Midterm Natres For Print

NATURAL RESOURCES CY 2017-2018
MIDTERMS
REVISED FORESTRY CODE OF THE PHILIPPINES
FORESTRY LAWS OF THE PHILIPPINES

Ø 1st- PD No. 339, Otherwise known as the Forestry Reform Code of the Philippines
Ø 2nd- PD 705 or Revised Forestry Code (May 19, 1975)
Ø 3rd- Executive Order 277 (July 25, 1987)- amended Section 68 of PD 705.
SECTION 2: STATE POLICIES

- The state hereby adopts the following policies:
(a) the multiple uses of forest lands shall be oriented to the development and progress
requirements of the country, the advancement of science and technology, and the public welfare;
(b) Land classification and survey shall be systematized and hastened;
(c) The establishment of wood- processing plants shall be encouraged and rationalized; and
(d) The protection, development and rehabilitation of forest lands shall be emphasized so
as to ensure their continuity in productive condition.
SECTION 3: DEFINITION OF TERMS

(d) FOREST LANDS include the public forest, the permanent forest of forest reserves, and forest
reservations.
(a) PUBLIC FOREST is the mass of lands of the public domain which has not been the subject of
the present system of classification for the determination of which lands are needed for forest
purposes and which are not.
(b) PERMANENT FOREST OR FOREST RESERVES refers to those lands of the public domain
which have been subject of the present system of classification and determined to be needed for
forest purposes.
Ex. Angat Watershed Forest Reserve; Malagos Forest Reserves (established in 1933, with an
area of 235 hectares)
(g) FOREST RESERAVTIONS refer to forest lands which have been reserved by the President
of the Philippines for any specific purpose or purposes.
Classification of Philippines’ Land Resources

Forest Land Alienable and Disposable Land
52.21% of 15 million hectares 47.79% of 14 million hectares
DENR: IMPLEMENTING AGENCY

Ø Under Chapter 1, Title XIV of EO 292, It is the DENR Secretary, who has the primary
mandate for the implementation of the provisions of PD 705.
Ø DENR is the primary agency which exercises SUPERVISION AND CONTROL over forest
lands, alienable and disposable public lands, mineral resources.
Ø In the process of exercising such control, impose appropriate taxes, fees, charges, rentals
and any such form of levy and collect such revenues for the exploration, development,
utilization or gathering of such resources
Kyasurin Notes 1
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Q. CAN THE COURTS INTERFERE IN THE POLICY DETERMINATION BY THE EXECUTIVE
BRANCH ON THE PROPER MANAGAMENT OF FOREST RESOURCES? (Ysmael vs Deputy
Exec Secretary)
A. A long line of cases establish the basic rule that the courts will not interfere in matters which
are addressed to the sound discretion of the government agencies entrusted with the regulation
of activities coming under the special technical knowledge and training of such agencies.
Q. DOES THE DENR HAVE THE SOLE AUTHORITY IN ISSUING PERMITS RELEVANT TO
THE TRANSPORTATION OF SALVAGES FOREST PRODUCTS? (Ruzol v Sandiganbayan)
A. No. DENR is not the sole government agency vested with authority to issue permits relevant
to the transportation of salvaged forest products considering that pursuant to the general welfare
clause, LGUs may also exercise such authority.
Sec. 16. General Welfare- Every local government unit shall exercise the powers
expressly grated, those necessarily implied therefrom, as well as powers necessary, appropriate,
or incidental for its efficient and effective governance, and those which are essential to the
promotion of the general welfare. Within their respective territorial jurisdiction, local
government units shall ensure and support, among other things, the preservation and
enrichment of culture, promote health and safety, enhance the right of the people to a balanced
ecology, encourage and support the development of appropriate and self- reliant scientific and
technological capabilities, improve public morals, enhance economic residents, maintain peace
and order, and preserve the comfort and convenience of their inhabitants.
Section 16, encapsulates the delegated police power to local governments. Local
government units EXERCISE police power through their respective legislative bodies.
Evidently, the Local Government Code of 1991 is unequivocal that the municipal mayor has the
power to issue licenses and permits and suspend or revoke the same for any violation of
the conditions upon which said licenses or permits had been issued, pursuant to law or
ordinance.
Forestlands, although under the management of the DENR, are not exempt from the
territorial application of municipal laws for local government units legitimately exercise their
powers of government over their defines territorial jurisdiction.
FOREST MANAGEMENT BUREAU (FMB)

Ø Formerly Bureau of Forest Development (Sections 4-12 of PD 705)
Ø The bureau of Forestry, Reforestation Administration, Park and Wildlife office have been
merged into a single agency known as FMB.
Ø FMB is under the direct supervision of DENR Secretary who may promulgate rules and
regulations necessary to implement the provisions of this Code.
JURISDICTION OF THE FMB

Ø Section 5. Jurisdiction of bureau. The Bureau shall have jurisdiction and authority over all
forest lands, grazing lands and all forest reservations including watershed reservations
presently administered by other government agencies or instrumentalities.
(1) It shall be responsible for the protection, development, management, regeneration,
and reforestation of forest lands.
Kyasurin Notes 2
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(2) the regulation and supervision of the operation of licenses, lessees and
permittees for the taking or use of forest products therefrom of the occupancy or use
thereof;
(3) the implementation of multiple use and sustained yield management in forest
lands;
(4) the protection, development and preservation of national parks, marine parks,
game refuges and wildlife;
(5) the implementation of measures and programs to prevent kaingin and managed
occupancy of forest and grazing lands;
(6) in collaboration with other bureaus, the effective, efficient and economic
classification of lands of the public domain; and (DAR and NCIP)
(7) the enforcement of forestry, reforestation, parks, game and wildlife laws, rules,
and regulations;
(8) the bureau shall regulate the establishment and operational sawmills, veneer and
plywood mills and other wood processing plants and conduct studies of domestic and
world markets of forest products.
Ø In Lagua vs Cusi, GR No. L-44649, April 15, 1988)
o The power of the FMB does not include the power to determine whether the clause
of a logging road is legal or illegal (Easement). They are also not allowed to grant
damages. That is a matter that may be threshed out in a judicial proceeding.
o So, not every activity inside a forest area is subject to the jurisdiction of the Bureau.
Ø Review of FMB Director’s Decisions
o Section 7. Supervision and Control. The bureau shall be directly under the control
and supervision of the Secretary of the Department of Natural Resources,
hereinafter referred to as the Department Head.
Ø FMB Director –> DENR Secretary –> Office of the President
o It is subject to review (motu proprio or upon appeal) to the DENR Secretary.
o The decision of the DENR Secretary shall be final and executory after the lapse
of 30 days from receipt by the aggrieved party unless appealed to the Office of the
President.
o DENR Secretary’s decision may not be reviewed by courts except thru a special
civil action for certiorari.
EXHAUSTION OF ADMINISTRATIVE LIABILITIES (Paat vs CA)

Q. What is a Writ of Replevin
Q. Can a Replevin prosper in order to recover a movable property which is the subject matter of
an administrative forfeitures proceeding?
A. Moreover, it is important to point out that the enforcement of forestry laws, rules and regulations
and the protection, development and management of forest lands fall within the primary and
special responsibilities of the Department of Environment and Natural Resources. By the very
nature of its function, the DENR should be given a free hand unperturbed by judicial intrusion to
determine a controversy which is well within its jurisdiction. The assumption by the trial court,
therefore, of the replevin suit filed by private respondents constitutes an unjustified
encroachment into the domain of the administrative agencys prerogative. The doctrine of primary
Kyasurin Notes 3
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jurisdiction does not warrant a court to arrogate unto itself the authority to resolve a controversy
the jurisdiction over which is initially lodged with an administrative body of special competence.
FINALITY OF ADMINISTRATIVE DECISIONS

Ø It is an established doctrine that decisions and orders of administrative agencies have,
upon their finality, the force and binding effect of a final judgement within the purview of
res judicata.
Ø The decisions of the DENR and other quasi-judicial agencies are conclusive upon the
rights of the affected parties as though they are rendered by a court of general jurisdiction
9already decided with finality).
Ø Being res judicata, it forbids the reopening of the matter once determined by a competent
authority acting within their exclusive jurisdiction.
Q. CAN YOU BE BARRED LACHES IF YOU FAILED TO FILE A SPECIAL CIVIL ACTION FOR
CERTIORARI SEEKING TO NULLIFY THE MEMORANDUM ISSUED BY QUASI- JUDICIAL
AGENCY? (Ysmael vs Deputy Executive Secretary)
A. Laches is defined as the failure or neglect for an unreasonable and unexplained length of time
to do that which by exercising due diligence, could or should have been done earlier, or to assert
a right within a reasonable time, warranting a presumption that the party entitled thereto has either
abandoned it or declined to assert it. The rule is that unreasonable delay on the part of a plaintiff
in seeking to enforce an alleged right may, depending upon the circumstances, be destructive of
the right itself. Verily, the laws aid those who are vigilant, not those who sleep upon their rights.
In the case at bar, petitioner waited for at least three years before it finally filed a petition
for certiorari with the Court attacking the validity of the assailed Bureau actions in 1983 and 1984.
Considering that petitioner, throughout the period of its inaction, was not deprived of the
opportunity to seek relief from the courts which were normally operating at the time, its delay
constitutes unreasonable and inexcusable neglect, tantamount to laches. Accordingly, the writ of
certiorari requiring the reversal of these orders will not lie.
CLASSIFICATION AND SURVEYS

Ø Section 13. System of Land Classification. The Department Head (DENR Secretary) shall
study, devise, determine and prescribe the criteria, guidelines and methods for the proper
and accurate classification and survey of all lands of the public domain into agricultural,
industrial or commercial, residential, resettlement, mineral , timber or forest, and grazing
lands, and into such other classes as now or may hereafter be provided by law, rules and
regulations.
Ø He shall decree those classified and determined not to be needed for forest purposes as
alienable and disposable lands, the administrative jurisdiction and management of which
shall be transferred to the bureau of Lands: Provided, that mangrove and other swamps
for fishpond purposes shall be released to, and be placed under the administrative
jurisdiction and management of, the bureau of Fisheries and Aquatic Resources.
Those still to be classified under the Present system shall continue to remain as part of
the public forest.
Kyasurin Notes 4
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PUBLIC FOREST OR FOREST RESERVES ARE NOT CAPABLE OF PRIVATE
APPROPRIATION
Ø Republic vs CA and Carantes
o Unless they are declassified by a positive act of the government so that they may
form part of the disposable agricultural lands of the public domain.- belongs to the
executive branch and not to the courts.
o Classification of land is descriptive of its legal nature and not what the land actually
looks like.
MANGROVE SWAMPS ARE IN THE CATEGORY OF FOREST LANDS

Ø Mangrove swamps or manglares are included in the public forest of the Philippines
Ø The classification of the mangrove swamps as forestlands is descriptive of its legal nature
or status and does not have to be descriptive of what the land actually looks like.
Ø Therefore, even if the lands is dry, there are no mangrove trees, then it is still a mangrove
land or forest lands, possession of which, no matter how long, will not ripen into ownership.
Q. WHAT IF THERE WAS A SURVEY PLAN APPROVED BY THE DIRECTOR OF LANDS,

INDICATING THAT THE MANGROVE SWAMP IS AGRICULTURAL LAND, WHAT IS THE
EFFECT?
A. Director of Forestry vs Villareal
Ø the mere existence of such a plan would not have the effect of converting the mangrove
swamps, as forest land, into agricultural land.
Ø The Director of Lands was not authorized to act in the premises. Under the aforecited law,
it is the Director of Forestry who has the authority to determine whether forest land is more
valuable for agricultural rather than forestry uses, as a basis for its declaration as
agricultural land and release for private ownership.
Q. IF THE DIRECTOR OF LANDS DOESN’T HAVE THE AUTHORITY TO DECLARE

MANGROVE LANDS AS FOREST LANDS, HOW ABOUT THE BFAR? DOES IT HAVE THE
AUTHORITY TO RELEASE IT FOR FISHERY PURPOSES?
A. Yngson vs Secretary of Agriculture
Ø The Bureau of Fisheries has no jurisdiction to administer and dispose of swamplands or
mangrove lands forming part of the public domain while such lands are still classified as
forest land or timberland and not released for fishery or other purposes.
Ø Reiterated in the case of Republic vs CA, Marcelo; GR no. L-46048, November 29, 1988
RESERVATION OF FOREST LANDS AND OFF-SHORE AREAS

Ø Section 18. Reservations in forest lands and off-shore areas. The President of the
Philippines may establish within any lands of the public domain, forest reserve and forest
reservation for the national park system, for preservation as critical watersheds, or for any
other purpose, and modify boundaries of existing ones. The Department Head may
reserve and establish any portion of the public forest or forest reserve as site or
experimental forest for use of the Forest Research Institute.
Ø Reservation of land, covered by a timber concession for experiment station vests in the
grantee full ownership thereof.
Kyasurin Notes 5
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Q. WHAT HAPPENS IF DURNG THE PENDENCY OF THE TIMBER CONCESSION, AN

EXECUTIVE ORDER AND SUBSEQUENTLY A LAW WAS ENACTED CEDING TO
ANOTHER THE PARCEL OF LAND COVERED BY THE TIMBER CONCESSION, WHAT
WILL PREVAIL.
A. International Hardwood and Veneer Company of the Philippines vs University of the
Philippines and Jose C Campos, Jr.
Ø The timber license agreement is respected because private rights were acknowledged
(“subject to existing rights) by the Executive Order and subsequently the RA.
Ø On the issue of collection of charges: The fees shall be remitted not to the Republic
but to UP which became the owner thereof by virtue of the EO and RA.
Ø When it ceded and transferred the property to UP, the Republic of the Philippines
completely removed it from the public domain and, more specifically, in respect to the
areas covered by the timber license of petitioner, removed and segregated it from a
public forest; it divested itself of its rights and title thereto and relinquished and
conveyed the same to the UP; and made the latter the absolute owner thereof, subject
only to the existing concession.
Ø It follows then that respondent UP is entitled to supervise, through its duly appointed
personnel, the logging, felling and removal of timber within the area covered by R.A.
No. 3990.
INTERGENERATIONAL RESPONSIBILITY
Ø Self- Executing (Bill of Rights- Article III) vs Non-self executing (Declaration of Principles;
Article II)
Ø GR: Declaration of Principles- Non Self- executing
Ø EXPN: Right to a balanced and healthful Ecology (Oposa vs Factoran)
o The Petitioners want to cancel all timber license agreements.
o Issue of Locus Standi: Yes. They have a legal standing to file.
o Petitioners minors assert that they represent their generation as well as
generations yet unborn. We find no difficulty in ruling that they can, for themselves,
for others of their generation and for the succeeding generations, file a class suit.
Their personality to sue in behalf of the succeeding generations can only be based
on the concept of intergenerational responsibility insofar as the right to a balanced
and healthful ecology is concerned. Such a right, as hereinafter expounded,
considers the "rhythm and harmony of nature."
o Needless to say, every generation has a responsibility to the next to preserve that
rhythm and harmony for the full enjoyment of a balanced and healthful ecology.
Put a little differently, the minors' assertion of their right to a sound environment
constitutes, at the same time, the performance of their obligation to ensure the
protection of that right for the generations to come.
LICENSE AGREEMENT, LICENSE, LEASE OR PERMIT

Ø Section 20. License agreement, license, lease or permit. No person may utilize, exploit,
occupy, possess or conduct any activity within any forest land, or establish and operate
Kyasurin Notes 6
MIDTERMS
any wood-processing plant, unless he has been authorized to do so under a license
agreement, lease, license, or permit.
Ø Go to DENR- FMB to secure licenses
Ø Ysmael vs Dep. Executive Secretary

o Timber licenses, permits and license agreements are the principal instruments by
which the State regulates the utilization and disposition of forest resources to the
end that public welfare is promoted.
o They merely evidence a privilege granted by the State to qualified entities, and do
not vest in the latter a permanent or irrevocable right to the particular concession
area and the forest products therein.
Ø A timber license is not a contract but a mere privilege which does not create irrevocable
rights
o Tan vs Director of Forestry GR No. L-24548, October 27, 1983
§ The Director of Forestry can cancel a concessionaire’s timber license which
comprised the entire Olangapo watershed. A timber license is not a
contract within the purview of the due process clause. It only a
privilege which can be validly withdrawn when dictated by public
interest or public welfare.
CRIMINAL OFFENSES AND PENALTIES

Ø Section 68
o Cut, gather, collect, remove timber or other forest products from ay forest land, or
timber from alienable or disposable public land, or from private land, without any
authority; or
o Possess timber or other forest products without the legal documents as required
under existing forest laws and regulations.
Ø PENALTY: penalties provided under Articles 309/310 of the RPC (Theft/ Qualified Theft)
o Theft: Arresto Menor- Prision Mayor
o Qualified Theft: Prision Coreccional- Reclusion Perpetua
Ø Q. HOW MANY OFFENSES ARE PUNISHED UNDER SECTION 68 OF PD 705, AS

AMENDED?
o A. People vs Que
§ We also reject appellants argument that the law only penalizes possession
of illegal forest products and that the possessor cannot be held liable if he
proves that the cutting, gathering, collecting or removal of such forest
products is legal. There are two (2) distinct and separate offenses punished
under Section 68 of P.D. 705, to wit:
(1) Cutting, gathering, collecting and removing timber or other forest
products from any forest land, or timber from alienable or disposable public
land, or from private land without any authority; and
(2) Possession of timber or other forest products without the legal
documents required under existing forest laws and regulations.
Kyasurin Notes 7
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In the first offense, one can raise as a defense the legality of the acts of
cutting, gathering, collecting or removing timber or other forest products by
presenting the authorization issued by the DENR. In the second offense, however,
it is immaterial whether the cutting, gathering, collecting and removal of the forest
products is legal or not. Mere possession of forest products without the proper
documents consummates the crime. Whether or not the lumber comes from a legal
source is immaterial because E.O. 277 considers the mere possession of timber
or other forest products without the proper legal documents as malum prohibitum.
OFFENSES COVERED DEFENSES WHICH MAY BE RAISED

Cutting, gathering, collecting and removing One can raise the defenses of legality of by
timber or other forest products from any forest presenting the authorization issued by he
land, or timber from alienable or disposable DENR
public land, or from private land without any
authority
Possession of timber or other forest products Immaterial whether the cutting, gathering,
without the legal documents required under collecting and removal of the forest products is
existing forest laws and regulations. legal or not.
Mere possession of forest products without

proper document consummates the crime.
WON the lumber comes from a legal source is

immaterial because EO 277 considers the
mere possession without the proper legal
documents as malum prohibitum.
Ø In these offenses, is intent necessary?

o Generally: No, it is malum prohibitum therefore, criminal intent is not necessary.
Ø What is meant by Possession under PD 705 as amended?

ACTUAL CONSTRUCTIVE
Actual possession exists when the object When the object of the crime is under the
of the crime (lumber) is in the immediate dominiom and control of the accused or
physical control of the accused. when he has the right to exercise dominion
and control over the place where it is found
Immediate possession In your backyard, in the parking space
where to parked the conveyance.
Ø Is lumber covered by Section 68 of PD 705 as amended?

o Mustang Lumber vs Factoran
TIMBER LUMBER
Timber refers to rough stock wood that Lumber is wood material that has been
hasn’t been shaped or may even refer to rough sawn and cut to length, typically in
whole trees
Kyasurin Notes 8
MIDTERMS
standard increments, such as an 8 feet
long 2x4.
• The Revised Forestry Code contains no definition of either timber or lumber.

While the former is included in forest products as defined in paragraph (a) of
Section 3, the latter is found in paragraph (b) of the same section in the
definition of Processing plant; which reads:
(b) Processing plants is any mechanical set-up, machine or
combination of machine used for the processing of logs and other forest
raw materials into lumber, veneer, plywood, wallboard, block-board,
paper board, pulp, paper or other finished wood products.
This simply means that lumber is a processed log or processed
forest raw material. Clearly, the Code uses the term lumber in its ordinary
or common usage. In the 1993 copyright edition of Webster’s Third New
International Dictionary, lumber is defined, inter alia, as timber or logs after
being prepared for the market. Simply put, lumber is processed log or
timber.
It is settled that in the absence of legislative intent to the
contrary, words and phrases used in a statute should be given their
plain, ordinary, and common usage meaning. And insofar as
possession of timber without the required legal documents is
concerned, Section 68 of P.D. No. 705, as amended, makes no
distinction between raw or processed timber. Neither should we. Ubi
lex non distanguit nec nos distinguere debemus.
Ø JURISDICTION: criminal offense/ confiscation

o In violation of Section 68- The DENR has jurisdiction over the confiscation of forest
products and conveyances used in the commission of the offense.
§ Forest products confiscated upon the authority of the DENR Secretary is
beyond the reach of Replevin
§ It is already deemed is custodial egis.
o Jurisdiction: RTC
o Venue: RTC of the place where the accused was arrested.
o Arrest without Warrant
§ A Forest officer or employee of the bureau shall arrest even without warrant
any person who has committed or is committing in his presence any of the
offenses defined in this Chapter.
§ Duty of the Arresting Officer
• He shall also seize and confiscate, in favor of the Government, the
tools and equipment used in committing the offenses, and the forest
products cut, gathered or taken by the offender in the process of
committing the offense.
• GR: The arresting forest officer or employee shall thereafter
deliver within six (6) hours from the time of arrest and seizure,
the offender and the confiscated forest products, tools and
Kyasurin Notes 9
MIDTERMS
equipment to, and file the proper complaint with, the
appropriate official designated by law to conduct preliminary
investigations (OR INQUEST PROCEEDINGS) and file
informations in court.
• EXPN: If the arrest and seizure are made in the forests, far from
the authorities designated by law to conduct preliminary
investigations (OR INQUEST PROCEEDINGS), the delivery to,
and filing of the complaint with, the latter shall be done within
a reasonable time sufficient for ordinary travel from the place
of arrest to the place of delivery. The seized products,
materials and equipment shall be immediately disposed of in
accordance with forestry administrative orders promulgated
by the Department Head.
o Search and Seizure WITHOUT WARRANT

§ Mustang Lumber vs CA
• The search was conducted on a moving vehicle, therefore, it may
be lawfully conducted without a search warrant. In flagrante delicto,
one of the exceptions to warrantless searches under the
constitution.
-- END--
Kyasurin Notes 10
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WATER CODE OF THE PHILIPPINES

(Presidential Decree 1076)
WATER CODE OF THE PHILIPPINES or PD 1076

Ø Enacted on December 31, 1976
Ø It is the basic law governing the (EDU-CAP), exploration, development, utilization,
conservation, appropriation, protection of Water Resources and Rights to Land related
thereto.
Ø The Water Code, repealed the Articles 502-518 of the Civil Code relating to waters.
ARTICLES II OBJECTIVES OF THE CODE

Ø Establish basic principles in the appropriation, control and conservation of water
resources
Ø To define the extent of obligations and rights of water users and owners including the
protection of these rights
Ø Adopt a basic law governing the (EDU-CAP) ownership, appropriation, utilization,
exploitation, development, conservation and protection of water resources
Ø Identify administrative agencies which will enforce the code
WHAT IS THE MEANING OF WATERS AS USED IN THE CODE? (ARTICLE 4)

Ø Water underground
Ø Water above the ground
Ø Water in the atmosphere
Ø Water of the sea within the territorial jurisdiction of the Philippines
UNDERLYING PRINCIPLES UNDER SECTION 3

Ø All waters belong to the States (underground, above the ground, atmospheric, territorial
sea)
Ø All waters that belong to the state cannot be the subject of acquisitive prescription
Ø That the state may allow the use and development of waters by administrative
concession (grant of Water permits)
Ø The EDU-CAP of water resources shall be governed by the National Water Resources
Board
STATE OWNERSHIP OF WATERS (ARTICLE 5) THESE WATERS ARE OWNED BY THE

STATE
Ø Rivers and their natural beds;
Ø Continuous or intermittent waters of springs and brooks running in their natural beds
and the beds themselves;
Ø Natural lakes and lagoons
Ø All other waters categories of surface waters such as:
Kyasurin Notes 11
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o Water flowing over lands
o Water from rainfall whether natural or artificial (cloud seeding)
o Waters from agrivulatural run-off
o Seepage
o Drainage
Ø Atmospheric waters
Ø Subterranean or ground water
Ø Sea water (12 NM; 200NM – subject to international law, treaties, UNCLOS)
Ø The following waters found on private land belong to the State:
o Continuous or intermittent waters rising on such land
o Lakes and Lagoons naturally occurring on such lands
o Rain water falling on such lands
o Subterranean or ground waters
o Waters in swamps and marshes
Ø Q. CAN THE OWNER OF THE LAND WHERE THE WATER IS FOUND IN THE PRIVATE
LAND USE THE WATER WITHOUT A PERMIT?
A. YES. It must be for purely domestic purposes. “Purely domestic purpose” as used in
these rules (2005 IRR) is defined as the use of not more than 250 liters/capita/day of water by a
single household. Any person who captures or collects water by means of cisterns, tanks, or pools
shall have exclusive control over such water and the right to dispose of the same.
WHAT IS APPROPRIATION OF WATERS (ARTICLE 9)

Ø It is the acquisition of rights over the use of waters or the taking or diverting of waters from
a natural source in the manner and for any purpose allowed by law.
Ø What are the different purposes for appropriation of Water (ARTICLE 10)
o Domestic
o Municipal
o Irrigation
o Power Generation
o Fisheries
o Livestock Raising
o Industrial Purposes
o Recreational
Ø Q. WHO CAN APPLY WATER PERMIT TO APPROPRIATE WATER? (ARTICLE 15)

A. Only citizens of the Philippines, of legal age as well as juridical persons, who are duly
qualified by law to exploit and develop water resources, may apply for water permits.
Ø Q. WHO ARE JURIDICAL PERSONS ALLOWED BY LAW TO APPROPRIATE WATER?
A. A) Association, duly registered cooperatives or corporation organized under the laws
of the Philippines, at least 60 percent of the capital of which is owned by citizens of the
Philippines;
B) Government entities and instrumentalities, including government owned and
controlled corporations
Ø Water Code of the Philippines Amended Implementing Rules and Regulation (March 21,
2005)
Ø Case in Point: IDEALS vs. PSALM, GR no. 192088, October 9, 2012
Kyasurin Notes 12
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IDEALS vs. PSALM, GR no. 192088, October 9, 2012

FACTS:
Power Sector Assets and Liabilities Management Corporation (PSALM)is a GOCC created pursuant to the EPIRA Law (Electric
Power Industry Reform Act). The EPIRA mandated PSALM to manage the orderly sale, disposition and privatization of NAPOCOR
assets. In 2005, PSALM commenced the privatization of Angat Dam. This was subjected to bidding procedures and the bid was
awarded to K-Water. K-Water will convert the water from Angat Dam to electricity. The petitioners filed the present petition for
Certiorari contending that the bid grant by PSALM to K-Water which is a foreign corporation violated the constitutional provisions on
the appropriation and utilization of water as a natural source as implemented by the Water Code of the Philippines, limiting water
rights to Filipino citizens and corporation which are at least 60% Filipino owned. The petitioner argued that once NPC transfers its
water permit to K-Water, the former gives up its authority to extract or utilize water from Angat River.
ISSUE: W/N the grant to K-Water violated the Water Code of the Philippines?
HELD: NO
The grant to K-Water did not violate the constitution. Under the Water Code, the concept of appropriation is the act of diverting
water from a natural source. A foreign company may not be said to be appropriating our natural resources if it utilizes the waters
collected in the dam and converts the same into electricity through artificial devices
Since NPC remains in control of the operation of the dam by virtue of the water rights granted to it, there is no legal impediment to
foreign owned corporation undertaking the generation of electric power using waters already appropriated by NPC, the holder of the
water permit.
WATER RIGHTS AND WATER PERMITS (ARTICLE 13)

Ø No person including the government or GOCCs shall appropriate water without a WATER
RIGHT, which is evidenced by a document known as WATER PERMIT
Ø When permit/authority from the National Water Resources Board Must be Secured?
(Section 2 of 2005 IRR)
o Appropriation of water for any purpose stated under Section 1 9domestic,
municipal, irrigation etc) except for purely domestic purpose
o Change in purpose of the appropriation
o Amendment of an existing permit
o Transfer of lease of water right
o Temporary permit to appropriate and use of water
o Developing a stream, lake or spring for recreational purposes
o Lowering or raising the level of the water of a lake, river or marsh or draining the
same
o Transbasin diversion
o Dumping of mine tailing or wastes into a river or a waterway;
o Such other instances that will require a permit as determined by the Board.
Ø Q. WHERE CAN A PERSON FILE AN APPLICATION FOR A WATER PERMIT?

A. NATIONAL WATER RESOURCES BOARD in the province where the point of
abstraction/diversion is situated (Water Code of the Philippines Amended Implementing
Rules and Regulations, March 31, 2005)
o NWRB is attached to the DPWH
Ø Q. WHEN IS THE RIGHT TO USE WATER ACQUIRED? ARTICLE 17)

A. The right to use water is acquired
Kyasurin Notes 13
MIDTERMS
1. As of the date of filing of the application of water permit in case of approved permit
2. The date of the actual use in case where no permit is required.
Ø Q. WHEN CAN A PERSON APPROPRIATE OR USE NATURAL BODIES OF WATER

WITHOUT SECURING A WATER PERMIT? ARTICLE 14
A. 1. Appropriation of water by means of hand-carried receptacles
2. Bathing or washing, watering or dipping of domestic or farm animals
3. Navigation of watercrafts or transportation of logs and other objects by floatation
4. PURELY DOMESTIC PURPOSES (250 liters/day) – SECTION 2 of 2005 IRR
Ø Grounds for Revocation of Water Permit (ARTICLE 19)

o Water Permit can be revoked after due notice and hearing – NOT EX PARTE
o Grounds for Revocation
1. Non-use
2. Gross violation of the conditions imposed in the permit
3. Unauthorized sale of water
4. Willful failure or refusal to comply with rules and regulations of any lawful
order
5. Pollution
6. Public nuisance or acts detrimental to public health and safety
7. Appropriation is found to be disqualified under the law to exploit and
develop natural resources of the country
Ø When priority in time of appropriation from a certain source of supply cannot be
determined, the order of preference in the use of the waters:
1. Domestic and municipal
2. Irrigation
3. Power Generation
4. Fisheries
5. Livestock
6. Industrial use
PROHIBITION AND CONDITIONS FOR USE OF WATER

Ø No person shall develop a stream, lake or spring for recreational purposes without permit
from Board (NWRB)
Ø Article 41 (Prohibitions and Conditions for use of water)
o No person shall induce or restrain rainfall by any method such as cloud seeding
without permit from the proper government agency (ARTICLE 42)
Ø Q. WHAT IS CLOUD SEEDING?
A. Cloud seeding is a form of weather modification, a way of changing the amount or type
of precipitation that falls from clouds
Ø Q. WHEN IS CLOUD SEEDING ALLOWED?
A. 1. Ordered by the President
2. National calamity or emergency (El Nino)
3. Permit from PAG-ASA to determine wind direction
Kyasurin Notes 14
MIDTERMS
EASEMENTS
Ø An easement is an encumbrance imposed upon immovable for the benefit of another
immovable belonging to a different owner (CIVIL CODE)
Ø Article 50 of PD 1067 in relation to Article 673 of the Civil Code
o ARTICLE 50. Lower estates are obliged to receive the waters which naturally and
without the intervention of man flow from the higher estates, as well as the stone
or earth which they carry with them.
o The owner of the lower estates cannot construct works which will impede this
natural flow, unless he provides an alternative method of drainage; neither can the
owner of the higher estate make works which will increase this natural flow.
Remman Enterprises vs. CA (GR no. 125018, April 6, 2000)

FACTS:
Remman Enterprises owns the higher estates and it has a piggery. The owner of the lower estate, Lat,
complained that the waste disposal lagoon of Remman is already over flowing and inundating Lat’s property.
Remman countered that it is not liable because the overflowing was due to torrential rains and that the law imposes
a natural easement on the owner of the lower estate.
HELD:
The court rejected the contention and ruled that the owner of the servient estate is entitled to compensation.
The owner of the higher estate makes works which will increase this natural flow.
Ø Control of Water: FLOOD CONTROL AREAS (ARTICLE 53-55)

o The Secretary of DPWH may declare flood control areas and promulgate
guidelines for governing flood plain management plans.
o This will prohibit or control activities that may damage or cause deterioration of
lakes and dikes, obstruct the flow of water, change the natural flow of the river,
increase flood losses or aggravate flood problems.
Ø Responsibility of the Government
o They may construct necessary flood control structures in declared flood control
areas.
o The government will have a legal easement as wide as may be needed along and
adjacent to the river bank and outside of the bed or channel of the river.
RIVERS AND LAKES MAY BE DECLARED NAVIGABLE

Ø Rivers, lakes and lagoons may be declared navigable either in whole or in part, upon the
recommendation of the Philippine Coast Guard. (SECTION 30, 2005 IRR)
Ø Lovina vs. Moreno (GR no. L-17821, November 29, 1963)
o The Supreme Court declared that the Secretary of DPWH under RA 2056 has the
power to declare as public navigable steam any alleged depressions or bodies of
water even inside titled properties.
Ø Go back to the Regalian Doctrine/ Section 2, Article 12 of the 1987 Constitution
Ø Q. CAN RIVER BEDS BE CULTIVATED? (SECTION 56)
A. GR: River beds, sand bars, and tidal flats may not be cultivated.
EXPN: There is prior permission from the Secretary of DPWH and the cultivation shall
not obstruct the flow of river or increase flood level. (Article 56 of water code)
Kyasurin Notes 15
MIDTERMS
WATERSHEDS
Ø It is an area drained by a river and its tributaries and enclosed by a boundary or divide
which separates it from adjacent waters.
Ø Protection of Watershed (ARTICLE 67)
o Any watershed or any area of land adjacent to any surface water or overlying any
ground water may be declared by the Department of Natural Resources as
protected area.
STA. ROSA REALTY DEVELOPMENT CORPORATION VS. COURT OF APPEALS

FACTS: Sta. Rosa Realty is the registered owner of 2 parcels of land which is a watershed. Ejectment cases were
filed and private respondents petitioned the Department of Agrarian Reform or the compulsory acquisition of
SRRDC property under the CARP. Petitioner argued that it cannot be subject of CARP because it is a watershed
area. DARAB ordered the compulsory acquisition of petitioner’s property.
ISSUE: Whether the property in question is covered by CARP despite the fact that the entire property formed part
of a watershed area prior the enactment of RA no. 6657.
HELD: It is a watershed area and the protection thereof is inconsistent with the tilling of the same for agricultural
purposes.
FALLO: In lieu thereof, the Court remands the case to the DARAB for re-evaluation and determination of the
nature of the parcels of land involved to resolve the issue of its coverage by the Comprehensive Land Reform
Program.
COLLADO VS. COURT OF APPEALS

FACTS: Edna Collado filed an application for registration over a parcel of land. Attached to the application was the
technical description of the Lot as Lot Psu-162620 signed by Robert C. Pangyarihan, officer-in-charge of the survey
Division, Bureau of Lands, which stated “this survey is inside IN-12 Nariquina Watershed.” Solgen filed an
opposition to their application. Collado alleged that they occupied the property since “time immemorial” and EO
33which reserved the land for Mariquina Watershed respected the private rights.
HELD: It is a watershed area, the possession of public land, however loing the period may have extended, never
confers title thereto upon the possessor because the statute of limitations with regard to public land does not
operate against the State, unless the occupant can prove possession and occupation of the same under claim of
ownership for the required number of years to constitute a grant from the State. It has been declared a watershed
for 81 years before she filed her application.
NATIONAL WATER RESOURCES BOARD

Ø Previously National Water Resources Council und PD 1067
Ø DPWH was reorganized under Executive Order 124-A (July 27, 1987)
o The national Water Resources Council is hereby renamed and reorganized as the
National Water Resources Board and shall continue to be attached to the
Department. (Amendments to EO 124, January 30, 1987. EO 124-A, July 22,
1987)
Ø Q. WHAT IS THE ROLE OF NWRB?
A. It is the chief coordinating and regulating agency for all water resources management
development activities.
Tasked with the formulation and development of policies on water utilization and
appropriation
Control and supervision of water utilities and franchises, and the regulation and
rationalization of water rates.
Kyasurin Notes 16
MIDTERMS
Ø Jurisdiction of NWRB (SECTION 88)
o The NWRB enjoys limited jurisdiction over all disputes relating to EDU-CAP
(exploitation, development, utilization, control, conservation, appropriation and
protection) of waters.
Ø Decision of NWRB (ARTICLE 88)
GR: Immediately Executory and cannot be suspended
EXPN: (WHENCAN IT BE SUSPENDED) when a bond in an amount fixed by the Board
to answer for damages occasioned by the suspension or stay of execution, shall have
been filed by the appearing party.
EXPN TO THE EXPN: (CANNOT BE SUSPENED) unless the suspension is by virtue of
an order of a competent court.
Ø ARTICLE 88
o All disputes shall be decided within sixty (60) days after the parties submit the
same for decision or resolution.
o The BOARD shall have the power to issue writs of execution and enforce its
decision with the assistance of local or national police agencies. (It can enter into
private property to enforce its execution)
Ø Q. CAN A PARTY GO DIRECTLY TO THE COURT TO ADJUDICATE A DISPUTE OVER
WATER RIGHTS FOR IRRIGATION PURPOSES?
A. NO, go first to NWRB
Ø Doctrine of Exhaustion of Administrative Remedies apply in cases filed before NWRB
TANJA WATER DISTRICT VS. GABATON (GR no. L-63742)
FACTS: On March 3, 1983, petitioner Tanjay Water District represented by its manager, Joel B. Borromeo, filed
in the Regional Trial Court of Negros Oriental, Dumaguete City, 7th Judicial Region, civil case no. 8144, an actions
for injunctions with preliminary mandatory injunction and damages against respondent Municipality of Pamplona
and its officials to prevent them from interfering in the management of Tanjay Waterworks System.
On March 26, 1983, respondent Judge issued an order dismissing the complaint for lack of jurisdiction
over the subject matter, respondent judge ruled that as the subject matter of Civil Case No. 8144 was water , the
case should have been brought first to the National Water Resources Council in accordance with Article 88 of
PD 1067
ISSUE: W/N the RTC has jurisdiction over the case? – NO
HELD: Inasmuch as Civil Case No. 8144 involves the appropriation, utilization and control of water, we hold that
the jurisdiction to hear and decide the dispute in the first instance, pertains to the Water Resources Council as
provided in PD 1067 which is the special law on the subject. The Court of First Instance (now RTC) has only
appellate jurisdiction over the case.
JURISDICTION (NWRB)
1. ISSUED INVOLVLES WATER RIGHTS DISPUTE
Ø Water right is the right to appropriate water, i.e management of Tanjay Waterworks
System
2. “preference in the use and development of waters (Abe Abe vs. Manta GR no. L-4827,
may 31, 1979)
JURISDICTION OF REGULAR COURTS

1. ENJOMENT OF A RIGHT TO WATER USE FOR WHICH A PERMIT IS ALREADY
GRANTED
Kyasurin Notes 17
MIDTERMS
Ø Injunction to prevent third persons from unauthorized extraction and withdrawal of ground
water within petitioners service area (Metro Iloilo vs CA – GR no. 122855, March 31, 2005)
2. Action for Damages due to the malicious construction of a dam and diversion of the flow
of water by the petitioner (Bulao vs. Court of Appeals, GR no. 101983)
3. Annulment of title and reversion to the government of a lot covering a water reservoir
alleged to illegally and erroneously titled
4. Whether or not the construction of the dike obstructed the natural water course or free
flow of water from higher estate to lower estate (EASEMENT)
APPEALS OF DECISIONS OF NWRB (ARTICLE 89) in relation to Section 78 of 2005 IRR

ARTICE 89 OF PD 1067
Ø Regional Trial Court of the Province where the subject matter of the controversy is situated
Ø 15 days from the receipt of decision
Ø GROUNDS: (1) grave abuse of discretion; (2) question of law; and (3) question of fact and
law
APPEAL UNDER SECTION 78 of 2005 IRR

Ø Appeal to the Board thru Motion for Reconsideration within 15 days from receipt of Notice
Ø The filing of said motion suspends the running of the 15-day period within which to file an
appeal with the Court.
GROUNDS FOR MR/REINVESTIGATION

(a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not
have guarded against and by reason of which the aggrieved party has probably been
impaired in his rights;
(b) Newly discovered evidence which petitioner could not, with reasonable diligence have
discovered and produced at the investigation and which if presented could probably alter
the result; and
(c ) Palpable errors in the findings of the facts and conclusion of law or decisions that are
not supported by the evidence adduced in the investigation
Ø Only one motion for reconsideration/reinvestigation accompanied by proof of service upon
the other party shall be entertained.
-- END--
Kyasurin Notes 18
MIDTERMS
PHILIPPINE CLEAN AIR ACT OF 1999
GOVERNING LAW
Ø SECTION 1. Short Title – This Act shall be known as the Philippine Clean Air Act of
1999
Ø Enacted based on the principle that a clean and healthy environment is for the good of
all and consequently a concern of all.
DECLARATION OF PRINCIPLES (SECTION 2)

Ø PRINCIPLE = Code/Belief
Ø Pollution must pay
Ø There must be a balance between development and environmental protection and
towards this end, there is a framework for sustainable development
WHAT IS SUSTAINABLE DEVELOPMENT?

Ø It means economic development that is conducted without depletion of natural
resources
DECLARATION OF POLICIES (SECTION 3)

Ø Policy = strategy, plan, procedure, program
Ø What are the policies of the State?
1. Formulate a universal national program of air pollution management
2. Encourage cooperation and self-regulation among citizens and industries
3. Focus on pollution prevention rather than control
4. Promote public information and education to encourage the participation of
an informed and active public air quality planning
5. Enforce a system of accountability
RECOGNITION OF RIGHTS (SECTION 4)

Ø Right to breath clean air
Ø Right to utilize and enjoy natural resource
Ø The right to participate in the formulation, planning, implementation and monitoring of
environment policies and in the decision-making process
Ø The right to participate in the decision-making process concerning development policies,
plans and programs that may have adverse impact on the environment
Ø Right to be informed of the nature and extent of potential hazard or any activity and
timely notice of any significant rise in the level of air
Ø Right to access public records which a citizen may need to exercise his or her rights
Ø Right to bring an action in court or quasi-judicial bodies (DENR) to enjoin all activities in
violation of environmental laws – Rules of procedure in environmental cases there are
several remedies that may be availed of such as writ of continuing mandamus or writ of
kalikasan
Kyasurin Notes 19
MIDTERMS
Ø Right to bring an action in court for compensation of personal damages arising from
adverse environmental or public health impact.
SECTION 5 – DEFINITION OF TERMS

Ø “Air Pollutant” means any matter found in the atmosphere other than oxygen,
nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal
concentration, that is detrimental to health or the environment, which includes but not
limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes,
chemical mists, steam and radio-active substances.
Ø “Air Pollution” means
1. Any alteration of the physical, chemical and biological properties of the
atmosphere air or
2. Any discharge thereto of any liquid, gaseous or solid substances
- That will or is likely to create or to render the air resources of the country
harmful, detrimental or injurious to public health, safety or welfare or which
will adversely affect their utilization for domestic, commercial, industrial,
agricultural, recreational or other legitimate purposes
POLLUTION AND CLEARANCE (SECTION 16)

Ø There are permits issued by DENR necessary for the prevention and abatement of air
pollution
Ø It includes emission limitation for the regulated air pollutants to help attain and maintain
the ambient air quality standards.
AMBIENT AIR QUALITY STANDARDS (SECTION 5)

Ø “Ambient Air Quality” means the general amount of pollution present in a broad
area; and refers to the atmosphere’s average purity as distinguished from discharge
measurements taken at the source of pollution
Ø Go back to the principle “Focus on pollution prevention rather than control”
SOURCES OF POLLUTION
Ø Stationary Source
Ø Motor Vehicles
Ø Other Sources
SECTION 19 – POLLUTION FROM STATIONARY SOURCES

Ø Any trade, industry, process and fuel-burning equipment or industrial plant emitting air
pollutants
Ø Incineration
SECTION 20 – BAN ON INCINERATION

Ø What is Incineration?
- It applies burning of municipal, bio-medical and hazardous wastes which
emits poisonous and toxic fumes
Kyasurin Notes 20
MIDTERMS
Ø This is prohibited in large-scale, industrial scale
o Q. Is Small Scale Incineration allowed?
§ A. NO. DENR bans backyard burning of garbage such as leaves and
other waste materials
§ This is prohibited by Republic Act 9003 or the Ecological Solid Waste
Management Act (Section 48 par 3)
§ The law states that burning leaves and wastes is harmful to one’s health.
Leaf and waste burning releases several poisons in the environment
Ø Remedy against Small Scale Incineration
o File a case against the person under Section 48(3) of RA 9003 or the
Ecological Solid Waste Management Act
o File an action for abatement or a nuisance because his/her daily incineration is
a nuisance that disturbs or annoys the senses.
Ø Q. What is the action of the LGU in order to promote the ban on incineration?
o A. To forestall incineration, LGU are mandated to promote, encourage and
implement in their respective jurisdiction a comprehensive ecological waste
management which includes waste segregation, recycling and composting.
SECTION 21 – POLLUTION FROM MOTOR VEHICLES

Ø The DOTC shall implement the emission standards for motor vehicles set pursuant to
and as provided under the Clean Air Act
Ø The standards are reviewed, revised and published every two years in order to improve
the same.
IMPLEMENTING AGENCIES
AGENCY RESPONSIBILITY
DOTC 1. Implement the emission standard for motor vehicles set pursuant to and as provided in
this Act.
2. DOTC shall enforce compliance with the emission standard for motor vehicles set by
the DENR. The DOTC may deputize other law enforcement agencies and LGUs for this
purpose. To this end the DOTC shall have the power to:
(1) Inspect and monitor the emission of motor vehicles
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area
or street at specified times; and
(3) Authorize private emission testing centers duty accredited by the DTI
DENR 1. Review, revise and publish the emission standards every 2 years or as the need arises
2. It shall consider the maximum limits for all major pollutants to ensure substantial
improvement in air quality for the health safety and welfare of the general public.
DOTC, DTI, 1. Establish the procedures for the inspection of motor vehicles and the testing of their
DENR emissions for the purpose of determining the concentration and/or rate of emission of
pollutants discharged by said sources.
DTI 1. Formulate and implement a national motor vehicle inspection and maintenance
program that will promote efficient and safe operation of all motor vehicles
2. Develop and implement standards and procedures for the certification of training
institution, instructors and facilities and the licensing of qualified private service centers
and their technicians as prerequisite for performing the testing, servicing, repair and the
required adjustment to the vehicle emission system.
3. Prescribe regulations requiring the disclosure of odometer reading and the use of
tamper resistant odometers for all motor vehicles including tamper resistant fuel
Kyasurin Notes 21
MIDTERMS
management system for the effective implementation of the inspection and
maintenance program.
Q. WHAT IS MANDAMUS?
A. It is a special civil action which may be availed of to compel a person to perform an act which
he/she is duty bound to do so.
FACTS: The petitioners asked the court to issue a writ of mandamus commanding LTFRB and DOTC to require PUVs
to use compressed natural gas as alternative to fuel because dust, dirt and smoke emitted by PUVs have caused
detrimental effects on health and environment.
ISSUE: W/N LTFRB may be compelled by mandamus to require PUVs to use compressed natural gas as alternative to
fuel.
HELD: The Supreme Court held that there is no law which imposes and indubitable duty on respondents LTFRB and
DOTC that will justify a grant of the writ of mandamus compelling compressed natural gas for public utility vehicles. The
DOTC is merely mandated by law to implement the emission standards under the Clean Air Act and the law only sets
the maximum limit for the emission of vehicles but it does not recognize compressed natural gas as alternative for fuel.
The remedy is to go to the legislature, lobby the creation of law requiring the same. Absent such law, the petitioner’s
judicial recourse thru mandamus does not lie.
REGULATION OF ALL VEHICLES AND ENGINES – SECTION 22

Ø A new vehicle and one rebuilt using new engines parts shall not be registered unless it
complies with the emission standards set pursuant to the Clean Air Act. This will be
evidenced by a Certificate of Conformity (COC) by the DENR.
Ø A vehicle shall not be introduced to commerce unless it complies with the emission
standards
POLICE POWER OF LGU

Ø POLICE POWER is the power of promoting public welfare by restraining and regulating
the use of liberty and property. Police power is the most pervasive, the least limitable
and the most demanding of the three powers.
Ø General Welfare Clause (Sec 16, RA 7160) is the statutory grant of police power to local
government units
Ø Ortigas and Co. Limited Partnership vs. Feati Bank, the Supreme Court upheld the
Municipal Resolution as a valid exercise of Police Power.
ORTIGAS AND CO LIMITED PARTNERSHIP VS. FEATI BANK

FACTS: In this case, Ortigas and Company sold a parcel of land located at the western part of Highway 54 now EDSA
imposing a condition that it should be for residential purpose only. This condition was annotated in the title.
Subsequently the land was transferred to FEATI Bank who began constructing commercial building in the land which
Ortigas vehemently opposed. FEATI Bank countered that the land is zoned as commercial or industrial pursuant to
resolution no. 27 and therefore the construction of residential land is prohibited.
ISSUE: What would prevail, the conditions annotated in the title that it must be for residential purposes only or the
Municipal Ordinance declaring it for commercial or industrial purpose only.
HELD: While the validity of the ordinance was questioned, the SC upheld the same and considered it a valid exercise
of Police Power. The zoning of the land as commercial or industrial is to promote health, safety and general
welfare of the people. The area is not conducive for residential purposes because of noise and air pollution.
Kyasurin Notes 22
MIDTERMS
POLLUTION FROM SMOKING
Ø SECTION 24. Pollution from Smoking – smoking inside a public building or an enclosed
public place including public vehicles and other means of transport or in any enclosed
area outside of one’s private residence, private place of work or any duly
designated smoking area is hereby prohibited under this Act. This provision shall be
implemented by the LGUs.
APPLICABLE LAWS
Ø Tobacco Regulation Act of 2003, Republic Act No. 9211 (June 23, 2003)
Ø Section 5. Smoking Ban in Public Places – smoking shall be absolutely prohibited in the
following public places:
1. Centers of youth activity such as playschools, preparatory schools, elementary
schools, high schools, colleges and universities, youth hostels and recreational
facilities for persons under 18 years old;
2. Elevators and Stairwells
3. Locations in which fire hazards are present including gas stations and storage
areas for flammable liquid, gas explosives or combustible materials;
4. Within the building and premises of public and private hospitals, medical, dental
and optical clinics, health centers, nursing home, dispensaries and laboratories.
5. Public conveyances and public facilities including airport and ship terminals and
train and bus stations, restaurants and conference halls, except for separate
smoking areas; and
6. Food preparation areas.
EXECUTIVE ORDER NO. 26, PROVIDING FOR THE ESTABLISHMENT OF SMOKE FREE
ENVIRONMENTS IN PUBLIC AND ENCLOSED PLACES (MAY 16, 2017)
Ø SECTION 3. Prohibited Acts – The following acts are declared unlawful and prohibited:
(1) Smoking within enclosed public places and public conveyances, whether
stationary or in motion, except in DSAs fully compliant with the requirements of
Section 4 of this Order.
(2) For person-in-charge to allow, abet or tolerate smoking in places
enumerated in the preceding paragraph, outside DSAs fully compliant with
Section 4 of this Order.
(3) For any person to sell, distribute or purchase tobacco products to and from
minors
(4) For a minor to smoke, sell or buy cigarettes or any other tobacco products
(5) Ordering, instructing or compelling a minor to use, light up, buy, sell distribute,
deliver, advertise or promote tobacco products
(6) Selling or distributing tobacco products in a school, public playground, youth
hostels and recreational facilities for minors including those frequented by minors
or within 100 meters from any point of the perimeter of these places
(7) Placing, posting displaying or distributing advertisement and promotional materials
of tobacco products, such as but not limited to leaflets, posters, display structures
and other materials within 100 meters from the perimeter of a school, public
Kyasurin Notes 23
MIDTERMS
playground and other facilities frequented particularly by minors, hostel and
recreational facilities for minors, including those frequented by them.
(8) Placing any form of tobacco advertisement outside of the premises of point-of-
sale retail establishment
(9) Placing any stall, booth and other displays concerning tobacco promotions to areas
outside the premises of point-of-sale locations or adult-only facilities
DAVAO CITY ANTI-SMOKING ORDINANCE NO. 0367-12 SERIES OF 2012

Ø Comprehensive Anti-Smoking Ordinance
Ø Banned smoking in public places including Shisha and e-cigarette (electronic device- as
defined by law)
Ø PENALTIES :
1. 1st Offense – Php 1,000 or 1 month imprisonment
2. 2nd Offense – Php 2,500 or 2 months imprisonment
3. 3rd and subsequent – Php 5,000 or 4 months imprisonment
INSTITUTIONAL MECHANISM (SECTION 34)

Ø DENR shall be the primary government agency responsible for the implementation and
enforcement of this Act.
Ø To be more effective in this regard, the Department’s Environmental Management
Bureau (EMB) shall be converted from a staff of bureau to a line bureau for a period of
no more than 2 years, unless a separate, comprehensive, environmental management
agency is created.
Staff Bureau Line Bureau

Staff bureau shall primarily perform policy, Line bureau shall directly implement programs
program development and advisory functions adopted pursuant to department policies and
plans
Advisory or recommendatory Control and supervision
SECTION 36. Role of Local Government Units

Ø It shall share the responsibility in the management and maintenance of air quality
within their territorial jurisdiction
Ø The LGU will also implement air quality standards set by the PAB in areas within their
jurisdiction. (SECTION 37)
Kyasurin Notes 24
MIDTERMS
TECHNOLOGY DEVELOPERS INC. VS. COURT OF APPEALS, GR no. 94759 (January 21, 1991)
FACTS: Petitioner, a domestic private corporation engaged in the manufacture and export of charcoal briquette,
received a letter dated February16, 1989 from private respondent acting mayor Pablo N. Cruz, ordering the full cessation
of the operation of the petitioner’s plant located at Guyong Sta. Maria Bulacan until further order.
On April 6, 1989 without previous and reasonable notice upon petitioner, respondent acting mayor ordered the
Municipality’s station commander to padlock the premises of petitioner’s plant because of the noxious substances
coming out of the plant.
ISSUE: W/N the municipal mayor may order the closure of a coal plant? – YES.
HELD: While it is true that the matter of determining whether there is a pollution of the environment that requires control
if not prohibition of the operation of a business is essentially addressed to the then National Pollution Control
Commission of the Ministry of Human Settlements, now the Environmental Management Bureau of the DENR, it must
be recognized that the mayor of a town has as much responsibility to protect its inhabitants from pollution and by virtue
of his police power, he may deny the application for a permit to operate a business or otherwise close the same unless
appropriate measures are taken to control and/or avoid injury to the health of the residents of the community from the
emission in the operation of the business.
ACTIONS/AGENCIES INVOLVED IN THE IMPLEMENTATION OF THESE LAWS (DENR AND

PAB, LTO)
Ø DENR – it may institute administrative proceedings against any person who violates the
standards or limitation provided under the Clean Air Act or any order rule or regulation
issued by DENR with respect to the standards or limitations (emission)
o Pollution Adjudication Board (PAB) – sole and exclusive jurisdiction over all
cases of air pollution including the imposition of administrative sanctions.
o Q. DOES THE PAB HAVE THE POWER TO ABATE PRIVATE NUISANCE? –
A. NO. It belongs to the court.
o In the case of AC Enterprises vs. Frabelle Properties Corp. GR no. 166744,
November 2, 2006 , the Supreme Court held that if is the court and not the PAB
nor the Sanggunian which has the jurisdiction to abate a nuisance in the form of
noise and/or air pollution including an action for damages and injunction. While
PAB and the Sanggunian are mandated by law to regulate pollution, they don’t
have the authority to declare a thing a nuisance per se or per accidents and
order its condemnation.
Ø LTO – in cases of motor vehicle pollution.
Ø The DOTC thru LTO may motu proprio or a private individual/corporation may file a
written complaint.
o The hearing is summary in nature, meaning thru affidavits and position paper
before a decision will be issued.
-- END--
Kyasurin Notes 25
MIDTERMS
POLLUTION CONTROL LAW

(Republic Act 3931, PD 984 and EO 192)
RA 3931 (1964) An act Creating the National Water and Air Pollution Control Commission
PD 984 (1976) National Pollution Control Commission
EO 192 which reorganized Pollution Adjudication Board
DENR
Section 19. Pollution Adjudication Board.- There is hereby created a Pollution
Adjudication Board under the Office of the Secretary.
The Board shall be composed of the Secretary as Chairman, two (2)

Undersecretaries as may be designated by the Secretary, the Director of
Environmental Management, and three (3) others to be designated by the
Secretary as members.
The Board shall assume the powers and functions of the Commission/
Commissioners of the National Pollution Control Commission with respect to the
adjudication of pollution cases under Republic Act 3931 and Presidential Decree
984, particularly with respect to Section 6 letters e, f, g, j, k and p of P.D. 984. The
Environmental Management Bureau shall serve as the Secretariat of the Board.
These powers and functions may be delegated to the regional officers of the
Department in accordance with rules and regulations to be promulgated by the
Board.
OFFICERS OF THE PAB

Ø Who are the Officers of PAB?
1. Secretary of DENR
2. 2 undersecretaries designated by the Secretary of DENR
3. SECRETARIAT OF PAB- Environmental Management Bureau (EMB)
Ø The powers of the PAB may be delegated to the Regional officers of the DENR
WHAT IS THE JURISDICTION OF PAB?

Ø PAB RESOLUTION NO. 001-10 (Revised Rules of the Pollution Adjudication Board on
Pleading, Practice and Procedure in Pollution cases) has classified PAB’s jurisdiction.
Ø PAB’s jurisdiction could either be GENERAL or SPECIFIC
GENERAL JURISIDICTION
Ø It pertains to the PAB’s exclusive jurisdiction over the adjudication of all pollution cases,
and all other matters related thereto.
Ø This also includes the imposition of administrative sanctions.
SPECIFIC JURISDICTION
Ø Clean Air Act
o Actual exceedance of air quality standard or limitations
o Any order, rule or regulation issued by DENR with respect to such standard or
limitation
Kyasurin Notes 26
MIDTERMS
Ø Clean Water Act
o Pollution cases based on exceedance of DENR effluent standards and other
prohibited act under Section 27 of the Clean Water Act- disposal of waste
material.
Ø PD 1586 or the establishment of Environmental Impact Statement System
Ø Ecological Solid Waste Management Act (RA 9003)
o Unauthorized transport and dumping into seawater solid waste.
Ø Toxic Substances and Hazardous Waste Act (RA 6969)
o Illegal transport or discharge of prohibited chemicals, substances or pollutants-
hospital waste
o Operating facilities that discharge hazardous substances into water bodies.
SHELL PHILIPPINES EXPLORATION B.V VS JALOS

FACTS: Several fishermen filed a complaint for damages against Shell claiming that their fish catch dwindled after Shell
constructed a natural gas pipeline in the coastal area. Shell moved for the dismissal of the complaint claiming that the
RTC has no jurisdiction because it is a pollution issue and it falls within the primary jurisdiction of PAB.
HELD: The SC held that it is the PAB which has jurisdiction over the matter because the issue on whether or not the
alleged pollution coming the pipeline is a “pollution case” which is well within the competent jurisdiction of the PAB and
technical expertise to determine the same.
The case was dismissed because there was no allegation that the fishermen exhausted all the administrative
remedies. They must first go to the PAB for the determination of the pollution and if it is already determined that the
natural gas pipeline caused the fish decline, then resort to courts thru action for damages will prosper.
FACTUAL FINDINGS OF ADMINISTARTIVE BODIES ON TECHNICAL MATTERS WITHIN

THEIR EXPERTISE ARE ACCORDED RESPECT
Ø It is a long standing doctrine in this jurisdiction that findings of fact of administrative
bodies on technical matters within their expertise are accorded not only respect but even
finally if supported by substantial evidence.
Ø Courts will not interfere in matters which are addressed to the sound discretion of the
governmental agency entrusted with the regulation of activities within their special
technical training.
PENAL PROVISIONS ARE FILED BEFORE THE COURTS

Q. Can a public prosecutor charge a person with a violation of the law on pollution
without prior determination by PAB that the act of such person constitutes pollution? (Mead vs
Argel)
MEAD VS ARGEL
FACTS: On March 11, 1975, petitioner Donald Mead and a certain Isaac Arivas were charged by the Provincial
Fiscal of Rizal with a violation of Section 9, in relation to Section 10 of RA No. 3931 for disposing or draining waste
water in a canal due to the operations of the oil refinery.
Petitioner Donald Mead, one of the accused in the criminal case, filed a motion to quash on the grounds that
the trial court has no jurisdiction and that the Provincial Fiscal of Rizal has no legal personality to file the above-
quoted information.
Mead alleged that the National Water and Air Pollution Control Commission (hereinafter referred to as the
“Commission”) as created under RA No. 3931 has the exclusive authority to determine the existence of “pollution”
before a criminal case can be filed for a violation of the said law.
ISSUE: Can the Fiscal charge a person with violation of pollution law prior to the determination of PAB?
HELD: It is our considered view that the Provincial Fiscal of Rizal lacked the authority to file the information charging
the petitioner with a violation of the provisions of RA No. 3931 there being no prior finding or determination by the
Commission that the act of the petitioner had caused pollution in any water or atmospheric air of the Philippines.
It is not be understood, however, that a fiscal or public prosecutor may not file an information for a violation
of the said law at all. He may do so if the Commission had made a finding or determination that the law or any of its
orders had been violated.
Kyasurin Notes 27
MIDTERMS
PROCEDURE FOR FILING A CRIMINAL COMPLAINT

Ø File the complaint with PAB, when PAB determines that there is pollution violation,
go to court.
Ø File affidavit- complaint with Fiscal.
o Fiscal will determine existence of probable cause, prepare the resolution and he
will prepare the Information.
Ø Fiscal will file the Information in Court
WHAT ARE THE POWERS AND FUNCTIONS OF PAB?

Ø Section 2 of Revised Rules of the Pollution Adjudication Board (PAB) on Pleading,
Practice and Procedure in Pollution Cases, PAB Resolution No. 001-10 [June 29, 2010]
Ø Issue orders or decisions to compel compliance with the provisions of PD 984 and its
implementing rules and regulations only after proper notice and hearing;
Ø Make, alter or modify orders requiring the discountenance of pollution specifying the
conditions and the time within which such discontinuance must be accomplished;
Ø Issue, renew, or deny permits for the prevention and abatement of pollution, for the
discharge of sewage, industrial waste, or for the installation or operation of sewage
works and industrial disposal systems or parts thereof:
Ø Serve as arbitrator for the determination of reparations, or restitution of the damages and
losses resulting from pollution;
Ø Issue to the City or Provincial Sheriff or duly constituted authorities whom it may appoint,
such writs of execution as may be necessary for the enforcement of such decisions or
orders.
Ø CASE IN POINT: In the case of SHELL vs JALOS, it was emphasized EO 192
transferred to PAB the powers and functions of National Pollution Control Commission.
Ø Thus the PAB has the authority to determine the location, magnitude, extent, severity
and causes and effects of water pollution.
HEARING: RULE 8 AND 9

GR: There must be a public hearing before the promulgation or issuance of any order
requiring the discontinuance of discharge of sewage, industrial waste and other forms of
wastes.
EXPN: If there is a prima facie evidence that the discharge of wastes are of immediate threat to
life, public health, safety or welfare or to animal or plant life, the Commission may issue an EX
PARTE ORDER (meaning there is no hearing) to require the discontinuance of the pollution.
APPEAL OF DECISION OF PAB (RULE 12)

Ø The decision of PAB becomes final and executory 15 days from notice to the
aggrieved party, if there is no appeal.
Ø Applies to Orders disposing of the case = not to interlocutory orders (Motion for Bill of
Particulars)
Ø Appeals taken from orders of the Board shall be governed by Rule 43 of the Revised
Rules of Court.
Kyasurin Notes 28
MIDTERMS
o 15 days from receipt of notice
o Go to CA
o Questions of fact, of law, or mixed questions of fact and law
o Neypes Ruling applies
EXECUTION OF JUDGEMENT OF PAB

Ø Section 1. Execution of Order, Resolution or Decision.- The orders, resolutions and
decisions of the Board, after they have become final and executory, shall be
enforced and executed in the same manner as orders, resolutions and decisions of the
RTC.
APPLY RULE 36 OF THE RULES OF COURT

Ø File Motion for Execution before PAB
Ø Issuance of Writ of Execution by PAB
Ø Sheriffs of Courts are deputized by DENR for them to implement the Writ of Execution
Ø If you will not follow the orders of PAB thru the writ of execution, then a case for
Contempt will be filed before the proper court- MTC or RTC
RULES OF EVIDENCE
Ø Section 3. Rules of Evidence.- In the conduct of hearings, the Board or Hearing Officer
shall not be bound by the technical rules of evidence under the Rules of Court
SIMPLIFIED RULES OF EVIDENCE

Ø Substantial evidence is sufficient- adequate to support a conclusion
Ø All documents forming part of the records which are material to the issue shall be
admitted regardless if it is formally offered or not
Ø Apply administrative due process (CIR vs Ang Tibay Case)
CIR VS ANG TIBAY CASE

Cardinal primary requirements of due process in administrative proceedings
1. Right to a hearing, including the right to present one’s own case and submit evidence in support thereof
2. Tribunal must consider the evidence presented
3. Decision must have something to support itself
4. Evidence must be substantial
(a) It must be relevant as a reasonable mind might accept it as adequate to support a conclusion
(b) The rules of evidence shall not be controlling so that the mere admission of matter which would be deemed
incompetent in judicial proceedings would not invalidate the administrative order
(c) Mere uncorroborated hearsay or rumor does NOT constitute substantial evidence
5. Decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed
to the parties affected
(a) On boards of inquiry
a.1. They may be appointed for the purpose of investigating and determining the facts in any given case
a.2. Their report and decision are only advisory
a.3. CIR may refer any industrial or agricultural dispute to a board of inquiry, fiscal, justice of the peace,
any public official but such delegation shall not affect the exercise of the Court itself or any of its powers
6. CIR or any of its judges must act on its or his own independent consideration of the law and facts of the controversy,
and not simply accept the views of a subordinate in arriving at the decision
7. CIR should render its decision in such a manner that the parties can know the issues involved and the reasons for the
decisions rendered.
Kyasurin Notes 29
MIDTERMS
CEASE AND DESIST ORDER
Ø Section 1. Cease and Desist Order.- Whenever the Board finds prima facie evidence
that the emission or discharge of pollutants constitutes an immediate threat to life, public
health, safety or welfare, or to animal or plant life, or exceeds the allowable DENR
Standards, it may issue or recommend to the DENR Secretary an ex-parte order
directing the discontinuance of the same or the temporary suspension or cessation of
operation of the establishment or person generating such pollutants, without need of a
prior public hearing.
Ø It orders the temporary suspension and cessation of operation of the establishment or
person generating such pollutants.
Ø Immediately executory
Ø Remains in force until revoked by the PAB or the DENR Secretary
PAB VS CA
FACTS: On September 22, 1988, petitioner Board issued an ex parte Order directing Solar immediately to cease and desist
from utilizing its wastewater pollution source installations which were discharging untreated wastewater directly into a canal
leading to the adjacent Tullahan- Tinejeros River.
Solar contends that under the Boards own rules and regulations, an ex parte order may issue only if the effluents
discharged pose an “immediate threat to life, public health, safety or welfare, or to animal and plant life.” In the instant case,
according to Solar, the inspection reports before the Board made no finding that Solar’s wastewater discharged posed such a
threat.
ISSUE: W/N the Cease and desist order is VALID? YES!
HELD: From the foregoing reports, it is clear to this Court that there was at least prima facie evidence before the Board that
the effluents emanating from Solar’s plant exceeded the maximum allowable levels of physical and chemical substances set
by the NPCC and that accordingly there was adequate basis supporting the ex parte cease and desist order issued by the
Board.
PRIMA FACIE EVIDENCE=Presumption granted by law, it was incumbent upon solar to prove that there was a danger to life.
WHAT IS THE RELIEF TO THE CEASE AND DESIST ORDER?

Ø Filed by the respondent and recommend by PAB to the DENR Secretary to allow
implementation or completion of comprehensive pollution control programs.
RULES OF PROCEDURE IN ENVIRONMENTAL CASES

Ø The new rules do not affect the jurisdiction of PAB
Ø The fines and penalties imposed by PAB shall remain in force but it is without prejudice
to the filing of other reliefs granted under the RPEC such as writ of Kalikasan, writ of
continuing mandamus or even SLAPP cases.
POLLUTION FROM MINING

Ø PAB is not divested of jurisdiction over pollution cases falling under the Philippine
Mining Act
Ø So if mining corporation drains wastes causing pollution, the jurisdiction still belongs to
PAB.
-- END--
Kyasurin Notes 30
MIDTERMS
PHILIPPINE MINING ACT OF 1995

Republic Act No. 7942
(An Act Instituting a New System of Mineral Resources Exploration,
Development, Utilization, and Conservation)
GOVERNING LAW
Ø Section 1. Title.- This Act shall be known as the Philippine Mining Act of 1995.
o Enacted: March 3, 1995
WHAT ARE THE MAIN FEATURES OF THE LAW?

Ø Enacted as a new system of mineral resources exploration, development,
utilization and conservation
Ø It defines the modes of mineral agreements for mining operations, outlines the
procedure for their filing and approval, assignment/ transfer and withdrawal and fixes
their terms
Ø It prescribes the qualification of contractors and grants them certain rights
Ø It restricts the conditions for the exploration, quarry and other permits
Ø Regulates the transport, sale and processing of minerals
Ø It also spells out the government’s share (national and LGU) in the agreements as well
as the taxes imposed
Ø It likewise specifies the grounds for the cancellation, evocation and termination of
agreements and permits.
WHAT ARE THE ACTIVITIES WHICH MAY BE UNDERTAKEN BY THE STATE IN

CONNECTION WITH ITS FULL CONTROL ANS SUPERVISION?
Ø It may undertake the exploration and development and utilization using government
funds.
Ø It may enter to co-production, joint venture or production sharing agreements with
Filipino citizens or qualifies corporations
Ø It may allow small-scale utilization of natural resources
Ø For large scale, it may enter into agreements with foreign- owned corporations.
DECLARATION OF POLICY
Ø Section 2. Declaration of policy.- all mineral resources in public and private lands
within the territory and exclusive economic zone of the Republic of the Philippines
are owned by the State. It shall be the responsibility of the State to promote their rational
exploration, development, utilization and conservation through the combined efforts of
government and the private sector in order to enhance national growth in a way that
effectively safeguards the environment and protect the rights of affected communities.
Kyasurin Notes 31
MIDTERMS
SCOPE OF THE ACT
Ø Section 15. Scope of Application.- This Act shall govern the exploration, development,
utilization and processing of all mineral resources
Ø EDU and processing of Mineral Resources
o “Mineral Processing”- means the milling, beneficiation or upgrading of ores or
minerals and rocks or by similar means to convert the same into marketable
products. [Section 3(y) of RA 7942]
OWNERSHIP OF MINERALS
Ø Section 4. Ownership of Mineral Resources.- Mineral resources are owned by the State
and the exploration, development, utilization, and processing thereof shall be under its full
control and supervision. The State may directly undertake such activities or it may enter
into mineral agreements with contractors.
Ø The State shall recognize and protect the rights of the indigenous cultural communities to
their ancestral lands as provided for by the Constitution.
Ø All mineral resources within private or public land, within 24nm from the baseline are
owned by the State.
Ø It echoes the concept of Jura Regalia, pursuant to which all lands of the public domain
belong to the state which is the source of any asserted right over the same.
Ø Jura Regalia does not only pertain to surface rights, it also applies to minerals found within
the bowels of the earth.
MINERALS RESERVATIONS
Ø Section 5. Mineral Reservations.- When the national interest so require, such as when
there is a need to preserve strategic raw materials for industries critical to national
development, or certain minerals for scientific, cultural or ecological value, the President
may establish mineral reservations upon the recommendation of the Director through the
Secretary.
Ø Mining operations in existing material reservations and such other reservations as may
thereafter be established, shall be undertaken by the Department or through a contractor.
Q. When can the President declare a site as mineral reservation?

A. When the national interest so requires,
- such as when there is a need to preserve strategic raw materials for industries
critical to national development;
- or certain minerals for scientific, cultural or ecological value
- It is upon the recommendation of the Secretary of DENR
Ø Mining operations in existing mineral reservations and such other reservations as may
thereafter be established, shall be undertaken by the Department or through a contractor.
Ø Government has 10% share in the royalties- go to MGB
Ø All submerged lands within the contiguous zone and in the exclusive economic zone
of the Philippines are hereby declared to be mineral reservations.
Ø Prerogative of the President of the Philippines thru the recommendation of the Secretary
of DENR to classify lands of the public domain.
Kyasurin Notes 32
MIDTERMS
Ø Corollary thereto, under the Philippine Mining Act, the president is granted the power to
proclaim a mineral land as a mineral reservation regardless of whether such land is also
an existing forest reservation.
Cases in Point: PNOC vs Veneracion and Apex Mining vs Southeast Mindanao Gold Mining
PNOC VS VENERACION (GR No, 129820, November 30, 2006)

Ø Exploration of minerals in a government reservation is prohibited unless authorized by the
government itself.
Ø The state itself can even directly undertake the exploration and utilization of the mineral lands.
APEX MINING VS SOUTHEAST MINDANAO GOLD MINING (GR No. 152613, June 13, 2006)
Even if the DENR Secretary is the alter- ego of the President under the Doctrine of Qualified
Political Agency, it is beyond the ambit if the DENR Secretary to withdraw lands from forest reserves
and declare the same as an area open for mining operations.
DEFINITIONS OF TERMS (SECTION 3)

(1) Bureau- means the Mines and Geosciences Bureau under the Department of Environment and Natural Resources.
(2) Carrying capacity- refers to the capacity of natural and human environments to accommodate and absorb change
without experiencing conditions of instability and attendant degradation.
(3) Contract area- means land or body of water delineated for purposes of exploration, development, or utilization of
the minerals found therein.
(4) Co- production agreement (CA)- means an agreement entered into between the Government and one or more
contractors in accordance with Section 26(b) hereof.
(5) Department- means the Department of Environment and Natural Resources.
(6) Development- means the work undertaken to explore and prepare an ore body or a mineral deposit for mining,
including the construction of necessary infrastructure and related facilities.
(7) Environmental Compliance Certificate (ECC)- refers to the document issued by the government agency concerned
certifying that the project under consideration will not bring about an unacceptable environmental impact and that the
proponent has complied with the requirements of the environmental impact statement system.
(8) Environmental Impact Statement (EIS)- is the document which aims to identify, predict, interpret, and communicate
information regarding changes in environmental quality associated with a proposed project and which examines the
range of alternatives for the objectives of the proposal and their impact on the environment.
(9) Exploration- means the searching or prospecting for mineral resources by geological, geochemical or geophysical
surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other means for the purpose of
determining the existence, extent, quantity and quality thereof and the feasibility of mining them for profit.
(10) Financial or technical assistance agreement- means a contract involving financial or technical assistance for large-
scale exploration, development, and utilization of mineral resources.
(11) Foreign- owned corporation- means any corporation, partnership, association, or cooperative duly registered in
accordance with law in which less than fifty per centum (50%) of the capital is owned by Filipino citizens.
(12) Joint venture agreement (JVA)- means an agreement entered into between the Government and one or more
contractors in accordance with Section 26(c) hereof.
(13) Mineral processing- means the milling, beneficiation or upgrading of ores or minerals and rocks or by similar means
to convert the same into marketable products.
(14) Mine wastes and tailings- shall mean soil and rock materials from surface or underground mining and milling
operations with no economic value to the generator of the same.
(15) Minerals- refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state
excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy.
(16) Mineral agreement- refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate
state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy.
(17) Mineral land- means any area where mineral resources are found.
(18) Mineral resource- means any concentration of minerals/rocks with potential economic value.
(19) Mining area- means a portion of the contract area identified by the contractor for purposes of development, mining,
utilization, and sites for support facilities or in the immediate vicinity of the mining operations.
Kyasurin Notes 33
MIDTERMS
(20) Mining operation- means mining activities involving exploration, feasibility, development, utilization, and
processing.
(21) Offshore- means the water, sea bottom and subsurface from the shore or coastline reckoned from the mean low
tide level up to the two hundred nautical miles (200 n.m.) exclusive economic zone including the archipelagic sea and
contiguous zone.
(22) Onshore- means the landward side from the mean tide elevation, including submerged lands in lakes, rivers and
creeks.
(23) Quarrying- means the process of extracting, removing and disposing quarry resources found on or underneath the
surface of private or public land.
(24) Quarry permit- means a document granted to a qualified person for the extraction and utilization of quarry resources
on public or private lands.
ORGANIZATIONAL STRUCTURE: PRIMARY AGENCY RESPONSIBLE

Ø Section 8. Authority of the Department.- The Department shall be the primary government
agency responsible for the conservation, management, development, and proper use of
the State’s mineral resources including those in reservations, watershed areas, and lands
of the public domain. The Secretary shall have the authority to enter into mineral
agreements on behalf of the Government upon the recommendation of the Director,
promulgate such rules and regulations as may be necessary to implement the intent and
provisions of this Act.
Ø The DENR is the primary agency responsible for the conservation, management,
utilization, and development of the State’s mineral resources.
Ø DENR Secretary shall have the authority to enter into mineral agreements in behalf of the
government
Ø He/ She may also promulgate rules as may be deemed necessary to implement the
provisions of the Mining Act.
Cases in Point: Southeast Mindanao Gold Mining Corporation vs Balite, Miners Association of the
Phil. vs Factoran
SOUTHEAST MINDANAO GOLD MINING CORPORATION VS BALITE

Ø The challenged MO 97-03 did not conclusively adopt “direct state utilization” as a policy in
resolving the Diwalwal dispute. The terms of the memorandum clearly indicate that what was
directed thereunder was merely a study of this option and nothing else.
Ø The DENR Secretary may also promulgate rules as may be deemed as necessary to
implement the provision of the Mining Act.
MINERS ASSOCIATION OF THE PHIL. VS FACTORAN (GR NO. 98332, JANUARY 16, 1995)
The Secretary of DENR is authorized to negotiate and conclude joint- venture, co- production,
production- sharing agreements for the exploration, development and utilization of mineral resources.
ROLE OF LOCAL GOVERNMENT

Ø In coordination with the MGB, it may approve applications for small- scale mining, sand
and gravel, quarry
Ø In connection, it is given a share in the wealth generated from the utilization of mineral
resources
Ø It is the LGUs responsibility that the community shall reach and informed decision on the
social acceptability of a mining project as a requirement for securing an environmental
compliance certificate.
Ø Role of LGU under Executive Order 79, July 6, 2012
Kyasurin Notes 34
MIDTERMS
o The Department if the Interior and Local Government (DILG) and the LGUs are
hereby directed to ensure that the exercise of the latter’s powers and functions
is consistent with and conform to the regulations, decisions, and policies
already promulgated and taken by the National Government relating to the
conservation, management, development, and proper utilization of the
State’s mineral resources, particularly RA No. 7942 and its implementing rules
and regulations, while recognizing the need for social acceptance of proposed
mining projects and activities.
o LGUs shall confine themselves only to the imposition of reasonable
limitations on mining activities conducted within their respective territorial
jurisdictions that are consistent with national laws and regulations.
o LGUs, DENR, and the MGB working together shall strictly implement RA No, 7076,
to ensure the protection of the environment, address various issues in small- scale
mining and ensure that violators thereof are subjected to appropriate
administrative and criminal liability.
ROLE OF MINES AND GEOSCIENCES BUREAU (MGB)

Ø Section 9. Authority of the Bureau.- The bureau shall have direct charge in the
administration and disposition of mineral lands and mineral resources and shall undertake
geological, mining, metallurgical, chemical, and other researches as well as geological
and mineral exploration surveys. The Director shall recommend to the Secretary the
granting of mineral agreements to duly qualified persons and shall monitor the compliance
by the contractor of the terms and conditions of the mineral agreements. The Bureau may
confiscate surety, performance and guaranty bonds posted through an order to be
promulgated by the Director. The Director may deputize, when necessary, any member or
unit of the Philippine National Police, barangay, duly registered non- governmental
organization (NGO) or any qualified person to police all mining activities.
Ø Authority of MGB:
o Direct discharge in the administration and disposition of mineral lands and
resources
o Undertake geological, mining, metallurgical, chemical and other researches
o To cancel, or recommend the cancellation mining rights, mining application and
mining claims for failure to comply with pertinent laws
o MGB is conferred with quasi- judicial powers
o MGB has exclusive jurisdiction to hear and decide cases involving the cancellation
and/or enforcement of mining contracts due to failure of the contractor/ operator to
abide by pertinent laws.
Ø Non- Interference by the Courts on Purely Administrative Matters
Case in Point: Industrial Enterprises Inc vs CA
INDUSTRIAL ENTERPRISES INC VS CA (GR NO. 88550, APRIL 18, 1990)

The MGB has the primary jurisdiction where the question is what coal areas should be exploited and
developed and which entity should be granted coal operating contracts over said areas.
Kyasurin Notes 35
MIDTERMS
Q. What are areas open to Mining operations
A. Section 18. Areas Open to Mining Operations.- Subject to any existing rights or
reservations and prior agreements of all parties, all mineral resources in public or private
lands, including timber or forestlands as defined in existing laws, shall be open to mineral
agreements of financial or technical assistance agreement applications. Any conflict that
may arise under this provision shall be heard and resolved by the panel of arbitrators.
o GR: All mineral resources in public or private lands including timber or forestlands
shall be open to mineral agreements of FTAA
o EXPN: Subject to existing rights or reservations and prior agreements of all parties
o In case of Conflict= jurisdiction falls under the Panel of Arbitrators
Ø Areas Closed to Mining Applications

- Section 19 of RA 7942
- Executive Order No. 79 (2012)
o Military and other government reservations
o Near or under public or private buildings, cemeteries, archaeological and historic
sites, bridges, waterways, railroads, reservoirs or dams
o Areas covered by valid and existing mining right
o Areas covered by small- scale mines unless with prior consent of all the small scale
miners in which case there is a royalty paid to them
o Old growth and virgin forests watersheds, national, municipal and provincial parks
among others.
Ø Additional areas closed to Mining Operations under Executive Order 79 (2016)
o Protected areas categorized and established under the National Integrated
Protected Areas System (NIPAS) under RA No. 7586;
o Prime agricultural lands
o Tourism development areas, as identifies in the National Tourism Development
Plan
o Other critical areas, islands ecosystems, and impact areas of mining as
determined by current and existing mapping technologies.
EXPLORATION PERMITS
Ø Section 20. Exploration Permit.- An exploration permit grants the right to conduct
exploration permit grants the right to conduct exploration for all minerals in specified areas.
The bureau shall have the authority to grant an exploration permit to a qualified person.
Q. What is exploration?
A. “Exploration” means the searching or prospecting for mineral resources by
geological, geochemical or geophysical surveys, remote sensing, test pitting, trending,
drilling, shaft sinking, tunneling, or any other means for the purpose of determining the
existence, extent, quantity and quality thereof and the feasibility of mining them for profit.
(Section 3, RA 7942)
o Exploration activities may be directly undertaken by the Department of in the event
the department cannot do so, any qualified person in specified areas as
determined by the Secretary.
Kyasurin Notes 36
MIDTERMS
o The conduct of mineral exploration by a qualified person in all areas open to mining
shall initially be undertaken through an exploration permit.
Q. Can a foreign contractor apply for and hold an exploration permit?

A. La Bugal B’laan Tribal Association vs Ramos
Petitioner’s Contention: Section 2 Article XII on National Economy and Patrimony
does not allow foreign- owned corporations to undertake mining operations directly. They
may act only as contractors of the state under the FTAA. And the state, as the party directly
undertaking exploitation of its natural resources must hold thru the government all
exploration permits and similar authorizations.
While the Constitution mandates the State to exercise full control and supervision
over the exploitation of mineral resources, nowhere does it require the government to hold
all exploration permits and similar authorizations. In fact, there is no prohibition at all
against foreign or local corporations or contractors holding exploration permits.
EXPLORATION IS NOT TANTAMOUNT TO EXTRACTION
A TERM OF EXPLORATION PERMIT

Ø Section 21. Terms and Conditions of the Exploration Permit.- An exploration permit shall
be for a period of two (2) years, subject to annual review and relinquishment or renewal
upon the recommendation of the Director. (Philippine Mining Act of 1995, RA No. 7945,
[March 3, 1995])
Ø IRR
o Two (2) years from the date of issuance thereof renewable for like periods (2 year
interval)
o But will not exceed 4 years (non- metallic); and
o 6 years (metallic exploration)
Ø Conditions for Renewal
o It has complied with the terms and conditions
o Not found guilty of violation of any provisions of the Act
o There should be a feasibility study undertaken and declaration of mining project
feasibility during the term of the permit.
Q. Is an Exploration Permit Transferrable?

A. Section 25. Transfer or Assignment.- An exploration permit may be transferred or assigned
to a qualified person subject to the approval of the Secretary upon the recommendation
of the Director.
Q. What is the effect if there is no prior approval?

A. The transfer is void and without legal effect. The permit grantee may no longer be allowed
to renew the same.
Ø In the case of Apex Mining vs Southeast Mindanao Gold Mining Corporation, it was held
that SEM has not acquired any right to the Diwalwal Gold Rush area because the transfer
of EP 133 was not with the prior approval of the DENR Secretary.
Kyasurin Notes 37
MIDTERMS
Q. What are the rights of a Permit Holder (Section 23)
A. The permit holder, his heirs, successors-in-interest have the right to enter, occupy and
explore the area.
It may undertake exploration work on the area based on the approved work
program. It may apply for MPSA, JVA, Co-production or FTAA over the area.
Ø Terms and Conditions of the Exploration Permit

o Right to explore is subject to valid, prior and existing rights of the parties. In case
of conflict, the panel of arbitrators will resolve it.
o Permit is for the exclusive use and benefit of the holder or any authorized
representative and it is exclusively for exploration only.
o The period is for two (2) years and renewable for like terms but not to exceed 4
years in case of non-metallic and 6 years in case of metallic minerals.
o The permit holder shall submit to the MGB or RO within 30 days after the end of
each semester a report of the exploration work program.
o The permit holder shall relinquish at least 20% of the permit area during the first 2
years of exploration except if the area is less than 5,000 hectares.
o The DENR Secretary shall annually review the performance of the grantee.
o The permittee shall submit a report to the MGB. RO a final report upon the
expiration of the permit.
o In cases of offshore exploration, it shall be carried out in accordance with the
UNCLOS
o On shore exploration activities shall be carried out in a manner that will, at all times,
safeguard the environment.
Ø Exploration Permit is Revocable When demanded by Police Power
o Southeast Mindanao Gold Mining vs Balite Portal Mining, the SC held that a
mining license, being a mere privilege does not vest absolute rights of the
holder. It can be revoked by the state in the interest of the public.
MINERAL AGREEMENTS (SECTION 26)

Ø Mineral Agreements- these agreements grant to the contractor the exclusive right to
conduct mining operations and to extract all mineral resources found in the contract area.
Q. Where do you file?

A. Section 29. Filing and Approval of Mineral Agreements.- All proposed mineral
agreements shall be filed in the region where the areas of interest are located, except in
mineral reservations which shall be filled with the Bureau.
Ø Term:
o Section 32. Terms.- Mineral agreements shall have a term not exceeding 25 years
to start from the date of execution thereof, and renewable for another term not
exceeding 25 years under the same terms and conditions thereof, without
prejudice to changes mutually agreed upon by the parties. After the renewal
period, the operation of the mine may be undertaken by the Government or through
a contractor. The contract for the operation of a mine shall be awarded to the
highest bidder in a public bidding after due publication of the notice thereof:
Kyasurin Notes 38
MIDTERMS
Provided, that the contractor shall have the right to equal the highest bid upon
reimbursement of all reasonable expenses of the highest bidder.
Ø Different modes of Mineral Agreements
(1) Mineral production sharing agreement
- is an agreement where the Government grants to the contractor the exclusive
right to conduct mining operations within a contract are and shares in the gross
output. The contractor shall provide the financing, technology, management and
personnel necessary for the implementation of this agreement.
§ Mineral Production Sharing Agreement= Share in Gross Output
Government Qualified Person
Financing /
Technology /
Management /
Personnel /
Gross Output / /
(2) Co- production agreement

- is an agreement between the Government and the contractor wherein the
Government shall provide inputs to the mining operations other than the
mineral resource.
(3) Joint venture agreement
– is an agreement where a joint- venture company is organized by the
Government and the contractor with both parties having EQUITY SHARES. Aside
from earnings in equity, the Government shall be entitled to a share in the GROSS
OUTPUT.
Q. Eligibility: Who may apply for Mineral Agreements?

A. Section 27. Eligibility.- A qualified person may enter into any of the 3 modes of mineral
agreement with the government for the exploration, development and utilization of mineral
resources: Provided, that in case the applicant has been in the mining industry for any
length of time, he should possess a satisfactory environmental track record as determined
by the Mines and Geosciences Bureau and in consultation with the Environmental
Management Bureau of the Department.
o “Qualified Person” (Section 3)
§ Any citizen of the Philippines with capacity to contract, or
§ A corporation, partnership, association, or cooperative organized or
authorized for the purposes of engaging in mining, with technical and
financial capability to undertake mineral resources development and
duly registered in accordance with law at 60% of the capital of which is
owned by the citizens of the Philippines:
• That a legally organized foreign- owned corporation shall be
deemed a qualified person for purposes of granting an
EXPLORATION PERMIT, financial or technical assistance
agreement or mineral processing permit.
Kyasurin Notes 39
MIDTERMS
EXPLORATION PERMIT VS MINERAL AGREEMENT
EXPLORATION PERMIT MINERAL PERMIT
Exploration only and does not include extraction Exploration and extraction
Wholly foreign owned corporations may be granted Corporations- 60% capital stock is owned by
exploration permit Filipinos
2 years (renewable; 4 yrs- non metallic; 6 yrs- 25 years renewable for another 25 years
metallic)
Must be registered within 15 days from notice Must be registered within 15 days from notice
Can be transferred with prior approval of DENR Can be transferred with approval of Secretary
Secretary
Q. Who has the authority to cancel Mineral Agreements?

A. The DENR Secretary and not the Panel of Arbitrators based on his administrative
authority, supervision, management and control over mineral resources under the Revised
Administrative Code.
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT (FTAA)

Ø It means a contract involving financial or technical assistance for large- scale
exploration, development, and utilization of mineral resources. (Sec 3, Paragraph R)
Q. Who may apply for FTAA?

A. 1. Any Filipino citizen of legal age with capacity to contract;
2. A Filipino- owned Corporation, Partnership, Association or Cooperative, at least 60%
of the capital is owned by Filipino citizens, organized or authorized for the purposes of
engaging in mining with technical and financial capability to undertake mineral resources
development and duly registered in accordance with the law; or
3. A foreign- owned Corporation, Partnership, Association or Cooperative duly
registered in accordance with law and in which less than 50% of the capital is owned
by the Filipino citizens.
Q. Who will approve and negotiate FTAA? (Section 36)

A. Negotiated by the DENR and executed/ approved by the President
Q. Where do you file your FTAA Application? (Section 37)

A. File it with MGB after payment of required processing fees.
Ø Term of FTAA
o Section 38. Term of Financial or Technical Assistance Agreement.- A financial or
technical assistance agreement shall have a term not exceeding 25 years to
start from the execution thereof, renewable for not more than 25 years under
such terms and conditions as may be provided by law. (Philippine Mining Act of
1995, RA No. 7942 [March 3, 1995])
Q. Can an FTAA be transferred? (Section 40)

A. May be transferred to a qualified person with prior approval of the President.
Reportorial Requirement: President to Congress within 30 days from sate of approval of
President of the transfer.
Kyasurin Notes 40
MIDTERMS
Q. Can you withdraw from an FTAA? (Section 41)
A. Withdrawal is allowed.
Grounds: Mining project is no longer economically feasible, even after he has
exerted reasonable diligence to remedy the cause or the situation.
MINERAL AGREEMENT FTAA

Individual or corpo 60% is owned by Filipinos Corpo, 60% or less than 50% is owned by Filipinos
(as the case may be)
In case of transfer, the consent is given by the In case of transfer, the consent is given by the
Secretary of DENR President
No notification to congress is required Congress is notified in case of transfer
Q. Can an FTAA be validly revoked, rescinded, or withdrawn by Executive Action whenever

dictated by Public Interest or Public Welfare? (La Bugal B’laan Case)
A. In the case of La Bugal B’laan Case, the SC held that unlike a timber license agreement
which may be validly revoked whenever dictated by public interest or pubic service, an
FTAA for large scale EDU of mineral resources is a contract property right which
merits protection of the Constitution. The cancellation of the mining contract will
utterly deprive the contractor of its investment most of which cannot be pulled out.
Q. Can a fully- foreign owned mining corporation extend more than mere financial or technical
assistant to the state? Under the FTAA, will it be allowed to manage and operate every aspect of
the mining activity? (La Bugal B’laan Case)
A. The SC declared unconstitutional the FTAA to WMCP for being similar to a service
contract. The FTAA in this case was akin to a service contract which is antithetical to the
concept of sovereignty over the natural resources to the prejudice of the Filipino Nation.
In the resolution of the MR, the SC upheld the entering into the FTAAs provided
that the state has full control over the mineral resources. The foreign assistor or contractor
assumes all the technical and financial risks hence it may be given reasonable
management to protect its investment. However, in all case, the STATE MUST HAVE
FULL CONTROL, CONTROL MEANING, it may enable the state to direct, restrain,
regulate and govern the affairs of the enterprises.
ENVIRONMENTAL PROTECTION AND REHABILITATION (SECTIONS 69, 70, 71)

Ø All contractors and permittees shall strictly comply with all the mine safety rules and
regulations as may be promulgated by the Secretary concerning the safe and sanitary
upkeep of mining operations and achieve waste free and efficient mine development.
MINE LABOR: EMPLOYMENT OF PERSONS BELOW AGE OF MAJORITY (SECTION 64)

Ø No person under 16 years of age shall be employed in any phase of mining.
Ø No person under 18 years old shall be employed underground in a mine
Kyasurin Notes 41
MIDTERMS
RIGHTS OF A LOCATOR TO A PERFECTED MINING CLAIM
Cases in Point: Yinlu Bicol Mining vs Trans- Asia Oil, and Atok Big Wedge vs IAC
YINLU BICOL MINING VS TRANS- ASIA OIL (GR No. 207942, January 12, 2015)
Mining rights acquired under the Philippine Bill of 1902 and prior to the effectivity of the 1935
Constitution were vested rights that cannot be impaired even by the government.
ATOK BIG WEDGE CO VS IAC

The SC held that mere recording of a mining claim, without performing annual work obligation does
not convert the land into a mineral land.
AUXILIARY MINING RIGHTS (SECTIONS 72- 76)

Ø Timber Rights (Section 72)
Any provision of law to the contrary notwithstanding, a contractor may be granted a
right to cut trees or timber within his mining area as may be necessary for his mining
operations subject to forestry laws, rules and regulations: Provided, That if the land covered
by the mining area is already covered by existing timber concessions, the volume of timber
needed and the manner of cutting and removal thereof shall be determined by the mines
regional director, upon consultation with the contractor, the timber concessionaire/permittee
and the Forest Management Bureau of the Department: Provided, further, That in case of
disagreement between the contractor and the timber concessionaire, the matter shall be
submitted to the Secretary whose decision shall be final. The contractor shall perform
reforestation work within his mining area in accordance with forestry laws, rules and
regulations.
Ø Water Rights (Section 73)
A contractor shall have water rights for mining operations upon approval of application
with the appropriate government agency in accordance with existing water laws, rules and
regulations promulgated thereunder: Provided, That water rights already granted or vested
through long use, recognized and acknowledged by local customs, laws, and decisions of
courts shall not thereby be impaired: Provided, further, That the Government reserves the
right to regulate water rights and the reasonable and equitable distribution of water supply so
as to prevent the monopoly of the use thereof.
Ø Right to Possess Explosives (Section 74)
A contractor/exploration permittee shall have the right to possess and use explosives
within his contract/permit area as may be necessary for his mining operations upon
approval of application with the appropriate government agency in accordance with
existing laws, rules and regulations promulgated thereunder: Provided, That the
Government reserves the right to regulate and control the explosive accessories to ensure
safe mining operations.
Ø Easement Rights (Section 75)
When mining areas are so situated that for purposes of more convenient mining
operations it is necessary to build, construct or install on the mining areas or lands owned,
occupied or leased by other persons, such infrastructure as roads, railroads, mills, waste
dump sites, tailings ponds, warehouses, staging or storage areas and port facilities,
tramways, runways, airports, electric transmission, telephone or telegraph lines, dams and
their normal flood and catchment areas, sites for water wells, ditches, canals, new river
Kyasurin Notes 42
MIDTERMS
beds, pipelines, flumes, cuts, shafts, tunnels, or mills, the contractor, upon payment of just
compensation, shall be entitled to enter and occupy said mining areas or lands.
Ø Entry Into Private Land and Concession Areas (Section 76)
o Subject to prior notification, holders of mining rights shall not be prevented from
entry into private lands and concession areas by surface owners when conducting
mining operations therein.
o In case of damage to the property during the operations, there shall be proper
compensation. To guarantee the compensation, before undertaking the
operations, the contractors are required to post a bond with the RD.
Q. IS SECTION 76 UNCONSTITUTIONAL FOR BEING UNLAWFUL AND UNJUST TAKING OF

PRIVATE PROPERTY FOR PRIVATE PURPOSE IN CONTRAVENTION OF THE BILL OF
RIGHTS?
A. Didipio Earth- Savers’ Multi- Purpose Association, Inc. vs. Gozun, GR No. 157882, [March 30,
2006], 520 Phil 457-502
- Section 76 is a taking provision and not an exercise of police power
- While it is a taking provision, this does not mean that it is unconstitutional on the ground
that it allows taking of private property without the determination of public use and the payment
of just compensation.
Q. DOES THE DETERMINATION OF COMPENSATION BY THE PANEL OF ARBITRATORS

VIOLATIVE OF THE CONSTITUTION?
A. No. It does not encroach on the power of the trial courts to determine just compensation in
eminent domain cases. The determination of compensation by the Panel of Arbitrators is only
preliminary.
Q. IN CASE OF CONFLICTS INVOLVING MINING CLAIMS, WHO HAS JURISDICTION IN THE

SETTLEMENT OF CONFLICTS?
A. (1) Panel of Arbitrators
§ Disputes on rights to mining areas
§ Disputes involving mineral agreements or permits
§ Involving surface owners, occupants, claimholders/ concessionaries.
o PA has exclusive and original jurisdiction to hear and decide these mining
disputes but their jurisdiction pertain only to questions of fact or matters requiring
the application of technological knowledge and experience.
(2) Mines Adjudication Board (MAB)

o It is composed of DENR Secretary, Director of MGB and undersecretary for
Operations of DENR.
o Its jurisdiction covers the settlement of conflicts involving mining claims.
o Re: Validity of Mining Contracts
§ A mining dispute is within the jurisdiction of the MAB
§ But it is devoid of jurisdiction to determine the validity of mining contracts
or disputes
§
Kyasurin Notes 43
MIDTERMS
Note: POLLUTION CASES
- Pollution as a result of mining activities fall under the jurisdiction of the
Pollution Adjudication Board and not the MAB.
o Appeal Decision of MAB

§ Petition for Review on Certiorari under Rule 43, to the CA (Carpio vs Sulu
Resources Development Corporation)
§ Questions of fact and law
PENAL PROVISIONS
Ø Section 102. Illegal Exploration.- Any person undertaking exploration work without the
necessary exploration permit shall, upon conviction, be penalized by fine of not exceeding
P50,000.00 (Philippine Mining Act of 1995, RA No. 7942, [March 3, 1995])
Ø Theft of Minerals (Section 103)
o Extract minerals and disposing the same without mining agreement, lease, permit,
license or steals minerals or ores from mines- imprisonment of 6 months to 6 years
or pay a fine from P10,000- P20,000, or both.
Ø Other Punishable Acts:
o Mines arson
o Willful damage to a mine
o Illegal obstruction to permittees or contractors
o Violation of the terms and conditions of the environmental compliance certificate
o Obstruction of government officials
“PEOPLES SMALL-SCALE MINING ACTOF 1991”

RA 7076 (JUNE 27, 1991)
GOVERNING LAW
• Section 1. Title. This Act small be known as the "People's Small-scale Mining Act of 1991
IMPLEMENTING RULES AND REGULATIONS

• DENR ADMINISTRATIVE ORDER NO. 033-15 (People’s Small Scale Mining Act of 1991, DENR Administrative
Order 003-15
• Section 2. Declaration of Policy. It is hereby declared the policy of the State to promote, develop,
Protect an rationalize viable small-scale mining activities in order to generate more employment opportunities and provide
a equitable sharing of the nation's wealth and natural resources, giving due regard to existing rights as herein provided.
SALIENT FEATURES OF RA 7076

• Generate more employment opportunities in small scale mining
• Implemented by the Secretary of DENR
• It created the Provincial/City Mining Regulatory Board
• It authorize the board to declare and set aside small scale mining areas
DEFINITION OF TERMS
(1) Small-scale mining

• rely heavily on manual labor using simple implements and methods
• do not use explosives or heavy mining equipment;
Q. Can Corporations engage in Small Scale Mining?

(2) Small scale miners- refer to Filipino citizens who, individually or in the company of other Filipino citizens voluntarily
form a cooperative duly licensed by the Department of Environment and Natural Resources to engage, under the terms
and conditions of a contract, in the extraction or removal of minerals or ore-bearing materials from the ground
(3) Small-scale minIng contractor- refers to an individual or a cooperative of small-scale miners, registered with the
Securities and Exchange Commission or other appropriate government agency, which has entered into an agreement with
the State for the small-scale utilization of a plot of mineral land within a people's small-scale mining area;
Kyasurin Notes 44
MIDTERMS

RA 7076 (JUNE 27, 1991)
(3) Small-scale mining contract- refers to co-production, joint venture or mineral production sharing agreement, between
the State and small-scale mining contractor for the small-scale utilization of a plot of mineral land;
(4) License- refers to the privileges granted to a person to legitimately pursue his occupation as a small-scale mill or
processor under this Act;
SMALL SCALE MINING UNDER PD 1899

• Under this law, small scale mining was defined as any single unit of mining operation having an annual production
of not more than 50,000 metric tons of ore
Q. IS THERE A SUBSTATIAL DISTINCTION BETWEEN THE MINERS COVERED BY RA 7076 WHO CAN EXTRACT
MUCH MORE THAN AS THEY CAN, AND THOSE COVERED UNDER 1899 WHO WERE IMPOSED AN EXTRACTION
LIMIT OF 50,000 MT?
A. The 50,000 MT applies also to small scale miners under RA 7076. There is no conflict between PD 1899 and RA 7076.
The DENR is mandated by law to regulate the country’s natural resources under EO 192. Both PD 1899 and RA 7076
delegated to the DENR Secretary the power to promulgate necessary implementing rules and regulations to give effect to
the said laws.
DMC 2007-07
• Imposing the annual production limit of 50, 000 MT to both small scale mining permits issued under PD 1899 and
RA 7076
PEOPLES SMALL SCALE MINING PROGRAM (SECTION 4)

• The purpose is to achieve the declared policy of the state under Section 2 (State Policies)
PURPOSE OF SMALL SCALE MINING PROGRAM

• To achieve an orderly, systematic and rational scheme for the small scale development and utilization of mineral
resources in certain mineral areas in order to address social, economic, technical and environmental connected
with small scale mining activities.
FEATURES OF SMALL SCALE MINING PROGRAM:

a) The identification, segregation and reservation of certain mineral lands as people's small-scale mining areas;
b) The recognition of prior existing rights and productivity;
c) The encouragemel1t of the formation of cooperatives;
d) The extension of technical and financial assistance, and other social services;
e) The extension of assistance in processing and marketing;
f) The generation of ancillary livelihood activities;
g) The regulation of the small-scale mining industry with the view to encourage growth and productivity; and
h) The efficient collection of government revenue,
Declaration of People's Small-scale Mining Areas. - The Board is hereby authorized to declare and set aside people's
small-scale mining areas in sites onshore suitable for small-scale mining subject to review by the Secretary, immediately
giving priority to areas already occupied and actively mined by small-scale miners before August I, 1987; Provided, That
such areas are not considered as active mining areas; Provided further, That the minerals found therein are technically
and commercially suitable for small-scale mining activities: Provided, finally, That the areas are not covered by existing
forest rights or
Reservations and have not been declared as tourist or marine reserves, parks and wildlife reservations,
unless their status as such is withdrawn by competent authority.
DECLARATION OF PEOPLES SMALL SCALE MINING AREAS

• A.k.a MINAHANG BAYAN
• Provincial/ City Mining Regulatory Board
REQUIREMENTS OF MINAHANG BAYAN

• Areas are active mining areas
• Minerals found therein are technically and commercially suitable for small scale mining activities
AREAS OPEN FOR MINAHANG BAYAN

• Already occupied and actively mined by small miners before August 1, 1987
• Public lands covered by mining areas
• Public lands covered by existing mining rights which are not active mining areas: and
• Private lands subject to the consent of the land owners and a royalty that is maximum 1% of the gross value of the
minerals recovered
GENERAL RULE:
No ancestral land may be declared as a people's small-scale mining area without the prior consent of the cultural
communities concerned: Provided, That, if ancestral lands are declared as people's small-scale mining areas, the
members of the cultural communities therein shall be given priority in the awarding of small-scale mining
contracts.
Kyasurin Notes 45
MIDTERMS

RA 7076 (JUNE 27, 1991)
REGISTRATION OF SMALL SCALE MINERS

• All persons undertaking small-scale mining activities shall register as miners with the Board and may organize
themselves into cooperatives in order to qualify for the awarding of a people's small-scale mining contract.
• Section 5: General Provisions:
o No small scale mining shall be undertaken outside a Minahang Bayan and that no entity shall engage in
small scale mining without a small scale mining contract. Likewise, no person shall work or be hired to
work in small scale mining and other similar operations unless registered with the Board.
• Peoples Small Scale Mining Act of 1991, DENER AO NO. 003-15 (March 16, 2015)
AWARDS OF PEOPLES SMALL SCALE MINING CONTRACTS

• Award of People's Small-scale Mining Contracts. - A people's small-scale mining contract may be awarded, by the
Board to small-scale miners who have voluntarily organized and have duly registered with the appropriate
government agency as an individual miner or cooperative: Provided, That only one (I) people's small-scale mining
contract may be awarded at anyone time to a small-scale mining contractor who shall start mining operations within
one (I) year from the date of award: Provided. Further that priority shall be given to small-scale miners residing in
the province or city where the small-scale mining area is located.
• Applications for a contract shall be subject to a reasonable fee to be paid to the Department of Environment and
Natural Resources regional office having jurisdiction over the area.
CONDITIONS:
• Miners have voluntarily organized and have been registered as an individual miner or cooperative
• Only one mining contract may be awarded at any one time within one year from the date of the award
CANCELLATION OF SMALL SCALE MINING CONTRACTS

• Failure to comply with the terms and conditions of the small scale mining contract/ mineral processing license
• Violation of any provision of RA7076 and this AO and other applicable laws, rules and regulation
• Non-payment of fees, taxes, royalties and/ or government production share in accordance with the AO and other
applicable laws, rules and regulation for two (2) consecutive years
• Abandonement of the small scale mining contract area or mineral processing plant by the small scale miners or
mineral processing respectively
• Any misrepresentation in any statement made in the application or those made later in support thereof
• Commiting acts constituting unfair competition when antional interest and public welfare so require of for
environmentaal protection or ecological reason
• When the minahang bayan has been reverted pursuan to Section 12 thereof
Q.WHAT SHALL BE THE EXTENT OF THE CONTRACT AREA?

A. The Board shall determine the reasonable size and shape of the contract area following the meridional block system
established under Presidential Decree No. 463, as amended, otherwise known as the Mineral Resources Development
Decree of 1974, but in no case shall the area exceed twenty hectares (20 has.) per contractor and the depth or length or
length of the tunnel or adit not exceeding that recommended by the director taking into account the following circumstances:
• Size of membership and capitalization of the cooperative;
• Size of mineralized area;
• Quantity of mineral deposits;
• Safety of miners;
• Environmental impact and other considerations; and
• Other related circumstances.
EASEMENT RIGHTS
Upon the declaration of a people's small-scale mining area, the director, in. consultation with the operator, claimowner,
landowner or lessor of an affected area, shall determine the right of the small-scale miners to existing facilities such as
mining and logging roads, private roads, port and communication facilities, processing plant which are necessary for the
effective implementation of the People's Small-scale Mining Program, subject: to payment of reasonable fees to
theoperator, claimowner, landowner or lessor.
THE SMALL SCALE MINERS MAY BE GRANTED EASEMENTS TO EXISTING FACILITIES:

• Mining roads
• Logging roads
• Private roads
• Port and communication facilities
• Processing plants
Q. WHAT ARE THE RIGHTS UNDER THE PEOPLES SMALL SCALE MINING CONTRACT
A. Section 12. Rights under a People's Small-scale Mining Contract - A people's small-scale mining contract entitles the
small-scale mining contractor to the right to mine, extract and dispose of mineral ores
for commercial purposes. In no case shall a small-scale mining contract be subcontracted, assigned or
otherwise transferred.
Kyasurin Notes 46
MIDTERMS

RA 7076 (JUNE 27, 1991)
Q. CAN MINING CONTRACTS BE TRANSFERRED?

A. NO
In no case shall a small scale mining contract be subcontracted, assigned or otherwise transferred.
TERMS OF MINING CONTRACT

Terms and Conditions of the Contract - A contract shall have a term of two (2) years, renewable subject to verification by
the Board for like periods as long as the contractor complies with the provisions set forth in this Act, and confers upon the
contractor the right to mine within the contract area.
DUTIES AND OBLIGATIONS OF A HOLDER OF SMALL SCALE MINING CONTRACT

• Undertake mining activities only in accordance with a mining plan duly approved by the Board;
• Abide by the Mines and Geosciences Bureau and the Small-scale Mining Safety Rules and
• Regulations;
• Comply with his obligations to the holder of an existing mining right;
• Pay all taxes, royalties or government production share as are now or may hereafter be provided by
• law;
• Comply 'with pertinent rules and regulations on environmental protection and conservation,
• particularly those on tree-cutting; mineral-processing and pollution control;
• File under oath at the end of each month a detailed production and financial report to the Board; and
• Assume responsibility for the safety of persons working in the mines
WHAT ARE THE RIGHTS OF PRIVAYE LAND OWNERS

• The private landowner or lawful possessor shall be notified of any plan or petition to declare his land as a people's
mining area. Said landowner may oppose such plan or petition in an appropriate proceeding and hearing
conducted before the Board.
• If a private land is declared as a people's small-scale mining area, the owner and the small scale mining contractors
are encouraged to enter into a voluntary and acceptable contractual agreement for the small-scale utilization of
mineral values from the private land: Provided, That the owner shall in all cases be entitled to the payment of actual
damages which he may suffer as a result of such declaration: Provided further, That royalties paid to the owner
shall in no case exceed one percent (1%) of the gross vale of the minerals recovered as royalty.
• The private land owner shall be notified of the plan or petition to declare his land as peoples small scale mining
area
• In case of opposition, he will be heard by the boars thru a hearing called for such purpose
• It is declares as small scale niming area and the contractors are engaged to enter into a voluntary contractual
agreement ‘
• The owner is entitked to actual damages which he may suffer as a result of such declaration
• The royalty shall not exceed 1 % of the gross value of the mineral recovered
SALE OF GOLD
• All gold produce by small-scale miners in any mineral area shall be sold to the Central Bank, or its duly authorized
representatives, which shall buy it at prices competitive with those prevailing in the world market regardless of
volume or weight.
• The Central Bank shall establish as many buying stations in gold-rush areas to fully service the requirements of
the small-scale minerals thereat.
PEOPLES SMALL SCALE MINING PROTECTION FUND

• There is hereby created a People's Small-scale Mining Protection Fund which shall be fifteen percent (15%) of the
national government's share due the Government which shall be used primarily for the information dissemination
and training of smallscale miners, on safety, health and environmental protection, and the establishment of mine
rescue and recovery teams including the procurement of rescue equipment necessary in cases of emergencies
such as landslides, tunnel collapse, or the like.
• The fund shall also be made available to address the needs of the small-scale miners brought about by accidents
and/or fortuitous events.
REVERSION OF PEOPLES SMALL SCALE MINING AREAS

The Secretary, upon recommendation of the director, shall withdraw the status of the people's small-scale mining area
when It can no longer be feasibly operated on a small-scale mining basis or when the safety, health and environmental
conditions warrant that the same shall revert to the State for proper disposition.
REVERTED BY THE STARE UPON THE RECOMMENDATION OF DENR SECRETARY

• It can no longer be economically and efficiently operated on a small scale mining basis
• The working condition endanger the lives and health of the miners
• Small scale mining causes signifcant destruction to the environment
• There is continuous disturbance of peace for six (6) consecutive moths causing loss of lives and property
Kyasurin Notes 47
MIDTERMS

RA 7076 (JUNE 27, 1991)
PROVINCIAL/ CITY MINING BOARD

SECTION 24. Provincial/Citv Mining Regulatorv Board. - There is hereby created under the direct supervision and control
of the Secretary a provincial/city mining regulatory board, herein called the Board, which shall be the implementing agency
of the Department.
POWERS AND FUNCTIONS

• Declare and segregate existing gold-rush areas for small-scale mining;
• Reserve future gold and other mining areas for small-scale mining;
• Award contracts to small-scale miners;
• Formulate and implement rules and regulations related to small-scale mining;
• Settle disputes, conflicts or litigations over conflicting claims within a people's small-scale mining
• area, an area that is declared a small-scale mining area; and
• Perform such other functions as may be necessary to achieve the goals and objectives of this Act.
MONCAYO INTEGRATED SMALL-SCALE MINERS ASSOCIATION, INC. [MISSMA], Petitioner, v. SOUTHEAST

MINDANAO GOLD MINING CORP
MAB’s jurisdiction covers the settlement of conflicts over mining claims, the Provincial Mining Regulatory Board (PMRB) —
created under Republic Act No. 7076 known as the People’s Small-Scale Mining Act of 1991 — granted powers that include
functions more executive in nature such as declaring and segregating areas for small-scale mining. It has the power to
declare gold-rich areas for small scale mining but under the direct supervision and control of the secretary.
COMPOSITION OF THE MINING REGULATORY BOARD
Composition of the Provincial/City Board. - The Board shall be composed of the Department of Environment and Natural
Resources representative as Chairman; and the representative of the governor or city mayor, as the case may be, one
(1) small-scale mining representative, one ( I) big-scale mining representative, and the 'representative from a
nongovernment organization who shall come from an environmental group, as members.
Q. CAN THE DENR SECRETARY DECLARE INVALID AND CANCELLED THE SMALL-SCALE MINING PERMITS
ISSUED BY THE PROVINCIAL GOVERNOR AS A LEGITIMATE EXERCISE OF HIS POWER OF REVIEW UNDER RA
7076?
LEAGUE OF PROVINCES OF THE PHILIPPINES VS DENR (GR NO 175368)
• Small scale mining is to be implemented by the DENR Secretary in coordination with other concerned local
government agencies. The LGC did not fully devolve the enforcement of the small scale mining law to the provincial
governmnet as its enforcement is subject to the supervisio , control, review of the Secretary of DENR.
• The SC uphold the decision of the DENR Secretary which declared invalid and cancelled the small-scale mining
permits issued by the provincial governor as a legitimate exercise of his power under RA 7076.
POWER OF CONTROL OF THE DENR SECRETARY
• Section 26. Administrative Supervision over the People's Small-scale Mining Program. – The Secretary through
his representative shall exercise direct supervision and control over the program and activities of the small-scale
miners within the people's small-scale mining area.
• The Secretary shall within ninety (90) days from the effectivity of this Act promulgate rules and regulations to
effectively implement the provisions of the same. Priority shall be given to such rules and regulations that will
ensure the least disruption in the operations of the small-scale miners.
-- END--
Kyasurin Notes 48

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NATURAL RESOURCES CY 2017-2018

REVISED FORESTRY CODE OF THE PHILIPPINES

FORESTRY LAWS OF THE PHILIPPINES

SECTION 2: STATE POLICIES

SECTION 3: DEFINITION OF TERMS

Classification of Philippines’ Land Resources

DENR: IMPLEMENTING AGENCY

FOREST MANAGEMENT BUREAU (FMB)

JURISDICTION OF THE FMB

EXHAUSTION OF ADMINISTRATIVE LIABILITIES (Paat vs CA)

FINALITY OF ADMINISTRATIVE DECISIONS

CLASSIFICATION AND SURVEYS

MANGROVE SWAMPS ARE IN THE CATEGORY OF FOREST LANDS

Q. WHAT IF THERE WAS A SURVEY PLAN APPROVED BY THE DIRECTOR OF LANDS,

Q. IF THE DIRECTOR OF LANDS DOESN’T HAVE THE AUTHORITY TO DECLARE

RESERVATION OF FOREST LANDS AND OFF-SHORE AREAS

Q. WHAT HAPPENS IF DURNG THE PENDENCY OF THE TIMBER CONCESSION, AN

LICENSE AGREEMENT, LICENSE, LEASE OR PERMIT

Ø Ysmael vs Dep. Executive Secretary

CRIMINAL OFFENSES AND PENALTIES

Ø Q. HOW MANY OFFENSES ARE PUNISHED UNDER SECTION 68 OF PD 705, AS

OFFENSES COVERED DEFENSES WHICH MAY BE RAISED

Mere possession of forest products without

WON the lumber comes from a legal source is

Ø In these offenses, is intent necessary?

Ø What is meant by Possession under PD 705 as amended?

Ø Is lumber covered by Section 68 of PD 705 as amended?

• The Revised Forestry Code contains no definition of either timber or lumber.

Ø JURISDICTION: criminal offense/ confiscation

o Search and Seizure WITHOUT WARRANT

WATER CODE OF THE PHILIPPINES

WATER CODE OF THE PHILIPPINES or PD 1076

ARTICLES II OBJECTIVES OF THE CODE

WHAT IS THE MEANING OF WATERS AS USED IN THE CODE? (ARTICLE 4)

UNDERLYING PRINCIPLES UNDER SECTION 3

STATE OWNERSHIP OF WATERS (ARTICLE 5) THESE WATERS ARE OWNED BY THE

WHAT IS APPROPRIATION OF WATERS (ARTICLE 9)

Ø Q. WHO CAN APPLY WATER PERMIT TO APPROPRIATE WATER? (ARTICLE 15)

IDEALS vs. PSALM, GR no. 192088, October 9, 2012

WATER RIGHTS AND WATER PERMITS (ARTICLE 13)

Ø Q. WHERE CAN A PERSON FILE AN APPLICATION FOR A WATER PERMIT?

Ø Q. WHEN IS THE RIGHT TO USE WATER ACQUIRED? ARTICLE 17)

Ø Q. WHEN CAN A PERSON APPROPRIATE OR USE NATURAL BODIES OF WATER

Ø Grounds for Revocation of Water Permit (ARTICLE 19)

PROHIBITION AND CONDITIONS FOR USE OF WATER

Remman Enterprises vs. CA (GR no. 125018, April 6, 2000)

Ø Control of Water: FLOOD CONTROL AREAS (ARTICLE 53-55)

RIVERS AND LAKES MAY BE DECLARED NAVIGABLE

STA. ROSA REALTY DEVELOPMENT CORPORATION VS. COURT OF APPEALS

COLLADO VS. COURT OF APPEALS

NATIONAL WATER RESOURCES BOARD

TANJA WATER DISTRICT VS. GABATON (GR no. L-63742)

JURISDICTION OF REGULAR COURTS

APPEALS OF DECISIONS OF NWRB (ARTICLE 89) in relation to Section 78 of 2005 IRR

APPEAL UNDER SECTION 78 of 2005 IRR

GROUNDS FOR MR/REINVESTIGATION

PHILIPPINE CLEAN AIR ACT OF 1999

DECLARATION OF PRINCIPLES (SECTION 2)

WHAT IS SUSTAINABLE DEVELOPMENT?

DECLARATION OF POLICIES (SECTION 3)

RECOGNITION OF RIGHTS (SECTION 4)

SECTION 5 – DEFINITION OF TERMS

POLLUTION AND CLEARANCE (SECTION 16)