Envi Law Notes FINAL

1
ENVIRONMENTAL LAW NOTES

Atty. Jeffrey Jefferson Coronel
CLIMATE CHANGE COMMISSION
Legal Mandate
In response to the urgency for action on climate change, the Philippines passed Republic Act 9729, also known as
the Climate Change Act of 2009, anchored on the constitutional provision which states that it is the policy of the State
to afford full protection and the advancement of the right of the people to a balanced and healthful ecology to fulfill
human needs while maintaining the quality of the natural environment for current and future generations. RA 9729
provides, among others the following:
Establishment of a Climate Change Commission, an independent and autonomous body that has the same status
as that of a national government agency. The CCC is under the Office of the President and is the sole policymaking body of the government which shall be tasked to coordinate, monitor and evaluate the programs and
action plans of the government relating to climate change pursuant to the provisions of this Act. (Section 4).
The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the
Chairman, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice
Chairperson of the Commission. (Section 5)
The LGUs as frontline agencies in the formulation, planning and implementation of climate change action plans in
their respective areas, shall formulate their Local Climate Change Action Plan, consistent with the provisions of
the Local Government Code, the Framework, and the National Climate Change Action Plan. (Section 14)
Inter-local government unit collaboration shall be maximized in the conduct of climate- related activities. (Section
14)
Powers and Functions

a. Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the national, sectoral
and local development plans and programs;
b. Coordinate and synchronize climate change programs of national government agencies;
c. Formulate an Framework Strategy on Climate Change to serve as the basis for a program for climate change
planning, research and development, extension and monitoring of activities on climate change;
d. Exercise policy coordination to ensure the attainment of goals set in the framework strategy and programs on
climate change;
e. Recommend legislation, policies, strategies, programs on the appropriations for climate change adaptation and
mitigation and other related activities;
f. Recommend key development investments in climate-sensitive sectors such as water resources, agriculture,
forestry, coastal and marine resources, health and infrastructure to ensure the achievement of national
sustainable development goals;
g. Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-transfer
instruments;
h. Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate
change mitigation and adaptation;
i. Formulate strategies on mitigating GHG and other anthropogenic causes of climate change;
j. Coordinate and establish a close partnership with the National Disaster Coordinating Council (National Disaster
Risk Reduction and Management Council) in order to increase efficiency and effectiveness in reducing the peoples
vulnerability to climate related disasters;
k. In coordination with the Department of Foreign Affairs, represent the Philippines in the climate change
negotiations;
l. Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation
assessments and facilitate the provision of technical assistance for their implementation and monitoring;
m. Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change
impacts of regions, provinces, cities and municipalities;
n. Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change
initiatives in vulnerable communities and areas;

o. Promote and provide technical and financial support to local research and development programs and projects in
vulnerable communities and areas; and
p. Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and
protocols and adaptation and mitigation measures.
Organizational Structure
CLIMATE CHANGE ACT OF 2009 RA 9729

S. No. 2583 H. No. 5982
[ REPUBLIC ACT NO. 9729, October 23, 2009 ]
AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE FRAMEWORK STRATEGY AND
PROGRAM ON CLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE CHANGE COMMISSION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. This Act shall be known as the "Climate Change Act of 2009".
SEC. 2. Declaration of Policy. It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful
ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which
espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future
generations.
Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or
common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to
the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the
stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the

climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that
food production is not threatened and to enable economic development to proceed in a sustainable manner. As a party to the Hyogo
Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related
disasters.
Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential
dangerous consequences of climate change such as rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires,
floods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the countrys environment,
culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk
reduction. It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment
organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize
the benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in
all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and
institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the
context of sustainable development.
Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance
climate change adaptive capacity, the State shall integrate disaster risk reduction into climate change programs and initiatives.
Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are founded upon sound
environmental considerations and the principle of sustainable development, it is hereby declared the policy of the State to systematically
integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other
development tools and techniques by all agencies and instrumentalities of the government.
SEC. 3. Definition of Terms. For purposes of this Act, the following shall have the corresponding meanings:
a. "Adaptation" refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects,
which moderates harm or exploits beneficial opportunities.
b. "Adaptive capacity" refers to the ability of ecological, social or economic systems to adjust to climate change including climate
variability and extremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in
climate or to cope with the consequences thereof.
c. "Anthropogenic causes" refer to causes resulting from human activities or produced by human beings.
d. "Climate Change" refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and
that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity.
e. "Climate Variability" refers to the variations in the average state and in other statistics of the climate on all temporal and spatial scales
beyond that of individual weather events.
f. "Climate Risk" refers to the product of climate and related hazards working over the vulnerability of human and natural ecosystems.
g. "Disaster" refers to a serious disruption of the functioning of a community or a society involving widespread human, material,
economic or environmental losses and impacts which exceed the ability of the affected community or society to cope using its own
resources.
h. "Disaster risk reduction" refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and
manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property,
wise management of land and the environment, and improved preparedness for adverse events.
i. "Gender mainstreaming" refers to the strategy for making womens as well as mens concerns and experiences an integral dimension
of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so
that women and men benefit equally and inequality is not perpetuated. It is the process of assessing the implications for women and
men of any planned action, including legislation, policies, or programs in all areas and at all levels.
j. "Global Warming" refers to the increase in the average temperature of the Earths near-surface air and oceans that is associated with
the increased concentration of greenhouse gases in the atmosphere.
k. "Greenhouse effect" refers to the process by which the absorption of infrared radiation by the atmosphere warms the Earth.
l. "Greenhouse gases (GHG)" refers to constituents of the atmosphere that contribute to the greenhouse effect including, but not
limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
m. "Mainstreaming" refers to the integration of policies and measures that address climate change into development planning and
sectoral decision-making.
n. "Mitigation" in the context of climate change, refers to human intervention to address anthropogenic emissions by sources and
removals by sinks of all GHG, including ozone-depleting substances and their substitutes.
o. "Mitigation potential" shall refer to the scale of GHG reductions that could be made, relative to emission baselines, for a given level of
carbon price (expressed in cost per unit of carbon dioxide equivalent emissions avoided or reduced).
p. "Sea level rise" refers to an increase in sea level which may be influenced by factors like global warming through expansion of sea
water as the oceans warm and melting of ice over land and local factors such as land subsidence.
q. "Vulnerability" refers to the degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change,
including climate variability and extremes. Vulnerability is a function of the character, magnitude, and rate of climate change and
variation to which a system is exposed, its sensitivity, and its adaptive capacity.
SEC. 4. Creation of the Climate Change Commission. There is hereby established a Climate Change Commission, hereinafter referred to as the

Commission.
The Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency. It shall
be attached to the Office of the President.
The Commission shall be the sole policy-making body of the government which shall be tasked to coordinate, monitor and evaluate the
programs and action plans of the government relating to climate change pursuant to the provisions of this Act.
The Commission shall be organized within sixty (60) days from the effectivity of this Act.
SEC. 5. Composition of the Commission. The Commission shall be composed of the President of the Republic of the Philippines who shall serve
as the Chairperson, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice Chairperson of the
Commission.
The Commission shall have an advisory board composed of the following:
a. Secretary of the Department of Agriculture;
b. Secretary of the Department of Energy;
c. Secretary of the Department of Environment and Natural Resources;
d. Secretary of the Department of Education;
e. Secretary of the Department of Foreign Affairs;
f. Secretary of the Department of Health;
g. Secretary of the Department of the Interior and Local Government;
h. Secretary of the Department of National Defense, in his capacity as Chair of the National Disaster Coordinating Council;
i. Secretary of the Department of Public Works and Highways;
j. Secretary of the Department of Science and Technology;
k. Secretary of the Department of Social Welfare and Development;
l. Secretary of the Department of Trade and Industry;
m. Secretary of the Department of Transportation and Communications;
n. Director-General of the National Economic and Development Authority, in his capacity as Chair of the Philippine Council for
Sustainable Development;
o. Director-General of the National Security Council;
p. Chairperson of the National Commission on the Role of Filipino Women;
q. President of the League of Provinces;
r. President of the League of Cities;
s. President of the League of Municipalities;
t. President of the Liga ng mga Barangay;
u. Representative from the academe;
v. Representative from the business sector; and
w. Representative from nongovernmental organizations.
At least one (1) of the sectoral representatives shall come from the disaster risk reduction community.
The representatives shall be appointed by the President from a list of nominees submitted by their respective groups. They shall serve for a term
of six (6) years without reappointment unless their representation is withdrawn by the sector they represent. Appointment to any vacancy shall
be only for the unexpired term of the predecessor.
Only the ex officio members of the advisory board shall appoint a qualified representative who shall hold a rank of no less than an
Undersecretary.
SEC. 6. Meetings of the Commission. The Commission shall meet once every three (3) months, or as often as may be deemed necessary by the
Chairperson. The Chairperson may likewise call upon other government agencies for the proper implementation of this Act.
SEC. 7. Qualifications, Tenure, Compensation of Commissioners. The Commissioners must be Filipino citizens, residents of the Philippines, at
least thirty (30) years of age at the time of appointment, with at least ten (10) years of experience on climate change and of proven honesty and
ntegrity. The Commissioners shall be experts in climate change by virtue of their educational background, training and experience: Provided,
That at least one (1) Commissioner shall be female: Provided, further, That in no case shall the Commissioners come from the same sector:
Provided, finally, That in no case shall any of the Commissioners appoint representatives to act on their behalf.
The Commissioners shall hold office for a period of six (6) years, and may be subjected to reappointment: Provided, That no person shall serve
for more than two (2) consecutive terms: Provided, further, That in case of a vacancy, the new appointee shall fully meet the qualifications of a
Commissioner and shall hold office for the unexpired portion of the term only: Provided, finally, That in no case shall a Commissioner be
designated in a temporary or acting capacity.
The Vice Chairperson and the Commissioners shall have the rank and privileges of a Department Secretary and Undersecretary, respectively.

They shall be entitled to corresponding compensation and other emoluments and shall be subject to the same disqualifications.
SEC. 8. Climate Change Office. There is hereby created a Climate Change Office that shall assist the Commission. It shall be headed by a Vice
Chairperson of the Commission who shall act as the Executive Director of the Office. The Commission shall have the authority to determine the
number of staff and create corresponding positions necessary to facilitate the proper implementation of this Act, subject to civil service laws,
rules and regulations. The officers and employees of the Commission shall be appointed by the Executive Director.
SEC. 9. Powers and Functions of the Commission. The Commission shall have the following powers and functions:
a. Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the national, sectoral and local development
plans and programs;
b. Coordinate and synchronize climate change programs of national government agencies;
c. Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate change planning, research and
development, extension, and monitoring of activities on climate change;
d. Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change;
e. Recommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other
related activities;
f. Recommend key development investments in climate- sensitive sectors such as water resources, agriculture, forestry, coastal and
marine resources, health, and infrastructure to ensure the achievement of national sustainable development goals;
g. Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-transfer instruments;
h. Create an enabling environment that shall promote broader multi-stakeholder participation and integrate climate change mitigation
and adaptation;
i. Formulate strategies on mitigating GHG and other anthropogenic causes of climate change;
j. Coordinate and establish a close partnership with the National Disaster Coordinating Council in order to increase efficiency and
effectiveness in reducing the peoples vulnerability to climate-related disasters;
k. In coordination with the Department of Foreign Affairs, represent the Philippines in the climate change negotiations;
l. Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate
the provision of technical assistance for their implementation and monitoring;
m. Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions,
provinces, cities and municipalities;
n. Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable
communities and areas;
o. Promote and provide technical and financial support to local research and development programs and projects in vulnerable
communities and areas; and
p. Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and
adaptation and mitigation measures.
SEC. 10. Panel of Technical Experts. The Commission shall constitute a national panel of technical experts consisting of practitioners in
disciplines that are related to climate change, including disaster risk reduction.
The Panel shall provide technical advice to the Commission in climate science, technologies, and best practices for risk assessment and
enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change.
The Commission shall set the qualifications and compensation for the technical experts. It shall provide resources for the operations and
activities of the Panel.
SEC. 11. Framework Strategy and Program on Climate Change. The Commission shall, within six (6) months from the effectivity of this Act,
formulate a Framework Strategy on Climate Change. The Framework shall serve as the basis for a program for climate change planning, research
and development, extension, and monitoring of activities to protect vulnerable communities from the adverse effects of climate change.
The Framework shall be formulated based on climate change vulnerabilities, specific adaptation needs, and mitigation potential, and in
accordance with the international agreements.
The Framework shall be reviewed every three (3) years, or as may be deemed necessary.
SEC. 12. Components of the Framework Strategy and Program on Climate Change. The Framework shall include, but not limited to, the
following components:
a. National priorities;
b. Impact, vulnerability and adaptation assessments;
c. Policy formulation;
d. Compliance with international commitments;
e. Research and development;
f. Database development and management;
g. Academic programs, capability building and mainstreaming;
h. Advocacy and information dissemination;

i.
j.
Monitoring and evaluation; and

Gender mainstreaming.
SEC. 13. National Climate Change Action Plan. The Commission shall formulate a National Climate Change Action Plan in accordance with the
Framework within one (1) year after the formulation of the latter.
The National Climate Change Action Plan shall include, but not limited to, the following components:
a. Assessment of the national impact of climate change;
b. The identification of the most vulnerable communities/areas, including ecosystems to the impacts of climate change, variability and
extremes;
c. The identification of differential impacts of climate change on men, women and children;
d. The assessment and management of risk and vulnerability;
e. The identification of GHG mitigation potentials; and
f. The identification of options, prioritization of appropriate adaptation measures for joint projects of national and local governments.
SEC. 14. Local Climate Change Action Plan. The LGUs shall be the frontline agencies in the formulation, planning and implementation of
climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the
National Climate Change Action Plan.
Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and
implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation, as one of their
regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal
and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate-related activities.
LGUs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging
issues. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments, modifications and revisions
thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and logistics to
effectively implement their respective action plans.
The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan.
It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their
Local Climate Change Action Plans.
The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said
local plan effectively, any provision in the Local Government Code to the contrary notwithstanding.
SEC. 15. Role of Government Agencies. To ensure the effective implementation of the framework strategy and program on climate change,
concerned agencies shall perform the following functions:
a. The Department of Education (DepED) shall integrate climate change into the primary and secondary education curricula and/or
subjects, such as, but not limited to, science, biology, sibika, history, including textbooks, primers and other educational materials,
basic climate change principles and concepts;
b. The Department of the Interior and Local Government (DILG) and Local Government Academy shall facilitate the development and
provision of a training program for LGUs in climate change. The training program shall include socioeconomic, geophysical, policy, and
other content necessary to address the prevailing and forecasted conditions and risks of particular LGUs. It shall likewise focus on
women and children, especially in the rural areas, since they are the most vulnerable;
c. The Department of Environment and Natural Resources (DENR) shall oversee the establishment and maintenance of a climate change
information management system and network, including on climate change risks, activities and investments, in collaboration with
other concerned national government agencies, institutions and LGUs;
d. The Department of Foreign Affairs (DFA) shall review international agreements related to climate change and make the necessary
recommendation for ratification and compliance by the government on matters pertaining thereto;
e. The Philippine Information Agency (PIA) shall disseminate information on climate change, local vulnerabilities and risk, relevant laws
and protocols and adaptation and mitigation measures; and
f. Government financial institutions, shall, any provision in their respective charters to the contrary notwithstanding, provide
preferential financial packages for climate change- related projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they
shall, within thirty (30) days from the effectivity of this Act, issue and promulgate the implementing guidelines therefor.
The Commission shall evaluate, recommend the approval of loans and monitor the use of said funds of LGUs.
SEC. 16. Coordination with Various Sectors. In the development and implementation of the National Climate Change Action Plan, and the local
action plans, the Commission shall coordinate with the nongovernment organizations (NGOs), civic organizations, academe, peoples
organizations, the private and corporate sectors and other concerned stakeholder groups.
SEC. 17. Authority to Receive Donations and/or Grants. The Commission is hereby authorized to accept grants, contributions, donations,

endowments, bequests, or gifts in cash, or in kind from local and foreign sources in support of the development and implementation of climate
change programs and plans: Provided, That in case of donations from foreign governments, acceptance thereof shall be subject to prior
clearance and approval of the President of the Philippines upon recommendation of the Secretary of Foreign Affairs: Provided, further, That such
donations shall not be used to fund personal services expenditures and other operating expenses of the Commission.
The proceeds shall be used to finance:
a. Research, development, demonstration and promotion of technologies;
b. Conduct of assessment of vulnerabilities to climate change impacts, resource inventory, and adaptation capability building;
c. Advocacy, networking and communication activities in the conduct of information campaign; and
d. Conduct of such other activities reasonably necessary to carry out the objectives of this Act, as may be defined by the Commission.
SEC. 18. Funding Allocation for Climate Change. All relevant government agencies and LGUs shall allocate from their annual appropriations
adequate funds for the formulation, development and implementation, including training, capacity building and direct intervention, of their
respective climate change programs and plans. It shall also include public awareness campaigns on the effects of climate change and energysaving solutions to mitigate these effects, and initiatives, through educational and training programs and micro-credit schemes, especially for
women in rural areas. In subsequent budget proposals, the concerned offices and units shall appropriate funds for program/project
development and implementation including continuing training and education in climate change.1avvphi1
SEC. 19. Joint Congressional Oversight Committee. There is hereby created a Joint Congressional Oversight Committee to monitor the
implementation of this Act. The Oversight 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 to be designated by the Senate President and the Speaker of the House of Representatives, respectively. Its funding
requirement shall be charged against the appropriations of Congress.
SEC. 20. Annual Report. The Commission shall submit to the President and to both Houses of Congress, not later than March 30 of every year
following the effectivity of this Act, or upon the request of the Congressional Oversight Committee, a report giving a detailed account of the
status of the implementation of this Act, a progress report on the implementation of the National Climate Change Action Plan and recommend
legislation, where applicable and necessary. LGUs shall submit annual progress reports on the implementation of their respective local action
plan to the Commission within the first quarter of the following year.
SEC. 21. Appropriations. The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated as initial operating fund in addition to the
unutilized fund of the Presidential Task Force on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate
Change. The sum shall be sourced from the Presidents contingent fund.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the annual General Appropriations Act.
SEC. 22. Implementing Rules and Regulations. Within ninety (90) days after the approval of this Act, the Commission shall, upon consultation
with government agencies, LGUs, private sector, NGOs and civil society, promulgate the implementing rules and regulations of this Act:
Provided, That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act.
SEC. 23. Transitory Provisions. Upon the organization of the Commission, the Presidential Task Force on Climate Change created under
Administrative Order No. 171 and the Inter-Agency Committee on Climate Change created by virtue of Administrative Order No. 220, shall be
abolished: Provided, That their powers and functions shall be absorbed by the Commission: Provided, further, That the officers and employees
thereof shall continue in a holdover capacity until such time as the new officers and employees of the Commission shall have been duly
appointed pursuant to the provisions of this Act. All qualified regular or permanent employees who may be transferred to the Commission shall
not suffer any loss in seniority or rank or decrease in emoluments. Any employee who cannot be absorbed by the Commission shall be entitled
to a separation pay under existing retirement laws.
SEC. 24. Separability Clause. If for any reason any section or provision of this Act is declared as unconstitutional or invalid, the other sections
or provisions hereof shall not be affected thereby.
SEC. 25. Repealing Clause. All laws, ordinances, rules and regulations, and other issuances or parts thereof which are inconsistent with this
Act are hereby repealed or modified accordingly.
SEC. 26. Effectivity. This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two
(2) national newspapers of general circulation.
KYOTO PROTOCOL (insert salient provisions based on sirs discussion, complete Kyoto Protocol very long)
INTERNATIONAL ENVIRONMENTAL LAW
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

History
Precedents of the DENR:
- Department of Interior: took over matters of natural resources, however was abolished and all its
responsibilities were re-assigned to the Department of Agriculture and Natural Resources
- (1932) DANR renamed to DAC or Department of Agriculture and Commerce (DAC)
- (1974) Through PD No 461 split DANR into 2 departments namely the Department of Agriculture (DA)
and the Department of Natural Resources (DNR)
- The Department of Energy, Environment and Natural Resources (DENNR) took the powers and
responsibilities of DNR and DA through Executive Order No. 131.
- June 10, 1987: the DENNR was renamed as the Department of Environment and Natural Resources
(DENR) through Executive Order No. 192.
Core Functions
- The DENRs 3 main functions and responsibilities are as follows:
1. Formulation and Implementation of rules and policies that involve the management of the
environment, and the prevention and control of pollution
2. Supervision of policies and programs that concerns the conservation, use, and replenishment of
the country's natural resource
3. Establishment of rules concerning the Philippine forests, lands, mineral source, and wildlife
PHILIPPINE ENVIRONMENT POLICY (PD 1151)

Section 1. Policy. It is hereby declared a continuing policy of the State (a) to create, develop, maintain and improve conditions under which man
and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements of present
and future generations of Filipinos, and (c) to insure the attainment of an environmental quality that is conducive to a life of dignity and wellbeing.
Section 2. Goal. In pursuing this policy, it shall be the responsibility of the Government, in cooperation with concerned private organizations and
entities, to use all practicable means, consistent with other essential considerations of national policy, in promoting the general welfare to the
end that the Nation may (a) recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment
for succeeding generations, (b) assure the people of a safe, decent, healthful, productive and aesthetic environment, (c) encourage the widest
exploitation of the environment without degrading it, or endangering human life, health and safety or creating conditions adverse to
agriculture, commerce and industry, (d) preserve important historic and cultural aspects of the Philippine heritage, (e) attain a rational and
orderly balance between population and resource use, and (f) improve the utilization of renewable and non-renewable resources.
Section 3. Right to a Healthy Environment. In furtherance of these goals and policies, the Government recognizes the right of the people to a
healthful environment. It shall be the duty and responsibility of each individual to contribute to the preservation and enhancement of the
Philippine environment.
Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the
national government, including government-owned or controlled corporations, as well as private corporations firms and entities shall prepare,
file and include in every action, project or undertaking which significantly affects the quality of the environment a detail statement on
(a) the environmental impact of the proposed action, project or undertaking
(b) any adverse environmental effect which cannot be avoided should the proposal be implemented;
(c) alternative to the proposed action;
(d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and
enhancement of the long-term productivity of the same; and
(e) whenever a proposal involve the use of depletable or non-renewable resources, a finding must be made that such use and
commitment are warranted.

Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject
matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of
the same.
Section 5. Agency Guidelines. The different agencies charged with environmental protection as enumerated in Letter of Instruction No. 422
shall, within sixty (60) days from the effectivity of this Decree, submit to the National Environmental Protection Council (NEPC), their respective
guidelines, rules and regulations to carry out the provisions of Sec. 4 hereof on environmental impact assessments and statements.
PHILIPPINE ENVIRONMENT CODE (PD 1152)

Section 1. Short Title. This Decree shall be known and cited as the "Philippine Environment Code."
TITLE I
AIR QUALITY MANAGEMENT
Section 2. Purposes. The purposes of this Title are:
(a) to achieve and maintain such levels of air quality as to protect public health; and
(b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social
and economic development of the country.
Chapter I
Standards
Section 3. Ambient Air Quality Standards. There shall be established ambient air quality standards which shall prescribe the maximum
concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare.
In the establishment of ambient air quality standards, factors such as local atmospheric conditions, location and land use, and available
technology, shall be considered among others.
Section 4. National Emission Standards. There shall be established national emission standards for new and existing stationary and mobile
sources of pollution which shall consider among others such factors as type of industry, practicable control technology available, location and
land use, and the nature of pollutants emitted.
Section 5. Community Noise Standards. Appropriate standards for community noise levels shall be established considering, among others,
location, zoning and land use classification.
Section 6. Standards for Noise-Producing Equipment. There shall be established a standard for noise producing equipment such as construction
equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances.
The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare,
considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best
available technology and the cost of compliance.
The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other
applicable laws as well as their implementing rules and regulations.
Section 7. Aircraft Emission and Sonic Booms. Appropriate government agencies shall encourage research studies on the harmful effects of
aircraft emissions in the environment in order to establish permissible emission standards.
Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in the environment.
Chapter II
Regulation and Enforcement
Section 8. Air Quality and Noise Standards. The National Pollution Control Commission in coordination with appropriate government agencies
shall be responsible for the enforcement of ambient air quality emission and noise standards, including the monitoring and surveillance of air
pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations.
Existing air quality emission and noise standards may be revised and/or modified consistent with new development and technology.
Section 9. Aircraft Noise. Community noise standards around airports shall be implemented by the Civil Aeronautics Administration in
coordination with the National Pollution Control Commission.
Section 10. Vehicular Emissions. The Land Transportation Commission, in coordination with the National Pollution Control Commission, shall
implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose.
Section 11. Radioactive Emissions. The release and emission of radioactivity into the environment incident to the establishment or possession of
nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be
regulated by the Philippine Atomic Energy Commission in coordination with other appropriate government agencies.
Chapter III
Monitoring
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Section 12. Air Quality Monitoring. The National Pollution Control Commission, in coordination with appropriate government agencies, shall
establish to the greatest extent practicable an air quality monitoring network. Such air quality monitoring network shall put to maximum use the
capabilities of these agencies.
The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities.
Section 13. Weather Modification. The Philippine Atmospheric, Geophysical and Astronomical Services Administration shall monitor regularly
meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities.
Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be undertaken in
consultation and/or in coordination with the Philippine Atmospheric, Geophysical and Astronomical Service Administration.
TITLE II
WATER QUALITY MANAGEMENT
Section 14. Purpose. It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine
water resources through:
(a) classification of Philippine waters;
(b) establishment of water quality standards;
(c) protection and improvement of the quality of the Philippine water resources, and
(d) responsibilities for surveillance and mitigation of pollution incidents.
Chapter I
Classification and Standards
Section 15. Classification of Philippine Waters. The National Pollution Control Commission, in coordination with appropriate government
agencies, shall classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution Control Commission
shall take into account, among others, the following:
(a) the existing quality of the body of water at the time of classification;
(b) the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and
(c) the most beneficial uses of said bodies of water and lands bordering them for residential, agricultural, commercial, industrial,
navigational, recreational, and aesthetic purposes.
Section 16. Reclassification of Waters Based on Intended Beneficial Use. Where the public interest so requires, the National Pollution Control
Commission, in coordination with appropriate government agencies, shall reclassify a body of water based on the intended beneficial use and
take such steps as may be necessary to upgrade the quality of said water. Other government agencies may adopt higher standards for a
particular body of water, subject to the approval of the National Pollution Control Commission.
Section 17. Upgrading of Water Quality. Where the quality of water has deteriorated to a degree where its state will adversely affect its best
usage, the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the
prescribed water quality standards.
Section 18. Water Quality Standards. The National Pollution Control Commission shall prescribe quality and effluent standards consistent with
the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections, taking
into consideration, among others, the following:
(a) the standard of water quality or purity may vary according to beneficial uses; and
(b) the technology relating to water pollution control.
Chapter II
Protection and Improvement of Water Quality
Section 19. Enforcement and Coordination. The production, utilization, storage and distribution of hazardous, toxic and other substances such as
radioactive materials, heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge and dumping of untreated wastewater, mine
tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries, water-borne
sources, and other human activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate government
agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies
concern shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary
to enable it to attain its objectives under Presidential Decree No. 1121.
Section 20. Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his
own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations
and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution.
Section 21. Water Quality Monitoring and Surveillance. The various government agencies concerned with environmental protection shall
establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules
to meet the needs of the country. Said water quality surveillance network shall put to maximum use the capabilities of such government
agencies. Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring
activities as the need arises.
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TITLE III
LAND USE MANAGEMENT
Section 22. Purpose. The purposes of this Title are:
(a) to provide a rational, orderly and efficient acquisition, utilization and disposition of land and its resources in order to derive
therefrom maximum benefits; and
(b) to encourage the prudent use and conservation of land resources in order to prevent and imbalance between the nation's needs
and such resources.
Section 23. National Land Use Scheme. The Human Settlements Commission, in coordination with the appropriate agencies of the government,
shall formulate and recommend to the National Environmental Protection Council a land use scheme consistent with the purpose of this Title.
The Land Use Scheme shall include among others, the following:
a. a science-based and technology-oriented land inventory and classification system;
b. a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or abandoned;
c. a comprehensive and accurate determination of the adaptability of the land for community development, agriculture,
industry, commerce and other fields of endeavor;
d. a method of identification of areas where uncontrolled development could result in irreparable damage to important
historic, cultural, or aesthetic values, or natural systems or processes of national significance;
e. a method for exercising control by the appropriate government agencies over the use of land in areas of critical
environmental concern and areas impacted by public facilities including, but not limited to, airports, highways, bridges, ports
and wharves, buildings and other infrastructure projects;
f. a method to ensure the consideration of regional development and land use in local regulations;
g. policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land
around new communities;
h. a system of controls and regulations pertaining to areas and development activities designed to ensure that any source of
pollution will not be located where it would result in a violation of any applicable environmental pollution control
regulations; and
i. a recommended method for the periodic revisions and updating of the national land use scheme to meet changing
conditions.
Section 24. Location of Industries. In the location of industries, factories, plants, depots and similar industrial establishments, the regulating or
enforcing agencies of the government shall take into consideration the social, economic, geographic and significant environmental impact of
said establishments.
TITLE IV
NATURAL RESOURCES MANAGEMENT AND CONSERVATION
Section 25. Purposes. The purposes of this Title are:
(a) to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum benefits
therefrom and to preserve the same for the future generations; and
(b) to provide general measures through which the aforesaid policy may be carried out effectively.
Chapter I
Fisheries and Aquatic Resources
Section 26. Management Policy. The National government, through the Department of Natural Resources, shall establish a system of rational
exploitation of fisheries and aquatic resources within the Philippine territory and shall encourage citizen participation therein to maintain
and/or enhance the optimum and continuous productivity of the same.
Section 27. Measures for National Exploitation. Measures for the national exploitation of fisheries and other aquatic resources may include, but
shall not be limited to, the following:
(a) undertaking manpower and expertise development;
(b) acquiring the necessary facilities and equipment;
(c) regulating the marketing of threatened species of fish or other aquatic resources;
(d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with a view of formulating
guidelines for the systematic and effective enforcement thereof; and
(e) conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining
the mangrove areas, marshes and inland waters, coral reef-areas and islands serving as sanctuaries for fish and other aquatic life.
Chapter II
Wildlife
Section 28. Management Policy. The national government through the Department of Natural Resources, shall establish a system of rational
exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their
continuous productivity.
Section 29. Measures for Rational Exploitation. Measures for rational exploitation of wildlife resources may include, but shall not be limited to,
the following:
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(a) regulating the marketing of threatened wildlife resources.
(b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the
systematic and effective enforcement thereof; and
(c) conserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original habitat, habitat
manipulation, determining bag/creel limits, population control in relation to the carrying capacity of any given area, banning of
indiscriminate and/or destructive means of catching or hunting them.
Chapter III
Forestry and Soil Conservation
Section 30. Management Policy for Forestry. The national government, through the Department of Natural Resources, shall undertake a system
of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country's forest resources at maximum
productivity at all time.
Section 31. Measures for Rational Exploitation of Forest Resources. Measures for the rational exploitation of forest resources may include, but
shall not be limited to, the following:
(a) regulating the marketing of threatened forest resources;
(b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the
systematic and efficient enforcement thereof;
(c) conserving threatened species of flora as well as increasing their rate of propagation; the banning of destructive modes of
exploitation, kaingin making or shifting cultivation, indiscriminate harvesting of minor forest products the recycling methods of waste
materials, and
(d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; land classification; forest
occupancy management; agri-silviculture; range management; agri-silvicultural/kaingin management; industrial tree plantation; parks
and wildlife management; multiple use forest; timber management and forest research.
Section 32. Use of Fertilizers and Pesticides. The use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance
level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation.
Section 33. Management Policy on Soil Conservation. The national government, through the Department of Natural Resources and the
Department of Agriculture, shall likewise undertake a soil conservation program including therein the identification and protection of critical
watershed areas, encouragement of scientific farming techniques, physical and biological means of soil conservation, and short-term and longterm researches and technology for effective soil conservation.
Chapter IV
Flood Control and Natural Calamities
Section 34. Measures in Flood Control Program. In addition to the pertinent provisions of existing laws, the following shall be included in a soil
erosion, sediment and flood control program;
(a) the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores;
(b) the control of flow and flooding in and from rivers and lakes;
(c) the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water;
(d) the needs of fisheries and wildlife and all other recreational uses of natural water;
(e) measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and
availability of natural water for other purposes; and
(f) measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby
acquired.
Section 35. Measures to Mitigate Destructive Effects of Calamities. The national government, through the Philippine Atmospheric, Geophysical
and Astronomical Services Administration, shall promote intensified and concerted research efforts on weather modification, typhoon,
earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent
their destructive effects.
Chapter V
Energy Development
Section 36. Policy. Consistent with the environmental protection policies, the national government, through the Energy Development Board,
shall undertake an energy development program encouraging the utilization of invariant sources such as solar, wind and tidal energy.
Section 37. Measures for Energy Development. Measures for energy development program may include, but shall not be limited to, the
following:
(a) setting up of pilot plants utilizing invariant sources of energy;
(b) training of technical personnel for purposes of energy development; and
(c) conducting researches aimed at developing technology for energy development.
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Section 38. Safety Measures on Energy Development. Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of
energy development on the environment. For this purpose, all nuclear powered plants exploring and utilizing geothermal energy, whether
owned or controlled by private or government entities shall:
(a) observe internationally accepted standards of safety; and
(b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community.
Chapter VI
Conservation and Utilization of Surface and Ground Waters
Section 39. Management Policy. In addition to existing laws, the national government through the National Water Resources Council in
coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of the quality of
Philippine water resources and provide for the prevention, control and abatement of water pollution.
Chapter VII
Mineral Resources
Section 40. Management Policy. - The national government, through the Department of Natural Resources, shall undertake a system of gainful
exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor.
Section 41. Measures for Exploitation and Utilization of Mineral Resources. Measures for the gainful exploitation and rational and efficient
utilization of such mineral resources may include, but shall not be limited to the following:
(a) increasing research and development in mineral resources technology;
(b) training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields;
(c) regulating the exploitation of identified mineral reserves;
(d) accelerating the exploration of undiscovered mineral deposits; and
(e) encouraging the establishment of processing plants for refined metals.
TITLE V
WASTE MANAGEMENT
Section 42. Purpose. The purposes of this Title are:
(a) to set guidelines for waste management with a view to ensuring its effectiveness;
(b) to encourage, promote and stimulate technological, educational economic and social efforts to prevent environmental damage
and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of wastes and waste products; and
(c) to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and
effective waste management.
Chapter I
Enforcement and Guidelines
Section 43. Waste Management Programs. Preparation and implementation of waste management program shall be required of all provinces,
cities and municipalities. The Department of Local Government and Community Development shall promulgate guidelines for the formulation
and establishment of waste management programs.
Every waste management program shall include the following:
(a) an orderly system of operation consistent with the needs of the area concerned;
(b) a provision that the operation will not create pollution of any kind or will constitute public nuisance;
(c) a system for a safe and sanitary disposal of waste;
(d) a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered;
(e) schedules and methods of implementing the development, construction and operation of the plan together with the estimated
costs; and
(f) a provision for the periodic revision of the program to ensure its effective implementation.
Section 44. Responsibility of Local Governments. Each province, city or municipality shall provide measures to facilitate the collection,
transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this
purpose, the national government shall provide the necessary subsidy, to local governments upon request made through the National
Environmental Protection Council and subject to such terms and conditions as the latter may provide.
Chapter II
Methods of Solid Waste Disposal
Section 45. Solid Waste Disposal. Solid Waste disposal shall be by sanitary landfill, incineration, composing, and other methods as may be
approved by competent government authority.
Section 46. Sanitary Landfills. Local governments, including private individuals, corporations or organizations may operate one or more sanitary
landfills. Any entity proposing to operate a sanitary landfill shall submit to the appropriate government agency an operational work plan
showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the
equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be located along any
shore or coastline, or along the banks of rivers and streams. lakes throughout their entire length, in violation of any existing rules and
regulations.
14

Section 47. Incineration and Composting Plants. The installation and establishment of incineration or composting plants, or the
alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution
Control Commission.
Section 48. Disposal Sites. The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control
regulations.
Section 49. Dumping into the Sea and Other Navigable Waters. The dumping or disposal of solid wastes into the sea and any body of water in
the Philippines, including shorelines and river banks, where these wastes are likely to be washed into the water is prohibited. However, dumping
of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and
property, subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission.
Government agencies and private entities which are undertaking solid waste management programs shall make consultations with
the government agencies concerned with respect to the effects of such dumping to the marine environment and navigation.
Chapter III
Methods of Liquid Waste Disposal
Section 50. Liquid Waste Disposal. Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either
physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government
authority.
Section 51. Applicability of Sec. 8. The provisions of Sec. 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and
other bodies of water.
TITLE VI
MISCELLANEOUS PROVISIONS
Section 52. Population-Environment Balance. In the assessment of development projects, the National Environmental Protection Council,
hereinafter referred to in this Title as the "Council" shall take into consideration their effect on population with a view to achieving a rational
and orderly balance between man and his environment.
Section 53. Environmental Education. The Department of Education and Culture shall integrate subjects on environmental education in its
school curricula at all levels. It shall also endeavor to conduct special community education emphasizing the relationship of man and nature as
well as environmental sanitation and practices.
The Council and other government agencies implementing environmental protection laws in coordination with public information
agencies of the government shall undertake public information activities for the purpose of stimulating awareness and encouraging involvement
in environmental protection.
Section 54. Environmental Research. The Council shall undertake and/or promote continuing studies and research programs on environmental
management and shall, from time to time, determine priority areas of environmental research.
Section 55. Monitoring and Dissemination of Environmental Information of Foreign Origin. The Council shall keep itself informed of current
environmental developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs,
government agencies and other entities, both domestic and foreign. Such information and literature shall be given the widest dissemination
possible.
Section 56. Incentives. To operate the installation and the utilization of pollution control facilities, the following incentives are hereby granted:
a. exemption to the extent of fifty (50) per cent of tariff duties and compensating tax for the importation of pollution control
equipment, devices, spare parts and accessories for a period of five (5) years from the effectivity of this Decree subject to
the conditions that will be imposed by the Council.
b. a tax credit equivalent to fifty (50) per cent of the value of the compensating tax and tariff duties that would have been paid
on the pollution control equipment, devices, spare parts and accessories had these items been imported shall, within a
period of seven (7) years from the effectivity of this Decree be given to the person or firm who or which purchases them
from a domestic manufacturer, and another tax credit equivalent to twenty-five (25) per cent thereof shall be given to the
said manufacturer subject to such conditions as may be imposed by the Council; and
c. deductions equivalent to fifty (50) per cent of the expenses actually incurred on research projects undertaken to develop
technologies for the manufacture of pollution control equipment which have been proven effective and commercially
reproducible, from the taxable income of the person or firm actually undertaking such projects subject to the conditions that
may be imposed by the Council.
The pollution control equipment, devices, spare parts and accessories acquired under this Section shall not be sold, transferred or
disposed of within five (5) years from the date of acquisition without the prior approval of the Council otherwise the importer or purchaser shall
pay twice the amount of the tax exemption or tax credit granted.
15

Section 57. Financial Assistance/Grant. Financial assistance/grant for the study, design and construction of environmental protection facilities
especially for waste disposal in favor of cities, municipalities, small and medium-scale industries may be granted on a case to case basis subject
to such conditions as may be imposed by the Council.
Section 58. Participation of Local Government Units and Private Individuals. It shall be the responsibility of local government units as well as
private individuals to actively participate in the environmental management and protection programs of the government.
Section 59. Preservation of Historic and Cultural Resources and Heritage. It shall be the duty of every person to help preserve the historic and
cultural resources of the country such as sites, structures, artifacts, documents, objects, memorials and priceless trees.
Section 60. Government Offices Performing Environmental Protection Functions. Government agencies vested by law to exercise environmental
management powers, shall continue to function as such within their respective jurisdictions. The Council may, however, in the exercise of its
powers and functions under Presidential Decree No. 1121, inquire into any action or issue of environmental significance.
Section 61. Public Hearings. The Council may, whenever it deems necessary, conduct public hearings on issues of environmental significance.
Section 62. Definition of Terms. As used in this Code:
(a) "Ambient Air Quality" means the average atmospheric purity as distinguished from discharge measurements taken at the source of
pollution. It is the general amount of pollution present in a broad area.
(b) "Emission" means the act of passing into the atmosphere an air contaminant, pollutant, gas stream and unwanted sound from a
known source.
(c) "Water Quality" means the characteristics of water which define its use in terms of physical, chemical and biological contents;
hence the quality of water for domestic use is different from industrial use.
(d) "Water Quality Surveillance" means a close and continuous supervision of the water quality to detect development movements or
changes in the characteristics of the water.
(e) "Water Quality Standard" means a plan that is established by governmental authority as a program for water pollution prevention
and abatement. Such a standard may include water use classification and the criteria to support the uses of the water.
(f) "Effluent Standards" means restrictions established to limit levels of concentration of physical, chemical and biological constituents
which are discharged from point sources.
(g) "Clean-up Operations" refers to activities conducted in removing the pollutants discharged or spilled in water to restore it to prespill condition.
(h) "Accidental Spills" refers to spills of oil or other hazardous substances in water that result from accidents involving the carriers of
such substance such as collisions and grounding.
(i) "Areas of Critical Environmental Concern" are areas where uncontrolled development could result in irreparable damage to
important historic, cultural, or aesthetic values or natural systems or processes of national significance.
(j) "Hazardous Substances" means elements or compounds which when discharged in any quantity present imminent or substantial
danger to public health and welfare.
(k) "Areas Impacted by Public Facilities" refers to areas where the introduction of public facilities may tend to induce development and
urbanization of more than local significance or impact.
(l) "Environmental Impact" is the alteration, to any degree, of environmental conditions or the creation of a new set of environmental
conditions, adverse or beneficial, to be induced or caused by a proposed project.
(m) "Government Agencies" refers to national, local and regional agencies and instrumentalities including government-owned and
controlled corporations.
EO 192: Reorganization of the DEENR

[ EXECUTIVE ORDER NO. 192, June 10, 1987 ]
PROVIDING FOR THE REORGANIZATION OF THE DEPARTMENT OF ENVIRONMENT, ENERGY AND NATURAL RESOURCES, RENAMING IT AS THE
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND FOR OTHER PURPOSES.
WHEREAS, Executive Order No. 131, dated January 30, 1987, was suspended;
WHEREAS, a policy having been reached on energy, the reorganization of the Department of Natural Resources can now be effected;
WHEREAS, the environment will be affected by the use, development, management, renewal and conservation of the countrys natural
resources;
WHEREAS, there is a need to protect and enhance the quality of the countrys natural resources;
WHEREAS, to attain this objective, environmental concerns and natural resources concern should be given equal attention by the Department;
WHEREAS, under Article XVIII, Section 6, of the 1987 Constitution, the President shall continue to exercise legislative powers until the First
Congress is convened;
16

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby
order:
SECTION 1. Title. This Executive Order shall otherwise be known as the Reorganization Act of the Department of Environment and Natural
Resources.
SEC. 2. Reorganization. The Department of Environment, Energy and Natural Resources is hereby reorganized structurally and functionally and
renamed as the Department of Environment and Natural Resources, hereinafter referred to as Department, in accordance with the provisions of
this Executive Order.
SEC. 3. Declaration of Policy. it is hereby declared the policy of the State to ensure the sustainable use, development, management, renewal,
and conservation of the countrys other natural resources, including the protection and enhancement of the quality of the environment, and
equitable access of the different segments of the population to the development and use of the countrys natural resources, not only for the
present generation but for future generations as well. It is also the policy of the state to recognize and apply a true value system including social
and environmental cost implications relative to their utilization, development and conservation of our natural resources.
SEC. 4. Mandate. The Department shall be the primary government agency responsible for the conservation, management, development and
proper use of the countrys environment and natural resources, specifically forest and grazing lands, mineral resources, including those in
reservation and watershed areas, and lands of the public domain, as well as the licensing and regulations of all natural resources as may be
provided for by law in order to ensure equitable sharing of the benefits derived therefrom for the welfare of the present and future generations
of Filipinos.
To accomplish its mandate, the Department shall be guided by the following objectives that will serve as basis for policy formulation:
(a) Assure the availability and sustainability of the countrys natural resources through judicious use and systematic
restoration or replacement, whenever possible;
(b) Increase the productivity of natural resources in order to meet the demands for forest, mineral, and land resources of
a growing population;
(c) Enhance the contribution of natural resources for achieving national economic and social development;
(d) Promote equitable access to natural resources by the different sectors of the population;
(e) Conserve specific terrestrial and marine areas representative of the Philippines natural and cultural heritage for
present and future generations.
SEC. 5. Power and Functions. To accomplish its mandate, the Department shall have the following powers and functions:
(a) Advise the President on the enactment of laws, relative to the development, use, regulation, and conservation of the
countrys natural resources and the control of pollution;
(b) Formulate, implement, and supervise the governments policies, plans and programs pertaining to the management,
conservation, development, use and replenishment of the countrys natural resources;
(c) Promulgate rules and regulations in accordance with law governing the exploration, development, conservation,
extraction, disposition, use and such other commercial activities tending to cause the depletion and degradation of
our natural resources;
(d) Exercise supervision and control over forest lands, alienable and disposable lands, and mineral resources and in the
process of exercising such control the Department shall impose appropriate payments, fees, charges, rentals and any
such form of levy and collect such revenues for the exploration, development, utilization or gathering of such
revenues;
(e) Undertake exploration, assessment, classification and inventory of the countrys natural resources using ground
surveys remote sensing and complementary technologies;
(f) Promote proper and mutual consultation with the private sector involving natural resources development, use and
conservation;
(g) Undertake geological surveys of the whole country including its territorial waters;
(h) Establish policies and implement programs for the:
(1) Accelerated inventory, surveys and classification of lands, forest, and mineral resources using appropriate
technology, to be able to come up with a more accurate assessment of resource quality and quantity;
(2) Equitable distribution of natural resources through the judicious administration, regulation, utilization, development
and conservation of public lands, forest, and mineral resources (including mineral reservation areas), that would
benefit a greater number of Filipinos;
(3) Promotion, development and expansion of natural resource-based industries;
(4) Preservation of cultural and natural heritage through wildlife conservation and segregation of natural parks and other
protected areas;
(5) Maintenance of a wholesome natural environment by enforcing environment protection laws; and
(6) Encouragement of greater people participation and private initiative resource management.
(i) Promulgate rules and regulations necessary to:
(1) Accelerate cadastral and emancipation patent surveys, land use planning and public titling;
17

(2) Harness forest resources in a sustainable manner, to assist rural development, support forest-based industries, and
provide raw materials to meet increasing demands, at the same time keeping adequate reserves for environmental
stability; and
(3) Expedite mineral resources surveys, promote the production of metallic and non-metallic minerals and encourage
mineral marketing.
(j) Regulate the development, disposition, extraction, exploration and use of the countrys forest, land and mineral
resources;
(k) Assume responsibility for the assessment, development, protection, conservation, licensing and regulation as
provided for by law, where applicable, of all natural resources; the regulation and monitoring of service contractors,
licensees, lessees, and permittees for the extraction, exploration, development and utilization of natural resource
products; the implementation of programs and measures with the end in view of promoting close collaboration
between the government and the private sector; the effective and efficient classification and sub-classification of
lands of the public domain; and the enforcement of natural resources laws, rules and regulations;
(l) Promulgate rules, regulations and guidelines on the issuance of co-production, joint venture or production sharing
agreements, licenses, permits, concessions, leases and such other privileges and arrangement concerning the
development, exploration and utilization of the countrys natural resources and shall continue to oversee, supervise
and police our natural resources; to cancel or cause to cancel such privileges and arrangements upon failure, noncompliance or violations of any regulations, orders, and for all other causes which are in furtherance of the
conservation of natural resources and supportive of the national interests;
(m) Exercise exclusive jurisdiction on the management and disposition of all lands of the public domain and shall continue
to be the sole agency responsible for classification, sub-classifications, surveying and titling of lands in consultation
with appropriate agencies.
(n) Implement measures for the regulation and supervision, of the processing of forest products, grading and inspection
of lumber and other forest products and monitoring of the movement of timber and other forest products;
(o) Promulgate rules and regulations for the control of water, air and land pollution;
(p) Promulgate ambient and effluent standards for water and air quality including the allowable levels of other pollutants
and radiations;
(q) Promulgate policies, rules and regulations for the conservation of the countrys genetic resources and biological
diversity, and endangered habitats;
(r) Formulate an integrated, multi-sectoral, and multi-disciplinary National Conservation Strategy, which will be
presented to the Cabinet for the Presidents approval;
(s) Exercise other powers and functions and perform such other acts as may be necessary, proper or incidental to the
attainment of its mandates and objectives.
SEC. 6. Structural Organization. The Department shall consist of the Department Proper, the staff offices, the staff bureaus and the
regional/provincial/community natural resources offices.
The Department Proper shall consist of the following:
(a) Office of the Secretary
(b) Offices of Undersecretaries
(c) Offices of Assistant Secretaries
(d) Public Affairs Office
(e) Special Concerns Office
(f) Pollution Adjudication Board
The staff sectoral bureaus on the other hand, shall be composed of:
(a) Forest Management Bureau
(b) Lands Management Bureau
(c) Mines and Geo-Sciences Bureau
(d) Environmental Management Bureau
(e) Ecosystems Research and Development Bureau
(f) Protected Areas and Wildlife Bureau
The field offices shall consist of all the department regional offices, the provincial offices and the community offices.
SEC. 7. Secretary of Environment and Natural Resources. The authority and responsibility for the exercise of the mandate of the Department,
the accomplishment of its objectives and the discharge of its powers and functions shall be vested in the Secretary of Environment and Natural
Resources, hereinafter referred to as Secretary, who shall supervise the Department and shall be appointed by the President. For such purposes,
the Secretary shall have the following functions:
(a) Advise the President on the promulgation of rules and regulations and other issuances relative to the conservation,
management, development and proper use of the countrys natural resources;
(b) Establish policies and standards for the efficient and effective operations of the Department in accordance with the
programs of the government;
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(c)
Promulgate rules, regulations, and other issuances necessary in carrying out the Departments mandate, objectives,
policies, plans, programs, and projects;
(d) Exercise supervision over all functions and activities of the Department;
(e) Delegate authority for the performance of any administrative or substantive function to subordinate officials of the
Department;
(f) Perform other functions as may be provided by law or assigned appropriately by the President.
SEC. 8. Office of the Secretary. The Office of the Secretary shall consist of the Secretary and his immediate staff.
SEC. 9. Undersecretary. The Secretary shall be assisted by five (5) Undersecretaries who shall be appointed by the President upon the
recommendation of the Secretary. The Secretary is hereby authorized to delineate, assign and/or reassign the respective functional areas of
responsibility of the Undersecretary, provided, that such responsibility shall be with respect to the mandate and objectives of the Department;
and provided, further, that no Undersecretary shall be assigned primarily administrative responsibilities. Within his functional area of
responsibility, an Undersecretary shall have the following functions:
(a) Advise the Secretary in the promulgation of Department orders, administrative orders and other issuances, with
respect to his area of responsibility;
(b) Exercise supervision over the offices, services, operating units and officers and employees under his responsibilities;
(c) Promulgate rules and regulations, consistent with Department policies, that will efficiently and effectively govern the
activities of units under his responsibility;
(d) Coordinate the functions and activities of the units under his responsibility with those of other units under the
responsibility as may be delegated by the secretaries;
(e) Exercise authority on substantive and administrative matters related to the functions and activities of units under his
responsibility as may be delegated by the Secretary;
(f) Perform other functions as may be provided by law or assigned appropriately by the Secretary.
SEC. 10. Assistant Secretary. The Secretary and the Undersecretaries shall be assisted by seven (7) Assistant Secretaries, in the formulation,
management and implementation of natural resources laws, policies, plans, and programs and projects. They shall oversee the day-to-day
operations, administration and supervision of the constituents of the Department. The seven (7) Assistant Secretaries shall be responsible for
the following:
(a) Policy and Planning Studies
(b) Foreign-Assisted and Special Projects
(c) Field Operations in Luzon
(d) Field Operations in Visayas
(e) Field Operations in Mindanao
(f) Legal Affairs
(g) Management Services
SEC. 11. Public Affairs Office. There is hereby created a Public Affairs Office, under the Office of the Secretary, to be headed by a Director and
assisted by an Assistant Director, which shall serve as the public information arm of the Department. It shall be responsible for disseminating
information on natural resources development policies, plans, programs and projects; and respond to public queries related to the development
and conservation of natural resources.
The Public Affairs Offices of all bureaus are hereby abolished and their functions are transferred to the Public Affairs Office in accordance with
Section 24 (b) hereof.
SEC. 12. Special Concerns Office. There is hereby created a Special Concerns Office under the Office of the Secretary, to be headed by a
Director and assisted by an Assistant Director, which shall be responsible for handling priority areas/subjects identified by the Secretary which
necessitates special and immediate attention.
SEC. 13. Forest Management Bureau. There is hereby created a Forest Management Bureau which shall integrate and absorb the powers and
functions of the Bureau of Forest Development (BFD) and the Wood Industry Development Authority (WIDA), in accordance with Section 24(e)
hereof except those line functions and powers which are transferred to the regional field office. The Forest Management Bureau, to be headed
by a Director and assisted by an Assistant Director shall advise the Secretary on matters pertaining to forest development and conservation and
shall have the following functions, but not limited to:
(a) Recommended policies and/or programs for the effective protection, development, occupancy, management and
conservation of forest lands and watersheds, including grazing and mangrove areas, reforestation and rehabilitation
of critically denuded/degraded forest reservations, improvement of water, resource use the development, ancestral
lands, wilderness areas and other natural preserves, development of forest plantations including rattan bamboo, and
other valuable non-timber forest resources rationalization of the wood-based industries, regulation of the utilization
and exploitation of forest resources including wildlife, to ensure continued supply of forest goods and services.
(b) Advise the regional offices in the implementation of the above policies and/or programs.
(c) Develop plans, programs, operating standards and administrative measures to promote the Bureaus objectives and
functions.
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(d) Assist in the monitoring and evaluation of forestry and watershed development projects to ensure efficiency and
effectiveness.
(e) Undertake studies on the economics of forestry and forest-based industries, including supply and demand trends on
the local, national and international levels, identifying investment problems and opportunities, in various areas.
(f) Perform other functions as may be assigned by the Secretary and/or provided by law.
SEC. 14. Lands Management Bureau. There is hereby created the Lands Management Bureau which shall absorb functions and powers of the
Bureau of Lands except those line functions and powers which are transferred to the regional field office. The Lands Management Bureau to be
headed by a Director and assisted by an Assistant Director shall advise the Secretary on matters pertaining to rational land classification
management and disposition and shall have the following functions, but not limited to:
(a) Recommend policies and programs for the efficient and effective administration, surveys, management and
disposition of alienable and disposable lands of the public domain and other lands outside the responsibilities of
other government agencies; such as reclaimed areas and other areas not needed for or are not being utilized for the
purposes for which they have been established;
(b) Advise the Regional Offices on the efficient and effective implementation of policies, programs and projects for more
effective public lands management;
(c) Assist in the monitoring and evaluation of land surveys, management and disposition of lands to ensure efficiency
and effectiveness thereof;
(d) Issue standards, guidelines, regulations and orders to enforce policies for the maximization of land use and
development;
(e) Develop operating standards and procedures to enhance the Bureaus objectives and functions;
(f) Assist the Secretary as Executive Officer charged with carrying out the provisions of the Public Land Act (C.A. 141, as
amended), who shall have direct executive control of the survey, classification, lease, sale or any other forms of
concessions or disposition and management of the lands of the public domain;
(g) Perform other functions as may be assigned by the Secretary and/or provided by law.
SEC. 15. Mines and Geo-Sciences Bureau. There is hereby created the Mines and Geo-Sciences Bureau which shall absorb the functions of the
Bureau of Mines and Geo-Sciences (BMGS), Mineral Reservations Development Board (MRDB) and the Gold Mining Industry Development
Board (GMIDB) all of which are hereby merged in accordance with Section 24 hereof except those line functions and powers which are
transferred to the regional field office. The Mines and Geo-Sciences Bureau, to be headed by a Director and assisted by an Assistant Director
shall advise the Secretary on matters pertaining to geology and mineral resources exploration, development and conservation and shall have
the following functions, but not limited to:
(a) Recommend policies, regulations and programs pertaining to mineral resources development and geology;
(b) Recommend policies, regulation and oversee the development and exploitation of mineral resources of the sea
within the countrys jurisdiction such as silica sand, gold placer, magnetite and chromite sand, etc.
(c) Advise the Secretary on the granting of mining rights and contracts over areas containing metallic and non-metallic
mineral resources;
(d) Advise the Regional Offices on the effective implementation of mineral development and conservation programs as
well as geological surveys;
(e) Assist in the monitoring and evaluation of the Bureaus programs and projects to ensure efficiency and effectiveness
thereof;
(f) Develop and promulgate standards and operating procedures on mineral resources development and geology;
(g) Supervise and control the development and packaging of nationally applicable technologies on geological survey,
mineral resource assessment, mining and metallurgical, chemical and rock mechanics laboratory services; the
conduct of marine geological and geophysical survey and natural exploration drilling programs;
(h) Perform other functions as may be assigned by the Secretary and/or provided by law.
SEC. 16. Environment Management Bureau. There is hereby created an Environmental Management Bureau. The National Environmental
Protection Council (NEPC), the National Pollution Control Commission (NPCC) and the Environmental Center of the Philippines (ECP), are hereby
abolished and their powers and functions are hereby integrated into the Environmental Management Bureau in accordance with Section 24
hereof, subject to Section 19 hereof. The Environmental Management Bureau shall be headed by a Director and assisted by an Assistant
Director who shall advise the Secretary on matters relating to environmental management, conservation, and pollution control. The
Environmental Management Bureau shall have the following functions:
(a) Recommend possible legislations, policies and programs for environmental management and pollution control;
(b) Advise the Regional Offices in the efficient and effective implementation of policies, programs, and projects for the
effective and efficient environmental management and pollution control;
(c) Formulate environmental quality standards such as the quality standards for water, air, land, noise and radiations;
(d) Recommend rules and regulations for environmental impact assessments and provide technical assistance for their
implementation and monitoring;
(e) Formulate rules and regulations for the proper disposition of solid wastes, toxic and hazardous substances;
(f) Advise the Secretary on the legal aspects of environmental management and pollution control and assist in the
conduct of public hearings in pollution cases;
(g) Provide secretariat assistance to the Pollution Adjudication Board, created under Section 19 hereof;
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(h) Coordinate the inter-agency committees that may be created for the preparation of the State of the Philippine
Environment Report and the National Conservation Strategy;
(i) Provide assistance to the Regional Offices in the formulation and dissemination of information on environmental and
pollution matters to the general public;
(j) Assist the Secretary and the Regional Officers by providing technical assistance in the implementation of
environmental and pollution laws;
(k) Provide scientific assistance to the Regional Offices in the conduct of environmental research programs.
SEC. 17. Ecosystem Research and Development Bureau. The Forest Research Institute and the National Mangrove Committee are hereby
abolished and integrated into the Ecosystems Research and Development Bureau in accordance with Section 24 (e) hereof. The Ecosystems
Research and Development Bureau shall be headed by a Director and assisted by an Assistant Director. The Bureau shall have the following
functions:
(a) Formulate and recommend an integrated research program relating to Philippine ecosystems and natural resources
such as minerals, lands, forests, as holistic and interdisciplinary fields of inquiry;
(b) Assist the Secretary in determining a system of priorities for the allocation of resources to various technological
research programs of the department;
(c) Provide technical assistance in the implementation and monitoring of the aforementioned research programs;
(d) Generate technologies and provide scientific assistance in the research and development of technologies relevant to
the sustainable uses of Philippine ecosystems and natural resources;
(e) Assist the Secretary in the evaluation of the effectiveness of the implementation of the integrated research program.
The Ecosystem Research and Development Bureau shall directly manage and administer the FORI Research Offices, laboratories, and forest
experiment stations located at UP Los Baos and such other field laboratories as the Secretary may assign to its direct supervision. The Bureau
shall coordinate all technological researches undertaken by the field offices, assess and translate all recommendable findings and disseminate
such findings for all possible users and clientele.
SEC. 18. Protected Areas and Wildlife Bureau. There is hereby created a Protected Areas and Wildlife Bureau which shall absorb the Division of
Parks and Wildlife and the Marine Parks Program of the Bureau of Forest Development as well as: Calauit Game Preserve and Wildlife Sanctuary,
Presidential Committee on the Conservation of Tamaraw, Ninoy Aquino Parks and Wildlife Center (formerly Parks and Wildlife Nature Center),
shares in Kabuhayan Program and Agro Forestry State Projects of the KKK Processing Authority, all national parks, wildlife sanctuaries and game
preserves previously managed and administered by the Ministry of Human Settlements including National Parks Reservation situated in the
provinces of Bulacan, Rizal, Laguna and Quezon formerly declared as Bagong Lipunan Sites of said Ministry, Magat Forest Reservation and Mt.
Arayat National Park, formerly with the Ministry of Tourism in accordance with Section 24 (c) hereof. The Bureaus shall have the following
functions:
(a) Formulate and recommend policies, guidelines, rules and regulations for the establishment and management of an
Integrated Protected Areas Systems such as national parks, wildlife sanctuaries and refuge, marine parks, and
biospheric reserves;
(b) Formulate and recommend policies, guidelines, rules and regulations for the preservation of biological diversity,
genetic resources, the endangered Philippine flora and fauna;
(c) Prepare an up-to-date listing of endangered Philippine flora and fauna and recommend a program of conservation
and propagation of the same;
(d) Assist the Secretary in the monitoring and assessment of the management of the Integrated Protected Areas System
and provide technical assistance to the regional Offices in the implementation of programs for these areas;
(e) Perform other functions as may be assigned by the Secretary and/or provided by law.
SEC. 19. Pollution Adjudication Board. There is hereby created a Pollution Adjudication Board under the Office of the Secretary. The Board
shall be composed of the Secretary as Chairman, two (2) Undersecretaries as may be designated by the Secretary, the Director of Environmental
Management, and three (3) others to be designated by the Secretary as members. The Board shall assume the powers and functions of the
Commission/Commissioners of the National Pollution Control Commission with respect tot eh adjudication of pollution cases under Republic Act
3931 and Presidential Decree 984, particularly with respect to Section 6 letters e, f, g, j, k, and p of P.D. 984. The Environmental Management
Bureau shall serve as the Secretariat of the Board. These powers and functions may be delegated to the regional officers of the Department in
accordance with rules and regulations to be promulgated by the Board.
SEC. 20. Field Offices of the Department. The field offices of the Department are the Environment and Natural Resources Regional Offices in
thirteen (13) administrative regions of the country, the Environment and Natural Resources Provincial Office in every province and the
Community Office in municipalities wherever deemed necessary. The regional offices of the Bureau of Forest Development, Bureau of Mines &
Geo-Sciences and Bureau of Lands in each of the thirteen (13) administrative regions and the research centers of the Forest Research Institute
are hereby integrated into the Department-wide Regional Environment and Natural Resources Office of the Department, in accordance with
Section 24(e) hereof. A Regional Office shall be headed by a Regional Executive Director (with the Rank of Regional Director and shall be assisted
by five (5) Regional Technical Directors (with the Rank of Assistant Regional Director) each for Forestry, Land Management, Mines and GeoSciences, Environmental Management and Ecosystems Research. The Regional Executive Directors and Regional Technical Directors shall be
Career Executive Service Officers.
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SEC. 21. Functions of Environment and Natural Resources Regional Office. Environment and Natural Resources Regional Offices shall be located
in the identified regional capitals and shall have the following functions, but not limited to:
(a) Implement laws, policies, plans, programs, projects, rules and regulations of the Department to promote the
sustainability and productivity of natural resources, social equity in natural resource utilization and environmental
protection.
(b) Provide efficient and effective delivery of services to the people;
(c) Coordinate with regional offices of other departments, offices, agencies in the region and local government units in
the enforcement of natural resource conservation laws and regulations, and in the formulation/implementation of
natural resources programs and projects;
(d) Recommend and, upon approval, implement programs and projects on forestry, minerals and land management and
disposition;
(e) Conduct comprehensive inventory of natural resources short and long-term development plans for the conservation,
utilization and replacement of natural resources;
(f) Evolve respective regional budget in conformity with the priorities established by the Regional Development
Councils;
(g) Supervise the processing of natural resources products, grade and inspect minerals, lumber and other wood
processed products, and monitor the movement of these products;
(h) Conduct field researches for appropriate technologies recommend for various projects;
(i) Perform other functions as may be assigned by the Secretary and/or provided by law.
The natural resources provincial and community offices shall absorb, respectively, the functions of the district offices of the bureaus, which are
hereby abolished in accordance with Section 24 (b) hereof. The provincial and community natural resource office shall be headed by a provincial
natural resource officer and community natural resource officer, respectively.
SEC. 22. Attached Agencies and Corporations. The following agencies and corporations are attached to the Department:
(a) National Mapping and Resource Information Authority. There is hereby created the National Mapping and Resource
Information Authority (NAMRIA) which shall integrate the functions and powers of the National Resources
Management Center (NRMC), National Cartography Authority (NCA), the Bureau of Coast and Geodetic Survey
(BCGS), and the Land Classification Teams based at the then Bureau of Forest Development, in accordance with
Section 24 (e) hereof, which shall provide the Department and the government with map-making services. The
authority shall act as the central mapping agency which will serve the needs of the line services of the Department
and other government offices with regard to information and researches, and shall expand its capability in the
production and maintenance of maps, charts and similar photogrammetry and cartography materials.
The Authority shall be responsible for conducting research on remote sensing technologies such as satellite imagery
analysis, airborne multi-spectral scanning systems, and side-looking airborne radar; provide remote sensing services
and vital data on the environment, water resources, agriculture, and other information needed by other government
agencies and the private sector; integrate all techniques of producing maps from the ground surveys to various
combinations of remote sensing techniques in a cost effective and acceptable manner; and the integration of
geographic and related information to facilitate access to and analysis of data and its transformation into useful
information for resource policy formulation, planning and management. It shall be the central depository and
distribution facility for natural resources data in the form of maps, statistics, text, charts, etc. store on paper, film or
computer compatible media and shall operate information services and networks to facilitate transfer, sharing,
access and dissemination of natural resource information in all regions and provinces of the country; establishment
of a nationwide geodetic network of control points that serves as a common reference system for all surveys in the
country and conduct hydrographic and nautical charts vital to sea and water travel as well as the exploitation of our
marine resources; formulate and implement nationwide development program on aerial photography, cartography
and remote sensing mapping activities; establish and implement technical standards and quality specifications on
map production and its reproduction; and provide photogrammetry, cartographic and remote sensing mapping
services in order or accelerate the development of a comprehensive data bank and information systems on base
maps and charts.
The NAMRIA shall be provided with policy directions by a five (5) member Board of Governors consisting of key
officers with no less than the rank of undersecretaries as follows:
Department of Environment & Natural Resources
chairman
Department of Agriculture
member
Department of Public Works & Highways
member
Department of National Defense
member
Department of Transportation & Communications
member
The operations and management of NAMRIA shall be vested in an Administrator shall be vested in an Administrator
who shall be assisted by three (3) Deputy Administrators. The Administrator shall sit in the Board as its secretary.
(b) Natural Resources Development Corporation. The existing Natural Resources Development Corporation (NRDC),
shall be reorganized under the direct supervision of the Secretary. It shall be responsible primarily for promoting
natural resource development and conservation through;
(1) Direct involvement in pioneering but potentially viable production, use and marketing ventures or projects using
new/innovative technologies, systems, and strategies such as but not limited to stumpage sales system, industrial
22

forest plantations or logging operations, rattan tissue culture; provided, however, that activities which compete with
the private sector shall be avoided except in specific cases where the revenues of NRDC are earmarked for a specific
local developmental or social service.
(2) Financing natural resource development projects undertaken by the private sector such as establishing industrial tree
plantations, agro-forestry, small-scale mining and retooling of the natural resource-based processing industries to
improve their efficiency and competitiveness; to discharge these functions effectively, it is hereby authorized to
generate funds through debt instruments from various sources, and innovative income-generating strategies.
The NRDC shall promote the enhancement of forest renewal rate through intensified Industrial Tree Plantation
promotion including the provision of incidental services such as extension of assistance on equity/capital, credit
line/facilities, marketing and management.
(c) The National Electrification Administration. The National Electrification Administration (NEA) which is also attached
to the Department shall be reorganized in order that it can effectively and efficiently act and operate as the principal
implementing arm of the Department in mattes of energy farming and aspects and components of energy policies,
programs and plans which can not be carried out by the private sector. The plans and programs of NEA shall be
carried out in conformity with policies defined by appropriate energy authorities.
SEC. 23. Detachment and Transfers. The following offices and corporation attached to the Department of Environment, Energy and Natural
Resources by E.O. 131 are hereby detached and/or transferred as follows:
(a) Manila Seedling Bank Foundation, Inc. is administratively detached from the Department.
(b) Bureau of Energy Utilization, and
(c) Bureau of Energy Development are transferred to the appropriate energy governing body pursuant to the Executive
Order pertaining to it.
SEC. 24. Transitory Provisions. In accomplishing the acts of reorganization herein prescribed, the following transitory provisions shall be
complied with, unless otherwise provided elsewhere in this Executive Order:
(a) The transfer of a government unit shall include the functions, appropriations, funds, records, equipment, facilities,
chosen in action, rights, other assets, and liabilities, if any, of the transferred unit as well as the personnel thereof, as
may be necessary, who shall, in a hold-over capacity, continue to perform their respective duties and responsibilities
and receive the corresponding salaries and benefits. Those personnel from the transferred unit whose positions are
not included in the Departments new position structure and staffing pattern approved and prescribed by the
Secretary or who are not reappointed shall be deemed separated from the service and shall be entitled to the
benefits provided in the second paragraph of Section 25 hereof.
(b) The transfer of functions which results in the abolition of the government unit that exercised them shall include the
appropriations, funds, records, equipment, facilities, chosen in action, rights, other assets and personnel as may be
necessary to the proper discharge of the transferred functions. The abolished units remaining appropriations and
funds, if any, shall revert to the General Fund and its remaining assets, if any, shall be allocated to such appropriate
units as the Secretary shall determine or shall otherwise be disposed in accordance with the Government Auditing
Code and other pertinent laws, rules and regulations. Its liabilities, if any, shall likewise be treated in accordance with
the Government Auditing Code and other pertinent laws, rules and regulations. Its personnel shall, in a hold-over
capacity, continue to perform their duties and responsibilities and receive the corresponding salaries and benefits. Its
personnel whose positions are not included in the Departments structure and staffing pattern approved and
prescribed by the Secretary under Section 25 hereof or who is not reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided in the second paragraph of the same Section 25.
(c) Any transfer of functions which does not result in the abolition of the government unit that has exercised them shall
include the appropriations, funds, records, equipment, facilities, chosen in action, rights, and assets and personnel as
may be necessary to the proper discharge of the transferred functions. The liabilities, if any, that may have been
incurred in connection with the discharge of the transferred functions, shall be treated in accordance with the
Government Auditing Code and other pertinent laws, rules and regulations. Such personnel shall, in a hold-over
capacity, continue to perform their duties and responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from the service. Any personnel, whose positions are not included in the
Departments new position structure and staffing pattern approved and prescribed by the Secretary under Section 25
hereof or is not reappointed, shall be deemed separated from the service and shall be entitled to the benefits
provided in the second paragraph of the same Section 25.
(d) In case of the abolition of the government unit which does not result in the transfer of its functions to another unit,
the appropriations and funds of the abolished entity shall revert to the General Fund, while the records, equipment,
facilities, chosen in action, rights, and other assets thereof shall be allocated to such appropriate entities as the
Secretary shall determine or shall otherwise be disposed in accordance with the Government Auditing Code and
other pertinent laws, rules and regulations. The liabilities of the abolished units shall be treated in accordance with
the Government Auditing Code and other pertinent laws, rules and regulations, while the personnel thereof, whose
position, is not included in the Departments new position structure and staffing pattern approved and prescribed by
the Secretary under Section 25 hereof or who has not been reappointed, shall be deemed separated from the service
and shall be entitled to the benefits provided in the second paragraph of the same Section 25.
(e) In case of merger or consolidation of government units, the new or surviving unit shall exercise the functions (subject
to the reorganization herein prescribed and the laws, rules and regulations pertinent to the exercise of such
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(f)
functions) and shall acquire the appropriations, funds, records, equipment, facilities, chosen in action, rights, other
assets, liabilities, if any, and personnel, as may be necessary, of the units that compose the merged unit shall, in a
hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from the service. Any such personnel, whose
positions are not included in the Departments new position structure and staffing pattern approved and prescribed
by the Secretary under Section 25 hereof or who are not reappointed, shall be deemed separated from the service
and shall be entitled to the benefits provided in the second paragraph of the same Section 25.
In case of termination of a function which does not result in the abolition of the government unit which performed
such function, the appropriations and funds intended to finance the discharge of such function shall revert t the
General Fund while the records, equipment, facilities, chosen in action, rights and other assets used in connection
with the discharged of such function shall be allocated to the appropriate units as the Department shall determine or
shall otherwise be disposed in accordance with the Government Auditing Code and other pertinent laws, rules and
regulations. The liabilities, if any, that may have been incurred in connection with the discharge of such function shall
likewise be treated in accordance with the Government Auditing Code and other pertinent laws, rules and
regulations. The personnel who have performed such function, whose positions are not included in the Departments
new position structure and staffing pattern approved and prescribed by the Secretary under Section 25 hereof or
who have not been reappointed, shall be deemed separated from the service and shall be entitled to the benefits
provided in the second paragraph of the same Section 25 hereof.
SEC. 25. New Structure and Pattern. Upon approval of this Executive Order, the officers and employees of the Department shall, in a hold-over
capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the
meantime they are separated from government service.
The new position structure and staffing pattern of the Department shall be approved and prescribed by the Secretary within sixty (60) days from
the effectivity of this Executive Order and the authorized positions created thereunder shall be filled with regular appointments by him or by the
President as the case may be. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed
separated from the service shall receive the retirement benefits to which they may be entitled under existing laws, rules and regulations.
Otherwise, they shall be paid the equivalent of one (1) month basic salary for every year of service in the government, or a fraction thereof,
computed on the basis of the highest salary received, but in no case such shall payment exceed the equivalent of twelve (12) months salary.
SEC. 26. Periodic Performance Evaluation. The Department of Environment and Natural Resources is hereby required to formulate and enforce
a system of measuring and evaluating periodically and objectively the performance of the Department and submit the same annually to the
President.
SEC. 27. Notice or Consent Requirement. If any reorganizational change herein authorized is of such substance or materiality as to prejudice
third persons with rights recognized by law or contract such that notice to or consent of creditors is required to be made or obtained pursuant
to any agreement entered into with any of such creditors, such notice or consent requirement shall be complied with prior to the
implementation of such reorganizational change.
SEC. 28. Prohibition Against Structural Changes. No change in the regorganization herein prescribed shall be valid except upon prior approval
of the President for the purpose of promoting efficiency and effectiveness in the delivery of public services.
SEC. 29. Funding. Funds needed to carry out the provisions of this Executive Order shall be taken from funds available in the Department.
SEC. 30. Implementing Authority of the Secretary. The Secretary shall issue such orders, rules and regulations and other issuances as may be
necessary to ensure the effective implementation of the provisions of this Executive Order.
SEC. 31. Separability. Any portion or provisions of this Executive Order that may be declared unconstitutional shall not have the effect of
nullifying other portions or provisions hereof as long as such remaining portions or provisions can still subsist and be given effect in their
entirety.
SEC. 32. Repealing Clause. All laws, ordinances, rules, regulations and other issuances or parts thereof, which are inconsistent with this
Executive Order, are hereby repealed or modified accordingly.
POLLUTION CONTROL
PRESIDENTIAL DECREE No. 984 August 18, 1976
PROVIDING FOR THE REVISION OF REPUBLIC ACT NO. 3931, COMMONLY KNOWN AS THE POLLUTION CONTROL LAW, AND FOR OTHER
PURPOSES
WHEREAS, there is a need to modify the organizational structure of the NATIONAL POLLUTION CONTROL COMMISSION to make it more
effective and efficient in the discharge of its functions and responsive to the demands of the times occasioned by the accelerative phase of the
country's industrialization program;
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WHEREAS, there is an imperative need to strengthen this Commission to best protect the people from the growing menace of environmental
pollution; and
WHEREAS, it is urgently necessary to maintain the role of the Commission as the primary agency responsible for the prevention and control of
environmental pollution;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby
order and decree the revision of Republic Act No. 3931, to be known as the "National Pollution Control Decree of 1976," to read as follows:
Section 1. Statement of Policy. It is hereby declared a national policy to prevent, abate and control pollution of water, air and land for the more
effective utilization of the resources of this country.
Section 2. Definitions. As used in this Decree:
a. "Pollution" means any alteration of the physical, chemical and biological properties of any water, air and/or land resources
of the Philippines, or any discharge thereto of any liquid, gaseous or solid wastes as will or is likely to create or to render
such water, air and land resources harmful, detrimental or injurious to public health, safety or welfare or which will
adversely affect their utililization for domestic, commercial, industrial, agricultural, recreational or other legitimate
purposes.
b. "Sewage" means the water-carried human or animal wastes from residences, buildings, industrial establishments, or other
places, together with such water infiltration and surface water as may be present. The admixture or sewage and industrial
wastes or other wastes as hereafter defined shall also be considered "sewage."
c. "Industrial Waste" means any liquid, gaseous or solid matter, or other waste substance or a combination thereof resulting
from any process of industry, manufacturing trade or business or from the development, processing or recovery or any
natural resources which may cause or tend to cause pollution, or contribute to the pollution of the water, air and land
resources of the Philippines.
d. "Other Waste" means garbage, refuse, wood residues, sand, lime cinders, ashes, offal, night-oil, tar, dye stuffs, acids,
chemicals, and other substances not sewage or industrial waste which may cause or tend to cause pollution; or contribute to
the pollution of the water, air and land resources of the Philippines.
e. "Sewage System or Sewerage System" means pipe lines or conduits, pumping stations, force mains, constructed drainage
ditches, and all other constructions, devices, and appurtenances used for collecting or conducting sewage, and industrial
wastes or other wastes to a point of treatment, discharge or ultimate disposal.
f. "Treatment Works" means any method, construction device or appliance appurtenant thereto, installed for the purpose of
treating, neutralizing, stabilizing, disinfecting, or disposing of sewage, industrial waste or other wastes, or for the recovery of
by-product from such sewage, industrial waste or other wastes.
g. "Sewage Works" means individually or collectively those constructions or devices use for collecting, pumping, treating, and
disposing of sewage, industrial wastes or other waste, or for the recovery of by-products from such sewage, industrial waste
or other waste.
h. "Outlet" means the terminus of a sewage works or point of emergence in the water, air and land resources of the Philippines
of any sewage, industrial wastes or other wastes.
i. "Commission" means the National Pollution Control Commission.
j. "Person" or "Persons" includes any being, natural or juridical, susceptible of rights and obligations or of being the subject of
legal relations.
Section 3. Creation of the National Pollution Control Commission; Members. There is hereby created and established a National Pollution Control
Commission under the Office of the President. The Commission shall be headed by one full-time commissioner and assisted by two full-time
deputy commissioners, one of whom shall be responsible for standard-setting and monitoring and the other for enforcement.
The Commissioner shall be a man of proven executive ability. The Deputy Commissioner for Standard-Setting and Monitoring shall
preferably be a sanitary engineer, while the Deputy Commissioner for Enforcement shall preferably be a lawyer. The Commissioner and the
Deputy Commissioners must have technical expertise in the field of pollution control.
The Commissioner and the Deputy Commissioners shall be appointed by the President of the Philippines.
Section 4. Inter-Agency Advisory Council. There is created an Inter-Agency Advisory Council, attached to the Commission, which shall be
composed of representatives designated by the Secretaries of the Department of Agriculture, Health, Industry, Justice, Labor, Local Government
and Community Development, National Defense, Natural Resources, and Public Works, Transportation and Communications; the heads of the
Laguna Lake Development Authority, National Economic and Development Authority, the National Science Development Board and the Human
Settlements Commission. The Commissioner shall head the Inter-Agency Advisory Council. Representatives from the private sector as may be
affected, may be invited to the deliberations of the Council.
Section 5. Organization of the Commission. The Commission shall have a Water Pollution Control Division, an Air Pollution Control Division, a
Research and Development Division, a Legal Division, an Administrative Division and such other divisions or units as may be approved in the
General Appropriation Act. Nothing herein contained shall be construed as to automatically terminate or abolish any existing position in the
Commission nor shall it be construed as a prohibition against termination of any position.
The Commission shall also establish such regional offices as may be necessary.
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The Commission shall provide such technical, scientific and other services, including the necessary laboratory and other facilities as
may be required to carry out the provisions of this Decree: Provided, That the Commission may secure such services as it may deem necessary
from other agencies of the National Government, and may make arrangements for the compensation of such services. The Commission may
also employ and compensate, within appropriations available therefor, such consultants, experts, advisors, or assistants on a full or part-time
basis as may be necessary, coming from government or private business entities, associations, or from local or foreign organizations, to carry
out the provisions of this decree any may prescribe their powers, duties and responsibilities.
The Commission may conduct scientific experiments, investigations and research to discover economical and practical methods of
preventing water, air and land pollution. To this end, the Commission may cooperate with any public or private agency in the conduct of such
experiments, investigations and research, and may accept sums of money, for and in behalf of the National Government, given by any
international, national or other public or private agency for water, air and land pollution control activities, surveys or programs.
Section 6. Powers and Functions. The Commission shall have the following powers and functions:
(a) Determine the location, magnitude, extent, severity, causes, effects and other pertinent information regarding pollution of
the water, air and land resources of the country; take such measures, using available methods and technologies, as it shall
deem best to prevent or abate such pollution; and conduct continuing researches and studies on the effective means for the
control and abatement of pollution.
(b) Develop comprehensive multi-year and annual plans for the abatement of existing pollution and the prevention of new or
imminent pollution, the implementation of which shall be consistent with the national development plan of the country.
Such plans shall indicate priorities and programs during the year.
(c) Issue standards, rules and regulations to govern the approval of plans and specifications for sewage works and industrial
waste disposal systems and the issuance of permits in accordance with the provisions of this Decree; inspect the
construction and maintenance of sewage works and industrial waste disposal system for compliance to plans.
(d) Adopt, prescribe, and promulgate rules and regulations governing the procedures of the Commission with respect to
hearings, plans, specifications, designs, and other data for sewage works and industrial waste disposal system, the filing of
reports, the issuance of permits, and other rules and regulations for the proper implementation and enforcement of this
Decree.
(e) Issue orders or decisions to compel compliance with the provisions of this Decree and its implementing rules and regulations
only after proper notice and hearing.
(f) Make, alter or modify orders requiring the discontinuance of pollution specifying the conditions and the time within which
such discontinuance must be accomplished.
(g) Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and
abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works
and industrial disposal system or parts thereof: Provided, however, That the Commission, by rules and regulations, may
require subdivisions, condominium, hospitals, public buildings and other similar human settlements to put up appropriate
central sewerage system and sewage treatment works, except that no permits shall be required of any new sewage works or
changes to or extensions of existing works that discharge only domestic or sanitary wastes from a single residential building
provided with septic tanks or their equivalent. The Commission may impose reasonable fees and charges for the issuance or
renewal of all permits herein required.
(h) After due notice and hearing, the Commission may also revoke, suspend or modify any permit issued under this decree
whenever the same is necessary to prevent or abate pollution.
(i) Set up effluent, stream, ambient and emission standards and promulgate rules and regulations therefor: Provided, That local
governments, development authorities, and other similar government instrumentalities or agencies may set up higher
standards subject to the written approval of the Commission.
(j) Serve as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution.
(k) Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of
enforcing this Decree and its implementing rules and regulations and the orders and decisions of the Commission.
(l) Consult, participate, cooperate and enter into agreement with other agencies of the government, and with affected political
groups, political subdivisions, and enterprises in the furtherance of the purpose of this Decree.
(m) Collect and disseminate information relating to water, air, and land pollution and the prevention, abatement and control
thereof.
(n) Authorize its representative to enter at all reasonable times any property of the public dominion and private property
devoted to industrial, manufacturing, processing or commercial use without doing damage, for the purpose of inspecting
and investigating conditions relating to pollution or possible or imminent pollution.
(o) Prepare and submit sixty days after the close of each calendar year an annual report to the President and such periodic
reports of activities as may be required from time to time. The annual report shall include the extent to which the objectives
in the plans referred to under Sec. 6 (b) have been achieved.
(p) Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under
this Decree.
Section 7.
(a) Public Hearing. Public hearings shall be conducted by the Commissioner, Deputy Commissioners or any senior official duly designated by the
Commissioner prior to issuance or promulgation of any order or decision by the Commissioner requiring the discontinuance of discharge of
sewage, industrial wastes or other wastes into the water, air or land resources of the Philippines as provided in this Decree: Provided, That
whenever the Commission find a prima facie evidence that the discharged sewage or wastes are of immediate threat to life, public health,
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safety or welfare, or to animal or plant life, or exceeds the allowable standards set by the Commission, the Commissioner may issue an ex-parte
order directing the discontinuance of the same or the temporary suspension or cessation of operation of the establishment or person
generating such sewage or wastes without the necessity of a prior public hearing. The said ex-parte order shall be immediately executory and
shall remain in force until said establishment or person prevents or abates the said pollution within the allowable standards, or modified or
nullified by a competent court.
All records of the proceedings of said hearings shall be filed with the Commission. All inquiries, hearings, investigations and proceedings
conducted by the Commission shall be governed by rules adopted by the Commission, and in the conduct thereof the Commission shall not be
bound by technical rules of evidence: Provided, That the Commissioners or any of the duly designated Hearing Officers may summarily punish
for contempt, by a fine not exceeding two hundred pesos, any person committing such misconduct in the presence of any of the Commissioners
or any of the duly designated Hearing Officers, or so near to them as to seriously interrupt any hearing or session or any proceeding, or any
person willfully fails or refuses, without just cause, to comply with a summon, subpoena, or subpoena duces tecum issued by the Commissioners
or by the duly designated Hearing Officer or, being present at a hearing, session or investigation, refuses to be sworn as a witness or to answer
questions when lawfully required to do so. The Sheriff or other police agencies of the place where the hearing or investigation is conducted,
shall, upon request of the Hearing Officer, assist in the enforcement of the provisions of this paragraph.
(b) Appeal to Courts. Any decision of the Commission, in the absence of an appeal therefrom as herein provided, shall become final fifteen days
after the date of notification, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted
the remedies before the Commission. The Commission shall be deemed to be a party to any judicial action involving any decision.
(c) Court Review. The decision of the Commission upon any disputed matter may be reviewed both upon the law and the facts of the case by the
Court of Appeals. For purposes of such review, the procedure concerning appeals from the Court of First Instance shall be followed. Appeal from
a decision of the Commission must be perfected within fifteen days from notification of such decision: Provided, however, That any decision of
the Commission involving only questions of law, shall be appealed to the Supreme Court. No appeal shall stay the execution of any order or
decision of the Commission unless the Commissioner himself or the Court of Appeals or the Supreme Court so orders.
(d) Execution of Decision. Any decision or order of the Commission, after the same has become final and executory, shall be enforced and
executed in the same manner as decisions of Courts of First Instance, and the Commission shall have the power to issue to the City or Provincial
Sheriff or duly constituted authorities whom it may appoint, such writs of execution as may be necessary for the enforcement of such decision
or order and any person who shall fail or refuse to comply with such decision, order, or writ, after being required to do so shall, upon application
by the Commission, be punished by the proper court for contempt.
Section 8. Prohibitions. No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of the
Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any
substance in gaseous or liquid form that shall cause pollution thereof.
No person shall perform any of the following activities without first securing a permit from the Commission for the discharge of all industrial
wastes and other wastes which could cause pollution:
1. the construction, installation, modification or operation of any sewage works or any extension or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit;
3. the construction, installation or operation of any industrial or commercial establishments or any extension or modification thereof
or addition thereto, the operation of which would cause an increase in the discharge of waste directly into the water, air and/or land
resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already
lawfully authorized.
Section 9. Penalties.
(a) Any person found violating or failing to comply with any order, decision or regulation of the Commission for the control or abatement of
pollution shall pay a fine not exceeding five thousand pesos per day for every day during which such violation or default continues; and the
Commission is hereby authorized and empowered to impose the fine after due notice and hearing.
The fines so imposed shall be paid to the Government of the Philippines through the Commission, and failure to pay the fine in any case
within the time specified in the above-mentioned Order or Decision shall be sufficient ground for the Commission to order the closure or the
stoppage in the operation of the establishment being operated and/or managed by said person or persons until payment of the fines shall have
been made. The Commission shall have the power and authority to issue corresponding writs of execution directing the City or Provincial Sheriff
or other peace officers whom it may appoint to enforce the fine or the order of closure or stoppage of operations.
Payment of fines may also be enforced by appropriate action in a court of competent jurisdiction. The remedies provided in this sub-section
shall not be a bar to nor shall affect any other remedies provided for in this Decree but shall be cumulative and additional to such remedies.
(b) Any person who shall violate any of the provisions of Section Eight of this Decree or its implementing rules and regulations, or any Order or
Decision of the Commission, shall be liable to a penalty of not to exceed one thousand pesos for each day during which the violation continues,
or by imprisonment of from two years to six years, or by both fine and imprisonment, and in addition such person may be required or enjoined
from continuing such violation as hereinafter provided.
(c) Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the Commission into any property of
the pubic domain or private property devoted to industrial manufacturing, processing or commercial use during reasonable hours for the
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purpose of inspecting or investigating the conditions therein relating to pollution or possible or imminent pollution, shall be liable to a fine not
exceeding two hundred pesos or imprisonment of not exceeding one month, or both.
(d) Any person who violates any of the provisions of, or fails to perform any duty imposed by this Decree or its implementing rules and
regulations or by Order or Decision of the Commission promulgated pursuant to this Decree hereby causing the death of fish or other aquatic
life, shall in addition to the penalty above prescribed, be liable to pay the government for damages for fish or aquatic life destroyed.
(e) In case the violator is a juridical person, the penalty shall be imposed on the managing head responsible for the violation.
Section 10. Jurisdiction. The Commission shall have no jurisdiction over waterworks or sewage system operated by the Metropolitan
Waterworks Sewerage System, but the rules and regulations issued by the Commission for the protection and prevention of pollution under the
authority herein granted shall supersede and prevail over any rules or regulations as may heretofore have been issued by other government
agencies or instrumentalities on the same subject.
In case of development projects involving specific human settlement sites or integrated regional or sub- regional projects, such as the Tondo
Foreshore Development Authority and the Laguna Lake Development Authority, the Commission shall consult with the authorities charged with
the planning and execution of such projects to ensure that their pollution control standards comply with those of the Commission. Once
minimum pollution standards are established and agreed upon, the development authorities concerned may, by mutual agreement and prior
consultation with the Commission, undertake the pollution control activities themselves.
Section 11. Appropriations. Such amount as may be necessary to carry out the provisions of this Decree, which in no case shall be less than five
million pesos, is hereby appropriated yearly for the operating expenses of the Commission out of any funds in the National Treasury.
Mead vs Argel
Donald Mead vs Hon Manuel A. Argel
GR No. L-41958, July 20, 1982
Facts:
-
Petitioner Mead and one Arivas, in their capacity as the president and the general manager respectively of the Insular Oil
Refinery Co., were charged by the Provincial Fiscal of Rizal with violation of Section 9 in relation to Section 10 of RA 3931.
Mead and Arivas allegedly wilfully, unlawfully, and feloniously drain or otherwise dispose into the highway canal and/or
cause, permit, suffer to be drained or allow to seep into such waterway the industrial and other waste matters discharged
due to the operation of the said Insular Oil Refinery Co.
Mead however filed a motion to quash said case on the grounds that the trial court has no jurisdiction as the Provincial
Fiscal of Rizal has no legal personality to file the information against them. However, this motion to quash was denied.
The petitioner argued that the National Water and Air Pollution Control Commission (created under RA 3931) has the
exclusive authority to determine the existence of pollution before a criminal case can be filed for violation of RA 3931,
and that the Commission has the exclusive authority to prosecute violations of the same.
However, the respondent judge averred that RA 3931 does not grant exclusive power and authority to investigate and
prosecute violations of said law. Conversely, respondent judge claims that RA 3931 does not deprive fiscals and other
public prosecutors of the authority to investigate and prosecute violations of RA 3931 committed falling within their
jurisdictions.
Issue: W/N the Provincial Fiscal of Rizal has authority to file the information on violation of RA 3931 against petitioner? NO
Ruling:
- The Court held in the negative, citing Sec 8 of RA 3931. Last paragraph of Sec 8, RA 3931 which provides:
No investigation being conducted or ruling made by the Commission shall prejudice any action which
may be filed in court by any person in accordance with the provisions of the New Civil Code on nuisance.
On matters, however, not related to nuisance, no court action shall be initiated until the Commission
shall have finally ruled thereon and no order of the Commission discontinuing the discharge of waste
shall be stayed by the filing of said court action, unless the court issues an injunction as provided for in
the Rules of Court.
The Court in line with the cited paragraph of Section 8 delineated the authority to be exercised by the Commission and the
ordinary courts with respect to preventing or remedying the pollution of the waters or atmospheric air of the Philippines.
What is expressly excluded from the authority of the Commission is the determination of and the filing of court actions
involving violations of the New Civil Code on nuisance. It is expressly directed that on matters not related to nuisance "no
court action shall be initiated until the Commission shall have finally ruled thereon." This provision leaves little room for
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doubt that a court action involving the determination of the existence of pollution may not be initiated until and unless
the Commission has so determined the existence of what in the law is considered pollution.
On the argument that the provincial prosecutors and the Commission has concurring authority, the Court also held in the
negative reasoning that although it not expressly declared that the authority vested in the Commission to prosecute is
exclusive, there are also no provisions declaring that the said authority to be concurrent with Fiscals.
Thus, the Court further held that since the Provincial Fiscal of Rizal lacked the authority to file the information charging the
petitioner with a violation of the provisions of Republic Act No. 3931 there being no prior finding or determination by the
Commission that the act of the petitioner had caused pollution in any water or atmospheric air of the Philippines. It is not
to be understood, however, that a fiscal or public prosecutor may not file an information for a violation of the said law at
all. He may do so if the Commission had made a finding or determination that the law or any of its orders had been violated.
In the criminal case presently considered, there had been no prior determination by the Commission that the supposed
acts of the petitioner had caused pollution to any water of the Philippines. The filing of the information for the violation of
Section 9 of the law is, therefore, premature and unauthorized. Conversely, the respondent Judge is without jurisdiction
to take cognizance of the offense charged therein.
PAB vs CA
Pollution Adjudication Board (PAB) vs. CA
G.R. No. 93891 March 11, 1991
Facts:
Respondent, Solar Textile Finishing Corporation is involved in bleaching, rinsing and dyeing textiles with untreated
wastewater which were being discharged directly into a canal leading to the adjacent Tullahan-Tinejeros River. On September 22,
1988, petitioner Pollution Adjudication Board issued an ex parte Order based on 2 findings made on Solar Textile Finishing
Corportions plant, directing Solar immediately to cease and desist from utilizing its wastewater pollution source installations as
they were clearly in violation of Section 8 of Presidential Decree No. 984 (Pollution Control Law) and Section 103 of its
Implementing Rules and Regulations and the 1982 Effluent Regulations.
Solar then filed a motion for reconsideration which was granted by the Pollution Adjudication Board for a temporary
operation. However, Solar went to the RTC for certiorari and preliminary injunction against the Board but the same was
dismissed. On appeal, the CA reversed the Order of dismissal of the trial court and remanded the case for further proceedings.
Petitioner Board claims that under P.D. No. 984, Section 7(a), it has legal authority to issue ex parte orders to suspend the
operations of an establishment when there is prima facie evidence that such establishment is discharging effluents or
wastewater, the pollution level of which exceeds the maximum permissible standards set by the NPCC (now, the Board). Solar, on
the other hand, contends that under the Board's own rules and regulations, an ex parte order may issue only if the effluents
discharged pose an "immediate threat to life, public health, safety or welfare, or to animal and plant life" and argued that there
were no findings that Solar's wastewater discharged posed such a threat.
ISSUE: Whether or not the Pollution Adjudication Board has legal authority to issue the Order and Writ of Execution against Solar
Textile Finishing Corporation. YES.
RULING:
Section 7(a) of P.D. No. 984 authorized petitioner Board to issue ex parte cease and desist orders under the following
circumstances:
(a) Public Hearing. . . . Provided, That whenever the Commission finds prima facie evidence that the discharged
sewage or wastes are of immediate threat to life, public health, safety or welfare, or to animal or plant life, or
exceeds the allowable standards set by the Commission, the Commissioner may issue an ex-parte order directing
the discontinuance of the same or the temporary suspension or cessation of operation of the establishment or
person generating such sewage or wastes without the necessity of a prior public hearing. The said ex-parte order
shall be immediately executory and shall remain in force until said establishment or person prevents or abates
the said pollution within the allowable standards or modified or nullified by a competent court.
The Court found that the Order and Writ of Execution issued by petitioner Board were entirely within its lawful authority
Ex parte cease and desist orders are permitted by law and regulations in situations like in this case. The relevant pollution control
statute and implementing regulations were enacted and promulgated in the exercise of that pervasive, sovereign power to
protect the safety, health, and general welfare and comfort of the public, as well as the protection of plant and animal life,
commonly designated as the police power. It is a constitutional commonplace that the ordinary requirements of procedural due
process yield to the necessities of protecting vital public interests like those here involved, through the exercise of police power.
Hence, the trial court did not err when it dismissed Solar's petition for certiorari. It follows that the proper remedy was
an appeal from the trial court to the Court of Appeals, as Solar did in fact appeal. The Court gave due course on the Petition for
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Review and the Decision of the Court of Appeals and its Resolution were set aside. The Order of petitioner Board and the Writ of
Execution, as well as the decision of the trial court were reinstated, without prejudice to the right of Solar to contest the
correctness of the basis of the Board's Order and Writ of Execution at a public hearing before the Board.
Technology Developers vs CA (193 S 147)

TECHNOLOGY DEVELOPERS, INC. vs. COURT OF APPEALS, HON. NARCISO T. ATIENZA as Presiding Judge, Bulacan, RTC,
and HON. VICENTE CRUZ, Acting Mayor and the MUNICIPALITY OF STA. MARIA, BULACAN
G.R. No. 94759 January 21, 1991
FACTS:
The authority of the local executive to protect the community from pollution is the center of this controversy.
- Petitioner, a domestic private corporation engaged in the manufacture and export of charcoal briquette, received a letter dated
February 16, 1989 from private respondent acting mayor Pablo N. Cruz, ordering the full cessation of the operation of the
petitioner's plant located at Guyong, Sta. Maria, Bulacan, until further order. The letter likewise requested Plant Manager Mr.
Armando Manese to bring with him to the office of the mayor on February 20, 1989 the following: a) Building permit; b) Mayor's
permit; c) Region III-Pollution of Environment and Natural Resources Anti-Pollution Permit; and of other document.
- At the requested conference on February 20, 1989, petitioner, through its representative, undertook to comply with
respondent's request for the production of the required documents. In compliance with said undertaking, petitioner commenced
to secure "Region III-Department of Environmental and Natural Resources Anti-Pollution Permit," although among the permits
previously secured prior to the operation of petitioner's plant was a "Temporary Permit to Operate Air Pollution Installation"
issued by the then National Pollution Control Commission (now Environmental Management Bureau) and is now at a stage where
the Environmental Management Bureau is trying to determine the correct kind of anti-pollution devise to be installed as part of
petitioner's request for the renewal of its permit.
- Petitioner's attention having been called to its lack of mayor's permit, it sent its representatives to the office of the mayor to
secure the same but were not entertained.
- On April 6, 1989, without previous and reasonable notice upon petitioner, respondent acting mayor ordered the Municipality's
station commander to padlock the premises of petitioner's plant, thus effectively causing the stoppage of its operation.
- Left with no recourse, petitioner instituted an action for certiorari, prohibition, mandamus with preliminary injunction against
private respondent with the court a quo which is presided by the respondent judge. In its prayer for the issuance of a writ of
preliminary mandatory injunction, it alleged therein that the closure order was issued in grave abuse of discretion.
- The lower court ruled against petitioner. CA affirmed.
ISSUE: WON the closure was done with grave abuse of discretion. NO.
HELD:
- To the mind of the Court the following circumstances militate against the maintenance of the writ of preliminary injunction
sought by petitioner:
1. No mayor's permit had been secured. While it is true that the matter of determining whether there is a pollution of the
environment that requires control if not prohibition of the operation of a business is essentially addressed to the then National
Pollution Control Commission of the Ministry of Human Settlements, now the Environmental Management Bureau of the
Department of Environment and Natural Resources, it must be recognized that the mayor of a town has as much responsibility to
protect its inhabitants from pollution, and by virture of his police power, he may deny the application for a permit to operate a
business or otherwise close the same unless appropriate measures are taken to control and/or avoid injury to the health of the
residents of the community from the emissions in the operation of the business.
2. The Acting Mayor, in a letter of February 16, 1989, called the attention of petitioner to the pollution emitted by the fumes of its
plant whose offensive odor "not only pollute the air in the locality but also affect the health of the residents in the area," so that
petitioner was ordered to stop its operation until further orders and it was required to bring the following:
(1) Building permit;
(2) Mayor's permit; and
(3) Region III-Department of Environment and Natural Resources Anti-Pollution permit. 3
3. This action of the Acting Mayor was in response to the complaint of the residents of Barangay Guyong, Sta. Maria, Bulacan,
directed to the Provincial Governor through channels. The alleged NBI finding that some of the signatures in the four-page
petition were written by one person, appears to be true in some instances, (particularly as among members of the same family),
but on the whole the many signatures appear to be written by different persons. The certification of the barrio captain of said
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barrio that he has not received any complaint on the matter must be because the complaint was sent directly to the Governor
through the Acting Mayor.
4. The closure order of the Acting Mayor was issued only after an investigation was made by Marivic Guina who in her report of
December 8, 1988 observed that the fumes emitted by the plant of petitioner goes directly to the surrounding houses and that no
proper air pollution device has been installed. 7
5. Petitioner failed to produce a building permit from the municipality of Sta. Maria, but instead presented a building permit
issued by an official of Makati on March 6,1987.
6. While petitioner was able to present a temporary permit to operate by the then National Pollution Control Commission on
December 15, 1987, the permit was good only up to May 25, 1988. Petitioner had not exerted any effort to extend or validate its
permit much less to install any device to control the pollution and prevent any hazard to the health of the residents of the
community.
All these factors justify the dissolution of the writ of preliminary injunction by the trial court and the appellate court correctly
upheld the action of the lower court.
Petitioner takes note of the plea of petitioner focusing on its huge investment in this dollar-earning industry. It must be stressed
however, that concomitant with the need to promote investment and contribute to the growth of the economy is the equally
essential imperative of protecting the health, nay the very lives of the people, from the deleterious effect of the pollution of the
environment.
Rodriguez vs IAC
ERNESTO R. RODRIGUEZ, JR., ERNESTO LL. RODRIGUEZ III, SACHA DEL ROSARIO, JOSE P. GENITO, ZENAIDA Z. RODRIGUEZ,
AND ENECERIO MONDIA, Petitioners VS INTERMEDIATE APPELLATE COURT AND DAYTON CONSTRUCTION &
DEVELOPMENT CORPORATION, Respondents
G.R. No. 74816 March 17, 1987
FACTS:
Petitioners filed an action for abatement of a public nuisance with damages against respondent herein Daytona
Construction & Development Corporation engaged in the manufacture of road and building concrete materials such as
concrete aggregates, with cement batching plant. The petitioners averred that their health and property has been
damaged by the cement dust, emanating from the respondents cement batching plant.
ISSUE: WON the Daytona Construction & Development Corporation is a nuisance? YES
HELD:
The court ordered and declared the operation of the cement hatching plant of the corporation as a nuisance and
ordering its permanent closure. The continued operation of the cement batching plant of the corporation poses a "great
menace to the neighbourhood, both in point of health and property. The petitioners are entitled for damages.
TOXIC SUBSTANCE AND HAZARDOUS WASTE RA 6969
Republic Act No. 6969
October 26, 1990
AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Short title. This Act shall be known as the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990."
Section 2. Declaration of Policy. It is the policy of the State to regulate, restrict or prohibit the importation, manufacture, processing, sale,
distribution, use and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment; to
prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose;
and to provide advancement and facilitate research and studies on toxic chemicals.
31

Section 3. Scope. This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and
disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in transit as well as the keeping or
storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.
Section 4. Objectives. The objectives of this Act are:
a) To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others, their existing and
possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered relevant to the protection
of health and the environment;
b) To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of
chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance with national policies
and international commitments;
c) To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation,
processing, distribution, use and disposal of toxic chemicals and other substances and mixture; and
d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for
whatever purpose.
Section 5. Definition. As used in this Act:
a) Chemical substance means any organic or inorganic substance of a particular molecular identity, including:
i) Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature; and
ii) Any element or uncombined chemical.
b) Chemical mixture means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole
or in part, the result of a chemical reaction, if none of the chemical substances comprising the combination is a new chemical substance and if the
combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising
the combination were combined. This shall include nonbiodegradable mixtures.
c) Process means the preparation of a chemical substance or mixture after its manufacture for commercial distribution:
i) In the same form or physical state or in a different form or physical state from that which it was received by the person so preparing such
substance or mixture; or
ii) As part of an article containing a chemical substance or mixture.
d) Importation means the entry of a products or substances into the Philippines (through the seaports or airports of entry) after having been
properly cleared through or still remaining under customs control, the product or substance of which is intended for direct consumption,
merchandising, warehousing, or for further processing.
e) Manufacture means the mechanical or chemical transformation of substances into new products whether work is performed by power-driven
machines or by hand, whether it is done in a factory or in the worker's home, and whether the products are sold at wholesale or retail.
f) Unreasonable risk means expected frequency of undesirable effects or adverse responses arising from a given exposure to a substance.
g) Hazardous substances are 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 hazards or
the risk of fire or explosion; or
2) long-term environmental hazards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in some cases result from
acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground
or surface waters, or aesthetically objectionable properties such as offensive odors.
h) Hazardous wastes are hereby defined as substances that are without any safe commercial, industrial, agricultural or economic usage and are
shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the
Philippines.
Hazardous wastes shall also refer to by-products, side-products, process residues, spent reaction media, contaminated plant or equipment or
other substances from manufacturing operations, and as consumer discards of manufacture products.
i) Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels
but does not include nuclear fuel, or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical,
agricultural, commercial, or industrial purpose.
Section 6. Function, Powers and Responsibilities of the Department of Environment and Natural Resources. The Department of Environment
and Natural Resources shall be the implementing agency tasked with the following functions, powers, and responsibilities:
a) To keep an updated inventory of chemicals that are presently being manufactured or used, indicating, among others, their existing and possible
uses, quality, test data, names of firms manufacturing or using them, and such other information as the Secretary may consider relevant to the
protection of health and the environment;
b) To require chemical substances and mixtures that present unreasonable risk or injury to health or to the environment to be tested before they
are manufactured or imported for the first time;
c) To require chemical substances and mixtures which are presently being manufactured or processed to be tested if there is a reason to believe
that they pose unreasonable risk or injury to health or the environment;
d) To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the extent of their effects on health and the
environment;
e) To enter into contracts and make grants for research, development, and monitoring of chemical substances and mixtures;
f) To conduct inspection of any establishment in which chemicals are manufactured, processed, stored or held before or after their commercial
distribution and to make recommendations to the proper authorities concerned;
g) To confiscate or impound chemicals found not falling within said acts cannot be enjoined except after the chemicals have been impounded;
32

h) To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country;
i) To subpoena witnesses and documents and to require other information if necessary to carry out the provisions of this Act;
j) To call on any department, bureau, office, agency, state university or college, and other instrumentalities of the Government for assistance in
the form of personnel, facilities, and other resources as the need arises in the discharge of its functions;
k) To disseminate information and conduct educational awareness campaigns on the effects of chemical substances, mixtures and wastes on
health and environment; and
l) To exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Act.
Section 7. Inter-Agency Technical Advisory Council. There is hereby created an Inter-Agency Technical Advisory Council attached to the
Department of Environment and Natural Resources which shall be composed of the following officials or their duly authorized representatives:
Secretary of Environment and Natural Resources
Chairman
Secretary of Health
Member
Director of the Philippine Nuclear Research Institute
Member
Secretary of Trade and Industry
Member
Secretary of Science and Technology
Member
Secretary of National Defense
Member
Secretary of Foreign Affairs
Member
Secretary of Labor and Employment
Member
Secretary of Finance
Member
Secretary of Agriculture
Member
Representative from a non-governmental organization on health and safety

Member
The representative from the non-governmental organization shall be appointed by the President for a term of three (3) years.
The Council shall have the following functions:
a) To assist the Department of Environment and Natural Resources in the formulation of the pertinent rules and regulations for the effective
implementation of this Act;
b) To assist the Department of Environment and Natural Resources in the preparation and updating of the inventory of chemical substances and
mixtures that fall within the coverage of this Act;
c) To conduct preliminary evaluation of the characteristics of chemical substances and mixtures to determine their toxicity and effects on health
and the environment and make the necessary recommendations to the Department of Environment and Natural Resources; and
d) To perform such other functions as the Secretary of Environment and Natural Resources may, from time to time, require.
Section 8. Pre-Manufacture and Pre-Importation Requirements. Before any new chemical substance or mixture can be manufactured,
processed or imported for the first time as determined by the Department of Environment and Natural Resources, the manufacturer, processor
or importer shall submit the following information: the name of the chemical substance or mixture; its chemical identity and molecular structure;
proposed categories of use; an estimate of the amount to be manufactured, processed or imported; processing and disposal thereof; and any test
data related to health and environmental effects which the manufacturer, processor or importer has.
Section 9. Chemicals Subject to Testing. Testing shall be required in all cases where:
a) There is a reason to believe that the chemical substances or mixture may present an unreasonable risk to health or the environment or there
may be substantial human or environmental exposure thereto;
b) There are insufficient data and experience for determining or predicting the health and environmental effects of the chemical substance or
mixture; and
c) The testing of the chemical substance or mixture is necessary to develop such data.
The manufacturers, processors or importers shall shoulder the costs of testing the chemical substance or mixture that will be manufactured,
processed, or imported.
Section 10. Action by the Secretary of Environment and Natural Resources of his Duly Authorized Representative. The Secretary of Environment
and Natural Resources or his duly authorized representative shall, within ninety (90) days from the date of filing of the notice of manufacture,
processing or importation of a chemical substance or mixture, decide whether or not to regulate or prohibit its importation, manufacture,
processing, sale, distribution, use or disposal. The Secretary may, for justifiable reasons, extend the ninety-day pre-manufacture period within a
reasonable time.
Section 11. Chemical Substances Exempt from Pre-Manufacture Notification. The manufacture of the following chemical substances or
mixtures shall be exempt from pre-manufacture notification:
a) Those included in the categories of chemical substances and mixtures already listed in the inventory of existing chemicals;
b) Those to be produced in small quantities solely for experimental or research and developmental purposes;
c) Chemical substances and mixtures that will not present an unreasonable risk to health and the environment; and
d) Chemical substances and mixtures that exist temporarily and which have no human or environmental exposure such as those which exist as a
result of chemical reaction in the manufacture or processing of a mixture of another chemical substance.
33

Section 12. Public Access to Records, Reports or Notification. The public shall have access to records, reports, or information concerning
chemical substances and mixtures including safety data submitted, data on emission or discharge into the environment, and such documents shall
be available for inspection or reproduction during normal business hours except that the Department of Environment and Natural resources may
consider a record, report or information or particular portions thereof confidential and may not be made public when such would divulge trade
secrets, production or sales figures or methods, production or processes unique to such manufacturer, processor or distributor, or would
otherwise tend to affect adversely the competitive position of such manufacturer, processor or distributor. The Department of Environment and
Natural Resources, however, may release information subject to claim of confidentiality to a medical research or scientific institution where the
information is needed for the purpose of medical diagnosis or treatment of a person exposed to the chemical substance or mixture.
Section 13. Prohibited Acts. The following acts and omissions shall be considered unlawful:
a) Knowingly use a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of this Act or
implementing rules and regulations or orders;
b) Failure or refusal to submit reports, notices or other information, access to records, as required by this Act, or permit inspection of
establishment where chemicals are manufactured, processed, stored or otherwise held;
c) Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and
d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippines territory, including its maritime economic
zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear
wastes in any part of the Philippines.
Section 14. Criminal Offenses and Penalties.
a) (i) The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six hundred pesos (P600.00)
to Four thousand pesos (P4,000.00) shall be imposed upon any person who shall violate section 13 (a) to (c) of this Act and shall not be covered
by the Probation Law.f the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after
serving his or her sentence;
ii) In case any violation of this Act is committed by a partnership, corporation, association or any juridical person, the partner, president, director
or manager who shall consent to or shall knowingly tolerate such violation shall be directly liable and responsible for the act of the employee and
shall be criminally liable as a co-principal;
(iii) In case the offender is a government official or employee, he or she shall, in addition to the above penalties, be deemed automatically
dismissed from office and permanently disqualified from holding any elective or appointive position.
b) (i) The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall be imposed upon any person who shall violate
section 13 (d) of this Act.f the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after
serving his or her sentence;
(ii) In the case of corporations or other associations, the above penalty shall be imposed upon the managing partner, president or chief executive
in addition to an exemplary damage of at least Five hundred thousand pesos (P500,000.00).f it is a foreign firm, the director and all officers of
such foreign firm shall be barred from entry into the Philippines, in addition to the cancellation of its license to do business in the Philippines;
(iii) In case the offender is a government official or employee, he or she in addition to the above penalties be deemed automatically dismissed
from office and permanently disqualified from holding any elective or appointive position.
c) Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing, sale or distribution of chemical substances or
mixtures into or within the Philippines shall carry with it the confiscation and forfeiture in favor of the Government of the proceeds of the unlawful
act and instruments, tools or other improvements including vehicles, sea vessels, and aircrafts used in or with which the offense was committed.
Chemical substances so confiscated and forfeited by the Government at its option shall be turned over to the Department of Environment and
Natural resources for safekeeping and proper disposal.
d) The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear wastes shall be under
obligation to transport or send back said prohibited wastes;
Any and all means of transportation, including all facilities and appurtenances that may have been used in transporting to or in the storage in the
Philippines of any significant amount of hazardous or nuclear wastes shall at the option of the government be forfeited in its favor.
Section 15. Administrative Fines. In all cases of violations of this Act, including violations of implementing rules and regulations which have been
duly promulgated and published in accordance with Section 16 of this Act, the Secretary of Environment and Natural Resources is hereby
authorized to impose a fine of not less than Ten thousand pesos (P10,000.00), but not more than Fifty thousand pesos (P50,000.00) upon any
person or entity found guilty thereof. The administrative fines imposed and collected by the Department of Environment and Natural Resources
shall accrue to a special fund to be administered by the Department exclusively for projects and research activities relative to toxic substances
and mixtures.
Section 16. Promulgation of Rules and Regulations. The Department of Environment and Natural Resources, in coordination with the member
agencies of the Inter-Agency Technical Advisory Council, shall prepare and publish the rules and regulations implementing this Act within six
months from the date of its effectivity.
Section 17. Appropriations. Such amount as may be necessary to implement the provisions of this Act is hereby annually appropriated and
included in the budget of the Department of Environment and Natural Resources.
Section 18. Separability Clause. If any provision of this Act is declared void or unconstitutional, the remaining provisions thereof not affected
thereby shall remain in full force and effect.
34

Section 19. Repealing Clause. All laws, presidential decrees, executive orders and issuances, and rules and regulations which are inconsistent
with this Act are hereby repealed or modified accordingly.
Section 20. Effectivity. This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in any newspaper of
general circulation.
REVISED FORESTRY CODE E0 720

Ysmael vs. Deputy Exec. Sec.
(190 SCRA 673, G.R. No. 79538, October 18, 1990)
FELIPE YSMAEL, JR. & CO., INC., petitioner, vs. THE DEPUTY EXECUTIVE SECRETARY, THE SECRETARY OF ENVIRONMENT
AND NATURAL RESOURCES, THE DIRECTOR OF THE BUREAU OF FOREST DEVELOPMENT and TWIN PEAKS DEVELOPMENT
AND REALTY CORPORATION, respondents.
FACTS:
Petitioner entered into a timber license agreement (TLA) in 1965 with the Dept. of Agriculture and Natural Resources,
wherein it was issued an exclusive license to cut, collect and remove timber except prohibited species within a specified portion of
public forest land with an area of 54,920ha. located in Nueva Vizcaya * from October 1965 until June 1990.
However, in 1983, Director Edmundo Cortes of the Bureau of Forest Development issued a memorandum order stopping
all logging operations in Nueva Vizcaya and Quirino provinces, and cancelling the logging concession of petitioner and nine other
forest concessionaires, pursuant to presidential instructions and a memorandum order of the Minister of Natural Resources.
After the cancellation of its timber license agreement, it immediately sent a letter addressed to then Pres. Marcos which
sought reconsideration of the Bureau's directive, citing in support thereof its contributions and alleging that it was not given an
opportunity to be heard prior to the cancellation of its logging. No favorable action was taken on this letter.
Barely one year thereafter, approximately one-half or 26,000 ha. of the area formerly covered by the TLA previously issued
to him was re-awarded to Twin Peaks Development and Reality Corporation, which was set to expire on July 2009, while the other
half was allowed to be logged by Filipinas Loggers, Inc. without the benefit of a formal award or license. The latter entities were
controlled or owned by relatives or cronies of Marcos.
Soon after the change of government in February 1986, petitioner sent a letter to the Office of the Pres., and another
letter to Minister Ernesto Maceda of the Ministry of Natural Resources [MNR], seeking: (1) the reinstatement of its timber license
agreement which was cancelled in August 1983 during the Marcos administration; (2) the revocation of the timber license which
was issued to Twin Peaks Development and Realty Corporation without public bidding and in violation of forestry laws, rules and
regulations; and, (3) the issuance of an order allowing petitioner to take possession of all logs found in the concession area.
Acting on petitioner's letter, the MNR through then Minister Ernesto Maceda issued an order denying petitioner's request.
The Ministry ruled that a timber license was not a contract within the due process clause of the Constitution, but only a privilege
which could be withdrawn whenever public interest or welfare so demands, and that petitioner was not discriminated against in
view of the fact that it was among ten concessionaires whose licenses were revoked in 1983. In addition, the MNR indicated that
there is an ongoing department evaluation of all timber license agreements entered into, and permits or licenses issued, under the
previous dispensation.
ISSUES: (1) WON Timber License is a contract within the due process clause of the Constitution. NO
(2) WON public respondents herein acted with grave abuse of discretion amounting to lack or excess of jurisdiction in
refusing to overturn administrative orders issued by their predecessors in the past regime. NO
HELD:
1. Timber licenses, permits and license agreements are the principal instruments by which the State regulates the utilization and
disposition of forest resources to the end that public welfare is promoted. And it can hardly be gainsaid that they merely
evidence a privilege granted by the State to qualified entities, and do not vest in the latter a permanent or irrevocable right to
the particular concession area and the forest products therein. They may be validly amended, modified, replaced or rescinded
by the Chief Executive when national interests so require. Thus, they are not deemed contracts within the purview of the due
process of law clause (See Sections 3(ee) and 20 of P.D. No. 705, as amended)
Sections 3 (ee) and 20 of Pres. Decree No. 705, as amended provides:
35

Section 3. Definitions.
xxx
(ee) Permit is a short-term privilege or authority granted by the State to a person to utilize any limited forest resources or
undertake a limited activity with any forest land without any right of occupation and possession therein.
Section 20. License agreement, license, lease or permit. No person may utilize, exploit, occupy, possess or conduct any activity
within any forest land, or establish and operate any wood-processing plant, unless he has been authorized to do so under a
license agreement, lease, license, or permit.
2.
In the case at bar, petitioner's 1986 letters to the Office of the President and the MNR [now the Department of Environment
and Natural Resources (DENR) sought the reconsideration of a memorandum order issued by the Bureau of Forest
Development which cancelled its timber license agreement in 1983, as well as the revocation of TLA No. 356 subsequently
issued by the Bureau to private respondents in 1984.
Petitioner did not avail of its remedies under the law, i.e. Section 8 of Pres. Dec. No. 705 as amended, for attacking
the validity of these administrative actions until after 1986. By the time petitioner sent its letter dated April 2, 1986 to the
newly appointed Minister of the MNR requesting reconsideration of the above Bureau actions, these were already settled
matters as far as petitioner was concerned.
Section 8. Review. All actions and decisions of the Director are subject to review, motu propio or upon appeal of any person
aggrieved thereby, by the Department Head whose decision shall be final and executory after the lapse of thirty (30) days from
receipt by the aggrieved party of said decision, unless appealed to the President in accordance with the Executive Order No.
19, series of 1966. The Decision of the Department Head may not be reviewed by the courts except through a special civil
action for certiorari or prohibition.
(NOTE: although according to Sec. 8 pwede ang certiorari, still, SC dismissed the petition for certiorari because he waited
for at least three years before it finally filed said petition attacking the validity of the assailed Bureau actions in 1983 and 1984.
Considering that petitioner, throughout the period of its inaction, was not deprived of the opportunity to seek relief from the courts
which were normally operating at the time, its delay constitutes unreasonable and inexcusable neglect tantamounted to laches)
OTHER DISCUSSION:
There is a more significant factor which bars the issuance of a writ of certiorari in favor of petitioner and against public
respondents herein. It is precisely this for which prevents the Court from departing from the general application of the rules
enunciated above.
A cursory reading of the assailed orders issued by public respondent Minister Maceda of the MNR which were ed by the
OP, will disclose public policy consideration which effectively forestall judicial interference in the case at bar.
Public respondents herein, upon whose shoulders rests the task of implementing the policy to develop and conserve
the country's natural resources, have indicated an ongoing department evaluation of all timber license agreements entered into,
and permits or licenses issued, under the previous dispensation.
The ongoing administrative reassessment is apparently in response to the renewed and growing global concern over the
despoliation of forest lands and the utter disregard of their crucial role in sustaining a balanced ecological system. The legitimacy
of such concern can hardly be disputed, most especially in this country. A long line of cases establish the basic rule that the courts
will not interfere in matters which are addressed to the sound discretion of government agencies entrusted with the regulation
of activities coming under the special technical knowledge and training of such agencies.
Minors of the Philippines/Oposa vs. DENR/Factoran

(224 SCRA 792, G.R. No. 101083, July 30, 1993)
FACTS:
Petitioners are all minors duly represented and joined by their respective parents. The original defendant was the
Honorable Fulgencio Factoran, Jr., then Secretary of the DENR. He is substituted in this petition by the new Secretary, Angel
Alcala. The complaint was instituted as a taxpayers' class suit and alleges that the they "are all citizens of the Philippines, taxpayers,
and entitled to the full benefit, use and enjoyment of the natural resource treasure that is the country's virgin tropical forests." The
same was filed for themselves and others who are equally concerned about the preservation of said resource but are "so numerous
that it is impracticable to bring them all before the Court." The minors further asseverate that they "represent their generation as
36

well as generations yet unborn. They pray that judgment be rendered ordering defendant, his agents, representatives and other
persons acting in his behalf to (among other things)
(1) Cancel all existing timber license agreements in the country;
(2) Cease and desist from receiving, accepting, processing, renewing or approving new timber
license agreements.
(3) Grant them such other reliefs just and equitable under the premises.
Secretary Factoran, Jr., filed a Motion to Dismiss the complaint based on two (2) grounds, namely: (1) the plaintiffs have
no cause of action against him and (2) the issue raised by the plaintiffs is a political question which properly pertains to the legislative
or executive branches of Government. Respondent Judge Rosario issued an order granting the motion to dismiss. In the said order,
not only was the defendant's claim that the complaint states no cause of action against him and that it raises a political question
sustained, the respondent Judge further ruled that the granting of the relief prayed for would result in the impairment of
contracts which is prohibited by the fundamental law of the land.
ISSUES: 1. WON Petitioners have locus standi to file the present action. YES
2. WON the relief prayed would result in the impairment of contracts. NO
3. WON the complaint stated a cause of action - YES
HELD:
1. This case has a special and novel element. Petitioners minors assert that they represent their generation as well as
generations yet unborn. We find no difficulty in ruling that they can, for themselves, for others of their generation and for
the succeeding generations, file a class suit. Their personality to sue in behalf of the succeeding generations can only be based
on the concept of INTERGENERATIONAL RESPONSIBILITY insofar as the right to a balanced and healthful ecology is
concerned. Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony for the full
enjoyment of a balanced and healthful ecology.
2.
Section 20 of the Forestry Reform Code (P.D. No. 705) provides:

. . . Provided, That when the national interest so requires, the President may amend, modify, replace or rescind any
contract, concession, permit, licenses or any other form of privilege granted herein . . .
Needless to say, all licenses may thus be revoked or rescinded by executive action. It is not a contract, property or a
property right protested by the due process clause of the Constitution.
However, it is worth noting that a timber license is an instrument by which the State regulates the utilization and
disposition of forest resources to the end that public welfare is promoted. A timber license is not a contract within 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 as in this case. Since timber licenses are not contracts, the non-impairment clause, which reads: Sec. 10. No
law impairing, the obligation of contracts shall be passed. cannot be invoked. Even granting arguendo that it is a contract, the
non-impairment clause must yield to the police power of the state.
3.
After careful examination of the petitioners' complaint, SC finds the statements under the introductory affirmative allegations,
as well as the specific averments under the sub-heading CAUSE OF ACTION, to be adequate enough to show, prima facie, the
claimed violation of their rights. On the basis thereof, they may thus be granted, wholly or partly, the reliefs prayed for. It
bears stressing, however, that insofar as the cancellation of the TLAs is concerned, there is the need to implead, as party
defendants, the grantees thereof for they are indispensable parties.
The foregoing considered, the civil case be said to raise a political question. Policy formulation or determination by the
executive or legislative branches of Government is not squarely put in issue. What is principally involved is the enforcement of a
right vis-a-vis policies already formulated and expressed in legislation. It must, nonetheless, be emphasized that the political
question doctrine is no longer, the insurmountable obstacle to the exercise of judicial power or the impenetrable shield that
protects executive and legislative actions from judicial inquiry or review. The second paragraph of section 1, Article VIII of the
Constitution states that:
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality of the Government.
37

WHEREFORE, being impressed with merit, the instant Petition is hereby GRANTED, and the challenged Order of respondent
Judge dismissing the class suit is hereby set aside. The petitioners may therefore amend their complaint to implead as
defendants the holders or grantees of the questioned timber license agreements.
Mustang Lumber vs CA
(G.R. No. 104988. June 18, 1996)
MUSTANG LUMBER, INC., petitioner, vs. HON. COURT OF APPEALS, HON. FULGENCIO S. FACTORAN, JR., Secretary,
Department of Environment and Natural Resources (DENR), and ATTY. VINCENT A. ROBLES, Chief, Special Actions and
Investigation Division, DENR, respondents.
(G.R. No. 106424. June 18, 1996)
PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. TERESITA DIZON-CAPULONG, in her capacity as the Presiding Judge,
Regional Trial Court National Capital Judicial Region, Branch 172, Valenzuela, Metro Manila, and RI CHUY PO, respondents.
(G.R. No. 123784. June 18, 1996)
MUSTANG LUMBER, INC., petitioner, vs. HON. COURT OF APPEALS, ATTY. VINCENT A. ROBLES, Chief, Special Actions and
Investigation Division, Department of Environment and Natural Resources (DENR), ATTY. NESTOR V. GAPUSAN, TIRSO P.
PARIAN, JR., and FELIPE H. CALLORINA, JR., respondents.
FACTS:
This a consolidation of three cases. (The CRIMINAL CASE is the most important in relation to the topic)
Mustang Lumber (petitioner) is a domestic corporation registered as a lumber dealer. On April 3 1990, a team of foresters
from DENR and policemen placed under administrative seizure narra shorts, trimmings, and slabs; a negligible number of narra
lumber; and approximately 200, 000 board feet of lumber and shorts of various species including almaciga and supa found loaded
in petitioners truck since the driver could not produce the required invoices and transport documents.
The next day, by virtue of a search warrant, the remaining stockpile of almaciga, supa, and lauan in the lumberyard were
seized.
Petitioner was given a period within which to produce the necessary documents to prove the legitimacy and origin of the
seized forest products but failed to do so. Consequently, Secretary Factoran ordered the suspension of his license and the declared
the products confiscated.
Petitioner filed the FIRST CIVIL CASE questioning the legality of the search and seizure.
On September 17, 1990, petitioner was caught engaging in the business of lumber dealing despite the suspension of his
license. The lumbers, including newly cut ones , were placed under constructive seizure prompting the petitioner to file the SECOND
CIVIL CASE
A CRIMINAL CASE was then filed by the DENR against petitioner for violation of Sec 68 of PD 705, As indicated in the
information, for possession of truckloads of almaciga and lauan and approximately 200,000 bd. ft. of lumber and shorts of various
species including almaciga and supa, without the legal documents as required under existing forest laws and regulations.
Petitioner filed a Motion to Quash alleging that the facts charged do not constitute an offense since the law punishes
possession of timber or other forest products and not lumber.
ISSUE: WON petitioner may be held liable for violation of Sec68 of PD 705? YES, Motion to Quash DENIED
HELD:
The accused is charged with other acts defined in the law
Respondent (herein petitioner) is charged with the violation of Section 68 of P.D. No. 705, as amended by E.O. No. 277,
which provides:
38

SEC. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without License. Any person who shall
cut, gather, collect, remove timber or other forest products from any forest land, or timber from alienable or disposable
public land, or from private land, without any authority, or possess timber or other forest products without the legal
documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under
Articles 309 and 310 of the Revised Penal Code: Provided, That in the case of partnerships, associations, or corporations,
the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they
shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration
an Deportation.
Punished then in this section are (1) the cutting, gathering, collection, or removal of timber or other forest products from
the places therein mentioned without any authority; and (b) possession of timber or other forest products without the legal
documents as required under existing forest laws and regulations.
As can be seen in the information, lumber is not solely its subject matter. It is evident that what are alleged to be in the
possession of the private respondent, without the required legal documents, are truckloads of
(1) almaciga and lauan; and
(2) approximately 200,000 bd. ft. of lumber and shorts of various species including almaciga and supa.
The almaciga and lauan specifically mentioned in no. (1) are not described as lumber. They cannot refer to the lumber in
no. (2) because they are separated by the words approximately 200,000 bd. ft. with the conjunction and, and not with the
preposition of. They must then be raw forest products or, more specifically, timbers under Section 3(q) of P.D. No. 705, as
amended, which reads:
SEC. 3.
Definitions.
xxx xxx
xxx
(q) Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other
forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and
geological resources in forest lands.
It follows then that lumber is only one of the items covered by the information. Even if lumber is not included in Section
68, the other items therein as noted above fall within the ambit of the said section, and as to them, the information validly charges
an offense.
Lumber is included in the term Timber
The Revised Forestry Code contains no definition of either timber or lumber. While the former is included in forest
products as defined in paragraph (q) of Section 3, the latter is found in paragraph (aa) of the same section in the definition of
Processing plant; which reads:
(aa) Processing plant is any mechanical set-up, machine or combination of machine used for the processing of logs and
other forest raw materials into lumber, veneer, plywood, wallboard, block-board, paper board, pulp, paper or other
finished wood products.
This simply means that lumber is a processed log or processed forest raw material. Clearly, the Code uses the
term lumber in its ordinary or common usage. In the 1993 copyright edition of Webster's Third New International
Dictionary, lumber is defined, inter alia, as timber or logs after being prepared for the market. Simply put, lumber is a processed log
or timber.
NOTE: FIRST CASE and SECOND CASE were dismissed. The CRIMINAL CASE proceeds.
Paat vs CA
(G.R. No. 111107, January 10, 1997)
LEONARDO A. PAAT, in his capacity as Officer-in-Charge (OIC), Regional Executive Director (RED), Region 2 and JOVITO
LAYUGAN, JR., in his capacity as Community Environment and Natural Resources Officer (CENRO), both of the Department
of Environment and Natural Resources (DENR), petitioners, vs. COURT OF APPEALS, HON. RICARDO A. BACULI in his
39

capacity as Presiding Judge of Branch 2, Regional Trial Court at Tuguegarao, Cagayan, and SPOUSES BIENVENIDO and
VICTORIA DE GUZMAN, respondents
FACTS:
On May 19, 1989 the truck of private respondent containing forest products was administratively seized and forfeited by DENR
because the driver could not produce the required documents and subsequently failed to explain their non production within the
period of 15 days. Such confiscation was pursuant to Sec. 68- A of PD 705 as amended by EO 277.
Private respondent appealed to DENR .While such appeal was pending, he filed a writ of replevin with the RTC which was
subsequently granted .A motion to dismiss was filed by petitioner ( DENR officers) on the ground of non exhaustion of administrative
remedies but the same was denied, hence this present petition.
Invoking the doctrine of exhaustion of administrative remedies, petitioners aver that the trial court could not legally entertain the
suit for replevin because the truck was under administrative seizure proceedings pursuant to Section 68-A of P.D. 705, as amended
by E.O. 277. Private respondents, on the other hand, would seek to avoid the operation of this principle asserting that the instant
case falls within the exception of the doctrine upon the justification that (1) due process was violated because they were not given
the chance to be heard, and (2) the seizure and forfeiture was unlawful on the grounds: (a) that the Secretary of DENR and his
representatives have no authority to confiscate and forfeit conveyances utilized in transporting illegal forest products, and (b) that
the truck as admitted by petitioners was not used in the commission of the crime
ISSUE: WON the administrative seizure of the truck was within the powers of DENR.YES
HELD:
On the non-exhaustion of administrative remedies
The Court held that it was indeed improper for private respondents to not exhaust its administrative remedies. The
grounds relied upon by petitioner for exemption to such rule are not present in the case . It is important to point out that the
enforcement of forestry laws, rules and regulations and the protection, development and management of forest lands fall within
the primary and special responsibilities of the Department of Environment and Natural Resources. By the very nature of its
function, the DENR should be given a free hand unperturbed by judicial intrusion to determine a controversy which is well within
its jurisdiction. The assumption by the trial court, therefore, of the replevin suit filed by private respondents constitutes an
unjustified encroachment into the domain of the administrative agencys prerogative. The doctrine of primary jurisdiction does not
warrant a court to arrogate unto itself the authority to resolve a controversy the jurisdiction over which is initially lodged with an
administrative body of special competence.
On the Authority of DENR to Seize the Truck and Forest Products
The pertinent law provides:
SECTION 68-A. Administrative Authority of the Department or His Duly Authorized Representative To Order Confiscation.
In all cases of violation of this Code or other forest laws, rules and regulations, the Department Head or his duly authorized
representative , may order the confiscation of any forest products illegally cut, gathered, removed, or possessed or
abandoned, and all conveyances used either by land, water or air in the commission of the offense and to dispose of the
same in accordance with pertinent laws, regulations and policies on the matter ."
It is clear from the foregoing provision that the Secretary and his duly authorized representatives are given the authority
to confiscate and forfeit any conveyances utilized in violating the Code or other forest laws, rules and regulations. The phrase
to dispose of the same is broad enough to cover the act of forfeiting conveyances in favor of the government. The only limitation
is that it should be made in accordance with pertinent laws, regulations or policies on the matter.
Private respondent also misinterpreted the law by saying that the truck was improperly seized becaue an offense was not
committed. The offense contemplated by such law is not only qualified theft as advanced by private respondent.
SECTION 1. Section 68 of Presidential Decree No.705, as amended, is hereby amended to read as follows:
Section 68. Cutting, gathering and/or collecting timber or other forest products without license. -Any person who shall
cut, gather, collect, remove timber or other forest products from any forest land, or timber from alienable or disposable
public land, or from private land, without any authority, or possess timber or other forest products without the legal
documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under
Articles 309 and 310 of the Revised Penal Code xxx."
40

With the introduction of Executive Order No. 277 amending Section 68 of P.D. 705, the act of cutting, gathering, collecting,
removing, or possessing forest products without authority constitutes a distinct offense independent now from the crime of theft
under Articles 309 and 310 of the Revised Penal Code, but the penalty to be imposed is that provided for under Article 309 and 310
of the Revised Penal Code.
EO 318 (2004) Promoting Sustainable Forest Management in the Philippines

WHEREAS,the Constitution provides for the protection and advancement of the right of the people to a balanced and healthy environment in
accord with the rhythm and harmony, of nature, to protect the Filipino people from disasters like floods or landslides, and from threats to
environmental and economic security like wood and water shortage, biodiversity loss, air pollution and drought Likewise, it provides for the full,
efficient and rights-based use of natural resources to abate poverty, promote industrialization and full employment, affirm the diverse cultures
of the Filipino, and ensure their availability to present and future generations;
WHEREAS,Sustainable Forest Management (SFM)is provided in the Global Plan of implementation of the World Summit on Sustainable
Development adopted in Johannesburg, as an international strategy for developing and managing forests;
WHEREAS,important socio-economic and environmental changes and policy reforms that directly affect the forestry sector have taken place since
the issuance in 1975 of Presidential Decree No. 705, otherwise known as the Revised Forestry Code of the Philippines, and unless and until
otherwise directed by Congress, there is a need to provide guidance to national agencies and instrumentalities,on how to best harmonize these
policy reforms and make the forestry sector responsive to external changes, and attain SFM in the Philippines;
WHEREAS,logging or any commercial exploitation of forestry resources in old growth forests, proclaimed watersheds and other areas covered by
the National Integrated Protected Areas System (NIPAS) is prohibited to ensure the perpetual existence of all native plants and animals;
WHEREAS,a watershed-based integrated ecosystems management approach is deemed appropriate for SFM due to the interrelationships and
interactions between and among the various ecosystems of a watershed such as the uplands and coastal areas;
SECTION 1. Declaration of Policy. It shall be the Policy of the Government to pursue the sustainable management of forests and forestlands in
watersheds. Watersheds shall be deemed as ecosystem management units and shall be managed in a holistic, scientific, rights-based, technologybased and community-based manner and observing the principles of multiple-use, decentralization and devolution, and active participation of
local government units (LGUs), synergism of economic, ecological, social and cultural objectives, and the rational utilization of all resources found
therein. It shall likewise be the policy of the Government to promote sound, effective and efficient, globally-competitive and equitable forestry
practices in both public and private domains.
SECTION 2.Guiding Principles. The pursuit of the policies shall be guided by the following principles:
2.1 Delineation, Classification and Demarcation of State Forestlands
2.1.1
State forestlands shall be identified, classified and delineated/demarcated on the ground and shall constitute the permanent
forest estate unless otherwise stipulated by Congress; the same shall be categorized and managed either as primarily for
production or as primarily for protection purposes, and in both cases, placed under a formal management scheme.
2.1.2
Conversions of forestlands into non-forestry uses shall be allowed only through an act of Congress and upon the
recommendation of concerned government agencies.
2.2 Holistic, Sustainable and Integrated Development of Forestry Resources
2.2.1
The development and management of the Philippine forests and forestlands including the coastal forests shall be for the highest
and widest public benefit and shall be based on the inherent productive capacity and sustainable use of these resources for the
present and future generations of Filipinos.
2.2.2
The priority development, protection and management activity of any management unit shall be the rehabilitation of open
and/or denuded, degraded, fragile forestlands; and slope stabilization and protection to address occurrence of floods, landslides
and similar ecological disasters.
2.2.3
The establishment of tree parks, regreening and roadside planting of forest species in open and appropriate spaces shall be
prioritized to mitigate worsening urban air quality and global warming.
2.3 Community- Based Forest Conservation and Development
2.3.1
Community-Based Forest Management (CBFM) shall be the primary strategy in all forest conservation and development and
related activities, including joint ventures, production sharing and coproduction; it shall be encouraged in all private sector
forestry enterprises and ventures.
2.3.2
CBFM shall be a collaborative undertaking of the national government and the LGU's, local peoples, community organizations,
civil society organizations (CS0's), and private business entities.
2.3.3
Local cultures, values, traditions, religious beliefs and the rights of indigenous peoples to their ancestral lands and domains as
promoted and/or defined by existing legislation shall be recognized and respected in all forestry undertakings of the State and
the private sector.
2.4
Incentives for Enhancing Private Investments, Economic Contribution and Global Competitiveness of Forest-Based Industries
41

2.4.1
2.4.2
2.4.3
2.4.4
2.4.5
The government shall provide a favorable and stable policy and investment environment that shall promote the development of
efficient, globally-competitive and environment-friendly forest based industries, ensure their sustainable raw material supply and
encourage value-added processing in-country to boost rural employment and the economy.
Filipino entrepreneurship in forestry shall be encouraged and supported.
A package of incentives and services that are responsive to the development of forests in private and public forestlands shall be
adopted to encourage the development of private forests, including the deregulation of privately-developed forests and
privately-planted trees and enhancement of capacities of stakeholders to engage in private forest development and related
activities.
The development of high-value tree crops and non-timber forest crops in public forestlands, private lands and in home forest
gardens shall be promoted and" encouraged to enhance economic and ecological benefits and attain self-sufficiency in the
country's wood requirements.
Incentives shall be provided to encourage co-management of forest resources involving national and other government agencies
(NGAs/OGAs),LGUs,C50s, and the private sector
2.5 Proper Valuation and Pricing of Forestry Resources and Financing SFM.
2.5.1
Mechanisms for proper valuation and fair and comprehensive pricing of forest products and services, including water for
domestic, industrial, irrigation and power generation, biodiversity and eco-tourism, shall be developed and promoted.
2.5.2
Local, regional and national plow-back mechanisms of utilizing proceeds from the use of watersheds, forests and forestlands for
ecological and environmental services such as, but not limited to power generation, supplying domestic and irrigation water; and
ecotourism, shall be developed and promoted to finance forest protection, rehabilitation, and development.
2.5.3
Appropriate and doable mechanisms for adopting the principles of environment and natural resources accounting (ENRA) and
watershed ecosystems as minimum spatial units of accounts shall be developed and institutionalized.
2.5.4
Innovative financing systems and approaches, such as securitization, bonds and collaborative investments, shall be encouraged to
support sustainable forest management and enterprises and the conservation of forest-based biodiversity in the Philippines.
2.5.5
Government investments in and out-sourced financing for forest development such as the application of clean development
mechanism (CDM) shall be prioritized in favor of forestlands that serve a significantly large population such as critical watersheds
and/or which serve to reduce poverty and inequitable access to forests such as those under CBFM and/or co-management by
NGAs/OGAs, LGUs, industries, C50s, and local communities.
2.6 Institutional Support for SFM
2.6.1
The principles and practices of good governance such as transparency, accountability and participatory decision-making, in
transactions, decisions and actions affecting forestry, in all levels, and the policy of streamlining, decentralization, devolution and
deregulation shall be adopted, promoted and institutionalized in the Government service.
2.6.2
Partnerships and collaboration between and among the DENR, NGAs/OGAs, LGUs, professional forestry organizations, local
communities, civic groups, C50s, basic sectors, academic and other research and development institutions and other stakeholders
shall be promoted.
2.6.3
Forestry administrative systems and institutions, including research and development, shall be upgraded and modernized.
2.6.4
Academic programs and scientific research shall be harnessed to generate information, technologies and policies that will
strengthen national capacities for SFM under the frameworks of watershed ecosystem management (WEM) and CBFM.
2.6.5
Human resources development programs for all stakeholders shall be rationalized and upgraded in support of SFM; forestry
extension services by NGAs/OGAs and LGU shall be upgraded and intensified and undertaken with CSOs, to support CBFM, private
forestry, forestry co-management enterprises, and the development, of forest-based biodiversity.
2.6.6
Forest land use plans shall be incorporated by LGUs in their comprehensive land use plans. National Government agencies shall
assist LGUs in this endeavor.
2.6.7
Networks and linkages with local and international institutions, CSOs, LGUs, and industries involved in the promotion and practice
of SFM shall be strengthened.
SECTION 3. Issuance of Implementing Rules and Regulations. The DENR, within one hundred eighty (180) days from the issuance hereof, and in
coordination with other pertinent national and local agencies and bodies, LGU leagues, Civil Society Organizations, industry groups and academe,
shall formulate and promulgate the implementing rules and regulations, procedures, guidelines and priority actions necessary to implement this
Order.
SECTION 4. Effectivity. This Order shall take effect immediately.
MINING LAW
Miners vs Factoran
(240 SCRA 100, G.R. No. 98332 January 16, 1995)
MINERS ASSOCIATION OF THE PHILIPPINES, INC., petitioner, vs. HON. FULGENCIO S. FACTORAN, JR., Secretary of Environment and
Natural Resources, and JOEL D. MUYCO, Director of Mines and Geosciences Bureau, respondents.
FACTS
42

The instant case was filed by petitioner questioning the validity and constitutionality of the administrative orders issued by the
respondents which sprouted from the respective promulgation by the then president Aquino of Executive Orders for the
implementation of the new 1987 constitution regarding mining applications and agreements and for guidelines during the
transitory period.
The change was introduced by Article XII, Section 2 of the 1987 Constitution governing the system of exploration, development
and utilization of the countrys natural resources. No longer is the utilization of inalienable lands of public domain through
license, concession or lease under the 1935 and 1973 Constitutions allowed under the 1987 Constitution.
Petitioner alleges that among others, the administrative orders and ultimately the executive orders are unconstitutional because,
among others, violates the non-impairment of contract provision since the said orders pre-terminates existing mining agreements
and automatically converts them into production-sharing agreements.
ISSUE
WON the administrative orders are unconstitutional? NO.
HELD: This argument is untenable.

The adoption of the concept of jura regalia that all natural resources are owned by the State embodied in the 1935, 1973 and 1987
Constitutions, as well as the recognition of the importance of the country's natural resources, not only for national economic
development, but also for its security and national defense, ushered in the adoption of the constitutional policy of "full control and
supervision by the State" in the exploration, development and utilization of the country's natural resources. The options open to the
State are through direct undertaking or by entering into co-production, joint venture; or production-sharing agreements, or by
entering into agreement with foreign-owned corporations for large-scale exploration, development and utilization.
Upon the effectivity of the 1987 Constitution on February 2, 1987, the State assumed a more dynamic role in the exploration,
development and utilization of the natural resources of the country. Article XII, Section 2 of the said Charter explicitly ordains that the
exploration, development and utilization of natural resources shall be under the full control and supervision of the State. Consonant
therewith, the exploration, development and utilization of natural resources may be undertaken by means of direct act of the State,
or it may opt to enter into co-production, joint venture, or production-sharing agreements, or it may enter into agreements with
foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization
of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country.
The economic policy on the exploration, development and utilization of the country's natural resources under Article XII, Section 2 of
the 1987 Constitution could not be any clearer. As enunciated in Article XII, Section 1 of the 1987 Constitution, the exploration,
development and utilization of natural resources under the new system mandated in Section 2, is geared towards a more equitable
distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation
for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the
underprivileged.
The economic policy on the exploration, development and utilization of the country's natural resources under Article XII, Section 2 of
the 1987 Constitution could not be any clearer. As enunciated in Article XII, Section 1 of the 1987 Constitution, the exploration,
development and utilization of natural resources under the new system mandated in Section 2, is geared towards a more equitable
distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation
for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the
underprivileged.
The exploration, development and utilization of the country's natural resources are matters vital to the public interest and the general
welfare of the people. Accordingly, the State, in the exercise of its police power in this regard, may not be precluded by the
constitutional restriction on non-impairment of contract from altering, modifying and amending the mining leases or agreements
granted under Executive Orders. Police Power, being co-extensive with the necessities of the case and the demands of public interest;
extends to all the vital public needs.
La Bugal-blaan vs Ramos
(445 SCRA 1, G.R. No. 127882, December 1, 2004)
FACTS:
On July 25, 1987, then President Corazon C. Aquino issued Executive Order (E.O.) No. 2796 authorizing the DENR Secretary to accept,
consider and evaluate proposals from foreign-owned corporations or foreign investors for contracts or agreements involving either
43

technical or financial assistance for large-scale exploration, development, and utilization of minerals, which, upon appropriate
recommendation of the Secretary, the President may execute with the foreign proponent.
On March 3, 1995, then President Fidel V. Ramos approved R.A. No. 7942 (The Philippine Mining Act of 1995) to "govern the
exploration, development, utilization and processing of all mineral resources." R.A. No. 7942 defines the modes of mineral agreements
for mining operations, outlines the procedure for their filing and approval, assignment/transfer and withdrawal, and fixes their terms.
Similar provisions govern financial or technical assistance agreements.
On April 9, 1995, 30 days following its publication on March 10, 1995 in Malaya and Manila Times, two newspapers of general
circulation, R.A. No. 7942 took effect. Shortly before the effectivity of R.A. No. 7942, however, or on March 30, 1995, the President
entered into an FTAA with WMCP covering 99,387 hectares of land in South Cotabato, Sultan Kudarat, Davao del Sur and North
Cotabato.
On August 15, 1995, then DENR Secretary Victor O. Ramos issued DENR Administrative Order (DAO) No. 95-23, s. 1995, otherwise
known as the Implementing Rules and Regulations of R.A. No. 7942. This was later repealed by DAO No. 96-40, s. 1996 which was
adopted on December 20, 1996.
On January 10, 1997, counsels for petitioners sent a letter to the DENR Secretary demanding that the DENR stop the implementation
of R.A. No. 7942 and DAO No. 96-40, giving the DENR fifteen days from receipt to act thereon. The DENR, however, has yet to respond
or act on petitioners' letter.
Petitioners claim that the DENR Secretary acted without or in excess of jurisdiction. They pray that the Court issue an order:
(a) Permanently enjoining respondents from acting on any application for Financial or Technical Assistance Agreements;
(b) Declaring the Philippine Mining Act of 1995 or Republic Act No. 7942 as unconstitutional and null and void;
(c) Declaring the Implementing Rules and Regulations of the Philippine Mining Act contained in DENR Administrative Order No. 96-40
and all other similar administrative issuances as unconstitutional and null and void; and
(d) Cancelling the Financial and Technical Assistance Agreement issued to Western Mining Philippines, Inc. as unconstitutional, illegal
and null and void.
ISSUE (1):Whether RA 7942 and its Implementing Rules enable the government to exercise that degree of control sufficient to direct
and regulate the conduct of affairs of individual enterprises and restrain undesirable activities. YES.
RULING (1):
Petitioners charge that RA 7942, as well as its Implementing Rules and Regulations, makes it possible for FTAA contracts to cede full
control and management of mining enterprises over to fully foreign-owned corporations, with the result that the State is allegedly
reduced to a passive regulator dependent on submitted plans and reports, with weak review and audit powers. The State does not
supposedly act as the owner of the natural resources for and on behalf of the Filipino people; it practically has little effective say in
the decisions made by the enterprise. Petitioners then conclude that the law, the implementing regulations, and the WMCP FTAA
cede beneficial ownership of the mineral resources to the foreign contractor.
A careful scrutiny of the provisions of RA 7942 and its Implementing Rules belies petitioners claims. Paraphrasing the Constitution,
Section 4 of the statute clearly affirms the States control thus:
Sec. 4. Ownership of Mineral Resources. Mineral resources are owned by the State and the exploration, development, utilization
and processing thereof shall be under its full control and supervision. The State may directly undertake such activities or it may enter
into mineral agreements with contractors.
The State shall recognize and protect the rights of the indigenous cultural communities to their ancestral lands as provided for by the
Constitution.
The aforequoted provision is substantively reiterated in Section 2 of DAO 96-40 as follows:
Sec. 2. 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. It shall be the responsibility of the State to promote their rational exploration,
development, utilization and conservation through the combined efforts of the Government and private sector in order to enhance
national growth in a way that effectively safeguards the environment and protects the rights of affected communities.
In other words, the FTAA contractor is not free to do whatever it pleases and get away with it; on the contrary, it will have to follow
the government line if it wants to stay in the enterprise. Ineluctably then, RA 7942 and DAO 96-40 vest in the government more
than a sufficient degree of control and supervision over the conduct of mining operations.
ISSUE (2): WON Sec. 3 (aq) of RA 7942 is unconstitutional for allowing foreign-owned companies to hold the exploration permits. NO.
44

RULING (2):
An objection has been expressed that Section 3(aq) of RA 7942 -- which allows a foreign contractor to apply for and hold an exploration
permit -- is unconstitutional. The reasoning is that Section 2 of Article XII of the Constitution does not allow foreign-owned
corporations to undertake mining operations directly. They may act only as contractors of the State under an FTAA; and the State, as
the party directly undertaking exploitation of its natural resources, must hold through the government all exploration permits and
similar authorizations. Hence, Section 3(aq), in permitting foreign-owned corporations to hold exploration permits, is
unconstitutional.
The objection, however, is not well-founded. 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. In fact, there is no prohibition at all against foreign or local corporations or contractors holding exploration permits.
The exploration permit serves a practical and legitimate purpose in that it protects the interests and preserves the rights of the
exploration permit grantee (the would-be contractor) -- foreign or local -- 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. Minus this permit
and the protection it affords, the exploration works and expenditures may end up benefiting only claim-jumpers. Such a possibility
tends to discourage investors and contractors.
ISSUE (3): WON our mineral resources are given away for free by RA 7942. NO.
RULING (3):
Foreign contractors do not just waltz into town one day and leave the next, taking away mineral resources without paying
anything.
They need to expend a great deal more of their funds for facilities, equipment and supplies, fuel, salaries of local labor and technical
staff, and other operating expenses. In the meantime, they also have to pay taxes, duties, fees, and royalties. All told, the exploration,
pre-feasibility, feasibility, development and construction phases together add up to as many as eleven years. The contractors have to
continually shell out funds for the duration of over a decade, before they can commence commercial production from which they
would eventually derive revenues. All that money translates into a lot of pump-priming for the local economy.
Granted that the contractors are allowed subsequently to recover their pre-operating expenses, still, that eventuality will happen only
after they shall have first put out the cash and fueled the economy. Moreover, in the process of recouping their investments and
costs, the foreign contractors do not actually pull out the money from the economy. Rather, they recover or recoup their investments
out of actual commercial production by not paying a portion of the basic government share corresponding to national taxes, along
with the additional government share, for a period of not more than five years counted from the commencement of commercial
production.
It must be noted that there can be no recovery without commencing actual commercial production. In the meantime that the
contractors are recouping costs, they need to continue operating; in order to do so, they have to disburse money to meet their various
needs. In short, money is continually infused into the economy.
The foregoing discussion should serve to rid us of the mistaken belief that, since the foreign contractors are allowed to recover their
investments and costs, the end result is that they practically get the minerals for free, which leaves the Filipino people none the
better for it.
Loney, et al. vs People of the Philippines

GR No. 152644, February 10, 2006
John Eric Loney, Steven Paul Reid and Pedro B. Hernandez, petitioners vs People of the Philippines, respondent
Facts:
-
Petitioners are President and Chief Executive Officer, Senior Manager, and Resident Manager for Mining Operations,
respectively, of Marcopper Mining Corporation. Marcopper is a corporation engaged in mining in the province of
Marinduque
Marcopper had been storing tailings from its operations in a pit in Mt. Tapian. At the base of the pit ran a drainage tunnel
leading to the Boac and Makalupnit rivers. It appears that Marcopper had placed a concrete plug at the end of the tunnel.
However, on March 24, 1994 the tailings gushed out of or near the tunnels end. Thus, in a few days, the pit of Mt. Tapian
had discharged millions of tons of tailings into Boac and Makalupnit rivers
45

-
August 1996: DOJ separately charged petitioners with violations of the Water Code of the Phils (PD 1067), National
Pollution Control Decree (PD 984), Philippine Mining Act (RA 7942), and Article 365 of the RPC for Reckless Imprudence
Resulting in Damage to Property
Petitioners moved to quash the informations arguing the ff:
1. Informations were duplicitous as DOJ charged more than 1 offense for a single act
2. Petitioners Reid and Loney were not yet officers during the time the incident took place
3. Informations contain allegations which constitute legal excuse or justification
Issue: W/N the DOJ erred in filing several charges against the petitioners? NO
Ruling:
Filing of several charges
- The petitioners contended that they should be charged with only 1 offense namely Reckless Imprudence Resulting in
Damage to Property as the charges filed against them proceed from and are based on a single act or incident of polluting
the Boac and Makalupnit Rivers through dumping of mine tailings, and the charge of Reckless Imprudence absorbs the
other charges as the element of lack of necessary or adequate protection, negligence, recklessness and imprudence is
common among them. On this contention, the Court held in the negative.
- The Court, cites Branch 94s comparative analysis of the laws on which the charges against the petitioners are based, to
wit:
In P.D. 1067 (Philippines Water Code), the additional element to be established is the dumping of mine
tailings into the Makulapnit River and the entire Boac River System without prior permit from the
authorities concerned. The gravamen of the offense here is the absence of the proper permit to dump
said mine tailings. This element is not indispensable in the prosecution for violation of PD 984 (AntiPollution Law), [RA] 7942 (Philippine Mining Act) and Art. 365 of the Revised Penal Code. One can be
validly prosecuted for violating the Water Code even in the absence of actual pollution, or even [if] it
has complied with the terms of its Environmental Compliance Certificate, or further, even [if] it did take
the necessary precautions to prevent damage to property.
In P.D. 984 (Anti-Pollution Law), the additional fact that must be proved is the existence of actual
pollution. The gravamen is the pollution itself. In the absence of any pollution, the accused must be
exonerated under this law although there was unauthorized dumping of mine tailings or lack of
precaution on its part to prevent damage to property.
In R.A. 7942 (Philippine Mining Act), the additional fact that must be established is the willful violation
and gross neglect on the part of the accused to abide by the terms and conditions of the Environmental
Compliance Certificate, particularly that the Marcopper should ensure the containment of run-off and
silt materials from reaching the Mogpog and Boac Rivers. If there was no violation or neglect, and that
the accused satisfactorily proved [sic] that Marcopper had done everything to ensure containment of
the run-off and silt materials, they will not be liable. It does not follow, however, that they cannot be
prosecuted under the Water Code, Anti-Pollution Law and the Revised Penal Code because violation of
the Environmental Compliance Certificate is not an essential element of these laws.
On the other hand, the additional element that must be established in Art. 365 of the Revised Penal
Code is the lack of necessary or adequate precaution, negligence, recklessness and imprudence on the
part of the accused to prevent damage to property. This element is not required under the previous
laws. Unquestionably, it is different from dumping of mine tailings without permit, or causing pollution
to the Boac river system, much more from violation or neglect to abide by the terms of the
Environmental Compliance Certificate. Moreover, the offenses punished by special law are mal[a]
prohibita in contrast with those punished by the Revised Penal Code which are mala in se.
-
The Court ruling in the negative and affirming the ruling of Branch 94, held that a mala in se felony (such as Reckless
Imprudence Resulting in Damage to Property) cannot absorb mala prohibita crimes (such as those violating PD 1067, PD
984, and RA 7942). What makes the former a felony is criminal intent (dolo) or negligence (culpa); what makes the latter
crimes are the special laws enacting them.
46

DESAMA, et. al. vs Gozun

GR No. 157882, March 30, 2006
DIDIPIO EARTH-SAVERS MULTI-PURPOSE ASSOCIATION, INCORPORATED (DESAMA), et. al, Petitioners, vs ELISEA GOZUN, in her
capacity as SECRETARY of the DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES (DENR), HORACIO RAMOS, in his
capacity as Director of the Mines and Geosciences Bureau (MGB-DENR), ALBERTO ROMULO, in his capacity as the Executive
Secretary of the Office of the President, RICHARD N. FERRER, in his capacity as Acting Undersecretary of the Office of the
President, IAN HEATH SANDERCOCK, in his capacity as President of CLIMAX-ARIMCO Mining Corporation. Respondents.
Facts:
-
On 25 July 1987, then President Corazon C. Aquino promulgated Executive Order No. 279 which authorized the DENR
Secretary to accept, consider and evaluate proposals from foreign-owned corporations or foreign investors for contracts
of agreements involving either technical or financial assistance for large-scale exploration, development, and utilization of
minerals, which, upon appropriate recommendation of the Secretary, the President may execute with the foreign
proponent.
On 3 March 1995, then President Fidel V. Ramos signed into law Rep. Act No. 7942 entitled, An Act Instituting A New
System of Mineral Resources Exploration, Development, Utilization and Conservation, otherwise known as the Philippine
Mining Act of 1995.
On 15 August 1995, then DENR Secretary Victor O. Ramos issued DENR Administrative Order (DAO) No. 23, Series of 1995,
containing the implementing guidelines of Rep. Act No. 7942. This was soon superseded by DAO No. 96-40, s. 1996, which
took effect on 23 January 1997 after due publication.
Previously, however, or specifically on 20 June 1994, President Ramos executed an FTAA with AMC over a total land area
of 37,000 hectares covering the provinces of Nueva Vizcaya and Quirino. Included in this area is Barangay Dipidio, Kasibu,
Nueva Vizcaya.
AMC consolidated with Climax Mining Limited to form a single company that now goes under the new name of ClimaxArimco Mining Corporation (CAMC), the controlling 99% of stockholders of which are Australian nationals.
Herein petitioners through their counsel filed a demand letter addressed to then DENR Secretary Alvarez for the
cancellation of the CAMC FTAA for the primary reason that Rep. Act No. 7942 and its Implementing Rules and Regulations
DAO 96-40 are unconstitutional. However, there was no response, thus petitioners sent a letter to then President Arroyo,
and said letter was indorsed to the DENR Secretary and eventually referred to the Panel of Arbitrators of the Mines and
Geosciences Bureau (MGB), Regional Office No. 02, Tuguegarao, Cagayan, for further action.
On 19 February 2003, the MGB rejected the demand of counsels for petitioners for the cancellation of the CAMC FTAA.
Nuclear Free Philippine Coalition vs NPC (February 11, 1986)

I. In G.R. No. 70632, (1) petitioners question the competence of respondent PAEC Commissioners to pass judgment on the safety of
the Philippine Nuclear Power Plant-1 PNPP-1 in PAEC Licensing Proceedings No. 1-77 without however seeking their ouster from
office, although "proven competence" is one of the qualifications prescribed by law for PAEC Commissioners. (2) Petitioners also assail
the validity of the motion (application) filed by the National Power Corporation (NPC) for the conversion of its construction permit
into an operating license for PNPP-1 on the principal ground that it contained no information regarding the financial qualifications of
NPC, its source of nuclear fuel, and insurance coverage for nuclear damage. (3) Petitioners finally charge respondent PAEC
Commissioners with bias and prejudgment.
1. The first issue must be resolved against the petitioners. Where the validity of an appointment is not challenged in an appropriate
proceeding, the question of competence is not within the field of judicial inquiry. If not considered a qualification the absence of
which would vitiate the appointment, competence is a matter of judgment that is addressed solely to the appointing power.
2. As regards the legal sufficiency of the NPC motion for conversion, petitioners contend that the deficiencies they have indicated are
jurisdictional infirmities which cannot be cured. The Court believes however that said deficiencies may be remedied and supplied in
the course of the hearing before PAEC. For this purpose, respondent-applicant NPC may submit pertinent testimonies and documents
when the PAEC hearing is re-opened, subject to controversion and counterproof of herein petitioners.
3. There is merit in the charge of bias and prejudgment. The PAEC pamphlets- particularly Annexes "JJ", "KK" and "LL" of the petition
(G.R. 70632)-clearly indicate the pre-judgment that PNPP-1 is safe.
Exhibit "JJ" is an official PAEC 1985 pamphlet entitled "The Philippine Nuclear Power Plant-l." It gives an overview specifically of PNPP1, lauds the safety of nuclear power, and concludes with a statement of the benefits to be derived when the PNPP-1 start operation.
. . .When the PNPP-1 starts operating, it will generate a power of 620 megawatts enough to supply 15 percent of the electricity needs
in Luzon. This is estimated to result in savings of US $ 160 million a year, representing the amount of oil displaced.
Aside from being a reliable source of electricity, nuclear power has an excellect safety record and has been found to result in lower
occupational and public risks than fossil fired (coal or oil) stations. (p. 6. Emphasis supplied.)
47

The second pamphlet (Exh. "KK") is entitled "NUCLEAR POWER-SAFE CLEAN ECONOMICAL AND AVAILABLE." On the surface, it merely
propagates the use of nuclear power in general. But its numerous specific references to the PNPP-1 "which will be operational in
1985." and its advantages give credence to the charge that Exhibit "KK" was in reality designed to project PNPP-1 as safe, among other
When Exhibit "KK" was published, PNPP-1 was the only nuclear plant under construction in the Philippines. It is the Philippine nuclear
plant specifically mentioned therein that was to be operational in 1985. Therefore, when the pamphlet states that nuclear power is
working now in other countries and "it should work for us too" because it is "safe" and economical", it is logical to conclude that the
reference is to no other than the nuclear power to be generated at the PNPP-1
Also worth quoting is the following passage in Exhibit "KK" which sweepingly vouch safes all nuclear power plants, including the PNPP1:
No member of the public has ever been injured during the last 25 years that commercial nuclear reactors have been generating
electricity. As is to be expected in any complex system as nuclear power plants, there have been failure of equipment and human
errors. However in every instance, the safety equipment designed into the nuclear reactor self terminated the accident without injury
to the operators or the public. The Three Mile Island Incident, serious as it was, did not result in the loss of life nor did it result in the
exposure of anyone beyond permissible limits.
The designers of nuclear plants assume failure to occur, and provide multiple safeguards protection against every conceivable
malfunction (P. 7, Emphasis supplied.)
The third pamphlet (Exh. "LL") is entitled NUCLEAR POWER PLANT and ENVIRONMENTAL SAFETY. Speaking specifically of the PNPP-1
it categorically states that the Bataan nuclear plant will not adversely affect the public or the flora or fauna in the area. One of the
stated reasons in support of the conclusion is
And environmentally, a nuclear power plant emits only insignificant amount of radioactivity to the environment. It does not cause
chemical pollution of air or water, it does not emit sulfur dioxide or nitrogen oxides like plants fired by fossil fuels such as coal and oil,
Besides, even coal fired plants may emits radioactive particles of uranium and thorium because these may be found naturally
associated with coal deposits.
Comparatively therefore, a nucelar power plant is the cleanest and the safest environmently no other technology in modern times
has been developed with so dominant concern for public safety as nuclear power. (p. 8)
Respondent PAEC Commissioners cannot escape responsibility for these official pamphlets. Exhibit "JJ" was published in 1985, when
respondent Commissioners had already been appointed to their present positions. Exhibits "KK" and "LL" were issued earlier, but the
majority of respondent Commissioners even then were already occupying positions of responsibility in the PAEC. Commissioner
Manuel Eugenio was Acting Chief of the PAEC Department on Nuclear Technology and Engineering from June, 1980 to July, 1984;
Commissioner Quirino Navarro was PAEC Chief Science Research Specialist from May, 1980 to September, 1984-, and Commissioner
Alejandro Ver Albano was PAEC Deputy Commissioner from March, 1980 to September, 1984. Additionally, the stubborn fact remains
unrebutted that Exhibits "J.J." "KK" and "LL" continued to be distributed by PAEC as late as March, 1985. In other words their official
distribution continued after the filing of NPC's motion for conversion on June 27, 1984 and even after PAEC had issued its order dated
February 26, 1985 formally admitting the said motion for conversion.
At any rate, even if it be assumed that there are some doubts regarding the conclusion that there has been a prejudgment of the
safety of PNPP-1 the doubts should be resolved in favor of a course of action that will assure an unquestionably objective inquiry,
considering the circumstances thereof and the number of people vitally interested therein.
Having thus prejudged the safety of the PNPP-1 respondent PAEC Commissioners would be acting with grave abuse of discretion
amounting to lack of jurisdiction were they to sit in judgment upon the safety of the plant, absent the requisite objectivity that must
characterize such an important inquiry.
The Court therefore Resolved to RESTRAIN respondent PAEC Commissioners from further acting in PAEC Licensing Proceedings No. 177.
II. In G.R. No. 68474, acting on the motion filed therein dated June 8, 1985 to order PAEC to reconsider its orders of May 31 and June
5, 1985, the urgent motion for mandatory injunction and/or restraining order dated August 3, 1985, the second urgent motion for
mandatory injunction dated August 12, 1985, and the various pleadings and other documents submitted by the parties relative
thereto, and considering the paramount need of a reasonable assurance that the operation of PNPP-1 will not pose an undue risk to
the health and safety of the people, which dictates that the conduct of the inquiry into the safety aspects of PNPP-1 be characterized
by sufficient latitude, the better to achieve the end in view, unfettered by technical rules of evidence (Republic Act 5207, section 34),
and in keeping with the requirements of due process in administrative proceedings, the Court Resolved to ORDER respondent PAEC
48

(once reconstituted) to re-open the hearing on PNPP-1 so as to give petitioners sufficient time to complete their cross-examination
of the expert witnesses on quality assurance, to cross-examine the witnesses that petitioners have failed to cross-examine on and
after August 9, 1985, and to complete the presentation of their evidence, for which purpose, respondent PAEC shall issue the
necessary subpoena and subpoena duces tecum to compel the attendance of relevant witnesses and/or the production of relevant
documents. For the said purposes, the PAEC may prescribe a time schedule which shall reasonably assure the parties sufficient latitude
to adequately present their case consistently with the requirements of dispatch. lt is understood that the PAEC may give NPC the
opportunity to correct or supply deficiencies in this application or evidence in support thereof.
ECOLOGICAL SOLID WASTE MANAGEMENT ACT
Province of Rizal vs Executive Secretary (Dec 13, 2005)
DOCTRINE:
The law and the facts indicate that a mere MOA does not guarantee the dumpsites permanent closure. An order for
closure is in order.
FACTS
Garbage was on the rise.
At the height of the garbage crisis plaguing Metro Manila and its environs, parts of the Marikina Watershed Reservation
were set aside by the Office of the President, through Proclamation No. 635 dated 28 August 1995, for use as a sanitary
landfill and similar waste disposal applications. In fact, this site, extending to more or less 18 hectares, had already been
in operation since 19 February 1990 for the solid wastes of Quezon City, Marikina, San Juan, Mandaluyong, Pateros, Pasig,
and Taguig.
A petition filed by the Province of Rizal, the municipality of San Mateo, and various concerned citizens for review on
certiorari of the Decision of the Court of Appeals in CA-G.R. SP No. 41330, denying, for lack of cause of action, the petition
for certiorari, prohibition and mandamus with application for a temporary restraining order/writ of preliminary injunction
assailing the legality and constitutionality of Proclamation No. 635.
A case to the CA for the closure of the landfill stalled.
ISSUE
Whether or not the landfill is contrary to law
HELD:
SC held that the San Mateo Landfill will remain permanently closed.
Although the petitioners may be deemed to have waived or abandoned the issues raised in their previous pleadings but
not included in the memorandum,certain events we shall relate below have inclined us to address some of the more
pertinent issues raised in the petition for the guidance of the herein respondents, and pursuant to our symbolic function
to educate the bench and bar.
The law and the facts indicate that a mere MOA does not guarantee the dumpsites permanent closure.
The rally and barricade staged by the people of Antipolo on 28 January 1999, with the full support of all the mayors of
Rizal Province caused the MMDA to agree that it would abandon the dumpsite after six months. In return, the municipal
mayors allowed the use of the dumpsite until 20 July 1999.
49

Were it not for the TRO, then President Estradas instructions would have been lawfully carried out, for as we observed
in Oposa v. Factoran, the freedom of contract is not absolute.
CLEAN AIR ACT
MMDA v. Jancom
After bidding for a waste management project with the MMDA, Jancom won a contract for the MMDAs San Mateo waste
management project. A BOT contract for the waste to energy project was signed on Dec 19, 1997, between Jancom and the Philippine
Government, represented by the Presidential Task Force on Solid Waste Management through DENR Secretary Victor Ramos, CORDNCR chair Dionisio dela Serna, and MMDA chair Prospero Oreta.
The contract, however, was never signed by President Ramos as it was too close to the end of his term. He endorsed it to President
Estrada, but Estrada refused to sign it, for two reasons: the passage of RA 8749, or the Clean Air Act of 1999 and the clamor of San
Mateo residents for the closure of the dumpsite.
When the MMDA published another call for proposals for solid waste management projects for Metro Manila, Jancom filed a petition
with the Pasig RTC asking the court to declare as void the resolution of the Greater Metropolitan Manila Solid Waste Management
Committee disregarding the BOT contract with Jancom, and the call for bids for a new waste management contract.
On May 29, 2000, the lower court decided in favor of Jancom. Instead of appealing, the MMDA filed with the Court of Appeals a
petition for certiorari and a TRO. When the CA dismissed the petition, the MMDA went to the Supreme Court, arguing that the contract
with Jancom was not binding because it was not signed by the President, the conditions precedent to the contract were not complied
with, and there was no valid notice of award.
The Supreme Court ruled that MMDA should have filed a motion for appeal instead of for certiorari, because a certiorari would only
apply in cases where there was grave abuse of jurisdiction, something which the petition did not allege. Correction may be obtained
only by an appeal from the final decision. Since the decision was not appeal, the Court said it has become final and gone beyond the
reach of any court to modify in any substantive aspect.
Though saying it was unnecessary to discuss the substantive issues, the court took it up just the same, if only to put the petitioners
mind to rest.
The contract with Jancom is valid: citing Article 1305, 1315 and 1319 of the Civil Code.
In asserting that there was no valid and binding contract, MMDA can only allege that there was no valid notice of award; the contract
does not bear the signature of the President; the conditions precedent specified in the contract were not complied with.
But the Court said that the lack of notice was the governments fault; though the President did not sign, his alter-ego did; and anyway
his signature was only necessary for the effectivity of the contract, not its perfection; and that the two-month period within which
Jancom should comply with the conditions had not yet started to run because the contract had not yet taken effect, precisely because
of the absence of the Presidents signature.
HELD:
The Court of Appeals did not err when it declared the existence of a valid and perfected contract between the Republic of the
Philippines and Jancom. The MMDA cannot revoke or renounce the same without the consent of the other. Although the contract is
a perfected one, it is still ineffective or unimplementable until and unless it is approved by the President.
Voting: vitug, panganiban, Sandoval Gutierrez concur.
Carpio j: No part, I was former counsel to a foreign partner of Jancom Environmental Corporation.
Section 11, Article VIII of the 1987 Constitution says: The Supreme Court en banc shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the
case and voted thereon.
Does this mean that all administrative decisions and penalties may be rendered only by the Supreme Court en banc?
On February 7, 1989, the Court promulgated Circular No. 2-89 which says: A decision or resolution of a Division of the Court, when
concurred in by a majority of its members who actually took part in the deliberations on the issues in a case and voted thereon, and
in no case without the concurrence of at least three such Members, is a decision or resolution of the Supreme Court (Sec 4 (3), Article
VIII, 1987 Constitution.
50

Role of Local Government
Social Justice Society v Atienza
568 Phil 658, 13 February 2008
SOCIAL JUSTICE SOCIETY (SJS), VLADIMIR ALARIQUE T. CABIGAO and BONIFACIO S. TUMBOKON, Petitioners, vs. HON. JOSE
L. ATIENZA, JR., in his capacity as Mayor of the City of Manila, Respondent.
CHEVRON PHILIPPINES INC., PETRON CORPORATION and PILIPINAS SHELL PETROLEUM CORPORATION, MovantsIntervenors.
DEPARTMENT OF ENERGY, Movant-Intervenor
FACTS:
On November 20, 2001, The Sangguniang Panglunsod of Maynila enacted Ordinance No. 8027. Hon. Jose L. Atienza, jr.
approved the said ordinance on November 28, 2001. and it became effective on December 28, 2001. Ordinance No. 8027
reclassified the area of Pandacan and Sta. Ana from industrial to commercial and directed the owners and operators of businesses
disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the
ordinance. Among the businesses situated in the area are the so-called Pandacan Terminals of the oil companies Caltex, Petron and
Shell.
However, on June 26, 2002, the City of Manila and the Department of Energy entered into a memorandum of
understanding with the oil companies in which they agreed that :scaling down of Pandacan Terminals was the most viable and
practicable option. Under the memorandum of understanding, the City of Manila and the Department of Energy permits the Oil
Companies to continuously operate in compliance with legal requirements, within the limited area resulting from the joint
operations and the scale down program.
The Sangguniang Panlungsod ratified the memorandum of understanding in Resolution No. 97. In that resolution, the
Sanggunian declared that the memorandum of understanding was effective only for a period of six months starting July 25, 2002.
Thereafter, on January 30, 2003, the Sanggunian adopted Resolution No. 13 extending the validity of Resolution No. 97 to April 30,
2003 and authorizing Mayor Atienza to issue special business permits to the oil companies. Resolution No. 13, s. 2003 also called
for a reassessment of the ordinance.
Issue: Whether or not respondent has the mandatory legal duty to enforce Ordinance No. 8027 and order the removal of the
Pandacan Terminals. And Whether or not the June 26, 2002 memorandum of understanding and the resolutions ratifying it can
amend or repeal Ordinance No. 8027.
Held:
The Local Government Code imposes upon respondent the duty, as City Mayor of Manila, to enforce all laws and ordinances
relative to the governance of the city. One of these is Ordinance No. 8027. As the chief executive of the city, he has the duty to put
into effect Ordinance No. 8027 as long as it has not been repealed by the Sanggunian or negated by the courts.
On the other hand assuming that the terms of the memorandum of understanding were contradictory with Ordinance No.
8027, the resolutions which ratified it and made it binding on the City of Manila expressly gave it full force and effect only until April
30, 2003. There is nothing that legally hinders respondent from enforcing Ordinance No. 8027. Wherefore the Court Ordered Hon.
Jose L. Atienza, Jr., as mayor of the city of Manila to immediately enforce Ordinance No. 8027.
Disaster Risk Reduction and Management

Tano, et al v Socrates
FACTS:
Petitioners (theyre so manyi.e. natural persons who claim to be fishermen but are alleged marine merchants) file a
petition to, among others: declare as unconstitutional (a) an ordinance of the Sangguniang Panlungsod of Puerto Princesa (that
ban the shipment of all live fish and lobster outside Puerto Princesa City without the required permits/documents,) (b) the Office
Order issued by the acting city mayor implementing said city ordinance, and (c) a resolution (that prohibit the catching, gathering,
possessing, buying, selling and shipment of live marine coral dwelling aquatic organisms, as listed) of the Sangguniang Panlalawigan
of Palawan. The ordinance basically aims to effectively free the city sea waters from cyanide and other obnoxious substance while
the Resolution aims to protect and preserve the existence of the remaining excellent corals and allow the devastated ones to
reinvigorate and regenerate themselves into vitality within the span of five (5) years
51

Petitioners argue among others that the ordinances deprived them of due process of law, their livelihood, and unduly
restricted them from the practice of their trade, in violation of Section 2, Article XII and Sections 2 and 7 of Article XIII of the 1987
Constitution.
ISSUE: WoN the challenged ordinance, Office Order and Resolution are unconstitutional NO
HELD:
The pertinent portion of Section 2 of Article XII reads:
SEC. 2. x x x
The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve
its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
Sections 2 and 7 of Article XIII provide:
Sec. 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative
and self-reliance.
xxx
Sec. 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the
communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate
technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect,
develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.
There is absolutely no showing that any of the petitioners qualifies as a subsistence or marginal fisherman. In their petition,
petitioner Airline Shippers Association of Palawan is described as a private association composed of Marine Merchants;
petitioners Robert Lim and Virginia Lim, as merchants; while the rest of the petitioners claim to be fishermen, without any
qualification, however, as to their status.
Since the Constitution does not specifically provide a definition of the terms subsistence or marginal fishermen, they
should be construed in their general and ordinary sense. A marginal fisherman is an individual engaged in fishing whose margin of
return or reward in his harvest of fish as measured by existing price levels is barely sufficient to yield a profit or cover the cost of
gathering the fish, while a subsistence fisherman is one whose catch yields but the irreducible minimum for his livelihood.
Besides, Section 2 of Article XII aims primarily not to bestow any right to subsistence fishermen, but to lay stress on the
duty of the State to protect the nations marine wealth. What the provision merely recognizes is that the State may allow, by law,
cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
Anent Section 7 of Article XIII, it speaks not only of the use of communal marine and fishing resources, but of their
protection, development, and conservation. As hereafter shown, the ordinances in question are meant precisely to protect and
conserve our marine resources to the end that their enjoyment by the people may be guaranteed not only for the present
generation, but also for the generations to come.
The so-called preferential right of subsistence or marginal fishermen to the use of marine resources is not at all
absolute. In accordance with the Regalian Doctrine, marine resources belong to the State, and, pursuant to the first paragraph of
Section 2, Article XII of the Constitution, their exploration, development and utilization ... shall be under the full control and
supervision of the State. Moreover, their mandated protection, development, and conservation as necessarily recognized by the
framers of the Constitution, imply certain restrictions on whatever right of enjoyment there may be in favor of anyone. What must
likewise be borne in mind is the state policy enshrined in the Constitution regarding the duty of the State to protect and advance
the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
The challenged ordinance and resolution unquestionably involve a valid exercise of police power. There is nothing in the
Office order that is violative of any constitutional or statutory provision. (SC also quoted its decision in Oposa vs. Factoran such as
the right to a balanced and healthful ecology carries with it a correlative duty to refrain from impairing the environment)
52

Tatel v Mun of Virac
207 SCRA 157; G.R. No. 40243; 11 Mar 1992
FACTS
Petitioner Celestino Tatel owns a warehouse in barrio Sta. Elena, Municipality of Virac. Complaints were
received by the municipality concerning the disturbance caused by the operation of the abaca bailing machine inside
petitioners warehouse. A committee was then appointed by the municipal council, and it noted from its investigation
on the matter that an accidental fire within the warehouse of the petitioner created a danger to the lives and properties
of the people in the neighborhood. Resolution No. 29 was then passed by the Municipal council declaring said
warehouse as a public nuisance within a purview of Article 694 of the New Civil Code. According to respondent
municipal officials, petitioners warehouse was constructed in violation of Ordinance No. 13, series of 1952, prohibiting
the construction of warehouses near a block of houses either in the poblacion or barrios without maintaining the
necessary distance of 200 meters from said block of houses to avoid loss of lives and properties by accidental fire. On
the other hand, petitioner contends that Ordinance No. 13 is unconstitutional.
Issues:
1. Whether or not petitioners warehouse is a nuisance within the meaning Article 694 of the Civil Code
2. Whether or not Ordinance No. 13, series of 1952 of the Municipality of Virac is unconstitutional and void.
Held:
The storage of abaca and copra in petitioners warehouse is a nuisance under the provisions of Article 694 of
the Civil Code. At the same time, Ordinance No. 13 was passed by the Municipal Council of Virac in the exercise of its
police power. It is valid because it meets the criteria for a valid municipal ordinance: 1) must not contravene the
Constitution or any statute, 2) must not be unfair or oppressive, 3) must not be partial or discriminatory, 4) must not
prohibit but may regulate trade, 5) must be general and consistent with public policy, and 6) must not be unreasonable.
The purpose of the said ordinance is to avoid the loss of property and life in case of fire which is one of the primordial
obligation of government. The lower court did not err in its decision.
RA 8749: Clean Air Act
MMDA v Concerned Residents of Manila Bay
(G.R. Nos. 171947-48 December 18, 2008)
METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
DEPARTMENT OF EDUCATION, CULTURE AND SPORTS, DEPARTMENT OF HEALTH, DEPARTMENT OF AGRICULTURE,
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF BUDGET AND MANAGEMENT, PHILIPPINE COAST
GUARD, PHILIPPINE NATIONAL POLICE MARITIME GROUP, and DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT, petitioners,
vs.
CONCERNED RESIDENTS OF MANILA BAY, represented and joined by DIVINA V. ILAS, SABINIANO ALBARRACIN, MANUEL
SANTOS, JR., DINAH DELA PEA, PAUL DENNIS QUINTERO, MA. VICTORIA LLENOS, DONNA CALOZA, FATIMA QUITAIN,
VENICE SEGARRA, FRITZIE TANGKIA, SARAH JOELLE LINTAG, HANNIBAL AUGUSTUS BOBIS, FELIMON SANTIAGUEL, and
JAIME AGUSTIN R. OPOSA, respondents.
FACTS
The need to address environmental pollution, as a cause of climate change, has of late gained the attention of
the international community. Media have finally trained their sights on the ill effects of pollution, the destruction of
forests and other critical habitats, oil spills, and the unabated improper disposal of garbage. And rightly so, for the
magnitude of environmental destruction is now on a scale few ever foresaw and the wound no longer simply heals by
itself. But amidst hard evidence and clear signs of a climate crisis that need bold action, the voice of cynicism, naysayers,
and procrastinators can still be heard.
This case turns on government agencies and their officers who, by the nature of their respective offices or by
direct statutory command, are tasked to protect and preserve, at the first instance, our internal waters, rivers, shores,
and seas polluted by human activities. To most of these agencies and their official complement, the pollution menace
53

does not seem to carry the high national priority it deserves, if their track records are to be the norm. Their cavalier
attitude towards solving, if not mitigating, the environmental pollution problem, is a sad commentary on bureaucratic
efficiency and commitment.
At the core of the case is the Manila Bay, a place with a proud historic past, once brimming with marine life and,
for so many decades in the past, a spot for different contact recreation activities, but now a dirty and slowly dying
expanse mainly because of the abject official indifference of people and institutions that could have otherwise made a
difference.
FACTS:
On January 29, 1999, respondents Concerned Residents of Manila Bay filed a complaint before the Regional
Trial Court (RTC) in Imus, Cavite against several government agencies, for the cleanup, rehabilitation, and protection of
the Manila Bay.
The complaint alleged that the water quality of the Manila Bay had fallen way below the allowable standards
set by law, specifically Presidential Decree No. (PD) 1152 or the Philippine Environment Code.
In their individual causes of action, respondents alleged that the continued neglect of petitioners in abating the
pollution of the Manila Bay constitutes a violation of, among others:
(1) Respondents constitutional right to life, health, and a balanced ecology;
(2) The Environment Code (PD 1152);
(3) The Pollution Control Law (PD 984);
(4) The Water Code (PD 1067);
(5) The Sanitation Code (PD 856);
(6) The Illegal Disposal of Wastes Decree (PD 825);
(7) The Marine Pollution Law (PD 979);
(8) Executive Order No. 192;
(9) The Toxic and Hazardous Wastes Law (Republic Act No. 6969);
(10) Civil Code provisions on nuisance and human relations;
(11) The Trust Doctrine and the Principle of Guardianship; and
(12) International Law
Inter alia, respondents, as plaintiffs a quo, prayed that petitioners be ordered to clean the Manila Bay and
submit to the RTC a concerted concrete plan of action for the purpose.
ISSUES:
a. Whether or not pertinent provisions of the Environment Code (PD 1152) relate only to the cleaning of specific
pollution incidents and do not cover cleaning in general.
b. Whether or not the cleaning of the Manila Bay is not a ministerial act which can be compelled by mandamus.
54

HELD
Regional Trial Courts Order to Clean Up and Rehabilitate Manila Bay
On September 13, 2002, the RTC rendered a Decision in favor of respondents. Finding merit in the complaint,
the Court ordered defendant-government agencies, jointly and solidarily, to clean up and rehabilitate Manila Bay and
restore its waters to SB classification to make it fit for swimming, skin-diving and other forms of contact recreation.
To attain this, defendant-agencies, with defendant DENR as the lead agency, are directed, within six (6) months
from receipt hereof, to act and perform their respective duties by devising a consolidated, coordinated and concerted
scheme of action for the rehabilitation and restoration of the bay.
In particular:
Defendant MWSS is directed to install, operate and maintain adequate [sewerage] treatment facilities in
strategic places under its jurisdiction and increase their capacities.
Defendant LWUA, to see to it that the water districts under its wings, provide, construct and operate sewage
facilities for the proper disposal of waste.
Defendant DENR, which is the lead agency in cleaning up Manila Bay, to install, operate and maintain waste
facilities to rid the bay of toxic and hazardous substances.
Defendant PPA, to prevent and also to treat the discharge not only of ship-generated wastes but also of other
solid and liquid wastes from docking vessels that contribute to the pollution of the bay.
Defendant MMDA, to establish, operate and maintain an adequate and appropriate sanitary landfill and/or
adequate solid waste and liquid disposal as well as other alternative garbage disposal system such as re-use or recycling
of wastes.
Defendant DA, through the Bureau of Fisheries and Aquatic Resources, to revitalize the marine life in Manila
Bay and restock its waters with indigenous fish and other aquatic animals.
Defendant DBM, to provide and set aside an adequate budget solely for the purpose of cleaning up and
rehabilitation of Manila Bay.
Defendant DPWH, to remove and demolish structures and other nuisances that obstruct the free flow of waters
to the bay. These nuisances discharge solid and liquid wastes which eventually end up in Manila Bay. As the construction
and engineering arm of the government, DPWH is ordered to actively participate in removing debris, such as carcass of
sunken vessels, and other non-biodegradable garbage in the bay.
Defendant DOH, to closely supervise and monitor the operations of septic and sludge companies and require
them to have proper facilities for the treatment and disposal of fecal sludge and sewage coming from septic tanks.
Defendant DECS, to inculcate in the minds and hearts of the people through education the importance of
preserving and protecting the environment.
Defendant Philippine Coast Guard and the PNP Maritime Group, to protect at all costs the Manila Bay from all
forms of illegal fishing.
The Court of Appeals Sustained the RTCs Decision
55

The MWSS, Local Water Utilities Administration (LWUA), and PPA filed before the Court of Appeals (CA)
individual Notices of Appeal. On the other hand, the DENR, Department of Public Works and Highways (DPWH),
Metropolitan Manila Development Authority (MMDA), Philippine Coast Guard (PCG), Philippine National Police (PNP)
Maritime Group, and five other executive departments and agencies filed directly with this Court a petition for review
under Rule 45.
In the light of the ongoing environmental degradation, the Court wishes to emphasize the extreme necessity
for all concerned executive departments and agencies to immediately act and discharge their respective official duties
and obligations. Indeed, time is of the essence; hence, there is a need to set timetables for the performance and
completion of the tasks, some of them as defined for them by law and the nature of their respective offices and
mandates.
The importance of the Manila Bay as a sea resource, playground, and as a historical landmark cannot be overemphasized. It is not yet too late in the day to restore the Manila Bay to its former splendor and bring back the plants
and sea life that once thrived in its blue waters. But the tasks ahead, daunting as they may be, could only be
accomplished if those mandated, with the help and cooperation of all civic-minded individuals, would put their minds
to these tasks and take responsibility. This means that the State, through petitioners, has to take the lead in the
preservation and protection of the Manila Bay.
So it was that in Oposa v. Factoran, Jr. the Court stated that the right to a balanced and healthful ecology need
not even be written in the Constitution for it is assumed, like other civil and political rights guaranteed in the Bill of
Rights, to exist from the inception of mankind and it is an issue of transcendental importance with intergenerational
implications. Even assuming the absence of a categorical legal provision specifically prodding petitioners to clean up
the bay, they and the men and women representing them cannot escape their obligation to future generations of
Filipinos to keep the waters of the Manila Bay clean and clear as humanly as possible. Anything less would be a betrayal
of the trust reposed in them.
By a Decision of September 28, 2005, the CA denied petitioners appeal and affirmed the Decision of the RTC in
toto, stressing that the trial courts decision did not require petitioners to do tasks outside of their usual basic functions
under existing laws.

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1

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Director of the Philippine Nuclear Research Institute

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WON the administrative orders are unconstitutional? NO.

HELD: This argument is untenable.

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