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LAW ON NATURAL RESOURCES question of fact is conclusive and not subject to be

Part I Public Land Act (Commonwealth Act. No. 141) reviewed by the courts.

Governing Law Under EO No. 192, the newly created Lands


Management Bureau (LMB) as headed by a Director,
CA No. 141, otherwise known as “The Public Land shall advise the DENR Secretary on matters pertaining
Act”, was enacted on November 07, 1936. to rational land classification management and
disposition
Its provisions apply to lands of the public domain; but
timber and mineral lands are governed by special laws. Doctrine of Primary Jurisdiction

Policy Considerations Courts cannot and will not resolve a controversy


involving a question which is within the jurisdiction of
The Department of Environment and Natural Resources an administrative tribunal, especially where the question
(DENR) shall be in charge in carrying out the State’s demand the exercise of sound administrative discretion
constitutional mandate to control and supervise the requiring the special knowledge, experience and
exploration, development, utilization, and conservation of services of the administrative tribunal to determine
the country’s natural resources. technical and intricate matters of fact.

Regalian Doctrine Exhaustion of Administrative Remedies

Under Section 2, Article XII of the Constitution embodies As a general rule, recourse through court action cannot
the Regalian Doctrine – all lands of the public domain prosper until all remedies have been exhausted at the
belong to the State – the source of any asserted right to administrative level.
ownership of land.
Classification of Lands
With the exception of agricultural lands, all other natural
resources shall not be alienated. Government lands are classified into two:

The Regalian Doctrine reserves to the State all natural 1. Lands of the public domain – either alienable or
wealth that may be found in the bowels of the earth even inalienable.
if the land where the discovery is made be private.
2. Lands of private domain – lands belonging to and
Imperium and Dominium owned by the State as a private individual, without being
devoted for public use.
Imperium – the government’s concept of sovereignty
over public land; Under the Civil Code, government lands can either
be:
Dominium – the government’s capacity to own or
acquire property. 1. Properties of the public dominion – those intended for
public use.
The Indigenous Peoples Rights Act (IPRA) of 1997
2. Patrimonial properties of the State – not or no longer
Under RA No. 8371 (IPRA), indigenous peoples may intended for public use.
obtain the recognition of their right of ownership over
ancestral lands and ancestral domains by virtue of native Under the 1987 Constitution, lands of public domain are
title. classified into four (4) categories:

Organizational Structure 1. Agricultural


The Public Land Act provides that the Secretary of the 2. Forest or timber
DENR is the executive officer charged with carrying out 3.Mineral
the provisions of the Public Land Act, through the 4. National parks
Director of Lands.
The decision of the Director of Lands may be annulled or Of the four, it is only the agricultural lands may be
reviewed when issue involves the question of law or disposed in accordance with law.
based upon a misconstruction of the law. However, a
Classification of Lands Under the Public Land Act be disposed of only as follows:

1. Alienable or disposable lands 1. For homestead settlement


2. Timber lands 2. By sale
3. Mineral lands 3.By lease, and
4. By confirmation of imperfect or incomplete titles:
The President may at any time and in a like manner a. by judicial legalization – may apply to the Regional
transfer such lands from one class to another, for the Trial Court where the land is located for the confirmation
purposes of their administration and disposition. of their claims and the issuance of a certificate therefore,
under the Property Registrration Decree.
Classification of Public Lands Open to Disposition b. by administrative legalization (free patent) – any
natural-born citizen of the Philippines who is not the
1.Agricultural owner of more than 12 hectares, and who, for at least 30
2.Residential, commercial, industrial, or for similar years prior to the effectivity of the amendatory act, has
productive purposes continuously occupied and cultivated a tract or tracts of
3.educational, charitable, or other similar purposes land for disposition, who shall have paid the real estate
4. Reservations for town sites for public and quasi-public tax land subject to disposition.
uses.
For homestead settlement
Classification of Lands an Executive Prerogative · Any citizen of the Philippines
· Over the age of 18 or head of the family
Before the government could alienate or dispose of · A homestead of the not exceeding 12 hectares
lands of the public domain, the President (thru the · Applicant must have cultivated and improved at least
DENR) must first officially classify these lands as one fifth of the land continuously
alienable or disposable. · Resided at least one year in the municipality

“Government Land” and “Public Land” Homestead patent granted has the force and effect
Distinguished of a Torrens title.

The two are not synonymous terms; the first includes not Sale of public agricultural lands
only the second, but also other lands of the government · Any citizen of the Philippines
already reserved or devoted to public use or subject to · Of lawful age or head of the family
private right. · Applicant may purchase not to exceed 12 hectares
which shall be sold thru sealed bidding
Modes of Disposition
The purchase price may be paid in full or in not more
No Public Land can be Acquired Except by a Grant from then 10 annual equal installments from the date of
the State the award.

It is indispensable that there be a showing of Title from Lease


the State that may come in the form of a homestead, · Any citizen of the Philippines
sales or free patent or grant. · Of lawful age; and
· Any corporation of which at least 60% of the capital
Only Alienable and Disposable (A&D) may be the stock belong wholly to the citizens of the Philippines
Subject of Disposition
Non-registrable Properties
Occupation thereof in the concept of owner, no matter
how long, cannot ripen into ownership and be registered 1. Property of public dominion
as a title. · Intended for public use
· Intended for some public service
The applicant’s remedy lies in the release of the property
from its present classification. 2. Forest lands

Specific Modes of Disposition 3.Watersheds

Public lands suitable for agricultural purposes can 4. Mangrove swamps


5. Mineral lands by requiring that the titles to such lands “be settled and
adjudicated.”
6. National parks
Friar Lands
7.Military or naval reservation
The so-called friar lands were purchased by the
8.Foreshore and reclaimed lands government for sale to actual occupants. These lands
are not public lands but private or patrimonial property of
9.Submerged areas the government and their acquisition is not governed by
the provisions of CA 141 (Public Land Act).
10.Lakes
Action for Reversion
11.Navigable rivers
Director of Lands has Continuing Authority to Investigate
12.Creeks Fraudulent Issuance of Patents

13. Reservations for public and semi-public purposes Government Initiates an Action for Cancellation of Title
and Reversion
Classification and Disposition of Lands for
Residential, Commercial or Industrial Purposes Lands of the public domain fraudulently awarded to the
applicant may be recovered or reverted back to its
1. Lands reclaimed by the government by dredging, original owner, the government. An action for reversion
filling, or other means has to be instituted by the Solicitor General.

2. Foreshore; Action for Nullity of Land Titles Distinguished from


Reversion
3. Marshy lands or lands covered with water bordering Nullity of land is based on the fact that the land is
upon the shores or banks of navigable lakes or rivers; beyond the jurisdiction of Director of Lands to bestow
Reversion of land is based on fraudulent claim
4. Lands not included in any of the foregoing classes.
Prohibited Alienations
The lands comprised in classes 1,2, and 3 shall be No alienation, transfer, or conveyance of any homestead
disposed of to private parties by lease only. after 5 years and before 25 years after issuance of title
shall be valid without the approval of the Secretary of
Conditions of the Lease DENR.

The lessee shall construct permanent improvements Procedure, Legal Restrictions and Encumbrances
appropriate for the purpose, shall commence the
construction within 6 months from the date of the award. 1.The full name of applicant, his age, place of birth,
At the expiration of the lease, all improvements made by citizenship, civil status, and post-office address.
the lessee shall become the property of the Government.
2. That the applicant has all the qualifications.
Lands for Residential, Commercial or Industrial
Purposes Shall be Disposed of through Oral Bidding 3. That he has none of the disqualifications.
(Except direct sale)
4. That the application is made in good faith.
Sale of Lands Within Military Reservations
5. That the application is made for the exclusive benefit
Priority shall be given to bona fide occupants and then to of the applicant
war veterans.
6. Accurate description of the land.
Cadastral Registration Proceedings
7. Whether all or part of the land is occupied or
The cadastral system of registration constitutes another cultivated or improved.
means of bringing lands under the operation of the
Torrens system. The purpose is to serve public interests
8. That the land applied for is neither timber or mineral. domain which have been classified as such by the
Secretary of Natural Resources in accordance with
In case of death of applicant or grantee before the prescribed and approved criteria, guidelines and
issuance of the patent or final grant of the land, he shall procedure.
be succeeded by his heirs in law.
(g) Forest reservations – refer to forest lands which have
All other natural resources shall remain with the State. been reserved by the President of the Philippines for any
specific purpose or purposes.
Land is subject of public servitudes, right of way not
exceeding 20 meters in width. (h) National park – refers to a forest land reservation
which has been withdrawn from settlement or occupancy
Private corporations disqualified from acquiring and set aside as such exclusively to preserve the
lands of the public domain except by lease for a scenery, the natural and historic objects and the wild
period not exceeding 25 years, renewable for not plants and animals therein, and to provide enjoyment of
more than 20 years and not to exceed one thousand these features in such a manner as will leave them
hectares in area. unimpaired for future generations.

(i) Game refuge or bird sanctuary – refers to a forest


Part II Revised Forestry Code (Presidential Decree land designated for the protection of game animals, birds
No. 705) and fish and closed to hunting and fishing in order that
Governing Law the excess population may flow and restock surrounding
areas.
PD 705, otherwise known as the “Revised Forestry Code
of the Philippines,” is the law governing the management (j) Marine parks – refer to any off-shore area inhabited
and utilization of forest lands. by rare and unique species of marine flora and fauna.

The law places emphasis not only on the utilization of (k) Seashore park – refers to any public shore area
forest resources but more so on the protection, delimited for outdoor recreation, sports fishing,
rehabilitation and development of forest lands, in order waterskiing and related healthful activities.
to ensure the continuity of their productive condition.
(l) Watershed reservation – is a forest land reservation
established to protect or improve the conditions of the
Definition of Terms water yield thereof or reduce sedimentation.

(a) Public forest – is the mass of lands of the public (m) Watershed – is a land area drained by a stream or
domain which has not been the subject of present fixed body of water and its tributaries having a common
system of classification. outlet for surface run-off.

(b) Permanent forest or forest reserves – refer to those (n) Critical watershed – is a drainage area of a river
lands of the public domain which have been the subject system supporting existing and proposed hydro-electric
of the present system of classification and determined to power and irrigation works needing immediate
be needed for forest purposes. rehabilitation as it is being subjected to a fast denudation
causing accelerated erosion and destructive floods. It is
(c) Alienable and disposable lands – refer to those lands closed from logging until it is fully rehabilitated.
of the public domain which have been the subject of the
present system of classification and declared as not (o) Mangrove – is a term applied to the type of forest
needed for forest purposes. occurring on tidal flat along the seacost.

(d) Forest lands – include the public forest, permanent or (p) Kaingin – is a portion of the forest land which is
forest reserves, and forest reservations. subjected to shifting and/or permanent slash-and-burn
cultivation having little or no provision to prevent soil
(e) Grazing land – refers to that portion of the public erosion.
domain which had been set aside for the raising of
livestock. (q) Forest product – means timber, pulpwood, firewood,
bark, tree top, resin, gum, wood, oil, beeswax, honey,
(f) Mineral lands – refer to those lands of the public rattan, or other forest growth, the associated water, fish,
game, scenic, historical, recreational and geologic Organizational Structure
resources in forest lands.
The Department of Environment and Natural
(r) Industrial tree plantation – is any tract of forest land Resources; Mandate
purposely and extensively planted to timber crops
primarily to supply the raw material requirements of It is DENR shall be primarily responsible for the
existing or proposed processing plants and related implementation of the policy of the State to ensure, for
industries. the benefit of the Filipino people, the full exploration and
development as well as the judicious disposition,
(s) Tree farm – refers to any tract of forest land utilization, management, renewal and conservation of
purposely and extensively planted to trees of economic the country’s forest…
value for their fruits, flowers, leaves, barks, or
extractives, but not for the wood thereof. Policy determination by the executive branch on the
proper management of forest resources cannot as a rule
(t) Selective logging – means the systematic removal of be inferred with by the courts. It is addressed to the
the mature, over-mature and defective trees in such a sound duiscretion of government agencies entrusted
manner as to leave adequate number and volume of with the regulation of activities coming under the special
healthy residual trees of the desired species for the technical knowledge and training of such agencies.
protection and conservation of soil and water.
Forest Management Bureau is implementing the
(u) Lease – privilege granted by the State to a person to provisions of the Code. It shall have jurisdiction and
occupy and possess, in consideration of specified rental, authority over all forest land, grazing lands, and all forest
any forest land of the public domain in order to reservations including watershed reservations.
undertake any authorized activity therein.
The Bureau is directly under the control and
(v) License – is a privilege granted by the State to a supervision of the DENR Secretary.
person to utilize forest resources, without any right of The Bureau shall regulate the establishment and
occupation and possession over the same. operation of sawmills, veneer and plywood mills and
other wood processing plants.
(w) License agreement – is a privilege granted by the
State to a person to utilize forest resources, without any All actions and decisions of the Bureau Director are
right of occupation and possession over the same, but subject to review, motuproprio or upon appeal of any
with the obligation to develop, protect, and rehabilitate person aggrieved thereby, by the DENR Secretary
the same in accordance with the terms and conditions whose decisions shall be final and executory after the
set forth in said agreement. lapse of thirty (30) days from receipt of the aggrieved
party of said decision., unless appealed to the President
(x) Permit – is a short-term privilege or authority granted in accordance with EO No. 19, s. 1966.
by the State to a person to utilize any limited forest
resources without any right of occupation and Exhaustion of administrative remedies – it calls for
possession therein. resort first to the administrative authorities in the
resolution of a controversy falling under their jurisdiction
(y) Ecosystem – means the ecological community before the same may be elevated to the courts of justice
considered together with non-living factors and its for review.
environment as a unit. It is an established doctrine that the decisions and
orders of administrative agencies have, upon their
(z) Silviculture – is the establishment, development finality, the force and binding effect of final judgment
reproduction and care of forest trees. within the purview of res judicata.

Res judicata – the rule forbids the reopening of a matter


(aa) Private right – refers to titled rights of ownership once determined by competent authority acting within
under existing laws, which possession may include their exclusive jurisdiction.
places of abode and worship, burial grounds, and old
clearings, but excludes production forest inclusive of Laches – the failure or neglect for an unreasonable and
logged-over areas, commercial forests and established unexplained length of time to do that which by exercising
plantations of forest trees and trees of economic value. due diligence, could or should have been done earlier, or
to assert a right within a reasonable time, warranting a
presumption that the party entitled thereto has either disposable, nor any forest land fifty percent (50%) in
abandoned it or declined to assert it. slope or over as grazing land.

Jurisdiction Lands eighteen percent (18%) in slope or over which


have already been declared as alienable and disposable
The Bureau has jurisdiction and authority over all forest shall be reverted to the classification of forest lands by
lands, grazing lands, and all forest reservations, the DENR Secretary, to form part of the forest reserves,
including watershed reservations presently administered unless they are already covered by existing titles or
by other government agencies or instrumentalities. approved public land applications or actually occupied
Forest lands are within the exclusive jurisdiction of the openly, continuously, adversely and publicly for a period
Bureau and beyond the power and jurisdiction of the of not less than thirty (30) years of the effectivity of the
courts to register under the Torrens system. Code, where occupant is qualified for a free patent under
the Public Land Act (CA No. 141, as amended).
Legality of the closure of a logging road is a judicial Areas Needed for Forest Purposes
question. It is beyond the power and authority of the
Bureau to determine the unlawful closure of a passage The following lands, even if they are below 18 percent in
way. Not every activity inside a forest area is subject to slope, are needed for forest purposes:
the jurisdiction of the Bureau.
(a) areas less than 250 hectares which are far from, or
Classification of Surveys not contiguous with, any certified alienable and
disposable land;
Classification
(b) isolated patches of forest of at least five (5) hectares
The DENR Secretary shall study, devise, determine and with rocky terrain, or which protect a spring for
prescribe the criteria, guidelines and methods for the communal use;
proper and accurate classification and survey of all lands
of the public domain into agricultural, industrial or (c) areas which have already been reforested;
commercial, residential, resettlement, mineral, timber or
forest, and grazing lands, and into such other classes as (d) areas within forest concessions;
now or may hereafter be provided by law, rules and
regulations. (e) ridge tops and plateaus found within, or surrounded
wholly or partly by, forest lands where headwaters
Concept of Forests and Forest Lands emanate;

There is a big difference between “forest” as defined (f) appropriately located road-rights-or-way;
in a dictionary and “forest or timberland” as a
classification of lands of the public domain in the (g) twenty meter strips of land along the edge of the
Constitution. One is descriptive of what appears on the normal high waterline of rivers and streams with
land while the other is a legal status, a classification for channels of at least five (5) meters wide;
legal purposes. Forests, in the context of both the Public
Land Act and the Constitution classifying lands of the (h) strips of mangrove or swamplands at least twenty
public domain do not necessarily refer to a large tract of (20) meters wide, along shorelines facing oceans, lakes
wooded land or an expanse covered by dense growth of and other bodies of water; and strips of land at least
trees and underbrush. twenty (2) meters wide facing lakes;

Public forests or forests reserves are not capable of (i) areas needed for other purposes, such as national
private appropriation. parks, etc.;
Unclassified land cannot be acquired by adverse
occupation or possession; occupation thereof in the (j) areas previously proclaimed by the President as
concept of owner, however long, cannot ripen ownership forest reserves, national parks, etc.
and be registered as title. The maximum period of any privilege to harvest timber is
25 years, renewable for a period, not exceeding
Topography 25years.
Timber utilization shall be limited to that which a person
No land of the public domain eighteen percent (18%) in may effectively utilize and develop for a period of 50
slope or over shall be classified as alienable and years.
Mangrove swamps are in the category of forest lands Control of Concession Area
and the Bureau of Fisheries and Aquatic Resources has
no jurisdiction to administer or dispose them. Regulation of Timber Utilization in All Other Classes of
Lands and of Wood-processing Plants
Forest lands are not registrable until they are released
as disposable and alienable. Swamplands and Mangrove Forests

Any title issued on non-disposable lots even in the hands Visitorial Power
of an alleged innocent purchaser for value, shall be
cancelled. The DENR Secretary, by himself or through the Director
or any qualified representative, may investigate, inspect
All roads and infrastructure constructed by holders of and examine records and other documents relating to
license agreements, licenses, leases and permits belong the operation of a license agreement, license, lease or
to the State. permit, and its subsidiary or affiliated companies, to
determine compliance with the terms and conditions
Regalian Doctrine thereof.
Authority of Forest Officers
Under Section 2, Article XII of the Constitution embodies
the Regalian Doctrine – all lands of the public domain When in performance of their official duties, forest
belong to the State – the source of any asserted right to officers shall have free entry into areas covered by
ownership of land. All lands not appearing to be clearly license agreement.
of private dominion presumptively belong to the State. Mining Operations

Reservation of land, covered by a timber concession, for Location, prospecting, exploration, utilization or
experiment station vests in the grantee full ownership exploitation of mineral resources in forest reservations
thereof. shall be governed by mining laws.

Utilization and Management Mineral Reservations

Preservation and protection of forests is in adherence to Mineral reservations which are not the subject of mining
public policy. operations or where operations have been suspended
for more than five (5) years shall be placed under forest
Principle of inter-generational responsibility. “…the management by the Bureau.
right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.” (Sec. Special Uses
16, Article II of the Constitution. Every generation has a
responsibility to the next to preserve that rhythm and 1. Pasture in Forest Lands
harmony for the full enjoyment of a balanced and
healthful ecology. No forest land 50% in slope or over may be utilized for
pasture purposes.
A timber license is not a contract but a mere privilege
which does not create irrevocable rights. 2. Wildlife

Industrial tree plantations and tree farms The Director may regulate the killing and destruction of
wildlife in forest lands in order to maintain an ecological
A lease for a period of twenty-five (25) years, renewable balance of flora and fauna.
for another period not exceeding twenty-five (25) years,
for the establishment of an industrial tree plantation or a 3. Recreation
tree farm may be granted by the DENR, upon
recommendation of the Director with minimum area of 4. Other Special Uses of Forest Lands Qualifications
1,000 hectares for industrial tree plantation and 100
hectares for tree farm. Diffusion of Benefits
No lease shall be granted within critical watersheds.
The privilege to utilize, exploit, occupy, or possess forest
Forest Protection lands, or to conduct any activity therein shall be diffused
to as many qualified and deserving applicants as
possible.
Authority also contains the disposal of the confiscated
Criminal Offenses and Penalties forest products.

1. Cutting, Gathering and/or Collecting Timber or Other Offenses Punished Under Sec. 68, PD No. 705, as
Products Without License Amended

Punishment with penalties is imposed under Arts. 1) cutting, gathering, collecting and removing timber or
309 and 310. other forest products from any forest land, or timber from
alienable or disposable public and, or from private land
If officers in a corporation is alien, in addition to penalty, without any authority; and,
he may be deported without further proceedings on the 2) possession of timber or other forest products without
part of the Commission on Immigration and deportation. the legal documents required under existing forest laws
and regulations.
A timber license is not a contract in the purview of the
due process clause; it is only a license or privilege, Difference Timber and Lumber:
which can be validly withdrawn whenever dictated by
public interest or public welfare. The granting of license Timber is a raw log or forest product; Lumber is the
does not create irrevocable rights, neither is it property processed log or timber.
or property rights.
DENR Has Jurisdiction Over the Confiscation of
2. Unlawful Occupation or Destruction of Forest Lands Forest Products and Conveyances Used in the
3. Pasturing Livestock Commission of the Offense
4.Illegal Occupation of National Parks System and
Creation Areas and Vandalism Therein Under Sec. 68 of PD No. 705, as amended, the regional
5.Destruction of Wildlife Resources trial court has jurisdiction to order the confiscation of the
6.Survey by Unauthorized Person timber or forest products as well as the machinery,
7.Misclassification and Survey by Government Official or equipment, implements and tools illegally used in the
Employee area where the timber of forest products are found.
8.Issuance of Tax Declaration on Real Property without
Certification from the Director of Forest Development However, the DENR Secretary or his duly authorized
and the Director of Lands representative under Sec. 68-A of PD No. 705, as
9.Coercion and Influence to Commit of the Acts amended by EO No. 277, has jurisdiction to order the
10.Unlawful Possession of Implements and Devices confiscation and disposition of all
Used by Forest Officers Conveyances –by land, water, or air – used in illegally
11.Failure to Pay the Amount Due and Demandable cutting, gathering, removing, possessing or abandoning
Under This Code forest products.
12. Sale of Wood products Without Grading Rules
A person guilty of unlawful occupation or destruction of
Timber forest lands shall be fined an amount of not less than
five hundred pesos (P500.00) nor more than twenty
Duration of license agreement or license to harvest thousand pesos (P20,000) and imprisoned for not less
timber in forest lands has a maximum period twenty-five than 6 months nor more than 2 years for each such
years, renewable for a period, not exceeding twenty-five offense, and be liable to the payment of 10 times the
years. rental fees and other charges which would have been
accrued had the occupation and use of the land been
Size of forest concessions shall be limited to that which authorized under a license agreement, lease, license or
a person may effectively utilize and develop for a period permit.
of fifty (5) years.
In the case of an offender found guilty of making kaingin,
Reforestation the penalty shall be imprisoned for not less than 2 nor
more than 4 years and a fine equal to 8 times the regular
Forest Lands to be Reforested forest charges due on forest products destroyed, without
Sec. 68-A. Administrative Authority of the Department prejudice to the payment of the full cost of restoration of
Head or His Duly Authorized Representative to Order the occupied area as determined by the Bureau.
Confiscation.
In pasturing livestock without authority in forest lands, Act No. 624 passed by the United States Philippine
the guilty person shall be imprisoned for not less than 6 Commission and approved on Feb. 07, 1903.
months nor more than 2 years for each such offense,
and a fine equal to 10 times the regular rentals due, in The 1935 Constitution
addition to the confiscation of such livestock and all
improvement introduced in the area. CA No. 137, the Mining Act

Any person who is guilty of illegal occupation of national EO No. 141 of then Pres. Marcos
parks system and recreation areas and vandalism
therein shall be fined not less than P200 or more than The 1973 Constitution
P500 exclusive of the value of the thing damaged. If the
area requires rehabilitation or restoration, the offender PD 463, revising CA 137 stipulating the conditional
shall also be required to restore or compensate for the application of Regalian Doctrine
restoration of the damage.
The 1987 Constitution
Survey by unauthorized person is punishable by
imprisonment for not less than 2 nor more than 4 years, The Philippine Mining Act of 1995.
in addition to confiscation of the implements used.
Declaration of Policy
Misclassification and survey by government official or
employee shall be dismissed from the service with All mineral resources in public and private lands within
prejudice to re-employment, and upon conviction by a the territory and exclusive economic zone of the
court of competent jurisdiction, suffer an imprisonment of Republic of the Philippines are owned by the State.
not less than 1 year and a fine of not less than P1000. (Regalian Doctrine)
The survey, classification or release of forest lands shall
be null and void. Ownership of Mineral Resources

A forest Officer or employee of the Bureau shall arrest Ownership of mineral deposits by the State is also
even without warrant of arrest any person who has dominant principle expressed in PD No. 463, otherwise
committed or is committing in his presence any of the known as the “Mineral Resources Decree of 1974).
offenses defined in the Code. He shall also seize and Minerals excluded from other rights to land
confiscate, in favor of the government, the tools and Mineral deposits open to location and lease
equipment used in committing the offense, and the forest
products. “Full control and supervision by the State” in the
exploration, development and utilization of the country’s
The arresting officer or employee shall thereafter deliver natural resources – is the adoption of the concept of
within 6 hours from the time of arrest and seizure, the jura regalia.
offender and the confiscated forest products, tools and
equipment to, and file the proper complaint with, the The old system of exploration, development and
appropriate official designated by law to conduct utilization of natural resources through licenses,
preliminary investigations and file information in court. concessions or leases has been omitted under the 1987
Constitution.
Part IIIPhilippine Mining Act of 1995(Republic Act.
No. 7942) Nonetheless, RA 7942 respects previously issued valid
and existing licenses.
Governing Law
RA No. 7942 reiterates ownership of natural
RA 7942 was enacted of March 03, 1995, instituting a resources by the State
new system of mineral resources exploration,
development, utilization and conservation in the country. Activities which may be undertaken by the State in
connection with its “full control and supervision
Evolution of Pertinent Mining Laws
enter into co-production, joint venture or production
Royal Decree of May 18667 – Spanish Mining Law sharing agreements with Filipino citizens or qualified
corporations;
Act of Congress of July 1, 1902 may allow small-scale utilization of natural resources by
Filipino citizens; a. to ensure that relevant laws on public notice;

The President may enter into agreements with foreign- b. in coordination with the Bureau/Regional Office(s) to
owned corporations involving technical or financial approve applications for small-scale mining, sand and
assistance for the large-scale exploration, development gravel quarry... not exceeding five (5) hectares;
and utilization of minerals, petroleum and other mineral
oils. c. to receive their share;

A 10% share of all royalties and revenues to be derived d. to facilitate the process by which the community shall
by the government from the development and utilization reach an informed decision on the social acceptability;
of the mineral resources.
e. to participate in the monitoring of any mining activity;
Rights of a Locator to a Perfected Claim
f. to participate as member of the Mine Rehabilitation
Mere recording of a mining claim, without performing Fund Committee;
annual work obligation, does not convert land into
mineral land. g. to be the recipient of social infrastructure;

Abandonment – the act which constitutes actual, h. to act as mediator between the indigenous cultural
absolute and irrevocable desertion of one's right or communities and the contractors;
property.
i. to coordinate with the Department and Bureau in the
Classification of minerals (5) implementation of the Act;

First group – metals or metalliferous ores j. to perform such powers and functions as may be
provided.
Second group – precious stones
Authority of the Bureau
Third group – fuels
The Mines and Geosciences Bureau, headed by a
Fourth group – salines and mineral waters Director and assisted by Assistant Director shall advise
the secretary on matters pertaining to geology and
Fifth group – building stone in place, clays, fertilizers mineral resources exploration, development, utilization
and other non-metals and conservation.

Mineral land – means any area where mineral The Bureau is conferred with quasi-judicial powers
resources are found.
There is an application of Doctrine of Primary
Mineral resource – any concentration of minerals/rocks Jurisdiction.
with potential economic value.
Doctrine of Primary Jurisdiction - Courts cannot and
Organizational Structure will not resolve a controversy involving a question
which is within the jurisdiction of an administrative
Pursuant to Section 8 of PD No. 7942, the Department tribunal, especially where the question demand the
of Environment and Natural resources (DENR) shall be exercise of sound administrative discretion requiring the
the primary agency responsible for the conservation, special knowledge, experience and services of the
management, development, and proper use of the administrative tribunal to determine technical and
State's mineral resources. intricate matters of fact.

The Secretary shall have the authority to enter into Non-interference by the courts on purely
mineral agreements on behalf of the government upon administrative matters.
the recommendation of the Director, and promulgate Scope of Application
such rules and regulations as may be necessary to
implement the intent and provisions of the Act. No ancestral land shall be opened for mining operations
without the prior consent of the indigenous cultural
Role of local governments community concerned. In the event of agreement, the
royalty payment shall be agreed upon by the parties.
The said royalty shall form part of a trust fund for the An exploration permit holder may, within the term of the
socioeconomic well-being of the indigenous cultural permit, file with the Bureau declaration of mining project
community. feasibility accompanied by a work program for
development for the Bureau's approval.
Areas Open to Mining Operations
Term of Exploration
All mineral resources in public or private lands, including
timber or forestlands as defined in existing laws, shall be The term of an exploration permit shall be for the period
open to mineral agreements. Any conflict that may arise of two (2) years from date of issuance thereof,
shall be heard and resolved by the panel of arbitrators. renewable for like periods but not to exceed a total term
Areas Closed to Mining Operations of foour (4) years for non-metallic mineral exploration or
six (6) years for metallic mineral exploration.
a. in military and other government reservations;
Exploration permit may be transferred but subject to the
b. near or under public or private buildings, cemeteries, approval of the Secretary of the DENR.
archeological and historic sites, bridges xxx and other Registration of Exploration Permit
infrastructure projectsxxx;
Upon approval and issuance of exploration permit, the
c. in areas covered by valid and existing mining rights; permitee shall cause the registration of the same with
the Bureau/Regional Office concerned within fifteen (15)
d. in areas expressly prohibited by law; working days from receipt of written notice and upon
payment of of the required fees.
e. in areas covered by small-scale miners;
Exploration shall be revocable when demanded by
f. old growth or virgin forest, proclaimed watershed forest police power. The State, under its all-encompassing
reserves xxx police power, may alter, modify or amend permits in
accordance with the demands of the general welfare.
Exploration Permit
Mineral Agreements
Exploration Permit – grants the right to conduct
exploration for all minerals in specified areas. Forms of General Agreements:

Section 3 (aq) of RA No. 7942 is not unconstitutional. An a. mineral production sharing agreement
observation has been made that Sec. 3 (aq) of RA 7942 b. co-production agreement
which allows a foreign contractor to apply for and hold c. joint-venture agreement
an exploration permit is unconstitutional. The reasoning
is that Sec. 2 of Art. XII of the Constitution does not Eligibility
allow foreign-owned corporations to undertake mining
operations directly. However, in La BugalB'laan Tribal a. in case of individual – must be Filipino citizen, of legal
Association v. Ramos, the Court ruled that while the age and with a capacity to contract;
Constitution mandates the State to exercise full control
and supervision over the exploitation of mineral b. in case of corporation, partnership, association, or
resources, nowhere does it require the government to cooperative – at least sixty percent (60%) of capital of
hold all exploration permits and similar authorizations which is owned by Filipino citizens.
xxx. Such a permit does not amount to authorization to
extract and carry off the mineral resources that may be Filing of mineral agreements shall be filed in the region
discovered. where the areas of interest are located. They will be
approved by the Secretary and copies shall be submitted
The exploration permit serves a practical and legitimate to the President.
purpose in that it protects the interest and preserves the
rights of the exploration permit grantee (the would-be Term of a Mineral Agreement
contractor) during the period of time that it is spending
heavily on exploration works, without yet being able to The term must not exceed twenty five (25) years to
earn revenues to recoup any of its investments and start from the date of execution, and renewable for
expenditures. another term not exceeding twenty five (25) years.
Publication, Posting, radio Announcement any phase of mining operations, and no person under 18
years of age shall be employed underground in the
It shall be done within (15) working days from receipt of mine.
the notice.
All mining and quarrying operations that employ 50
Quarry Resources workers shall have at least 1 licensed mining engineer
with 5 year experience, and 1 registered foreman.
Themaximum area which a qualified person may hold at
any one time shall be 5 hectares. The regional director shall have exclusive jurisdiction
over the safety inspection of all installations.
A quarry permit shall have a term of 5 years, renewable The regional director shall, in consultation with the
for like periods but not to exceed a total term of 25 Environmental Management Bureau have the power to
years. issue orders.

A quarry permit may be canceled by the provincial Auxiliary Mining Rights


governor for violations of the provisions of this Act.
Timber rights (subject to forestry laws, rules, and
Transport, Sale, and processing of Minerals regulations)
Water rights (subject to the existing water laws, rules,
In transporting non-processed mineral ores or minerals, and regulations)
there must be an Ore Transport permit. Right to possess explosives
Easement right
No person shall engage in trading of mineral products Entry into private lands and concession areas
unless registered with Department of Trade and
Industry. Settlement of Conflicts

No person shall engage in the processing of minerals There shall be panel of arbitrators in the regional office
without a processing permit from the Secretary. Permit of the department composed of 3 members, 2 of whom
shall be for a period of 5 years renewable for like years must be member of the Philippine Bar and 1 licensed
but not to exceed a total term of 25 years. mining engineer and duly designated by the Secretary.
The panel shall settle the following:
A foreign-owned/controlled corporation may be granted
a mineral processing permit. disputes involving rights to mining areas
disputes involving mineral agreements or permit
Development of Mining Communities, Science and disputes involving surface owners, occupants and claim
Mining Technology holder/concessionaires
disputes pending before the Bureau and the Department
A contractor shall: at the date of the effectivity of this Act.

a. Allot expenditure for community development and The decision or order of the panel of arbitrators may be
science and mining technology appealed by the party to the Mines Adjudication Board
within 15 days from receipt.
b. Maintain manpower training and development
program The Mines Adjudication Board is composed of the
Secretary as Chairman with the Director of Mines and
c. Use indigenous goods, services, and technologies Geosciences Bureau and the Undersecretary for
Operations of the Department as members.
d. prior to cessation have 1 year to remove Government Share
improvements, otherwise all shall be turned over or
donated tax-free to the proper government authorities The total government share in a mineral production
sharing agreement shall be the excise tax on mineral
e. employ preferably Filipino citizens products.

Safety and Environmental Protection The share of the Government in co-production and joint
venture agreements shall be negotiated by the
No person under 16 years of age shall be employed in Government and the contractor.
Ground for Cancellation, revocation, and The provisions of the Code shall be enforced in:
Termination
· all Philippine waters including other waters over which
Late or non-filing of requirements the Philippines has sovereignty and jurisdiction, and the
Violation of the terms and conditions of permits or country’s 200-nautical mile EEZ (Exclusive Economic
agreements Zone) and continental shelf;
Non-payment of taxes and fees
Suspension or cancellation of tax incentives and credits · all aquatic and fishery resources
Falsehood or omission of facts in the statement
· all lands devoted to aquaculture, or businesses and
Penal Provisions activities relating to fishery, whether private or public
lands
1.False statements
2.illegal exploration Use of Philippine Waters
3. Theft of minerals
4. Destruction of mining structures Section 2, Article XII of the Constitution provides:
5. Mines arson
6.Willful damage to mine “ The State shall protect the nation’s marine wealth in its
7.Illegal obstruction to permitees or contractors archipelagic water, territorial sea, and exclusive
8. Violation of the terms and conditions of the economic zone, and reserve its use and enjoyment
Environmental Compliance Certificate (ECC) exclusive to Filipino citizens.”
9. Obstruction of government officials Consistent with the foregoing constitutional provision,
10.Other violations Sec. 5 of RA No. 8550 provides that the use and
11. Fines exploitation of the fishery and aquatic resources in the
Philippine waters shall be reserved exclusively to
Part VIII Philippine Fisheries Code of 1998(Republic Filipinos. Research and survey activities may be allowed
Act No. 8550) under strict regulations that would also benefit Filipino
citizens.
Governing Law
Definition of Terms
RA No. 8550, otherwise known as “The Philippine
Fisheries Code of 1998”, was enacted on February 17, Aquatic resources – includes fish, all other aquatic flora
1998 to provide for the development and conservation of and fauna and other living resources of the aquatic
the fisheries and aquatic resources and integrating all environment, including, but not limited to, salt and corals.
laws pertinent thereto.
Closed season – the period during which the taking of
Policy Considerations specified fishery species by a specified fishing gear is
prohibited in a specified area or areas in the Philippine
The State shall ensure the attainment of the waters.
following objectives:
Commercial fishing – the taking of fishery species by
· Conservation, protection and sustained management of passive or active gear for trade, business and profit
the country’s fishery and aquatic resources beyond subsistence or sports fishing, to be further
classified as:
· Poverty alleviation and the provision of supplementary
livelihood among municipal fisherfolk · Small scale commercial fishing – fishing with passive or
active gear utilizing fishing vessels of 3.1 gross tons
· Improvement of productivity of aquaculture within (GT) up to twenty (20) GT;
ecological limit
· Medium scale commercial fishing – fishing with passive
· Optimal utilization of off-shore and deep-sea resources or active gear utilizing fishing vessels of 20.1 gross tons
and (GT) up to one hundred fifty (150) GT;

· Upgrading of post-harvest technology · Large commercial fishing – fishing with passive or


active gear utilizing fishing vessels of more than one
Application of the Law hundred fifty (150) GT
Municipal waters – 15 kilometers from coastline. engaged in commercial fishing;
monitor and review joint fishing agreements between
Organizational Structure Filipino citizens and foreigners;

The Department of Agriculture (DA) is the government formulate and implement (CNFIDP);
agency responsible for the promotion of agricultural
development by providing the policy framework, public establish and maintain a Comprehensive Fishery
investments, and support services needed for domestic Information System (CFIS);
and export-oriented business enterprises.
provide extensive development support services in all
It shall be the primary concern of the DA to improve farm aspects of fisheries production, processing, and
in come and generate work opportunities for farmers, marketing;
fishermen, and other rural workers.
provide advisory services and technical assistance;
Access to Fishery Resources
coordinate efforts relating to fishery production;
The DA shall issue such number of licenses and permits
for the conduct of fishery activities subject to the limits of advise and coordinate with LGUs on the maintenance of
the maximum sustainable yield (MSY) of the resources proper sanitation and hygienic practices in fish markets
as determined by scientific studies or best available and fish landing areas;
evidence.
establish a corps of specialists in collaboration with
Preference shall be given to resource users in the local DND, DILG, and DFA for the efficient monitoring, control,
communities adjacent or nearest to the municipal and surveillance of fishing activities… and provide for
waters. necessary facilities, equipment and training therefore;

· Catch ceiling limitation – the DA Secretary may implement an inspection system for import and export of
prescribe limitations or quota on the total quantity of fish fishery/aquatic products;
captured, for specified period of time and specified area coordinate with LGUs and other concerned agencies for
based on the best available evidence. the establishment of productivity enhancing and market
development programs in fishing communities;
· Establishment of closed season – the Secretary may
declare a closed season in any or all Philippine waters enforce all laws, formulate and enforce all rules and
outside the boundary of municipal waters and in bays, regulations governing the conservation and
for conservation and ecological purposes. The Secretary management of fishery resources, except in municipal
may include waters under the jurisdiction of special waters, and settle conflicts of resource use and
agencies, municipal waters and bays, and or other other allocation;
areas reserved for the use of the municipal fisherfolk.
This shall be done only upon the concurrence and develop value-added fishery products for domestic
approval of such special agencies, and concerned consumption and export;
LGUs.
recommend measures for the
Bureau of Fisheries and Aquatic Resources; protection/enhancement of fishery industries;
Functions
assist LGUs in developing their technical capability in the
The Bureau of Fisheries and Aquatic Resources (BFAR) development, management, regulation, conservation,
is a line bureau under the DA. It shall have the following and protection of the fishery resources;
functions:
formulate rules and regulations for the conservation and
prepare and implement a Comprehensive National management of straddling fish stocks and highly
Fisheries Industry Development Plan (CNFIDP); migratory fish stocks; and

issue licenses for the operation of commercial fishing perform such other related functions which shall promote
vessels; the development, conservation, management, protection
and utilization of fisheries and aquatic resources.
issue identification cards free of charge to fishworkers
Composition of BFAR
Persons Eligible for Commercial Fishing Vessel
The BFAR is headed by a Director and assisted by two License
(2) Asst. Directors who shall supervise the administrative
and technical services of the bureau respectively. No commercial fishing vessel license shall be issued
except to citizens of the Philippines, partnerships or
Municipal Fisheries associations, cooperatives or corporations duly
registered in the Philippines at least 60% of capital stock
The municipality/city government shall have jurisdiction of which is owned by Filipino citizens.
over municipal waters as defined in the Code.
No person to whom a license has been issued shall sell,
The LGUs shall enforce all fishery laws, rules and transfer or assign, directly or indirectly, his stock or
regulations as well as valid fishery ordinances enacted interest therein to any person not qualified to hold a
by the municipal/city council. license.

The LGUs which share or border fishery resources may The commercial fishing boat license shall be renewed
group themselves and coordinate with each other. The every 3 years. The owner/operator of a fishing vessel
Integrated Fisheries and Aquatic Resources has a period of 60 days prior to the expiration of the
Management Councils (FARMCs) established under license within which to renew the same.
Sec. 76 of the Code shall serve as the venues for close
collaboration among LGUs in the management of The owner/operator of a registered fishing vessel shall
contiguous resources. notify the department in writing of the transfer of
ownership of the vessel with a copy of such document
Grant of Fishing Privileges in Municipal Waters within 10 days after its transfer to another person.

The duly registered fisherfolk organizations/cooperatives Fishing by Philippine Commercial Fishing in


shall have preference in the grant of fishery rights by the International Waters
municipal/city council.
Fishing vessels of Philippine registry may operate in
Users of municipal waters international waters or waters of other countries which
allow such fishing operations but they should comply
The municipal or city government may authorize or with the safety, manning and other requirements of the
permit small and medium commercial fishing vessels to Philippine Coast guard, maritime Industry Authority and
operate within the 10.1 to 15 kilometer area from the other agencies concerned.
shoreline in municipal waters, provided, that all the
following are met: Aquaculture

no commercial fishing in municipal waters with depth Disposition of Public Lands for Fishery Purposes
less than 7 fathoms;
Public lands such as tidal swamps, mangroves,
fishing activities utilizing methods and gears that are marshes, foreshore lands and ponds suitable for fishery
determined to be consistent with national policies set by operations shall not be disposed or alienated. Fishponds
the DA; lease agreements (FLA) may be issued for public lands
that may be declared available for fishpond development
prior consultation with the M/CFARMC has been primarily to qualified fisherfolk cooperatives/associations.
conducted; and
Upon the expiration of existing FLAs, the current lessees
the applicant vessel as well as the shipowner, employer, shall be given priority and entitled to an extension of 25
captain and crew have been certified by the appropriate years.
agency as not having violated the Code, environmental
laws and related laws. DA shall declare as reservation portions available public
lands certified as suitable for fishpond purposes.
Resident municipal fisherfolk of the municipality
concerned and their organizations/cooperatives shall No fish pens or fish cages or fish traps shall be allowed
have priority to exploit municipal and demarcated fishery in lakes.
areas of the said municipality.
Lease of Fishponds administered in the manner prescribed by the BFAR.
areas leased for fishpond purposes shall be no more
than 50 hectares for individuals and 250 hectares for Prohibitions and Penalties
corporations or fisherfolk organizations;
Unauthorized fishing or engaging in other unauthorized
the lease shall be for a period of 25 years and renewable fisheries activities
for another 25 years. In case of death of lessee, his
spouse and/or children, as his heirs, shall have Poaching in Philippine waters – it shall be unlawful for
preemptive rights to the unexpired term of his FLA; any foreign person, corporation, or entity to fish or
operate any fishing vessel in Philippine waters
lease rates for fishpond areas shall be determined by the
DA; Fishing through explosives, noxious or poisonous
substance, and/or electricity, and to deal in, sell or in any
The area leased shall be developed and producing on manner dispose of, any fish or fishery species which
commercial scale within 3 years from the approval of the have been illegally caught, taken or gathered
lease contract, but areas not fully producing within 5
years from approval shall automatically revert to the Use of fine mesh net – net with mesh size of less than 3
public domain for reforestation; cm measured between 2 opposite knots of a full mesh
when stretched
Reversion of All Abandoned, Undeveloped or
Underutilized Fishponds Use of active gear in the municipal waters and bays and
other fishery management areas
The DENR, in coordination with the DA, LGUs, other
concerned agencies and FARMCs shall determine shall Ban on coral exploitation and exportation
determine which abandoned, underdeveloped, or
underutilized fishponds covered by FLA can be reverted Ban on muro-ami, other methods and gear destructive to
to their original mangrove state. coral reefs and other marine habitat

License to Operate Fish Pens, Fish Cages... Illegal use of superlights

Fish pens, fish cages, fish traps and other structures for Conversion of mangroves into fishponds for any other
the culture of fish and other fishery products shall be purposes
constructed and shall operate only within established
zones duly designated by LGUs in consultation with Fishing in overfished area and during closed season
FARMCs concerned.
Fishing in fishery reserves, refuge and sanctuaries
Not more than 10% of suitable water surface area of
lakes and rivers shall be allotted for aquaculture Fishing or taking of rare, threatened or endangered
purposes. species

No new concessions for establishment of fishpens and Capture of sabalo (mature milk fish) and other
other similar structures in municipal areas shall be breeders/spawners
granted, except to municipal fisherfolk and their
organizations. Exportation of breeders, spawners, eggs or fry

Inland fishponds, fish cages and fish pens shall be Importation or exportation of fish or fishery species
covered under the insurance program of the Philippine
Crop Insurance Corp (PCIC) for losses caused by force Violation of catch ceilings
majeure and fortuitous events.
Aquatic pollution
Fishery Reserves, refuge and Sanctuaries
Other violations:
The DA may designate area or areas in Philippine
waters beyond fifteen (15) kilometers from shoreline as a. Failure to comply with minimum safety standards
fishery reservation .
The DA may establish fish refuge and sanctuaries to be b. Failure to conduct a yearly report on all fishponds, fish
pens and fish cages (b) all waters that belong to the State cannot be the
subject to acquisitive prescription
c. Gathering and marketing of shell fishes
(c) the State may allow the use or development of
d. Obstruction to navigation or flow and ebb of tide in waters by administrative concessions
any stream, river, lake or bay
(d) the utilization, exploitation, development,
e. Construction and operation of fish corrals/traps, fish conservation and protection of water resources shall
pens and fish cages subject to the control and regulation of the government
through the National Water Resources Council
Commercial fishing vessel operators employing
unlicensed fisherfolk or fishworker or crew (e) preference in the use and development of waters
shall consider current usages and be responsive to the
Obstruction of defined migration paths changing needs of the country
Obstruction to fishery law enforcement officer
State Ownership of Waters
Enactment of Ordinances by LGUs
The following belong to the State:
Under the general welfare clause, LGUs have the
power to enact ordinances to enhance the right of (a) rivers and their natural beds
the people to a balanced ecology.
(b) continuous or intermittent waters of springs and
It likewise specifically vests municipalities with the power brooks running in their natural beds and and the beds
to grant fishery pprivileges in municipal waters, and themselves
impose rentals, fees or charges therefor; to penalize, by
appropriate ordinances, the use of explosives, noxious (c) natural lakes and lagoons
or poisonous substances, electricity, muro-ami, and
other deleterious methods of fishing; and to prosecute (d) all other categories of surface waters
any violation of the provisions of applicable fishery laws.
(e) atmospheric water
Seizure Without warrant of Fishing Vessels
Breaching Fishery Laws (f) subterranean or ground waters

Search and seiizure without search warrant of vessels (g) seawater


and aircrafts for violations of customs laws have been The following waters found on private lands belong to
the traditional exception to the constitutional requirement the State:
of a search warrant.
(a) continuous or intermittent waters rising on such land
This same exception applies to seizures of fishing
vessels and boats breaching our fishery laws. (b) lakes and lagoons naturally occurring on such lands

Part IXWater Code of the Philippines(Presidential (c) subterranean or ground waters


Decree No. 1067)
(d) water in swamps and marshes
Governing Law
The owner of the land where the water is found may use
PD NO. 1067 was enacted om December 31, 1976, the same for domestic purposes without securing a
revising and consolidating the laws governing the permit, provided that such use shall be registered, when
ownership, appropriation, utilization, exploitation, required by the Council.
development, conservation and protection of water
resources. Any person who captures or collects water by means of
cisterns, tanks, or pools shall have exclusive control over
Underlying Principles of the Code such water and the right to dispose the same.

(a) all waters belong to the State Water legally appropriated shall be subject to the control
of the appropriator from the moment it reaches the
appropriator's canal or aqueduct leading to the place of water without securing a water permit for any of the
where the water will be used or stored. following:

(a) appropriation of water by means of hand-carried


receptacles; and
Appropriation of Waters
(b) bathing or washing, watering or dipping of domistic or
Water may be appropriated for the following purposes: farm animals, and navigation of watercrafts or
transportation of logs and other objects by floatation.
(a) domestic -utilization of water for drinking, washing,
bathing, cooking, etc A water right shall be exercised in such manner that the
rights of third persons or of other appropriators are not
(b) municipal – utilization of water for supplying the water prejudiced thereby.
requirements of the communit
A holder of water permit may demand the establishment
(c) irrigation – utilization of water for producing of easements necessary for the construction and
agricultural crops maintenance of the works and facilities needed for the
beneficial use of waters to be appropriated.
(d) power generation – utilization of water for producing
electrical or mechanical power Revocation of Water Permits

(e) fisheries – utilization of water for the propagation and Water permits may be revoked after due notice and
culture of fish as a commercial enterprise hearing on grounds of:

(f) livestock raising – utilization of water for large herds non-use


or flocks of animals raised as a commercial enterprise gross violation of the conditions imposed in the permit
unauthorized sale of water
(g) industrial – utilization of water in factories, industrial willful failure or refusal to comply with rules and
plants and mines, etc. regulations of any lawful order
pollution, public nuisance or acts detrimental to public
(h) recreational – utilization of water for swimming pool, health and safety
bath houses, etc. when the appropriator is found to be disqualified under
the law to exploit and develop natural resources of the
Citizenship Requirement country
when in case of irrigation, the land is converted to non-
Only citizens of the Philippines, of legal age, as well as agricultural purposes, and
juridical persons, who are duly qualified by law to exploit other similar grounds
and develop water resources, may apply for water
permits. Utilization, Order of Preference and Conditions for
the Use of Waters
In case of corporations, water permits may be granted if
at least 60% of the capital is owned by Filipino citizens. Order of Preference in the Use of Waters

Filing of Application (a) domestic and municipal use

Any person who desires to obtain a water permit shall (b) irrigation
file and application with the Council.
(c) power generation
Water Rights and Permits
(d) fisheries
As a rule, no person, including government
instrumentalities, shall appropriate water without a water (e) livestock raising
right, which shall be evidenced by a document known as
a water permit. (f) industrial use, and

However, any person may appropriate or natural bodies (g) other uses
Prohibitions and Conditions for Use of Waters
(d) easement of a dam
(a) no excavation for the purpose of emission of a hot
spring or for enlargement of the existing opening thereof (e) easement for drawing water or for watering animals
shall be made without prior permit
(f) easement of aqueduct
(b) no develop shall develop a stream, lake or spring for
recreational purposes without prior permit (g) easement for the construction of a stop lock or sluice
gate
(c) unless otherwise ordered by the President, and only
in time of national calamity or emergency, no person
shall induce or restrain rainfall by any method Control of Waters

(d) no person shall raise or lower the water level of a Flood Control Areas
river, stream, lake, lagoon, or marsh nor drain the same
without a permit (a) prohibition against activities that obstruct the flow of
water, etc.
(e) drainage system shall be constructed that their
outlets may be approved by the proper government (b) rivers or lakes may be declared navigable
agency
(c) river beds may not be cultivated except upon prior
(f) when artificial means are employed to drain water permission from the Secretary of DPWH, and such
from higher to lower land, the owner of the higher land permission shall not be granted where such cultivation
shall select the routes and methods of drainage that will obstructs the flow of water or increase flood levels so as
cause the minimum damage to the lower lands, subject to cause damage to other areas
to the requirements of just compensation
(d) any person may erect levees or revetments to protect
(g) when the use, conveyance or storage of waters his property from flood, encroachment by the river or
results in damage to another, the person responsible for change in the course of the river, provided that such
the damage shall pay compensation construction does not cause damage to the property of
another
(h) any person having an easement for an aqueduct may
enter upon the servient land for the purpose of cleaning, (e) when a river or stream suddenly changes its course
repairing or replacing the aqueduct or the removal of to traverse private lands, the owners of the affected
destruction therefrom lands may not compel the government to restore the
river to its former bed, nor can they restrain the
(i) lower estates are obliged to receive the waters which government from taking steps to revert the river or
naturally and without the intervention of man flow from stream to its former course. The owners of the affected
the higher estate, as well as the stone or earth which lands may undertake to return the river or stream to its
they carry with them old bed at their own expense upon a permit first secured
from the DPWH
(j) the banks of rivers and streams and the shores of the
seas and lakes throughout their entire length and within (f) waters of a stream may be stored in a reservoir by a
a zone of 3 meters in urban areas, 20 meters in permittee in such amount as will not prejudice the right
agricultural areas and 40 meters in forest areas, along of any permittee downstream
their margins are subject to the easement of public use
(g) no person shall drill a well without prior permission
Legal Easements Relating to waters Under the Civil from the Council
Code
(h) easement of aqueduct – any person who may wish to
(a) natural drainage of lands use upon his own estate any water of which he can
dispose shall have the right to make it flow through the
(b) natural drainage of buildings intervening estates, with the obligation to indemniify their
owners, as well as the owners of the lower estates upon
(c) easements on riparian banks for navigation, floatage, which the waters may filter or descend
fishing and salvage
Conservation and Protection of Waters and that for which a right or permit was granted
Watersheds and Related Land Resources (f) construction or repair of any hydraulic work or
structure without duly approved plans and specifications,
(a) watersheds may be declared a protected area – it is when required
an 'intergenerational responsibility.' (g) failure to install a regulating and measuring device for
the control of the volume of water appropriated, when
(b) a watershed reservation is not subject to occupancy required
or alienation (h) unauthorized sale, lease, or transfer of water and/or
water rights
(c) a timber license covering a watershed area may be (i) failure to provide adequate facilities to prevent or
withdrawn in the public interest control diseases when required by the Council
(j) drilling of a well without permission of the Council
The National Water Resources Council (k) utilization of an existing well or ponding or spreading
of water for recharging subterranean or ground water
The Council was created by PD No. 424 as a regulatory supplies without permission of the Council
and executory agency which coordinates and integrates (l) violation or non-compliance with any order, rules, or
water resource development activities, and grants, regulations of the Council
determines and adjudicates water rights. (m) illegal taking or diversion of water in an open canal,
aqueduct or reservoir
Powers and Functions (n) malicious destruction of hydraulic works or structure
authority to enter upon private lands valued at not exceeding P5,000.00.

jurisdiction of the Council over water disputes Under Art. 91 -

where the case does not involve the settlement of a (a) a fine of not exceeding P3,000.00 or
water rights dispute, but the enjoyment of a right to water imprisonment of not more than 3 years
use for which a permit was already granted, the regular 1) appropriation of water without a water permit, unless
court has jurisdiction over the dispute, not the NWRC such person is expressly exempted by provisions of this
Act
there must be observance on rule on exhaustion of 2) unauthorized obstruction of an irrigation canal
administrative remedies 3) cultivation of a river bed, sand bar or tidal flat without
permission
the decisions of the Council on water rights 4) malicious destruction of hydraulic works or structure
controversies may be appealed to the regional trial court valued at not exceeding P25,000
of the province where the subject matter of the
controversy is situated within fifteen (15) days from the (b) a fine exceeding P3,000.00 or imprisonment
date the party appealing receives a copy of the decision. exceeding 3 years but not more than 6 years
1) distribution for public consumption of water which
Penalties adversely affects the health and safety of the public
2) excavation or enlargement of the opening of a hot
Articles 90 and 91 of the Water Code enumerate the spring without permission
acts that may be penalized under the Code. The criminal 3) unauthorized obstruction of a river or waterway, or
action shall be brought before the proper court. occupancy of a river bank or seashore without
permission
The following acts shall be penalized: 4) establishment of a cemetery or a waste disposal area
near a source of water supply or reservoir for domestic
Under Art. 90 – a fine of not exceeding P1,000.00 municipal use without permission
(a) appropriation of subterranean or ground water for 5) constructing, without prior permission of the
domestic use government agency concerned, works that produce
(b) non-observance of any standard beneficial use of dangerous or noxious substances, or performing acts
water that result in introduction of sewage, industrial waste or
(c) failure of the appropriator to keep a record of water any substance that pollutes a source of water supply
withdrawal, when required 6) dumping mine tailings and sediments into rivers of
(d) failure to comply with any of the terms or conditions waterways without permission
in a water permit or a water rights grant 7) malicious destruction of hydraulic works or structure
(e) unauthorized use of water for a purpose other than valued more than P25,000 but at not exceeding
P100,000 and harmony of nature.
The State shall promote and protect the global
(c) a fine exceeding P6,000 but not more than environment to attain sustainable development while
P10,000 or imprisonment exceeding 6 years but not recognizing the primary responsibility of local
more than 12 years government units to deal with environmental problems.
1) misrepresentation of citizenship in order to qualify for The State recognizes that the responsibility of cleaning
water permit the habitat and environment is primarily area-based.
2) malicious destruction of hydraulic works or structure, The State also recognizes the principle that “polluters
valued at more than P100,000 must pay”.
Finally, the State recognizes that a clean and healthy
Water Districts environment is for the good of all and should, therefore,
PD No. 198, otherwise known as the “Provincial Water be the concern of all.
Utilities Act of 19973” (effective May 25, 1973)
authorizes the formation and governs the operation of SEC. 3.Declaration of Policies. - The State shall pursue
water districts throughout the country. a policy of balancing development and environmental
protection. To achieve this end, the frame work for
Water districts may be created by the different local sustainable development shall be pursued. It shall be the
legislative bodies by the passage of a resolution. The policy of the State to:
primary function of these water districts is to sell water to [a] Formulate a holistic national program of air pollution
residents within their territory. management that shall be implemented by the
Water districts are quasi-public corporations, performing government through proper delegation and effective
public services and supplying public wants. coordination of functions and activities;
A water district may be dissolved by a resolution of its [b] Encourage cooperation and self-regulation among
board of directors filed in the manner of filing the citizens and industries through the application of market-
resolution forming the district. The resolution of based instruments;
dissolution is filed with Local water Utilities [c] Focus primarily on pollution prevention rather than on
Administration (LWUA). control and provide for a comprehensive management
The Local Water Utilities Administration (LWUA) program for air pollution;
[d] Promote public information and education and to
PD No. 198 established a government corporation encourage the participation of an informed and active
known as LWUA, attached to the Office of the President, public in air quality planning and monitoring; and
to function primarily as “a specialized lending institution [e] Formulate and enforce a system of accountability for
for the promotion, development and financing of local short and long-term adverse environmental impact of a
water utilities.” project, program or activity. This shall include the setting
up of a funding or guarantee mechanism for clean-up
The LWUA has no adjudicatory functions. and environmental rehabilitation and compensation for
personal damages.
The SEC has no supervisory powers over water districts.
SEC. 4.Recognition of Rights. - Pursuant to the above-
REPUBLIC ACT NO. 8749- PHILIPPINE CLEAN AIR declared principles, the following rights of citizens are
ACT OF 1999 hereby sought to be recognized and the State shall seek
to guarantee their enjoyment:
Chapter 1 [a] The right to breathe clean air;
[b] The right to utilize and enjoy all natural resources
General Provisions according to the principles of sustainable development;
[c] The right to participate in the formulation, planning,
Article One implementation and monitoring of environmental policies
and programs and in the decision-making process;
Basic Air Quality Policies [d] The right to participate in the decision-making
process concerning development policies, plans and
SECTION 1.Short Title. - This Act shall be known as the programs projects or activities that may have adverse
“Philippine Clean Air Act of 1999.” impact on the environment and public health;
[e] The right to be informed of the nature and extent of
SEC. 2.Declaration of Principles. - The State shall the potential hazard of any activity, undertaking or
protect and advance the right of the people to a project and to be served timely notice of any significant
balanced and healthful ecology in accord with the rhythm rise in the level of pollution and the accidental or
deliberate release into the atmosphere of harmful or importer certifying that a particular new vehicle or vehicle
hazardous substances; type meets the requirements provided under this Act and
[f] The right of access to public records which a citizen its rules and regulations;
may need to exercise his or her rights effectively under f) “Department” means the Department of Environment
this Act; and Natural Resources;
[g] The right to bring action in court or quasi-judicial g)“Eco-profile” means the geographic-based instrument
bodies to enjoin all activities in violation of environmental for planners and decision makers which present an
laws and regulations, to compel the rehabilitation and evaluation of the environment quality and carrying
cleanup of affected area, and to seek the imposition of capacity of an area. It is the result of the integration of
penal sanctions against violators of environmental laws; primary data and information on natural resources and
and antropogenic activities on the land which were evaluated
[h] The right to bring action in court for compensation of by various environmental risk assessment and
personal damages resulting from the adverse forecasting methodologies that enable the Department to
environmental and public health impact of a project or anticipate the type of development control necessary in
activity. the planning area.
h)“Emission” means any air contaminant, pollutant, gas
Article Two stream or unwanted sound from a known source which
is passed into the atmosphere;
Definition of Terms i) “Greenhouse gases” means those gases that can
potentially or can reasonably be expected to induce
SEC. 5. Definitions.- As used in this Act: global warming, which include carbon dioxide, oxides of
a) “Air pollutant” means any matter found in the nitrogen, chloroflourocarbons, and the like;
atmosphere other than oxygen, nitrogen, water vapor, j) “Hazardous substances” means those substances
carbon dioxide, and the inert gases in their natural or which present either: (1) short-term acute hazards such
normal concentrations, that is detrimental to health or as acute toxicity by ingestion, inhalation, or skin
the environment, which includes, but not limited to absorption, corrosivity or other skin or eye contact
smoke, dust, soot, cinders, fly ash, solid particles of any hazard or the risk of fire explosion; or (2) long-term
kind, gases, fumes, chemical mists, steam and toxicity upon repeated exposure, carcinogecity (which in
radioactive substances; some cases result in acute exposure but with a long
b) “Air pollution” means any alteration of the physical, latent period), resistance to detoxification process such
chemical and biological properties of the atmospheric as biodegradation, the potential to pollute underground
air, or any discharge thereto of any liquid, gaseous or or surface waters;
solid substances that will or is likely to create or to k) “Infectious waste” means that portion of medical
render the air resources of the country harmful, waste that could transmit an infectious disease;
detrimental, or injurious to public health, safety or l) “Medical waste” means the materials generated as a
welfare or which will adversely affect their utilization for result of patient diagnosis, treatment, or immunization of
domestic, commercial, industrial, agricultural, human beings or animals;
recreational, or other legitimate purposes; m) “Mobile source” means any vehicle propelled by or
c) “Ambient air quality guideline values” means the through combustion of carbon-based or other fuel,
concentration of air over specified periods classified as constructed and operated principally for the conveyance
short-term and long-term which are intended to serve as of persons or the transportation of property goods;
goals or objectives for the protection of health and/or n) “Motor vehicle” means any vehicle propelled by a
public welfare. These values shall be used for air quality gasoline or diesel engine or by any means other than
management purposes such as determining time trends, human or animal power, constructed and operated
evaluating stages of deterioration or enhancement of the principally for the conveyance of persons or the
air quality, and in general, used as basis for taking transportation of property or goods in a public highway
positive action in preventing, controlling, or abating air or street open to public use;
pollution; o) “Municipal waste” means the waste materials
d) “Ambient air quality” means the general amount of generated from communities within a specific locality;
pollution present in a broad area; and refers to the p) "New vehicle” means a vehicle constructed entirely
atmosphere’s average purity as distinguished from from new parts that has never been sold or registered
discharge measurements taken at the source of with the DOTC or with the appropriate agency or
pollution; authority, and operated on the highways of the
e) “Certificate of Conformity” means a certificate issued Philippines, any foreign state or country;
by the Department of Environment and Natural q) “Octane Rating or the Anti-Knock Index(AKI)” means
Resources to a vehicle manufacturer / assembler or the rating of the anti-knock characteristics of a grade or
type of automotive gasoline as determined by dividing by SEC. 6. Air Quality Monitoring and Information Network.-
two (2) the sum of the Research Octane Number (RON), The Department shall prepare an annual National Air
plus the Motor Octane Number (MON); the octane Quality Status Report which shall be used as the basis in
requirement, with respect to automotive gasoline for use formulating the Integrated Air Quality Improvement
in a motor vehicle or a class thereof, whether imported, Framework, as provided for in Sec. 7. The said report
manufactured, or assembled by a manufacturer, shall shall include, but shall not be limited to the following:
refer to the minimum octane rating of such automotive a) Extent of pollution in the country, per type of pollutant
gasoline which such manufacturer recommends for the and per type of source, based on reports of the
efficient operation of such motor vehicle, or a substantial Department’s monitoring stations;
portion of such class, without knocking; b) Analysis and evaluation of the current state, trends
r) “Ozone Depleting Substances (ODS)” means those and projections of air pollution at the various levels
substances that significantly deplete or otherwise modify provided herein;
the ozone layer in a manner that is likely to result in c) Identification of critical areas, activities, or projects
adverse effects of human health and the environment which will need closer monitoring or regulation;
such as, but not limited to, chloroflourocarbons, halons d) Recommendations for necessary executive and
and the like; legislative action; and
s) “Persistent Organic Pollutants (POPs)” means the e) Other pertinent qualitative and quantitative information
organic compounds that persist in the environment, concerning the extent of air pollution and the air quality
bioaccumulate through the food web, and pose a risk of performance rating of industries in the country.
causing adverse effects to human health and the The Department, in cooperation with the National
environment. These compounds resist photolytic, Statistical Coordination Board (NSCB), shall design and
chemical and biological degradation, which shall include develop an information network for data storage,
but not be limited to dioxin, furan, Polychlorinated retrieval and exchange.
Biphenyls (PCBs), organochlorine pesticides, such as The Department shall serve as the central depository of
aldrin, dieldrin, DDT, hexachlorobenzene, lindane, all data and information related to air quality.
toxaphere and chlordane; SEC. 7. Integrated Air Quality Improvement Framework.-
t) “Poisonous and toxic fumes” means any emissions The Department shall within six (6) months after the
and fumes which are beyond internationally - accepted effectivity of this Act, establish, with the participation of
standards, including but not limited to the World Health LGUs, NGOs, POs, the academe and other concerned
Organization (WHO) guideline values; entities from the private sector, formulate and implement
u) “Pollution control device" means any device or the Integrated Air Quality Improvement Framework for a
apparatus used to prevent, control or abate the pollution comprehensive air pollution management and control
of air caused by emissions from identified pollution program. The framework shall, among others, prescribe
sources at levels within the air pollution control the emission reduction goals using permissible
standards established by the Department; standards, control strategies and control measures to
v) “Pollution control technology” means the pollution undertaken within a specified time period, including cost-
control devices, production process, fuel combustion effective use of economic incentives, management
processes or other means that effectively prevent or strategies, collective actions, and environmental
reduce emissions or effluent; education and information.
w) “Standard of performance" means a standard for The Integrated Air Quality Improvement Framework shall
emissions of air pollutant which reflects the degree of be adopted as the official blueprint with which all
emission limitation achievable through the application of government agencies must comply with to attain and
the best system of emission reduction, taking into maintain ambient air quality standards.
account the cost of achieving such reduction and any SEC. 8. Air Quality Control Action Plan.- Within six (6)
non-air quality health and environmental impact and months after the formulation of the framework, the
energy requirement which the Department determines, Department shall, with public participation, formulate and
and adequately demonstrates; and implement an air quality control action plan consistent
x) “Stationary source” means any building or immobile with Sec. 7 of this Act. The action plan shall:
structure, facility or installation which emits or may emit a) Include enforceable emission limitations and other
any air pollutant. control measures, means or techniques, as well as
schedules and time tables for compliance, as may be
necessary or appropriate to meet the applicable
Chapter 2 requirements of this Act;
Air Quality Management System b) Provide for the establishment and operation of
Article One appropriate devices, methods, systems and procedures
General Provisions necessary to monitor, compile and analyze data on
ambient air quality; common interest or face similar development programs,
c) Include a program to provide for the following: (1) prospects or problems.
enforcement of the measures described in subparagraph For a more effective air quality management, a system
[a]; (2) regulation of the modification and construction of of planning and coordination shall be established and a
any stationary source within the areas covered by the common action plan shall be formulated for each
plan, in accordance with land use policy to ensure that airshed.
ambient air quality standards are achieved; d) Contain To effectively carry out the formulated action plans, a
adequate provisions, consistent with the provisions of Governing Board is hereby created, hereinafter referred
this Act, prohibiting any source or other types of to as the Board.
emissions activity within the country from emitting any air The Board shall be headed by the Secretary of the
pollutant in amounts which will significantly contribute to Department of Environment and Natural Resources as
the non-attainment or will interfere with the maintenance chairman. The members shall be as follows:
by the Department of any such ambient air quality a) Provincial Governors from areas belonging to the
standard required to be included in the implementation airshed;
plan to prevent significant deterioration of air quality or to b) City/Municipal Mayors from areas belonging to the
protect visibility; e) Include control strategies and control airshed;
measures to be undertaken within a specified time c) A representative from each concerned government
period, including cost effective use of economic agency;
incentives, management strategies, collection action and d) Representatives from people’s organizations;
environmental education and information; f) Designate e) Representatives from non-government organizations;
airsheds; and g) All other measures necessary for the and
effective control and abatement of air pollution. f) Representatives from the private sector.
The adoption of the plan shall clarify the legal effects on The Board shall perform the following functions:
the financial, manpower and budgetary resources of the a) Formulation of policies;
affected government agencies, and on the alignment of b) Preparation of a common action plan;
their programs with the plans. c) Coordination of functions among its members; and
In addition to direct regulations, the plan shall be d) Submission and publication of an annual Air Quality
characterized by a participatory approach to the pollution Status Report for each airshed.
problem. The involvement of private entities in the Upon consultation with appropriate local government
monitoring and testing of emissions from mobile and/or authorities, the Department shall, from time to time,
stationary sources shall be considered. revise the designation of airsheds utilizing eco-profiling
Likewise, the LGU’s, with the assistance from the techniques and undertaking scientific studies.
Department, shall prepare and develop an action plan Emissions trading may be allowed among pollution
consistent with the Integrated Air Quality Improvement sources within an airshed.
Framework to attain and maintain the ambient air quality SEC. 10. Management of Non-attainment Areas.- The
standards within their respective airsheds as provided in Department shall designate areas where specific
Sec. 9 hereof. pollutants have already exceeded ambient standards as
The local government units shall develop and submit to non-attainment areas. The Department shall prepare
the Department a procedure for carrying out the action and implement a program that will prohibit new sources
plan for their jurisdiction. The Department, however, of exceeded air pollutant without a corresponding
shall maintain its authority to independently inspect the reduction in existing resources.
enforcement procedure adopted. The Department shall In coordination with other appropriate government
have the power to closely supervise all or parts of the air agencies, the LGUs shall prepare and implement a
quality action plan until such time the local government program and other measures including relocation,
unit concerned can assume the function to enforce the whenever necessary, to protect the health and welfare of
standards set by the Department. residents in the area.
A multi-sectoral monitoring team with broad public For those designated as nonattainment areas, the
representation shall be convened by the Department for Department, after consultation with local government
each LGU to conduct periodic inspections of air pollution authorities, nongovernment organizations (NGOs),
sources to assess compliance with emission limitations people’s organizations (POs) and concerned sectors
contained in their permits. may revise the designation of such areas and expand its
SEC. 9.Airsheds.- Pursuant to Sec. 8 of this Act, the coverage to cover larger areas depending on the
designation of airsheds shall be on the basis of, but not condition of the areas.
limited to, areas with similar climate, meteorology and SEC. 11. Air Quality Control Techniques.- Simultaneous
topology which affect the interchange and diffusion of with the issuance of the guideline values and standards,
pollutants in the atmosphere, or areas which share the Department, through the research and development
program contained in this Act and upon consultation with 24 hours
appropriate advisory committees, government agencies 60
and LGUs, shall issue, and from time to time, revise ----
information on air pollution control techniques. Such 1 yeare
information shall include: SulfurDioxidec
a) Best available technology and alternative methods of 180
prevention, management and control of air pollution; 0.07
b) Best available technology economically achievable 24 hours
which shall refer to the technological basis/standards for 80
emission limits applicable to existing, direct industrial 0.03
emitters of nonconventional and toxic pollutants; and 1 year
c) Alternative fuels, processes and operating methods Nitrogen Dioxide
which will result in the eliminator or significant reduction 150
of emissions. 0.08
Such information may also include data relating to the 24 hours
cost of installation and operation, energy requirements, ----
emission reduction benefits, and environmental impact ----
or the emission control technology. ----
The issuance of air quality guideline values, standards Photochemical Oxidants
and information on air quality control techniques shall be 140
made available to the general public: Provided, That the 0.07
issuance of information on air quality control techniques 1 hour
shall not be construed as requiring the purchase of ----
certain pollution control devices by the public. ----
SEC. 12. Ambient Air Quality Guideline Values and ----
Standards.- The Department, in coordination with other As Ozone
concerned agencies, shall review and or revise and 60
publish annually a list of hazardous air pollutants with 0.03
corresponding ambient guideline values and/or standard 8 hours
necessary to protect health and safety, and general ----
welfare. The initial list and values of the hazardous air ----
pollutants shall be as follows: ----
a) For National Ambient Air Quality Guideline for Criteria Carbon Monoxide 35
Pollutants: 30
1 hour
Short Term a ----
----
Long Term b ----
----
Pollutants
µg/Ncm mg/Ncm
ppm
Averaging Time
µg/Ncm 10
ppm 9
Averaging Time 8 hours
Suspended Particulate Matterc-TSP ----
230d ----
----
24 hours
90 mg/Ncm
----
1 yeare
-PM-10 Leadg
150f 1.5
----
3 monthsg 0.04
1.0 30
---- Chromotropic acid Method or MBTH Colorimetric
1 year Method
5.Hydrogen Chloride
a Maximum limits represented by ninety-eight percentile 200
(98%) values not to be exceed more than once a year. 0.13
b Arithmetic mean 30
c SO2 and Suspended Particulate matter are sampled Volhard Titration with Iodine Solution
once every six days when using the manual methods. A 6.Hydrogen Sulfide
minimum of twelve sampling days per quarter of forty- 100
eight sampling days each year is required for these 0.07
methods. Daily sampling may be done in the future once 30
continuous analyzers are procured and become Methylene Blue
available. 7.Lead
d Limits for Total Suspended Particulate Matter with 20
mass median diameter less than 25-50 um.
e Annual Geometric Mean 30
f Provisional limits for Suspended Particulate Matter with AASc
mass median diameter less than 10 microns and below 8. Nitrogen Dioxide
until sufficient monitoring data are gathered to base a 375,260
proper guideline. 0.20,0.14
g Evaluation of this guideline is carried out for 24-hour 30,60
averaging time and averaged over three moving Greiss- Saltzman
calendar months. The monitored average value for any 9. Phenol
three months shall not exceed the guideline value. 100
b) For National Ambient Air Quality Standards for Source 0.03
Specific Air Pollutants from: 30
Industrial Sources/ Operations: 4-Aminoantiphyrine
10.Sulfur Dioxide
Pollutants1 470, 340
Concentration2 0.18, 0.13
30,60
Averaging time (min.) Colorimetric-Pararosaniline
Method of Analysis/ Measurement3 11. Suspended Particulate

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

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


Process 10 mg/m3
2.0gm.Ncm as SO3 20 mg/m3
(ii) Fuel burning Equipment II. All the Average Values Over the Sample Period of a
1.5gm.Ncm as SO2 Minimum of 4 and Maximum of 8 Hours.
(iii) Other Stationary Sourcesa Cadmium and its compounds, expressed as cadmium
1.0gm.Ncm as SO3 (Cd)
(2) New Sources total 0.05
Thallium and its compounds, expressed as thallium (Tl)
(i) Manufacture of Sulfuric Acid and Sulf(on)ation mg/m3
Process Mercury and its Compounds, expressed as mercury (Hg)
1.5 gm.Ncm as SO3 0.05 mg/m3
(ii) Fuel Burning Equipment Antimony and its compounds, expressed as antimony
0.7 gm.Ncm as SO2 (Sb)
(iii) Other Stationary Sourcesa
0.2 gm.Ncm as SO3 Arsenic and its compounds, expressed as arsenic (As)
total 0.5 mg/m3
a Other Stationary Sources refer to existing and new Lead and its compounds, expressed as lead ( Pb)
stationary sources other than those caused by the
Chromium and its compounds, expressed as chromium promote, encourage and implement in their respective
(Cr) jurisdiction a comprehensive ecological waste
management that includes waste segregation, recycling
Cobalt and its compounds, expressed as cobalt (Co) and composting.
With due concern on the effects of climate change, the
Copper and its compounds, expressed as copper (Cu) Department shall promote the use of state-of-the-art,
environmentally-sound and safe non-burn technologies
Manganese and its compounds, expressed as for the handling, treatment, thermal destruction,
manganese (Mn) utilization, and disposal of sorted, unrecycled,
uncomposted, biomedical and hazardous wastes.
Nickel and its compounds, expressed as nickel (Ni) Article Four
Pollution from Motor Vehicles
Vanadium and its compounds, expressed as vanadium SEC. 21. Pollution from Motor Vehicles.- a) The DOTC
(V) shall implement the emission standards for motor
vehicles set pursuant to and as provided in this Act. To
Tin and its compounds, expressed as tin (Sn) further improve the emission standards, the Department
shall review, revise and publish the standards every two
These average values cover also gaseous and the vapor (2) years, or as the need arises. It shall consider the
forms of the relevant heavy metal emission as well as maximum limits for all major pollutants to ensure
their compounds: Provided, That the emission of dioxins substantial improvement in air quality for the health,
and furans into the air shall be reduced by the most safety and welfare of the general public.
progressive techniques: Provided, further, That all The following emission standards for type approval of
average of dioxin and furans measured over the sample motor vehicles shall be effective by the year 2003:
period of a minimum of 5 hours and maximum of 8 hours a) For light duty vehicles, the exhaust emission limits for
must not exceed the limit value of 0.1 nanogram/m3. gaseous pollutants shall be:
Pursuant to Sec. 8 of this Act, the Department shall Emission Limits for Light Duty Vehicles
prepare a detailed action plan setting the emission Type Approval
standards or standards of performance for any stationary (Directive 91/441/EEC)
source the procedure for testing emissions for each type
of pollutant, and the procedure for enforcement of said
standards.
Existing industries, which are proven to exceed emission
rates established by the Department in consultation with 2.72
stakeholders, after a thorough, credible and transparent 0.97
measurement process shall be allowed a grace period of CO
eighteen (18) months for the establishment of an (g/km)
environmental management system and the installation a for compression-ignition engines only
of an appropriate air pollution control device : Provided, b) For light commercial vehicles, the exhaust emission
That an extension of not more than twelve (12) months limit of gaseous pollutants as a function of the given
may be allowed by the Department on meritorious reference mass shall be:
grounds.
SEC. 20. Ban on Incineration.- Incineration, hereby Reference Weight (RW) (kg)
defined as the burning of municipal, biomedical and CO (g/km)
hazardous waste, which process emits poisonous and HC + NOx (g/km)
toxic fumes is hereby prohibited; Provided, however, PMa (g/km)
That the prohibition shall not apply to traditional small- Category 1
scale method of community/neighborhood sanitation 1250< RW
“siga”, traditional, agricultural, cultural, health, and food 2.72
preparation and crematoria; Provided, further, That 0.97
existing incinerators dealing with a biomedical wastes 0.14
shall be out within three (3) years after the effectivity of Category 2
this Act; Provided, finally, that in the interim, such units 1250< RW<1700
shall be limited to the burning of pathological and 5.17
infectious wastes, and subject to close monitoring by the 1.4
Department. 0.19
Local government units are hereby mandated to Category 3
RW>1700 of training institutions, instructors and facilities and the
6.9 licensing of qualified private service centers and their
1.7 technicians as prerequisite for performing the testing,
0.25 servicing, repair and the required adjustment to the
vehicle emission system. The DTI shall likewise
a for compression-ignition engines only prescribe regulations requiring the disclosure of
c) For heavy duty vehicles, the exhaust emission limits odometer readings and the use of tamper-resistant
of gaseous pollutants shall be: odometers for all motor vehicles including tamper-
CO resistant fuel management systems for the effective
(g/k/Wh) implementation of the inspection and maintenance
HC program.
(g/k/Wh) SEC. 22. Regulation of All Motor Vehicles and Engines.-
NOx Any imported new or locally-assembled new motor
(g/k/Wh) vehicle shall not be registered unless it complies with the
PM emission standards set pursuant to this Act, as
(g/k/Wh) evidenced by a Certificate of Conformity (COC) issued
4.5 by the Department.
1.1 Any imported new motor vehicle engine shall not be
8.0 introduced into commerce, sold or used unless it
0.36a complies with emission standards set pursuant to this
Act.
a In the case of engines of 85 kW or less, the limit value Any imported used motor vehicle or rebuilt motor vehicle
for particular emissions in increased by multiplying the using new or used engines, major parts or components
quoted limit by a coefficient of 1.7 shall not be registered unless it complies with the
Fuel evaporative emission for spark-ignition engines emission standards.
shall not exceed 2.0 grams hydrocarbons per test. In case of non-compliance, the importer or consignee
Likewise, it shall not allow any emission of gases from may be allowed to modify or rebuild the vehicular engine
crankcase ventilation system into the atmosphere. so it will be in compliance with applicable emission
b) The Department, in collaboration with the DOTC, DTI standards.
and LGUs, shall develop an action plan for the control No motor vehicle registration (MVR) shall be issued
and management of air pollution from motor vehicles unless such motor vehicle passes the emission testing
consistent with the Integrated Air Quality Framework. requirement promulgated in accordance with this Act.
The DOTC shall enforce compliance with the emission Such testing shall be conducted by the DOTC or its
standards for motor vehicles set by the Department. The authorized inspection centers within sixty (60) days prior
DOTC may deputize other law enforcement agencies to date of registration.
and LGUs for this purpose. To this end, the DOTC shall The DTI shall promulgate the necessary regulations
have the power to: prescribing the useful life of vehicles and engines
[1] Inspect and monitor the emissions of motor vehicles; including devices in order to ensure that such vehicles
[2] Prohibit or enjoin the use of motor vehicles or a class will conform to the emissions which they were certified to
of motor vehicles in any area or street at specified times; meet. These regulations shall include provisions for
and ensuring the durability of emission devices.
[3] Authorize private testing emission testing centers SEC. 23. Second-Hand Motor Vehicle Engines.- Any
duly accredited by the DTI. imported second-hand motor vehicle engine shall not be
c) The DOTC, together with the DTI and the Department, introduced into commerce, sold or used unless it
shall establish the procedures for the inspection of motor complies with emission standards set pursuant to this
vehicles and the testing of their emissions for the Act.
purpose of determining the concentration and/or rate of Article Five
pollutants discharged by said sources. Pollution from Other Sources
d) In order to ensure the substantial reduction of SEC. 24. Pollution from smoking.- Smoking inside a
emissions from motor vehicles, the Department of Trade public building or an enclosed public place including
and Industry (DTI), together with the DOTC and the public vehicles and other means of transport or in any
Department shall formulate and implement a national enclosed area outside of one’s private residence, private
motor vehicle inspection and maintenance program that place of work or any duly designated smoking area is
will promote efficient and safe operation of all motor hereby prohibited under this Act. This provision shall be
vehicles. In this regard, the DTI shall develop and implemented by the LGUs.
implement standards and procedures for the certification SEC. 25. Pollution from other mobile sources.- The
Department, in coordination with appropriate agencies, supply, offer for sale, dispense, transport or introduce
shall formulate and establish the necessary standards into commerce automotive diesel fuel which contains a
for all mobile sources other than those referred to in Sec. concentration of sulfur in excess of 0.20% by weight with
21 of this Act. The imposition of the appropriate fines a cetane number of index of not less than forty-eight
and penalties from these sources for any violation of (48): Provided, That by year 2004, content of said sulfur
emission standards shall be under the jurisdiction of the shall be 0.05% by weight; and
DOTC. c) not later than eighteen (18) months after the effectivity
of this Act, no Person shall manufacture, import, sell,
supply, offer for sale, dispense, transport or introduce
Chapter 3 into commerce industrial diesel fuel which contains a
Fuels, Additives, Substances and Pollutants concentration of sulfur in excess of 0.30% (by weight).
Article One Every two (2) years thereafter or as the need arises, the
Fuels, Additives and Substances specifications of unleaded gasoline and of automotive
SEC. 26. Fuels and Additives.- Pursuant to the Air and industrial diesel fuels shall be reviewed and revised
Quality Framework to be established under Section 7 of for further improvement in formulation and in accordance
this Act, the Department of Energy (DOE), co-chaired by with the provisions of this Act.
the Department of Environment and Natural Resources The fuels characterized above shall be commercially
(DENR), in consultation with the Bureau of Product available. Likewise, the same shall be the reference
Standards (BPS) of the DTI, the DOST, the fuels for emission and testing procedures to be
representatives of the fuel and automotive industries, established in accordance with the provisions of this Act.
academe and the consumers shall set the specifications Any proposed additive shall not in any way increase
for all types of fuel and fuel-related products, to improve emissions of any of the regulated gases which shall
fuel composition for increased efficiency and reduced include, but not limited to carbon monoxide,
emissions: Provided, however, that the specifications for hydrocarbons, and oxides of nitrogen and particulate
all types of fuel and fuel-related products set-forth matter, in order to be approved and certified by the
pursuant to this section shall be adopted by the BPS as Department.
Philippine National Standards (PNS). SEC. 27. Regulation of Fuels and Fuel Additives.- The
The DOE shall also specify the allowable content of DOE, in coordination with the Department and the BPS,
additives in all types of fuels and fuel-related products. shall regulate the use of any fuel or fuel additive. No
Such standards shall be based primarily on threshold manufacturer, processor or trader of any fuel or additive
levels of health and research studies. On the basis of may import, sell, offer for sale, or introduce into
such specifications, the DOE shall likewise limit the commerce such fuel for additive unless the same has
content or begin that phase-out of additives in all types been registered with the DOE. Prior to registration, the
of fuels and fuel-related products as it may deem manufacturer, processor or trader shall provide the DOE
necessary. Other agencies involved in the performance with the following relevant information:
of this function shall be required to coordinate with the a) Product identity and composition to determine the
DOE and transfer all documents and information potential health effects of such fuel additives;
necessary for the implementation of this provision. b) Description of the analytical technique that can be
Consistent with the provisions of the preceding used to detect and measure the additive in any fuel;
paragraphs under this section, it is declared that: c) Recommended range of concentration; and
a) not later than eighteen (18) months after the effectivity d) Purpose in the use of the fuel and additive.
of this Act, no person shall manufacture, import, sell, SEC. 28.Misfueling.- In order to prevent the disabling of
supply, offer for sale, dispense, transport or introduce any emission control device by lead contamination, no
into commerce unleaded premium gasoline fuel which person shall introduce or cause or allow the introduction
has an anti-knock index (AKI) of not less that 87.5 and of leaded gasoline into any motor vehicle equipped with
Reid vapor pressure of not more than 9 psi. Within six a gasoline tank filler inlet and labeled “unleaded gasoline
(6) months after the effectivity of this Act, unleaded only“. This prohibition shall also apply to any person who
gasoline fuel shall contain aromatics not to exceed forty- knows or should know that such vehicle is designed
five percent (45%) by volume and benzene not to solely for the use of unleaded gasoline.
exceed four percent (4%) by volume; Provided, that by SEC. 29. Prohibition on Manufacture, Import and Sale of
year 2003, unleaded gasoline fuel should contain leaded Gasoline and of Engines and/or Components
aromatics not to exceed thirty-five percent (35%) by Requiring Leaded Gasoline.- Effective not later than
volume and benzene not to exceed two percent (2%) by eighteen (18) months after the enactment of this Act, no
volume; person shall manufacture, import, sell, offer for sale,
b) not later than eighteen (18) months after the effectivity introduce into commerce, convey or otherwise dispose
of this Act, no person shall manufacture, import, sell, of, in any manner, leaded gasoline and engines and
components requiring the use of leaded gasoline. SEC. 34. Lead Agency.- The Department, unless
For existing vehicles, the DTI shall formulate standards otherwise provided herein, shall be the primary
and procedures that will allow non-conforming engines government agency responsible for the implementation
to comply with the use of unleaded fuel within five(5) and enforcement of this Act. To be more effective in this
years after the effectivity of this Act. regard, The Department’s Environmental Management
Article Two Bureau (EMB) shall be converted from a staff bureau to
Other Pollutants a line bureau for a period of no more than two (2) years,
SEC. 30. Ozone-Depleting Substances.- Consistent with unless a separate, comprehensive environmental
the terms and conditions of the Montreal Protocol on management agency is created.
Substances that Deplete the Ozone Layer and other SEC. 35. Linkage Mechanism.- The Department shall
international agreements and protocols to which the consult, participate, cooperate and enter into agreement
Philippines is a signatory, the Department shall phase with other government agencies, or with affected non-
out ozone-depleting substances. governmental (NGOs) or people’s organizations
Within sixty (60) days after the enactment of this Act, the (POs),or private enterprises in the furtherance of the
Department shall publish a list of substances which are objectives of this Act.
known to cause harmful effects on the stratospheric SEC. 36. Role of Local Government Units.- Local
ozone layer. Government Units (LGUs) shall share the responsibility
SEC. 31. Greenhouse Gases.- The Philippine in the management and maintenance of air quality within
Atmospheric, Geophysical and Astronomical Service their territorial jurisdiction. Consistent with Sections 7, 8
Administration (PAGASA) shall regularly monitor and 9 of this Act, LGUs shall implement air quality
meteorological factors affecting environmental conditions standards set by the Board in areas within their
including ozone depletion and greenhouse gases and jurisdiction; Provided, however, That in case where the
coordinate with the Department in order to effectively board has not been duly constituted and has not
guide air pollution monitoring and standard-setting promulgated its standards, the standards set forth in this
activities. Act shall apply.
The Department, together with concerned agencies and The Department shall provide the LGUs with technical
local government units, shall prepare and fully assistance, trainings and a continuing capability-building
implement a national plan consistent with the United program to prepare them to undertake full administration
Nations Framework Convention on Climate Change and of the air quality management and regulation within their
other international agreements, conventions and territorial jurisdiction.
protocols on the reduction of greenhouse gas emissions SEC. 37. Environmental and Natural Resources Office.-
in the country. There may be established an Environment and Natural
SEC. 32. Persistent Organic Pollutants.- The Resources Office in every province, city, or municipality
Department shall, within a period of two (2) years after which shall be headed by the environment and natural
the enactment of this Act, establish an inventory list of all resources officer and shall be appointed by the Chief
sources of Persistent Organic Pollutants (POPs) in the Executive of every province, city or municipality in
country. The Department shall develop short-term and accordance with the provisions of Section 484 of
long-term national government programs on the Republic Act No. 7160. Its powers and duties, among
reduction and elimination of POPs such as dioxins and others, are:
furans. Such programs shall be formulated within a year a) To prepare comprehensive air quality management
after the establishment of the inventory list. programs, plans and strategies within the limits set forth
SEC. 33. Radioactive Emissions.- All projects which will in Republic act. No. 7160 and this Act which shall be
involve the use of atomic and/or nuclear energy, and will implemented within its territorial jurisdiction upon the
entail release and emission of radioactive substances approval of the sanggunian;
into the environment, incident to the establishment or b) To provide technical assistance and support to the
possession of nuclear energy facilities and radioactive governor or mayor, as the case may be, in carrying out
materials, handling, transport, production, storage, and measures to ensure the delivery of basic services and
use of radioactive materials, shall be regulated in the the provision of adequate facilities relative to air quality;
interest of public health and welfare by the Philippine c) To take the lead in all efforts concerning air quality
Nuclear Research Institute (PNRI), in coordination with protection and rehabilitation;
Department and other appropriate government agencies. d) To recommend to the Board air quality standards
which shall not exceed the maximum permissible
standards set by rational laws;
e) To coordinate with other government agencies and
Chapter 4 non-governmental organizations in the implementation of
Institutional Mechanism measures to prevent and control air pollution; and
f) Exercise such other powers and perform such duties private sector including NGOs, POs, the academe,
and functions as may be prescribed by law or ordinance: environmental groups and other private entities in a
Provided, however, That in multi-sectoral information campaign.
provinces/cities/municipalities where there are no
environment and natural resources officers, the local
executive concerned may designate any of his official Chapter 5
and/or chief of office preferably the provincial, city or Actions
municipal agriculturist, or any of his employee: Provided, SEC. 40. Administrative Action.- Without prejudice to the
finally, That in case an employee is designated as such, right of any affected person to file an administrative
he must have sufficient experience in environmental and action, the Department shall, on its own instance or upon
natural resources management, conservation and verified complaint by any person, institute administrative
utilization. proceedings against any person who violates:
SEC. 38. Record-keeping, Inspection, Monitoring and (a) Standards or limitation provided under this Act; or
Entry by the Department.- The Department or its duly (b) Any order, rule or regulation issued by the
accredited entity shall, after proper consultation and Department with respect to such standard or limitation.
notice, require any person who owns or operates any SEC. 41. Citizen Suits.- For purposes of enforcing the
emissions source or who is subject to any requirement of provisions of this Act or its implementing rules and
this Act to: regulations, any citizen may file an appropriate civil,
(a) establish and maintain relevant records; criminal or administrative action in the proper courts
(b) make relevant reports; against:
(c) install, use and maintain monitoring equipment or (a) Any person who violates or fails to comply with the
methods; provisions of this Act or its implementing rules and
(d) sample emission, in accordance with the methods, regulations; or
locations, intervals and manner prescribed by the (b) The Department or other implementing agencies with
Department; respect to orders, rules and regulations issued
(e) keep records on control equipment parameters, inconsistent with this Act; and/or
production variables or other indirect data when direct (c) Any public officer who willfully or grossly neglects the
monitoring of emissions is impractical; and performance of an act specifically enjoined as a duty by
(f) provide such other information as the Department this Act or its implementing rules and regulations; or
may reasonably require. abuses his authority in the performance of his duty; or, in
Pursuant to this Act, the Department, through its any manner, improperly performs his duties under this
authorized representatives, shall have the right of: Act or its implementing rules and regulations: Provided,
(a) entry or access to any premises including documents however, That no suit can be filed until thirty-day (30)
and relevant materials as referred to in the herein notice has been taken thereon.
preceding paragraph; The court shall exempt such action from the payment of
(b) inspect any pollution or waste source, control device, filing fees, except fees for actions not capable of
monitoring equipment or method required; and pecuniary estimations, and shall likewise, upon prima
(c) test any emission. facie showing of the non-enforcement or violation
Any record, report or information obtained under this complained of, exempt the plaintiff from the filing of an
section shall be made available to the public, except injunction bond for the issuance of a preliminary
upon a satisfactory showing to the Department by the injunction.
entity concerned that the record, report or information, or Within thirty (30) days, the court shall make a
parts thereof, if made public, would divulge secret determination if the compliant herein is malicious and/or
methods or processes entitled to protection as baseless and shall accordingly dismiss the action and
intellectual property. Such record, report or information award attorney’s fees and damages.
shall likewise be incorporated in the Department’s SEC. 42. Independence of Action.- The filing of an
industrial rating system. administrative suit against such person/entity does not
SEC. 39. Public Education and Information Campaign.- preclude the right of any other person to file any criminal
A continuing air quality information and education or civil action. Such civil action shall proceed
campaign shall promoted by the Department, the independently.
Department of Education, Culture and Sports (DECS), SEC. 43. Suits and Strategic Legal Actions Against
the Department of the Interior and Local Government Public Participation and the Enforcement of This Act.-
(DILG), the Department of Agriculture (DA) and the Where a suit is brought against a person who filed an
Philippine Information Agency (PIA). Consistent with action as provided in Sec. 41 of this Act, or against any
Sec. 7 of this Act, such campaign shall encourage the person, institution or government agency that
participation of other government agencies and the implements this Act, it shall be the duty of the
investigating prosecutor or the court, as the case may development or construction, or cessation of operations
be, to immediately make a determination not exceeding during the pendency of the case upon prima facie
thirty (30) days whether said legal action has been filed evidence that their is imminent threat to life, public
to harass, vex, exert undue pressure or stifle such legal health, safety or general welfare, or to plant or animal
recourses of the person complaining of or enforcing the life, or whenever there is an exceedance of the emission
provisions of this Act. Upon determination thereof, standards set by the Department and/or the Board
evidence warranting the same, the court shall dismiss and/or the appropriate LGU.
the case and award attorney’s fees and double SEC. 46. Violation of Standards for Motor Vehicles.- No
damages. motor vehicle shall be registered with the DOTC unless it
This provision shall also apply and benefit public officers meets the emission standards set by the Department as
who are sued for acts committed in their official capacity, provided in Sec. 21 hereof.
their being no grave abuse of authority, and done in the Any vehicle suspected of violation of emission standards
course of enforcing this Act. through visual signs, such as, but not limited to smoke-
SEC. 44. Lien Upon Personal and Immovable Properties belching, shall be subjected to an emission test by a duly
of Violators.- Fines and penalties imposed pursuant to authorized emission testing center. For this purpose, the
this Act shall be liens upon personal or immovable DOTC or its authorized testing center shall establish a
properties of the violator. Such lien shall, in case of roadside inspection system. Should it be shown that
insolvency of the respondent violator, enjoy preference there was no violation of emission standards, the vehicle
to laborer’s wages under Articles 2241 and 2242 of shall be immediately released. Otherwise, a testing
Republic Act No. 386, otherwise known as the New Civil result indicating an exceedance of the emission
Code of the Philippines. standards would warrant the continuing custody of the
impounded vehicle unless the appropriate penalties are
fully paid, and the license plate is surrendered to the
Chapter 6 DOTC pending the fulfillment of the undertaking by the
Fines and Penalties owner/operator of the motor vehicle to make the
SEC. 45. Violation of Standards for Stationary Sources.- necessary repairs so as to comply with the standards. A
For actual exceedance of any pollution or air quality pass shall herein be issued by the DOTC to authorize
standards under this Act or its rules and regulations, the the use of the motor vehicle within a specified period that
Department, through the Pollution Adjudication Board shall not exceed seven (7) days for the sole purpose of
(PAB), shall impose a fine of not more than One hundred making the necessary repairs on the said vehicle. The
thousand pesos (P100,000.00) for every day of violation owner/operator of the vehicle shall be required to correct
against the owner or operator of a stationary source until its defects and show proof of compliance to the
such time that the standards have been complied with. appropriate pollution control office before the vehicle can
For purposes of the application of the fines, the PAB be allowed to be driven on any public or subdivision
shall prepare a fine rating system to adjust the maximum roads.
fine based on the violator’s ability to pay, degree of In addition, the driver and operator of the apprehended
willfulness, degree of negligence, history of non- vehicle shall undergo a seminar on pollution control
compliance and degree of recalcitrance: Provided, That management conducted by the DOTC and shall also
in case of negligence, the first time offender’s ability to suffer the following penalties:
pay may likewise be considered by the Pollution a) First Offense - a fine not to exceed Two Thousand
Adjudication Board: Provided, further, That in the Pesos (P2,000.00);
absence of any extenuating or aggravating b) Second Offense - a fine not less than Two Thousand
circumstances, the amount of fine for negligence shall Pesos (P2,000.00) and not to exceed Four Thousand
be equivalent to one-half of the fine for willful violation. Pesos (P4,000.00); and
The fines herein prescribed shall be increased by at c) Third offense - one (1) year suspension of the Motor
least ten percent (10%), every three (3) years to Vehicle Registration (MVR) and a fine of not less than
compensate for inflation and to maintain the deterrent Four Thousand Pesos (P4,000.00) and not more than
function of such fines. Six thousand pesos (P6,000.00).
In addition to the fines, the PAB shall order closure, Any violation of the provisions of Sec. 21 paragraph (d)
suspension of development, construction, or operations with regard to national inspection and maintenance
of the stationary sources until such time that proper program, including technicians and facility compliance
environmental safeguards are put in place: Provided, shall penalized with a fine of not less than Thirty
That an establishment liable for a third offense shall Thousand Pesos (P30,000.00) or cancellation of license
suffer permanent closure immediately. This paragraph of both the technician and the center, or both, as
shall be without prejudice to the immediate issuance of determined by the DTI.
an ex parte order for such closure, suspension of All law enforcement officials and deputized agents
accredited to conduct vehicle emissions testing and appropriated for the initial implementation of this Act, of
apprehensions shall undergo a mandatory training on which, the amount of Three Hundred Million Pesos
emission standards and regulations. For this purpose, (P300,000,000.00) shall be appropriated to the
the Department, together with the DOTC, DTI, DOST, Department; Two Hundred Million Pesos
Philippine National Police (PNP) and other concerned (P200,000,000.00) to the DTI; One Hundred Fifty Million
agencies and private entities shall design a training Pesos (P150,000,000.00) to the DOTC; and One
program. Hundred Million Pesos (P100,000,000.00) to the DOE.
SEC. 47. Fines and Penalties for Violations of Other Thereafter, the amount necessary to effectively carry out
Provisions in the Act.- For violations of all other the provisions of this Act shall be included in the General
provisions provided in this Act and of the rules and Appropriations Act.
regulations thereof, a fine of not less than Ten thousand SEC. 51. Implementing Rules and Regulations.- The
pesos (P10,000) but not more than One Hundred Department, in coordination with the Committees on
thousand Pesos (P100,000) or six (6) months to six (6) Environment and Ecology of the Senate and House of
years imprisonment or both shall be imposed. If the Representatives, respectively and other agencies, shall
offender is a juridical person, the president, manager, promulgate the implementing rules and regulations for
directors, trustees, the pollution control officer or the this Act, within one (1) year after the enactment of this
officials directly in charge of the operations shall suffer Act: Provided, That rules and regulations issued by other
the penalty herein provided. government agencies and instrumentalities for the
SEC. 48. Gross Violations.- In case of gross violation of prevention and/or abatement of pollution not inconsistent
this Act or its implementing rules and regulations, the with this Act shall supplement the rules and regulations
PAB shall recommend to the proper government issued by the Department pursuant to the provisions of
agencies to file the appropriate criminal charges against this Act.
the violators. The PAB shall assist the public prosecutor SEC. 52. Report to Congress.- The Department shall
in the litigation of the case. Gross violation shall mean: report to Congress, not later than March 30 of every year
[a] three (3) or more specific offenses within a period of following the approval of this Act, the progress of the
one (1) year; pollution control efforts and make the necessary
[b] three (3) or more specific offenses with three (3) recommendations in areas where there is need for
consecutive years; legislative action.
[c] blatant disregard of the orders of the PAB, such s but SEC. 53. Joint Congressional Oversight Committee.-
not limited to the breaking of seal, padlocks and other There is hereby created a joint congressional oversight
similar devices, or operation despite the existence of an committee to monitor the implementation of this Act. The
order for closure, discontinuance or cessation of committee shall be composed of five (5) senators and
operation; and five (5) representatives to be appointed by the Senate
[d] irreparable or grave damage to the environment as a President and the Speaker of the House of
consequence of any violation of the provisions of this Representatives, respectively, the oversight committee
Act. shall be co-chaired by a senator and a representative
Offenders shall be punished with imprisonment of not designated by the Senate President and the Speaker of
less than six (6) years but not more than ten (10) years the House of Representatives, respectively.
at the discretion of the court. If the offender is a juridical The mandate given to the joint congressional oversight
person, the president, manager, directors, trustees, the committee under this Act shall be without prejudice to
pollution control officer or the officials directly in charge the performance of the duties and functions by the
of the operations shall suffer the penalty herein provided. respective existing oversight committees of the Senate
and the House of Representatives.
SEC. 54.Separability of Provisions.- If any provision of
this Act or the application of such provision to any
person or circumstances is declared unconstitutional, the
remainder of the Act or the application of such provision
Chapter 7 to other person or circumstances shall not be affected by
Final Provisions such declaration.
SEC. 49. Potential Loss or Shifts of Employment.- The SEC. 55. Repealing Clause.- Presidential Decree No.
Secretary of Labor is hereby authorized to establish a 1181 is hereby repealed. Presidential Decrees Nos.
compensation, retraining and relocation program to 1152, 1586 and Presidential Decree No. 984 are partly
assist workers laid off due to a company’s compliance modified. All other laws, orders, issuance, rules and
with the provisions of this Act. regulations inconsistent herewith are hereby repealed or
SEC. 50. Appropriations.- An amount of Seven Hundred modified accordingly.
Fifty Million Pesos (P750,000,000.00) shall be SEC. 56.Effectivity.- This Act shall take effect fifteen (15)
days from the date of its publication in the Official
Gazette or in at least two (2) newspapers of general
circulation.