shall be based on mass rate of 10 as Pb
emission for all stationary source of air pollution based AASb
on internationally accepted standards, but not be limited 9. Mercury
to, nor be less stringent than such standards and with Any Source
the standards set forth in this section. The standards, 5 as elemental Hg
whichever is applicable, shall be the limit on the AASb/Cold-Vapor Technique or Hg Analyzer
acceptable level of pollutants emitted from a stationary 10. Nickel and its compounds, except Nickel Carbonyl f
source for the protection of the public’s health and Any source
welfare. 20 as Ni
With respect to any trade, industry, process and fuel- AASb
burning equipment or industrial plant emitting air 11. NOx
pollutants, the concentration at the point of emission i) Manufacture of Nitric Acid
shall not exceed the following limits: 2,000 as acid and NOx and calculated as NO2
Pollutants Phenol-disulfonic acid Method
Standard Applicable to Source
Maximum Permissible Limits (mg/Ncm) ii) Fuel burning steam generators
Method of Analysisa
1. Antimony and Its compounds Phenol-disulfonic acid Method
any source
10 as Sb Existing Source
AASb 1,500 as NO2
2. Arsenic and its compounds
Any source New Source
10 as As
AASb
3. Cadmium and its compounds • Coal-Fired
Any source 1,000 as NO2
10 as Cd
AASb • Oil-Fired
4. Carbon Monoxide 500 as NO2
Any industrial Source
500 as CO
Orsat analysis iii) Any source other than (i) adn (ii)
5. Copper and its Compounds
Any industrial source Phenol-disulfonic acid Method
100 ax Cu
AASb Existing Source
6. Hydrofluoric Acids and Fluoride compounds 1000 as NO2
Any source other than the manufacture of Aluminum
from Alumina
50 as HF New Source
Titration with Ammonium Thiocyanate 500 as NO2
7. Hydrogen Sulfide
i) Geothermal Power Plants 12. Phosphorus Pentoxideg
c.d Any source
Cadmium Sulfide Method 200 as P2O5
Spectrophotometry
ii) Geothermal Exploration and well-testing 13. Zinc and its Compounds
e Any source
100 as Zn
AASb
iii) Any source other than (i) and (ii)
7 as H2S a Other equivalent methods approved by the
Cadmium Sulfide Method Department may be used.
b Atomic Absorption Specttrophotometry manufacture of sulfuric acid and sulfonation process,
c All new geothermal power plants starting construction fuel burning equipment and incineration.
by 01 January 1995 shall control HsS emissions to not For stationary sources of pollution not specifically
more than 150 g/GMW-Hr included in the immediately preceding paragraph, the
d All existing geothermal power plants shall control HsS following emission standards shall not be exceeded in
emissions to not more than 200 g/GMW-Hr within 5 the exhaust gas:
years from the date of effectivity of these revised I. Daily And Half Hourly Average Values
regulations.
e Best practicable control technology for air emissions Daily Average Values
and liquid discharges. Compliance with air and water Half Hourly Average Values
quality standards is required. Total dust
f Emission limit of Nickel Carbonyl shall not exceed 0.5 10 mg/m3
mg/Ncm. 30 mg/m3
g Provisional Guideline Gaseous and vaporous organic substances, expressed
Provided, That the maximum limits in mg/ncm as total organic carbon
particulates in said sources shall be: 10 mg/m3
1. Fuel Burning Equipment 20 mg/m3
Hydrogen chloride (HCl)
a) Urban or Industrial Area 10 mg/m3
150 mg/Ncm 60 mg/m3
b) Other Area Hydrogen fluoride (HF)
200 mg/Ncm 1 mg/m3
2. Cement Plants (Kilns, etc.) 4 mg/m3
150 mg/Ncm Sulfur dioxide (SO2)
3.Smelting Furnaces 50 mg/m3
150 mg/Ncm 200 mg/m3
4. Other Stationary Sourcesa Nitrogen monoxide (NO) and Nitrogen dioxide (NO2),
200 mg/Ncm expressed as nitrogen dioxide for incineration plants with
a capacity exceeding 3 tonnes per hour
a Other Stationary Sources means a trade, process, 200 mg/m3
industrial plant, or fuel burning equipment other than 400 mg/m3
thermal power plants, industrial boilers, cement plants, Nitrogen monoxide (NO) and nitrogen dioxide (NO2),
incinerators and smelting furnaces. expressed as nitrogen dioxide for incineration plants with
Provided, further, That the maximum limits for sulfur a capacity of 3 tonnes per hour or less
oxides in said sources shall be: 300 mg/m3
(1) Existing Sources

(i) Manufacture of Sulfuric Acid and Sulf(on)ation Ammonia

Process 10 mg/m3
2.0gm.Ncm as SO3 20 mg/m3
(ii) Fuel burning Equipment II. All the Average Values Over the Sample Period of a
1.5gm.Ncm as SO2 Minimum of 4 and Maximum of 8 Hours.
(iii) Other Stationary Sourcesa Cadmium and its compounds, expressed as cadmium
1.0gm.Ncm as SO3 (Cd)
(2) New Sources total 0.05
Thallium and its compounds, expressed as thallium (Tl)
(i) Manufacture of Sulfuric Acid and Sulf(on)ation mg/m3
Process Mercury and its Compounds, expressed as mercury (Hg)
1.5 gm.Ncm as SO3 0.05 mg/m3
(ii) Fuel Burning Equipment Antimony and its compounds, expressed as antimony
0.7 gm.Ncm as SO2 (Sb)
(iii) Other Stationary Sourcesa
0.2 gm.Ncm as SO3 Arsenic and its compounds, expressed as arsenic (As)
total 0.5 mg/m3
a Other Stationary Sources refer to existing and new Lead and its compounds, expressed as lead ( Pb)
stationary sources other than those caused by the
Chromium and its compounds, expressed as chromium promote, encourage and implement in their respective
(Cr) jurisdiction a comprehensive ecological waste
management that includes waste segregation, recycling
Cobalt and its compounds, expressed as cobalt (Co) and composting.
With due concern on the effects of climate change, the
Copper and its compounds, expressed as copper (Cu) Department shall promote the use of state-of-the-art,
environmentally-sound and safe non-burn technologies
Manganese and its compounds, expressed as for the handling, treatment, thermal destruction,
manganese (Mn) utilization, and disposal of sorted, unrecycled,
uncomposted, biomedical and hazardous wastes.
Nickel and its compounds, expressed as nickel (Ni) Article Four
Pollution from Motor Vehicles
Vanadium and its compounds, expressed as vanadium SEC. 21. Pollution from Motor Vehicles.- a) The DOTC
(V) shall implement the emission standards for motor
vehicles set pursuant to and as provided in this Act. To
Tin and its compounds, expressed as tin (Sn) further improve the emission standards, the Department
shall review, revise and publish the standards every two
These average values cover also gaseous and the vapor (2) years, or as the need arises. It shall consider the
forms of the relevant heavy metal emission as well as maximum limits for all major pollutants to ensure
their compounds: Provided, That the emission of dioxins substantial improvement in air quality for the health,
and furans into the air shall be reduced by the most safety and welfare of the general public.
progressive techniques: Provided, further, That all The following emission standards for type approval of
average of dioxin and furans measured over the sample motor vehicles shall be effective by the year 2003:
period of a minimum of 5 hours and maximum of 8 hours a) For light duty vehicles, the exhaust emission limits for
must not exceed the limit value of 0.1 nanogram/m3. gaseous pollutants shall be:
Pursuant to Sec. 8 of this Act, the Department shall Emission Limits for Light Duty Vehicles
prepare a detailed action plan setting the emission Type Approval
standards or standards of performance for any stationary (Directive 91/441/EEC)
source the procedure for testing emissions for each type
of pollutant, and the procedure for enforcement of said
standards.
Existing industries, which are proven to exceed emission
rates established by the Department in consultation with 2.72
stakeholders, after a thorough, credible and transparent 0.97
measurement process shall be allowed a grace period of CO
eighteen (18) months for the establishment of an (g/km)
environmental management system and the installation a for compression-ignition engines only
of an appropriate air pollution control device : Provided, b) For light commercial vehicles, the exhaust emission
That an extension of not more than twelve (12) months limit of gaseous pollutants as a function of the given
may be allowed by the Department on meritorious reference mass shall be:
grounds.
SEC. 20. Ban on Incineration.- Incineration, hereby Reference Weight (RW) (kg)
defined as the burning of municipal, biomedical and CO (g/km)
hazardous waste, which process emits poisonous and HC + NOx (g/km)
toxic fumes is hereby prohibited; Provided, however, PMa (g/km)
That the prohibition shall not apply to traditional small- Category 1
scale method of community/neighborhood sanitation 1250< RW
“siga”, traditional, agricultural, cultural, health, and food 2.72
preparation and crematoria; Provided, further, That 0.97
existing incinerators dealing with a biomedical wastes 0.14
shall be out within three (3) years after the effectivity of Category 2
this Act; Provided, finally, that in the interim, such units 1250< RW<1700
shall be limited to the burning of pathological and 5.17
infectious wastes, and subject to close monitoring by the 1.4
Department. 0.19
Local government units are hereby mandated to 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:
CO
(g/k/Wh)
HC
(g/k/Wh)
NOx
(g/k/Wh)
PM
(g/k/Wh)
4.5
1.1
8.0
0.36a
a In the case of engines of 85 kW or less, the limit value
for particular emissions in 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:
[1] Inspect and monitor the emissions of motor vehicles;
[2] Prohibit or enjoin the use of motor vehicles or a class
of motor vehicles in any area or street at specified times;
and
[3] Authorize private testing 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
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.
SEC. 22. Regulation of All Motor Vehicles and Engines.-
Any imported new or locally-assembled new motor
vehicle shall not be registered unless it complies with the
emission standards set pursuant to this Act, as
evidenced by a Certificate of Conformity (COC) issued
by the Department.
Any imported new motor vehicle engine shall not be
introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this
Act.
Any imported used motor vehicle or rebuilt motor vehicle
using new or used engines, major parts or components
shall not be registered unless it complies with the
emission standards.
In case of non-compliance, the importer or consignee
may be allowed to modify or rebuild the vehicular engine
so it will be in compliance with applicable emission
standards.
No motor vehicle registration (MVR) shall be issued
unless such motor vehicle passes the emission testing
requirement promulgated in accordance with this Act.
Such testing shall be conducted by the DOTC or its
authorized inspection centers within sixty (60) days prior
to date of registration.
The DTI shall promulgate the necessary regulations
prescribing the useful life of vehicles and engines
including devices in order to ensure that such vehicles
will conform to the emissions which they were certified to
meet. These regulations shall include provisions for
ensuring the durability of emission devices.
SEC. 23. Second-Hand Motor Vehicle Engines.- Any
imported second-hand motor vehicle engine shall not be
introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this
Act.
Article Five
Pollution from Other Sources
SEC. 24. Pollution from smoking.- Smoking inside a
public building or an enclosed public place including
public vehicles and other means of transport or in any
enclosed area outside of one’s private residence, private
place of work or any duly designated smoking area is
hereby prohibited under this Act. This provision shall be
implemented by the LGUs.
SEC. 25. Pollution from other mobile sources.- The
Department, in coordination with appropriate agencies,
shall formulate and establish the necessary standards
for all mobile sources other than those referred to in Sec.
21 of this Act. The imposition of the appropriate fines
and penalties from these sources for any violation of
emission standards shall be under the jurisdiction of the
DOTC.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
SEC. 26. Fuels and Additives.- Pursuant to the Air
Quality Framework to be established under Section 7 of
this Act, the Department of Energy (DOE), co-chaired by
the Department of Environment and Natural Resources
(DENR), in consultation with the Bureau of Product
Standards (BPS) of the DTI, the DOST, the
representatives of the fuel and automotive industries,
academe and the consumers shall set the specifications
for all types of fuel and fuel-related products, to improve
fuel composition for increased efficiency and reduced
emissions: Provided, however, that the specifications for
all types of fuel and fuel-related products set-forth
pursuant to this section shall be adopted by the BPS as
Philippine National Standards (PNS).
The DOE shall also specify the allowable content of
additives in all types of fuels and fuel-related products.
Such standards shall be based primarily on threshold
levels of health and research studies. On the basis of
such specifications, the DOE shall likewise limit the
content or begin that phase-out of additives in all types
of fuels and fuel-related products as it may deem
necessary. Other agencies involved in the performance
of this function shall be required to coordinate with the
DOE and transfer all documents and information
necessary for the implementation of this provision.
Consistent with the provisions of the preceding
paragraphs under this section, it is declared that:
a) not later than eighteen (18) months after the effectivity
of this Act, no person shall manufacture, import, sell,
supply, offer for sale, dispense, transport or introduce
into commerce unleaded premium gasoline fuel which
has an anti-knock index (AKI) of not less that 87.5 and
Reid vapor pressure of not more than 9 psi. Within six
(6) months after the effectivity of this Act, unleaded
gasoline fuel shall contain aromatics not to exceed forty-
five percent (45%) by volume and benzene not to
exceed four percent (4%) by volume; Provided, that by
year 2003, unleaded gasoline fuel should contain
aromatics not to exceed thirty-five percent (35%) by
volume and benzene not to exceed two percent (2%) by
volume;
b) not later than eighteen (18) months after the effectivity
of this Act, no person shall manufacture, import, sell,
supply, offer for sale, dispense, transport or introduce
into commerce automotive diesel fuel which contains a
concentration of sulfur in excess of 0.20% by weight with
a cetane number of index of not less than forty-eight
(48): Provided, That by year 2004, content of said sulfur
shall be 0.05% by weight; and
c) not later than eighteen (18) months after the effectivity
of this Act, no Person shall manufacture, import, sell,
supply, offer for sale, dispense, transport or introduce
into commerce industrial diesel fuel which contains a
concentration of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the
specifications of unleaded gasoline and of automotive
and industrial diesel fuels shall be reviewed and revised
for further improvement in formulation and in accordance
with the provisions of this Act.
The fuels characterized above shall be commercially
available. Likewise, the same shall be the reference
fuels for emission and testing procedures to be
established in accordance with the provisions of this Act.
Any proposed additive shall not in any way increase
emissions of any of the regulated gases which shall
include, but not limited to carbon monoxide,
hydrocarbons, and oxides of nitrogen and particulate
matter, in order to be approved and certified by the
Department.
SEC. 27. Regulation of Fuels and Fuel Additives.- The
DOE, in coordination with the Department and the BPS,
shall regulate the use of any fuel or fuel additive. No
manufacturer, processor or trader of any fuel or additive
may import, sell, offer for sale, or introduce into
commerce such fuel for additive unless the same has
been registered with the DOE. Prior to registration, the
manufacturer, processor or trader shall provide the DOE
with the following relevant information:
a) Product identity and composition to determine the
potential health effects of such fuel additives;
b) Description of the analytical technique that can be
used to detect and measure the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
SEC. 28.Misfueling.- In order to prevent the disabling of
any emission control device by lead contamination, no
person shall introduce or cause or allow the introduction
of leaded gasoline into any motor vehicle equipped with
a gasoline tank filler inlet and labeled “unleaded gasoline
only“. This prohibition shall also apply to any person who
knows or should know that such vehicle is designed
solely for the use of unleaded gasoline.
SEC. 29. Prohibition on Manufacture, Import and Sale of
leaded Gasoline and of Engines and/or Components
Requiring Leaded Gasoline.- Effective not later than
eighteen (18) months after the enactment of this Act, no
person shall manufacture, import, sell, offer for sale,
introduce into commerce, convey or otherwise dispose
of, in any manner, leaded gasoline and engines and
components requiring the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards
and procedures that will allow non-conforming engines
to comply with the use of unleaded fuel within five(5)
years after the effectivity of this Act.
Article Two
Other Pollutants
SEC. 30. Ozone-Depleting Substances.- Consistent with
the terms and conditions of the Montreal Protocol on
Substances that Deplete the Ozone Layer and other
international agreements and protocols to which the
Philippines is a signatory, the Department shall phase
out ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the
Department shall publish a list of substances which are
known to cause harmful effects on the stratospheric
ozone layer.
SEC. 31. Greenhouse Gases.- The Philippine
Atmospheric, Geophysical and Astronomical Service
Administration (PAGASA) shall regularly monitor
meteorological factors affecting environmental conditions
including ozone depletion and greenhouse gases and
coordinate with the Department in order to effectively
guide air pollution monitoring and standard-setting
activities.
The Department, together with concerned agencies and
local government units, shall prepare and fully
implement a national plan consistent with the United
Nations Framework Convention on Climate Change and
other international agreements, conventions and
protocols on the reduction of greenhouse gas emissions
in the country.
SEC. 32. Persistent Organic Pollutants.- The
Department shall, within a period of two (2) years after
the enactment of this Act, establish an inventory list of all
sources of Persistent Organic Pollutants (POPs) in the
country. The Department shall develop short-term and
long-term national government programs on the
reduction and elimination of POPs such as dioxins and
furans. Such programs shall be formulated within a year
after the establishment of the inventory list.
SEC. 33. Radioactive Emissions.- All projects which will
involve the use of atomic and/or nuclear energy, and will
entail release and emission of radioactive substances
into the environment, incident to the establishment or
possession of nuclear energy facilities and radioactive
materials, handling, transport, production, storage, and
use of radioactive materials, shall be regulated in the
interest of public health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with
Department and other appropriate government agencies.
Chapter 4
Institutional Mechanism
SEC. 34. Lead Agency.- The Department, unless
otherwise provided herein, shall be the primary
government agency responsible for the implementation
and enforcement of this Act. To be more effective in this
regard, The Department’s Environmental Management
Bureau (EMB) shall be converted from a staff bureau to
a line bureau for a period of no more than two (2) years,
unless a separate, comprehensive environmental
management agency is created.
SEC. 35. Linkage Mechanism.- The Department shall
consult, participate, cooperate and enter into agreement
with other government agencies, or with affected non-
governmental (NGOs) or people’s organizations
(POs),or private enterprises in the furtherance of the
objectives of this Act.
SEC. 36. Role of Local Government Units.- Local
Government Units (LGUs) shall share the responsibility
in the management and maintenance of air quality within
their territorial jurisdiction. Consistent with Sections 7, 8
and 9 of this Act, LGUs shall implement air quality
standards set by the Board in areas within their
jurisdiction; Provided, however, That in case where the
board has not been duly constituted and has not
promulgated its standards, the standards set forth in this
Act shall apply.
The Department shall provide the LGUs with technical
assistance, trainings and a continuing capability-building
program to prepare them to undertake full administration
of the air quality management and regulation within their
territorial jurisdiction.
SEC. 37. Environmental and Natural Resources Office.-
There may be established an Environment and Natural
Resources Office in every province, city, or municipality
which shall be headed by the environment and natural
resources officer and shall be appointed by the Chief
Executive of every province, city or municipality in
accordance with the provisions of Section 484 of
Republic Act No. 7160. Its powers and duties, among
others, are:
a) To prepare comprehensive air quality management
programs, plans and strategies within the limits set forth
in Republic act. No. 7160 and this Act which shall be
implemented within its territorial jurisdiction upon the
approval of the sanggunian;
b) To provide technical assistance and support to the
governor or mayor, as the case may be, in carrying out
measures to ensure the delivery of basic services and
the provision of adequate facilities relative to air quality;
c) To take the lead in all efforts concerning air quality
protection and rehabilitation;
d) To recommend to the Board air quality standards
which shall not exceed the maximum permissible
standards set by rational laws;
e) To coordinate with other government agencies and
non-governmental organizations in the implementation of
measures to prevent and control air pollution; and
f) Exercise such other powers and perform such duties
and functions as may be prescribed by law or ordinance:
Provided, however, That in
provinces/cities/municipalities where there are no
environment and natural resources officers, the local
executive concerned may designate any of his official
and/or chief of office preferably the provincial, city or
municipal agriculturist, or any of his employee: Provided,
finally, That in case an employee is designated as such,
he must have sufficient experience in environmental and
natural resources management, conservation and
utilization.
SEC. 38. Record-keeping, Inspection, Monitoring and
Entry by the Department.- The Department or its duly
accredited entity shall, after proper consultation and
notice, require any person who owns or operates any
emissions source or who is subject to any requirement of
this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or
methods;
(d) sample emission, in accordance with the methods,
locations, intervals and manner prescribed by the
Department;
(e) keep records on control equipment parameters,
production variables or other indirect data when direct
monitoring of emissions is impractical; and
(f) provide such other information as the Department
may reasonably require.
Pursuant to this Act, the Department, through its
authorized representatives, shall have the right of:
(a) entry or access to any premises including documents
and relevant materials as referred to in the herein
preceding paragraph;
(b) inspect any pollution or waste source, control device,
monitoring equipment or method required; and
(c) test any emission.
Any record, report or information obtained under this
section shall be made available to the public, except
upon a satisfactory showing to the Department by the
entity concerned that the record, report or information, or
parts thereof, if made public, would divulge secret
methods or processes entitled to protection as
intellectual property. Such record, report or information
shall likewise be incorporated in the Department’s
industrial rating system.
SEC. 39. Public Education and Information Campaign.-
A continuing air quality information and education
campaign shall promoted by the Department, the
Department of Education, Culture and Sports (DECS),
the Department of the Interior and Local Government
(DILG), the Department of Agriculture (DA) and the
Philippine Information Agency (PIA). Consistent with
Sec. 7 of this Act, such campaign shall encourage the
participation of other government agencies and the
private sector including NGOs, POs, the academe,
environmental groups and other private entities in a
multi-sectoral information campaign.
Chapter 5
Actions
SEC. 40. Administrative Action.- Without prejudice to the
right of any affected person to file an administrative
action, the Department 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
Department with respect to such standard or limitation.
SEC. 41. Citizen Suits.- For purposes of enforcing the
provisions of this Act or its implementing rules and
regulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts
against:
(a) Any person who violates or fails to comply with the
provisions of this Act or its implementing rules and
regulations; or
(b) The Department or other implementing agencies with
respect to orders, rules and regulations issued
inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined as a duty by
this Act or its implementing rules and regulations; or
abuses his authority in the performance of his duty; or, in
any manner, improperly performs his duties under this
Act or its implementing rules and regulations: Provided,
however, That no suit can be filed until thirty-day (30)
notice has been taken thereon.
The court shall exempt such action from the payment of
filing fees, except fees for actions not capable of
pecuniary estimations, and shall likewise, upon prima
facie showing of the non-enforcement or violation
complained of, exempt the plaintiff from the filing of an
injunction bond for the issuance of a preliminary
injunction.
Within thirty (30) days, the court shall make a
determination if the compliant herein is malicious and/or
baseless and shall accordingly dismiss the action and
award attorney’s fees and damages.
SEC. 42. Independence of Action.- The filing of an
administrative suit against such person/entity does not
preclude the right of any other person to file any criminal
or civil action. Such civil action shall proceed
independently.
SEC. 43. Suits and Strategic Legal Actions Against
Public Participation and the Enforcement of This Act.-
Where a suit is brought against a person who filed an
action as provided in Sec. 41 of this Act, or against any
person, institution or government agency that
implements this Act, it shall be the duty of the
investigating prosecutor or the court, as the case may
be, to immediately make a determination not exceeding
thirty (30) days whether said legal action has been filed
to harass, vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing the
provisions of this Act. Upon determination thereof,
evidence warranting the same, the court shall dismiss
the case and award attorney’s fees and double
damages.
This provision shall also apply and benefit public officers
who are sued for acts committed in their official capacity,
their being no grave abuse of authority, and done in the
course of enforcing this Act.
SEC. 44. Lien Upon Personal and Immovable Properties
of Violators.- Fines and penalties imposed pursuant to
this Act shall be liens upon personal or immovable
properties of the violator. Such lien shall, in case of
insolvency of the respondent violator, enjoy preference
to laborer’s wages under Articles 2241 and 2242 of
Republic Act No. 386, otherwise known as the New Civil
Code of the Philippines.
Chapter 6
Fines and Penalties
SEC. 45. Violation of Standards for Stationary Sources.-
For actual exceedance of any pollution or air quality
standards under this Act or its rules and regulations, the
Department, through the Pollution Adjudication Board
(PAB), shall impose a fine of not more than One hundred
thousand pesos (P100,000.00) for every day of violation
against the owner or operator of a stationary source until
such time that the standards have been complied with.
For purposes of the application of the fines, the PAB
shall prepare a fine rating system to adjust the maximum
fine based on the violator’s ability to pay, degree of
willfulness, degree of negligence, history of non-
compliance and degree of recalcitrance: Provided, That
in case of negligence, the first time offender’s ability to
pay may likewise be considered by the Pollution
Adjudication Board: Provided, further, That in the
absence of any extenuating or aggravating
circumstances, the amount of fine for negligence shall
be equivalent to one-half of the fine for willful violation.
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.
In addition to the fines, the PAB shall order closure,
suspension of development, construction, or operations
of the stationary sources until such time that proper
environmental safeguards are put in place: Provided,
That an establishment liable for a third offense shall
suffer permanent closure immediately. This paragraph
shall be without prejudice to the immediate issuance of
an ex parte order for such closure, suspension of
development or construction, or cessation of operations
during the pendency of the case upon prima facie
evidence that their is imminent threat to life, public
health, safety or general welfare, or to plant or animal
life, or whenever there is an exceedance of the emission
standards set by the Department and/or the Board
and/or the appropriate LGU.
SEC. 46. Violation of Standards for Motor Vehicles.- No
motor vehicle shall be registered with the DOTC unless it
meets the emission standards set by the Department as
provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards
through visual signs, such as, but not limited to smoke-
belching, shall be subjected to an emission test by a duly
authorized emission testing center. For this purpose, the
DOTC or its authorized testing center shall establish a
roadside inspection system. Should it be shown that
there was no violation of emission standards, the vehicle
shall be immediately released. Otherwise, a testing
result indicating an exceedance of the emission
standards would warrant the continuing custody of the
impounded vehicle unless the appropriate penalties are
fully paid, and the license plate is surrendered to the
DOTC pending the fulfillment of the undertaking by the
owner/operator of the motor vehicle to make the
necessary repairs so as to comply with the standards. A
pass shall herein be issued by the DOTC to authorize
the use of the motor vehicle within a specified period that
shall not exceed seven (7) days for the sole purpose of
making the necessary repairs on the said vehicle. The
owner/operator of the vehicle shall be required to correct
its defects and show proof of compliance to the
appropriate pollution control office before the vehicle can
be allowed to be driven on any public or subdivision
roads.
In addition, the driver and operator of the apprehended
vehicle shall undergo a seminar on pollution control
management conducted by the DOTC and shall also
suffer the following penalties:
a) First Offense - a fine not to exceed Two Thousand
Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand
Pesos (P2,000.00) and not to exceed Four Thousand
Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor
Vehicle Registration (MVR) and a fine of not less than
Four Thousand Pesos (P4,000.00) and not more than
Six thousand pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d)
with regard to national inspection and maintenance
program, including technicians and facility compliance
shall penalized with a fine of not less than Thirty
Thousand Pesos (P30,000.00) or cancellation of license
of both the technician and the center, or both, as
determined by the DTI.
All law enforcement officials and deputized agents
accredited to conduct vehicle emissions testing and
apprehensions shall undergo a mandatory training on
emission standards and regulations. For this purpose,
the Department, together with the DOTC, DTI, DOST,
Philippine National Police (PNP) and other concerned
agencies and private entities shall design a training
program.
SEC. 47. Fines and Penalties for Violations of Other
Provisions in the Act.- For violations of all other
provisions provided in this Act and of the rules and
regulations thereof, a fine of not less than Ten thousand
pesos (P10,000) but not more than One Hundred
thousand Pesos (P100,000) or six (6) months to six (6)
years imprisonment or both shall be imposed. If the
offender is a juridical person, the president, manager,
directors, trustees, the pollution control officer or the
officials directly in charge of the operations shall suffer
the penalty herein provided.
SEC. 48. Gross Violations.- In case of gross violation of
this Act or its implementing rules and regulations, the
PAB shall recommend to the proper government
agencies to file the appropriate criminal charges against
the violators. The PAB shall assist the public prosecutor
in the litigation of the case. Gross violation shall mean:
[a] three (3) or more specific offenses within a period of
one (1) year;
[b] three (3) or more specific offenses with three (3)
consecutive years;
[c] blatant disregard of the orders of the PAB, such s but
not limited to the breaking of seal, padlocks and other
similar devices, or operation despite the existence of an
order for closure, discontinuance or cessation of
operation; and
[d] irreparable or grave damage to the environment as a
consequence of any violation of the provisions of this
Act.
Offenders shall be punished with imprisonment of not
less than six (6) years but not more than ten (10) years
at the discretion of the court. If the offender is a juridical
person, the president, manager, directors, trustees, the
pollution control officer or the officials directly in charge
of the operations shall suffer the penalty herein provided.
Chapter 7
Final Provisions
SEC. 49. Potential Loss or Shifts of Employment.- The
Secretary of Labor is hereby authorized to establish a
compensation, retraining and relocation program to
assist workers laid off due to a company’s compliance
with the provisions of this Act.
SEC. 50. Appropriations.- An amount of Seven Hundred
Fifty Million Pesos (P750,000,000.00) shall be
appropriated for the initial implementation of this Act, of
which, the amount of Three Hundred Million Pesos
(P300,000,000.00) shall be appropriated to the
Department; Two Hundred Million Pesos
(P200,000,000.00) to the DTI; One Hundred Fifty Million
Pesos (P150,000,000.00) to the DOTC; and One
Hundred Million Pesos (P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out
the provisions of this Act shall be included in the General
Appropriations Act.
SEC. 51. Implementing Rules and Regulations.- The
Department, in coordination with the Committees on
Environment and Ecology of the Senate and House of
Representatives, respectively and other agencies, shall
promulgate the implementing rules and regulations for
this Act, within one (1) year after the enactment of this
Act: Provided, That rules and regulations issued by other
government agencies and instrumentalities for the
prevention and/or abatement of pollution not inconsistent
with this Act shall supplement the rules and regulations
issued by the Department pursuant to the provisions of
this Act.
SEC. 52. Report to Congress.- The Department shall
report to Congress, not later than March 30 of every year
following the approval of this Act, the progress of the
pollution control efforts and make the necessary
recommendations in areas where there is need for
legislative action.
SEC. 53. Joint Congressional Oversight Committee.-
There is hereby created a joint congressional oversight
committee to monitor the implementation of this Act. The
committee shall be composed of five (5) senators and
five (5) representatives to be appointed by the Senate
President and the Speaker of the House of
Representatives, respectively, the oversight committee
shall be co-chaired by a senator and a representative
designated by the Senate President and the Speaker of
the House of Representatives, respectively.
The mandate given to the joint congressional oversight
committee under this Act shall be without prejudice to
the performance of the duties and functions by the
respective existing oversight committees of the Senate
and the House of Representatives.
SEC. 54.Separability of Provisions.- If any provision of
this Act or the application of such provision to any
person or circumstances is declared unconstitutional, the
remainder of the Act or the application of such provision
to other person or circumstances shall not be affected by
such declaration.
SEC. 55. Repealing Clause.- Presidential Decree No.
1181 is hereby repealed. Presidential Decrees Nos.
1152, 1586 and Presidential Decree No. 984 are partly
modified. All other laws, orders, issuance, rules and
regulations inconsistent herewith are hereby repealed or
modified accordingly.
SEC. 56.Effectivity.- This Act shall take effect fifteen (15)
days from the date of its publication in the Official
Gazette or in at least two (2) newspapers of general
circulation.