NATURAL RESOURCES AND ENVIRONMENTAL LAW
FINALS REVIEWER
ILAGAN, MARIA MARTHA YSABEL D.
MODULE 4: BRIEF OVERVIEW OF ENVIRONMENTAL
LAWS
LAND AND LAND USE
 Constitutional Basis
o Art. XII, Sec. 2
 Section 2. All lands of the public domain,
waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are
owned by the State. With the exception of
agricultural lands, all other natural resources
shall not be alienated. The exploration,
development, and utilization of natural
resources shall be under the full control and
supervision of the State.
 The State may directly undertake such
activities, or it may enter into co- production,
joint venture, or production-sharing
agreements with Filipino citizens, or
corporations or associations at least sixty per
centum of whose capital is owned by such
citizens. Such agreements may be for a
period not exceeding twenty-five years,
renewable for not more than twenty-five
years, and under such terms and conditions
as may be provided by law.
 In cases of water rights for irrigation, water
supply fisheries, or industrial uses other than
the development of water power, beneficial
use may be the measure and limit of the
grant.
 The State shall protect the nation’s marine
wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to
Filipino citizens.
 The Congress may, by law, allow small-scale
utilization of natural resources by Filipino
citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and
lagoons.
 The President may enter into agreements
with foreign-owned corporations involving
either technical or financial assistance for
large-scale exploration, development, and
utilization of minerals, petroleum, and other
mineral oils according to the general terms
and conditions provided by law, based on
real contributions to the economic growth
and general welfare of the country. In such
agreements, the State shall promote the
development and use of local scientific and
technical resources.
 The President shall notify the Congress of
every contract entered into in accordance
with this provision, within thirty days from
its execution
o Art. XII, Sec.3
 Section 3. Lands of the public domain are
classified into agricultural, forest or timber,
mineral lands and national parks.
Agricultural lands of the public domain may
be further classified by law according to the
uses to which they may be devoted.
Alienable lands of the public domain shall be
limited to agricultural lands. Private
corporations or associations may not hold
such alienable lands of the public domain
except by lease, for a period not exceeding
twenty-five years, renewable for not more
than twenty-five years, and not to exceed
one thousand hectares in area. Citizens of
the Philippines may lease not more than five
hundred hectares, or acquire not more than
twelve hectares thereof, by purchase,
homestead, or grant.
 Taking into account the requirements of
conservation, ecology, and development,
and subject to the requirements of agrarian
reform, the Congress shall determine, by law,
the size of lands of the public domain which
may be acquired, developed, held, or leased
and the conditions therefor.
 Public Land Act
o Chapter II, Sec. 6
 The Governor-General, upon the
recommendation of the Secretary of
Agriculture and Natural Resources, shall
from time to time classify the lands of the
 public domain into — (a) Alienable or
disposable (b) Timber and
 (c) Mineral
lands
and may it any time and in a like manner
transfer such lands from one class to another,
for the purposes of their government and
disposition.
o Chapter II, Sec. 7
 For the purpose of the government and
disposition of alienable or disposable public
lands, the Governor-General, upon
recommendation by the Secretary of
Agriculture and Natural Resources, shall
from time to time declare what lands are
open to disposition or concession under this,
Act.
o Chapter II, Sec. 8
 Only those lands shall be declared open to
disposition or concession which have been
officially delimited and classified and, when
practicable, surveyed, and which have not
been reserved for public or quasi-public uses,
not appropriated by the Government, nor in
any manner become private property, nor
those on which a private right authorized
and recognized by this Act or any other valid
law may be claimed, or which, having been
reserved or appropriated, have ceased to be
so.
 However, the Governor-General may, for
reasons of public interest, declare lands of
the public domain open to disposition before
the same have had their boundaries
established or been surveyed, or may, for
the same reasons, suspend their concession
or disposition by proclamation duly
published or by Act of the Legislature
o Chapter II, Sec. 9
 For the purposes of their government and
disposition, the lands of the public domain
alienable or open to disposition shall be
classified, according to the use or purposes
to which such lands are destined, as follows:
 (a) Agricultural
 o
 (b) Commercial, industrial, or for similar
productive purposes.
 must, therefore, be a matter of proof. Its
 (c) Educational, charitable, and other
similar purposes.
 (d) Reservations for town sites, and for
public and quasi-public uses.
 The Governor-General, upon
recommendation by the Secretary of
Agriculture and Natural Resources, shall
from time to time make the classification
provided for in this section, and may, at any
time and in a similar manner, transfer lands
from one class to another.
 Cruz v DENR Secretary
o No, the provisions of IPRA do not contravene
the Constitution.
o Examining the IPRA, there is nothing in the law
that grants to the ICCs/IPs ownership over the
natural resources within their ancestral domain.
Ownership over the natural resources in the
ancestral domains remains with the State and
the rights granted by the IPRA to the ICCs/IPs
over the natural resources in their ancestral
domains merely gives them, as owners and
occupants of the land on which the resources
are found, the right to the small scale utilization
of these resources, and at the same time, a
priority in their large scale development and
exploitation.
o Additionally, ancestral lands and ancestral
domains are not part of the lands of the public
domain. They are private lands and belong to
the ICCs/IPs by native title, which is a concept of
private land title that existed irrespective of any
royal grant from the State. However, the right
of ownership and possession by the ICCs/IPs of
their ancestral domains is a limited form of
ownership and does not include the right to
alienate the same.
 Ankron v Government of the Philippine Islands
o Considering the fact that it is a matter of public
knowledge that a majority of the lands in the
Philippine Islands are agricultural lands, that the
courts have a right to presume, in the absence
of evidence to the contrary, that in each case
the lands are agricultural lands until the
contrary is shown.
Whatever the land involved in a particular land
registration case is forestry or mineral land
superior value for one purpose or the other is a
question of fact to be settled by the proof in
each particular case.

o The fact that the land is amanglar[mangrove
swamp] is not sufficient for the courts to decide
whether it is agricultural, forestry, or mineral
land. It may perchance belong to one or the
other of said classes of land
o The Government, in the first instance, under
the provisions of Act No. 1148, may, by
reservation, decide for itself what portions of
public land shall be considered forestry land,
unless private interests have intervened before
such reservation is made.
o In the latter case, whether the land is
agricultural, forestry, or mineral, is a question of
proof. Until private interests have intervened,
the Government, by virtue of the terms of said
Act (No. 1148), may decide for itself what
portions of the "public domain" shall be set
aside and reserved as forestry or mineral land.
 Heirs of Amanutegui v Director of Forestry
o A forested area classified as forest land of the
public domain does not lose such classification
simply because loggers or settlers may have
stripped it of its forest cover.
o The classification is descriptive of its legal
nature or status and does not have to be
descriptive of what the land actually looks like.
Unless and until the land classified as "forest" is
released in an official proclamation to that
effect so that it may form part of the disposable
agricultural lands of the public domain, the
rules on confirmation of imperfect title do not
apply.
 Sta. Rosa Devt v CA
o Clearing and tilling of the lands are totally
inconsistent with sound watershed
management. More so, the introduction of
earth disturbing activities like road building and
erection of permanent infrastructures. Unless
the pernicious agricultural activities of the
Casile farmers are immediately stopped, it
would not be long before these watersheds
would cease to be of value. The impact of
watershed degredation threatens the livelihood
of thousands of people dependent upon it.
NATIONAL INTEGRATED PROTECTED AREAS
SYSTEM ACT (NIPAS) ACT OF 1992
(RA 7586)
 Protected Areas
o Refers to identified portions of land and water
set aside by reason of their unique physical and
biological significance, managed to enhance
biological diversity and protected against
destructive human exploitation;
o As of 2012, there are 240 protected areas in the
Philippines covering a total area of 35,700
square kilometres (13,800 sq mi) – 11.9% of the
Philippines' total land area
 National Integrated Protected Areas System
o It is the classification and administration of all
designated protected areas to maintain
essential ecological processes and life-support
systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and
to maintain their natural conditions to the
greatest extent possible;
 Categories of protected areas
o Strict nature reserve

o Natural park
o Natural monument
o Wildlife sanctuary

o Protected landscapes and seascapes
o Resource reserve
o Natural biotic areas
o Other categories established by law,
conventions or international agreements which
the Philippine Government is a signatory
 Criteria for Determination of the Appropriate
Category for a Proposed Protected Area
o Natural Features
o Management Objectives
o Allowable Human Activities
 Strict Nature Reserve
o is an area possessing some outstanding
ecosystem, features and/or species of flora and
fauna of national scientific importance
maintained to protect nature and maintain
processes in an undisturbed state in order to
have ecologically representative examples of
the natural environment available for scientific
study, environmental monitoring, education,
and for the maintenance of genetic resources in
a dynamic and evolutionary state;
 Natural Park
o is a relatively large area not materially altered
 by human activity where extractive resource
uses are not allowed and maintained to protect
outstanding natural and scenic areas of national
or international significance for scientific,
educational and recreational use;
 Natural Monument
o is a relatively small area focused on protection
of small features to protect or preserve
nationally significant natural features on
account of their special interest or unique
characteristics;
 Wildlife Sanctuary
o Comprises an area which assures the natural
conditions necessary to protect nationally
significant species, groups of species, biotic
communities or physical features of the
environment where these may require specific
human manipulations for their perpetuation.
 Protected Landscapes and Seascapes
o are areas of national significance which are
characterized by the harmonious interaction of
man and land while providing opportunities for
public enjoyment through the recreation and
tourism within the normal lifestyle and
economic activity of these areas;
 Resource Reserve
o is an extensive and relatively isolated and
uninhabited area normally with difficult access
designated as such to protect natural resources
of the area for future use and prevent or
contain development activities that could affect
the resource pending the establishment of
objectives which are based upon appropriate
knowledge and planning;
 Natural Biotic Areas
o is an area set aside to allow the way of life of
societies living in harmony with the
environment to adapt to modern technology at
their pace;
 Other Categories Established by Law, Conventions
or International Agreements which the Philippine
Government is a Signatory
o Wilderness areas
 Establishment and Extent of the System (Sec. 5)
o All areas or islands in the Philippines
proclaimed, designated or set aside, pursuant
to a law, presidential decree, presidential
proclamation or executive order as protected
areas before the effectivity of this Act are
hereby designated as initial components of the
System.
o Within one (1) year from the effectivity of this
Act, the DENR shall submit to the Senate and
the House of Representatives a map and legal
descriptions or natural boundaries of each
protected area initially comprising the System.
o All DENR records pertaining to said protected
areas, including maps and legal descriptions or
natural boundaries, copies of rules and
regulations governing them, copies of public
notices of, and reports submitted to Congress
regarding pending additions, eliminations, or
modifications shall be made available to the
public.
 Administration and Management of the System
(Sec. 10)
o The National Integrated Protected Areas System
is hereby placed under the control and
administration of the DENR.
o The Protected Areas and Wildlife Division thus
established shall manage protected areas and
promote the permanent preservation, to the
greatest extent possible of their natural
conditions.
 Protected Area Management Board (Sec. 11)
o The Board shall, by a majority vote, decide: the
allocations for budget,
 approve proposals for
funding, decide matters relating to planning,
peripheral protection and general
administration of the area in accordance with
the general management strategy.
 Prohibited Acts (Sec. 20)
o Hunting, destroying, disturbing, or mere
possession of any plants or animals or products
derived therefrom without a permit from the
Management Board;
o Dumping of any waste products detrimental to
the protected area, or to the plants and animals
or inhabitants therein;
o Use of any motorized equipment without a
permit from the Management Board;
o Mutilating, defacing or destroying objects of
natural beauty, or objects of interest to cultural
communities (of scenic value);
o Damaging and leaving roads and trails in a
damaged condition; Squatting, mineral locating,
or otherwise occupying any land;
 o Constructing or maintaining any kind of
structure, fence or enclosures, conducting any
business enterprise without a permit;
o Leaving in exposed or unsanitary conditions
refuse or debris, or depositing in ground or in
bodies of water; and
o Altering, removing destroying or defacing
boundary marks or signs.
 Penalties (Sec. 21)
o Fine in the amount of not less than Five
thousand pesos (P5,000) nor more than Five
hundred thousand pesos (P500,000), exclusive
of the value of the thing damaged or
imprisonment for not less than one (1) year but
not more than six (6) years, or both, as
determined by the court
o If the area requires rehabilitation or restoration
as determined by the court, the offender shall
be required to restore or compensate for the
restoration to the damages
o Eviction of the offender from the land and the
forfeiture in favor of the Government of all
minerals, timber or any species collected or
removed including all equipment, devices and
firearms used in connection therewith, and any
construction or improvement made thereon by
the offender
WILDLIFE RESOURCES CONSERVATION AND
PROTECTION ACT
(RA 9147)
 Wildlife Species
o “Wildlife” means wild forms and varieties of
flora and fauna, in all developmental stages,
including those which are in captivity or are
being bred or propagated;
o “Threatened species” a general term to denote
species or subspecies considered as critically
endangered, endangered, vulnerable or other
accepted categories of wildlife whose
population is at risk of extinction;
o “Critically endangered species” refers to a
species or subspecies that is facing extremely
high risk of extinction in the wild in the
immediate future;
o “Endangered species” refers to species or
subspecies that is not critically endangered but
whose survival in the wild is unlikely if the
causal factors continue operating;
o “Vulnerable species” refers to species or
subspecies that is not critically endangered nor
endangered but is under threat from adverse
factors throughout their range and is likely to
move to the endangered category in the near
future;
 Declaration of Policy
o It shall be the policy of the State to conserve
the country’s wildlife resources and their
habitats for sustainability. In the pursuit of this
policy, this Act shall have the following
objectives:
 to conserve and protect wildlife species and
their habitats to promote ecological balance
and enhance biological diversity;
 to regulate the collection and trade of
wildlife;
 to pursue, with due regard to the national
interest, the Philippine commitment to
international conventions, protection of
wildlife and their habitats; and
 to initiate or support scientific studies on
the conservation of biological diversity.
 Scope of Application
o The provisions of this Act shall be enforceable
for all wildlife species found in all areas of the
country, including protected areas under
Republic Act No. 7586, otherwise known as the
National Integrated Protected Areas System
(NIPAS) Act, and critical habitats.
o This Act shall also apply to exotic species which
are subject to trade, are cultured, maintained
and/or bred in captivity or propagated in the
country.
 Jurisdiction of the DENR and the Department of
Agriculture
o The DENR shall have jurisdiction over all
terrestrial plant and animal species, all turtles
and tortoises and wetland species, including but
not limited to crocodiles, waterbirds and all
amphibians and dugong.
o The Department of Agriculture (DA) shall have
jurisdiction over all declared aquatic critical
habitats, all aquatic resources, including but not
limited to all fishes, aquatic plants,
invertebrates and all marine mammals, except
dugong. The secretaries of the DENR and the DA
shall review, and, by joint administrative order,
revise and regularly update the list of species
under their respective jurisdiction.
 o In the Province of Palawan, jurisdiction herein
conferred is vested to the Palawan Council for
Sustainable Development pursuant to Republic
Act No. 7611.x
 Some Human Activities Regulated by the law
o Collection of Wildlife (Sec. 7)
o Possession of Wildlife (Sec. 8)
o Collection and/or Possession of By-Products and
Derivatives (Sec. 9)
o Exportation and/or Importation of Wildlife (Sec.
11)
o Introduction, Reintroduction or Restocking of
Endemic or Indigenous Wildlife (Sec. 12)
o Introduction of Exotic Wildlife (Sec.
13)
 Bioprospecting (Sec. 14)
 Scientific
Researches on Wildlife (Sec. 15)
 Commercial
Breeding or Propagation of Wildlife Resources
(Sec. 17)
 Authority of the Secretary to Issue Permits (Sec.
20)
o Wildlife farm or culture permit 3 to 5 years;
o Wildlife collector’s permit 1 to 3 years;
o Gratuitous permit 1 year;
 o
o Local transport permit 1 to 3 months;
o Export/Import/Reexport permit 1 to 6 months.
o These permits may be renewed subject to the
guidelines issued by the appropriate agency and
upon consultation with concerned groups.
 Fees and Charges (Sec. 21)
o Reasonable fees and charges as may be
determined upon consultation with the
concerned groups, and in the amount fixed by
the Secretary shall be imposed for the issuance
of permits enumerated in the preceding
section.
o For the export of wildlife species, an export
permit fee of not greater than three percentum
(3%) of the export value, excluding transport
costs, shall be charged: Provided, however, That
in the determination of aforesaid fee, the
production costs shall be given due
consideration.
 Illegal Acts (Sec. 27)
o Killing and destroying wildlife species, except in
the following instances;
 when it is done as part of the religious
rituals of established tribal groups or
indigenous cultural communities;
 when the wildlife is afflicted with an
incurable communicable disease;
 when it is deemed necessary to put an end
to the misery suffered by the wildlife;
 when it is done to prevent an imminent
danger to the life or limb of a human being;
and
 when the wildlife is killed or destroyed after
it has been used in authorized research or
experiments.
o Inflicting injury which cripples and/or impairs
the reproductive system of wildlife species;
o Effecting any of the following acts in critical
habitat(s):
 dumping of waste products
detrimental to wildlife;
 squatting or otherwise
occupying any portion of the critical habitat;
mineral exploration and/or
extraction;
 burning;
 logging; and
 quarrying
introduction, reintroduction or restocking of
wildlife resources;
Trading of wildlife;
o Collecting, hunting or possessing wildlife, their
by-products and derivatives;
o gathering or destroying of active nests, nest
trees, host plants and the like;
o maltreating and/or inflicting other injuries not
covered by the preceding paragraph; and
o transporting of wildlife.
 Penalties for Violations of this Act (Sec. 28)
o Any person who undertakes illegal acts under
Section 27 may suffer imprisonment and/or
imposition of fines, depending on the illegal act
committed.
o All wildlife, its derivatives or by-products, and
all paraphernalia, tools and conveyances used
in connection with violations of this Act, shall be
ipso facto forfeited in favor of the government:
Provided, That where the ownership of the
aforesaid conveyances belong to third persons
who has no participation in or knowledge of the
illegal acts, the same may be released to said
owner. The apprehending agency shall
immediately cause the transfer of all wildlife
that have been seized or recovered to the
nearest Wildlife Rescue Center of the
Department in the area.
o If the offender is an alien, he shall be deported
after service of sentence and payment of fines,
 without any further proceedings.
 Miscellaneous Provisions
o Section 29. Wildlife Management Fund.
 There is hereby established a Wildlife
Management Fund to be administered by
the Department as a special account in the
National Treasury. It shall finance
rehabilitation or restoration of habitats
affected by acts committed in violation of
this Act and support scientific research,
enforcement and monitoring activities, as
well as enhancement of capabilities of
relevant agencies.
 The Fund shall derive from fines imposed
and damages awarded, fees, charges,
donations, endowments, administrative
fees or grants in the form of contributions.
Contributions to the Fund shall be
exempted from donor taxes and all other
taxes, charges or fees imposed by the
government.
o Section 34. Exemption from Taxes.
 Any donation, contribution, bequest,
subsidy or financial aid which may be made
to the Department of Environment and
Natural Resources or to the Department of
Agriculture and to NGOs engaged in wildlife
conservation duly registered with the
Securities and Exchange Commission as
certified by the local government unit, the
Department of Environment and Natural
Resources or the Department of
Agriculture, for the conservation and
protection of wildlife resources and their
habitats shall constitute as an allowable
deduction from the taxable income of the
donor and shall be exempt from donor’s
tax.
REVISED FORESTRY CODE OF THE PHILIPPINES
PRESIDENTIAL DECREE NO. 705
 Forests
o Among the most valuable natural resources in
the Philippines.
o They provide a range of ecosystem services,
ranging from the provision of food crops,
livestock and fish to providing recreational
experiences.
o Forests also serve as significant carbon sink and
are vital for biological conservation and
environmental protection, locations for
education and research, habitat for indigenous
flora and fauna, and resettlement areas.
 Forest Defined
o The Forest Management Bureau (FMB) of the
Department of Environment and Natural
Resources (DENR) defines “forest” as land with
an area of more than 0.5 hectare and tree
crown cover (or equivalent stocking level) of
more than 10percent. The trees should be able
to reach a minimum height of 5 meters at
maturity in situ (original position/location).
o Forest lands include the public forest, the
permanent forest or forest reserves, and forest
reservations.
o 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.
o Permanent forest or forest reserves refer to
those lands of the public domain which have
been the subject of the present system of
classification and determined to be needed for
forest purposes.
o Forest reservations refer to forest lands which
have been reserved by the President of the
Philippines for any specific purpose or
purposes.
 Philippine Setting
o In 1934, forests comprised more than half (57%)
of the country’s total land area. 

o By 2010, the forest cover has gone down to 23
percent or about 6.8 million hectares 

 State Policies
o The Land classification and survey shall be
systematized and hastened;
o The establishment of wood-processing plants
shall be encouraged and rationalized; and
o The protection, development and rehabilitation
of forest lands shall be emphasized so as to
ensure their continuity in productive condition.
o The multiple uses of forest lands shall be
oriented development and progress
 requirements of the country, advancement of
science and technology, and the public welfare;
o The numerous beneficial uses of the timber,
land, soil, water, wildlife, recreation value and
grass of forest lands shall be evaluated and
weighted before allowing the utilization,
exploitation, occupation or possession thereof,
or the conduct of any activity therein.
 License Agreement
o No person may utilize, exploit, occupy, possess
or conduct any activity within any forest land,
or establish and operate any wood-processing
plant, unless he has been authorized to do so
under a license agreement, lease, license, or
permit.
o Required inventory prior to timber utilization in
forest lands.
o No harvest of timber in any forest land shall be
allowed unless it has been the subject of at
least afive per cent (5%) timber inventory, or
any statistically sound timber estimate, made
not earlier than five (5) years prior to the
issuance of a license agreement or license
allowing such utilization.
 Industrial Tree Plantations and Tree Farms
o A lease for a period of twenty-five (25) years,
renewable for another period not exceeding
twenty-five (25) years may be granted.
o Any person qualified to develop and exploit
natural resources, over timber or forest lands of
the public domain
o Minimum area:
 • 1,000 hectares for industrial
tree plantations • 100 hectares for tree farms
 Recreation
o The Bureau shall, in the preparation of
multiple- use management plans, identify and
provide for the protection of scenic areas in all
forest lands which are potentially valuable for
recreation and tourism, and plan for the
development and protection of such areas to
attract visitors thereto and meet increasing
demands therefor.
 System of Land Classification
o The Department Head 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.
 Physical Parameter
o No land of the public domain eighteen per cent
(18%) in slope or over shall be classified as
alienable and disposable, nor any forest land
fifty per cent (50%) in slope or over, as grazing
land.
o Lands eighteen per cent (18%) in slope or over
which have already been declared as alienable
and disposable shall be reverted to the
classification of forest lands by the Department
Head, to form part of the forest reserves, unless
they are already covered by existing titles or
approved public land application, or actually
occupied openly, continuously, adversely and
publicly for a period of not less than thirty (30)
years as of the effectivity of this Code, where
the occupant is qualified for a free patent under
the Public Land Act
 Wood-Processing
o While establishment of wood-processing plants
shall be encouraged, their locations and
operations shall be regulated in order to
rationalize the industry.
o No new processing plant shall be established
unless adequate raw material is available on a
sustained- yield basis in the area where the raw
materials will come from.
 Incentives to the wood industry
o The Department Head, in collaboration with
other government agencies and the wood
industry associations and other private entities
in the country, shall evolve for the incentives
establishment of designated wood economic
area.
 Forest Protection
o All measures shall be taken to protect the forest
resources from destruction, impairment and
depletion.
o The utilization of timber therein shall not be
allowed except through license agreements
under which the holders thereof shall have the
exclusive privilege to cut all the allowable
harvestable timber in their respective
concessions, and the additional right of
occupation, possession, and control over the
 same, to the exclusion of all others, except the
government
 Visitorial Power
o The Department Head may, by himself or thru
the Director or any qualified person duly
designated by the Department Head,
investigate, inspect and examine records, books
and other documents pertaining to any holder
of a license of agreement, lease, or permit, or
affiliated companies, to determine compliance
with the terms and conditions thereof, this
Code and pertinent laws, policies, rules and
regulations.
 Management of Occupancy in Forest Lands
o The Bureau shall study, determine and define
which lands may be the subject of occupancy
and prescribed therein, an agro-forestry
development program.
o Occupants shall undertake measures to protect
forest resources.
o Any occupancy in forest land which will result in
sedimentation, erosion, reduction in water yield
and impairment of other resources to the
detriment of community and public interest
shall not be allowed.
 Criminal Offenses And Penalties
o Cutting, gathering and/or collecting, timber or
other products without license
o Possession of timber forest products without
the legal documents as required under existing
forest laws and regulations
o Qualified theft as defined and punished under
Articles 309 and 310 of the Revised Penal Code
o Confiscation in favor of the government of the
timber or forest products cut, gathered,
collected or removed, and the machinery,
equipment, implements and tools used therein
o Forfeiture of his improvements in the area
 Criminal Offenses And Penalties
o Unlawful occupation or destruction of forest
lands

 Fine in an amount of not less than P500.00
nor more than
P20,000.00; and Imprisonment for not less than
six (6) months nor more than two (2) years
o Payment of 10 times the rental fees and other
charges which would have been accrued had
the occupation and use of the land been
authorized under a license agreement, lease,
license or permit
o Eviction and forfeiture of all improvements
made and all vehicles, domestic animals and
equipment of any kind used in the commission
of the offense.
 Arrest; Institution of criminal actions.
o 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. 

o He shall also seize and confiscate, in favor of the
Government, the tools and equipment used in
committing the offense, and the forest products
cut, gathered or taken by the offender in the
process of committing the offense.
o 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
equipment to, and file the proper complaint
with, the appropriate official designated by law
to conduct preliminary investigations and file
informations in court. 

PHILIPPINE CLEAN AIR ACT OF 1999
RA 8749
 Air Pollution
o “Any alteration of the physical, chemical and
biological properties of the atmospheric air, or
any discharge thereto of any liquid, gaseous or
solid substances that will or is likely to create or
to render the air resources of the country
harmful, detrimental, or injurious to public
health, safety or welfare or which will adversely
affect their utilization for domestic, commercial,
industrial, agricultural, recreational, or other
legitimate purposes.” (Article II, Section 5 (b))
o Refers to the introduction of physico- chemical
or biological materialsintothe atmosphere that
may cause harm or discomfort to humans or
other living organisms, or deterioration of the
natural environment.
 AIR POLLUTANTS
 o Any matter found in the atmosphere other than
oxygen, nitrogen, water vapor, carbon dioxide,
and
o The inert gases all in their natural or normal
concentrations, that is detrimental to health or
the environment, which includes but not limited
to smoke, dust, soot, cinder, fly ash, solid
particles of any kind, gases, fumes, chemical
mists, contaminated steam and radioactive
substances. (Article II, Section 5 (a))
 Declared Principles
o The State shall protect and advance the right of
the people to a balanced and healthful ecology
in accord with the rhythm and harmony of
nature.
o The State shall promote and protect the global
environment to attain sustainable
development while recognizing the primary
responsibility of local government units to deal
with environmental problems.
o The practice of maintaining processes of
productivity indefinitely—natural or human
made— by replacing resources used with
resources of equal or greater value without
degrading or endangering natural biotic
systems.
o The State recognizes that the responsibility of
cleaning the habitat and environment is
primarily area-based.
The State also the principle that recognizes
“polluters must pay”.
o Finally, the State recognizes that a clean and
healthy environment is for the good of all and
should therefore be the concern of all.
 Polluter Pays Principle
o Aims at ensuring that the costs of
environmental control fall in the first place on
the polluters,
o thereby ensuring that market forces take these
costs into account and that resources would be
allocated accordingly in production and
consumption.
o Making use of pollution charges basically
embraces the "polluter pays" principle. The
principle is embodied in the idea that
environmental externalities should be
internalized by those who cause them. By
internalizing the cost of pollution, firms are
given an incentive to minimize the generation
of pollutants and/or provide treatment for the
pollution generated.
 Integrated Air Quality Improvement Framework
o A comprehensive air pollution management and
control program.
o The framework shall, among others, prescribe
the emission reduction goals using permissible
standards, control strategies and control
measures to undertaken within a specified time
period, including cost-effective use of economic
incentives, management strategies, collective
actions, and environmental education and
information.
o It shall be adopted as the official blueprint with
which all government agencies must comply
with to attain and maintain ambient air quality
standards.
 Government Agencies And Their Roles
o DOTC. design, impose on and collect regular
emission fees from motor vehicle as part of the
vehicle registration / renewal system, as the
case may be; implement the emission standards
for motor vehicles
o DOST. establish, in coordination with the DENR,
private sector , the academe, non-government
organizations and people’s organizations, a
National Research Development Program for
the prevention and control of air pollution
o DTI. develop an action plan for the control and
management of air pollution from motor
vehicles with the Integrated Air Quality
Management Framework; stablish the
procedures for the inspection of motor vehicles
and the testing of their emissions for the
purpose of determining the concentration
and/or rate of emission of pollutants discharged
by the said sources
o DOE. shall set specifications for all types of fuel
and fuel-related products, to improve fuel
composition for increased efficiency and
reduced emissions.
o PAGASA. regularly monitor meteorological
factors affecting environmental conditions
including ozone depletion and greenhouse
gases.
o DEPED, CHED, DILG and PIA. encourage
participation of government agencies and the
private sector including NGOs, POs, academe,
environmental groups and other private entities
in a multi-sectoral campaign
 o Philippine Nuclear Research Institute (PNRI).
regulate all projects which will involve the use
of atomic and/or nuclear energy, and will entail
release of radioactive substances into the
environment.
 Role of Local Government Units
o Share the responsibility in the management and
maintenance of air quality within their
territorial jurisdiction
o Implement air quality standards set by the
Board in areas within their jurisdiction
 DENR as the lead agency
o The DENR, shall be the primary government
agency responsible for the implementation and
enforcement of this Act.
o To be more effective in this regard, the
Department's Environmental Management
Bureau (EMB) shall be converted from a staff
bureau to a line bureau for a period of no more
than two (2) years, unless a separate,
comprehensive environmental management
agency is created.
 Powers And Functions Of The DENR
o To prepare annual National Quality Status
Report pursuant to Section 6 of the Act;
o To design and develop, in cooperation with the
National Statistical Coordination
Board (NCSB), an information network for data
storage, retrieval and exchange;
o To serve as the central depositary of all data
and information related to air quality;
o To issue and, from time to time, revise
information on air pollution control techniques
upon consultation with the appropriate
committees, government agencies and LGUs;
o In coordination with other concerned agencies,
review and/or revise and publish annually a list
of hazardous air pollutants with
corresponding ambient guideline values and/or
standard necessary to protect public health and
safety, and general welfare;
o To design, impose on and collect regular
emission fees from industrial dischargers as part
of the emissions permitting system based on
environmental techniques;
o To issue permit as it may determine necessary
for the prevention and abatement of air
pollution;
o To require program and project proponents to
put up financial guarantee mechanisms to
finance the needs for emergency response,
clean-up or rehabilitation of areas that may be
damaged during the program or project's actual
implementation;
o To review, or as the need therefore arises,
revise and publish emission standards to further
improve the emission sources of air pollution as
well standards for stationary as emission
standards for motor vehicles;
o To have the right of entry or access to any
premises including documents and relevant
materials; to inspect any pollution or waste
source, control devise, monitoring equipment
or method required; and to test any emission;
o To require any person who owns or operates
any emission source or who is subject to any
requirement of the Act to (i) establish and
maintain relevant records; (ii) make relevant
reports; (iii) install, use and maintain monitoring
equipment or methods; (iv) sample emission, in
accordance with the methods, locations,
intervals, and manner prescribed by the
Department; and (v) keep records;
o To exercise such other powers and functions as
provided by the law, the Act and these
Implementing Rules and Regulations.
 Designation of Airsheds
o The designation of airsheds shall be on the basis
of, but not limited to, areas with similar climate,
meteorology and topology which affect the
interchange and diffusion of pollutants in the
atmosphere, or areas which share common
interest or face similar development programs,
prospects or problems
o A system of planning and coordination shall
be established and a common formulated for
each airshed action plan shall be made
o Airsheds
  Refers to areas with common weather or
meteorological conditions and sources of
air pollution which affect the interchange
and diffusion of pollution in the surrounding
atmosphere.
 Sub-areas within airsheds may therefore
have similar air quality, and face similar
problems, development programs and
prospects
 Emissions trading may be allowed among
pollution sources within an airshed.
 Members of the Governing Board
o Provincial Governors from areas belonging to
the airshed; City/Municipal Mayors from areas
belonging to the airshed;
o A representative from each concerned
government agency; Representatives from
people’s organizations;
o Representatives from non-government
organizations; and Representatives from the
private sector.
 Functions of the Board
o Formulation of policies;
o Preparation of a common action plan;
o Coordination of functions among its members;
and
o Submission and publication of an annual Air
Quality Status Report for each airshed.
 Air Pollution Clearances and Permits
o Consistent with the provisions of this Act, the
Department shall have the authority to issue
permits as it may determine necessary for the
prevention and abatement of air pollution.
o Said permits shall cover emission limitations for
the regulated air pollutants to help attain and
maintain the ambient air quality standards.
These permits shall serve as management tools
for the LGUs in the development of their action
plan.
 Emission Quotas
o The DENR may allow each regional industrial
center special airshed to allocate pollution
sources within its jurisdiction that qualify under
an environmental impact assessment system
programmatic compliance program pursuant to
the implementing rules and regulations of
Presidential Decree No. 1586
 Legal Actions under the Clean Air Act
o Administrative Action against any person who
violates the following:
 Standards or limitation provided under this
Act; or
 Any order, rule or regulation issued by the
Department with respect to such standard
or limitation.
o Citizen Suits. Any citizen may file the
appropriate civil, criminal or administrative
action in the propercourts against
o Any person who violates or fails to comply with
the provisions of this Act or its implementing
rules and regulations; or
o The Department or other implementing
agencies with respect to orders, rules and
regulations issued inconsistent with this Act;
and/or
o Any public officer who willfully or grossly
neglects the performance of an act specifically
enjoined as a duty by this Act or its
implementing rules and regulations; or abuses
his authority in the performance of his duty; or,
in any manner, improperly performs his duties
under this Act or its implementing rules and
regulations
o STRATEGIC LEGAL ACTIONS AGAINST PUBLIC
PARTICIPATION
o Where a suit is brought against a person who
filed an action as provided in Sec. 41 of this Act,
or against any person, institution or
government agency that implements this Act, it
shall be the duty of the investigating prosecutor
or the court, as the case may be, to immediately
make a determination not exceeding thirty (30)
ßdays whether said legal action has been filed
to harass, vex, exert undue pressure or stifle
such legal recourses of the person complaining
of or enforcing the provisions of this Act. Upon
determination thereof, evidence warranting
the same, the court shall dismiss the case and
award attorney’s fees and double damages.
 Strategic Legal Actions Against Public Participation
o This provision shall also apply and benefit public
officers who are sued for acts committed in
their official capacity, there being no grave
abuse of authority, and done in the course of
enforcing this Act.
 Fines and Penalties
o Violation of Standards for Stationary Sources.
Fine not more than P100,000.00 for every day
of violation until standards have been complied
with closure, suspension of development,
 construction, or operations of the stationary
sources until such time that proper
environmental safeguards are put in place
 Violations of Other Provisions
o Fine not less than P10,000 but not more than
P100,000; or six (6) months to six (6) years
imprisonment; or both fine and imprisonment.
o Gross Violations
 imprisonment of not less than six (6) years
but not more than ten(10) years at the
discretion of the court.
o Meaning:
 3 or more specific offenses within a period
of year;
 3 or more specific offenses within 3
consecutive years;
 Blatant disregard of the orders of the PAB,
such s but not limited to the breaking of
seal, padlocks and other similar devices, or
operation despite the existence of an order
for closure, discontinuance or cessation of
operation; and
 irreparable or grave damage to the
environment as a consequence of any
violation of the Clean Air Act
PHILIPPINE CLEAN WATER ACT OF 2004
R.A. NO. 9275
 Water Pollution
o “Water pollution happens when toxic
substances enter water bodies such as lakes,
rivers, oceans and so on, getting dissolved in
them, lying suspended in the water or
depositing on the bed. This degrades the quality
of water.” (World Wildlife Fund)
o Ocean pollution. “(t)he introduction by man,
directly or indirectly, of substances or energy
into the marine environment (including
estuaries) resulting in such deleterious effects
as harm to living resources, hazards to human
health, hindrance to marine activities, including
fishing, impairment of quality for use of sea
water and reduction of amenities.
 Water Pollution Under the CWA
o Any alteration of the physical, chemical,
biological, or radiological properties of a water
body resulting in the impairment of its purity or
quality.
 Sources of Water Pollution
o “Water pollution can be caused in a number of
ways, one of the most polluting being city
sewage and industrial waste discharge.
o Indirect sources of water pollution include
contaminants that enter the water supply from
soils or groundwater systems and from the
atmosphere via rain.” (WWF)
o According to Dr. Ken Rubin, there are Two
General Categories of water pollution sources:
 Direct Contaminant Sources. Include
effluent outfalls from factories, refineries,
waste treatment plants etc.. that emit fluids
of varying quality directly into urban water
supplies.
 Indirect Contaminant Sources. Include
contaminants that enter the water supply
from soils/groundwater systems and from
the atmosphere via rain water. Soils and
groundwaters contain the residue of human
agricultural practices (fertilizers, pesticides,
etc..) and improperly disposed of industrial
wastes. Atmospheric contaminants are also
derived from human practices (such as
gaseous emissions from automobiles,
factories and even bakeries).
 Situation in the Philippines
o As early as 1996, monitoring of the country’s
rivers showed that only 51% of the classified
rivers still met the standards for their most
beneficial use. The rest were already polluted
from domestic, industrial and agricultural
sources.
o Most studies point to the fact that domestic
wastewater is the principal cause of organic
pollution (at 48%) of our water bodies. Yet only
3% of investments in water supply and
sanitation were going to sanitation and sewage
treatment.
o A recent World Bank Report pointed out that
Metro Manila was second to the lowest in
sewage connections among major cities in Asia
and less than 7 % compared to 20% for
Katmandu, Nepal and 30% for Dhaka,
Bangladesh. Thirty-one percent of all illnesses in
 the country are attributed to polluted waters.
 Coverage of the Philippine CWA
o This Act shall apply to water quality
management in all water bodies:
o Provided, That it shall primarily apply to the
abatement and control of pollution from land
based sources:
o Provided, further, That the water quality
standards and regulations and the civil liability
and penal provisions under this Act shall be
enforced irrespective of sources of pollution.
(Section 3, RA No. 9275)
 Water Bodies
o means both natural and man-made bodies of
fresh, brackish, and saline waters, and includes,
but is not limited to, aquifers, groundwater,
springs, creeks, streams, rivers, ponds, lagoons,
water reservoirs, lakes, bays, estuarine, coastal
and marine waters.
o Water bodies do not refer to those constructed,
developed and used purposely as water
treatment facilities and / or water storage for
recycling and re-use which are integral to
process industry or manufacturing.
 Applicability of CWA to Marine Pollution and
Disposal of Effluents on Land
o “In addition to regulating pollution of water
bodies, the DENR shall formulate and apply
standards for the transport and disposal of
effluent, sewage and septage offsite, whether
offshore or on land as well as disposal of
industrial wastewater on land.” (Rule 3.1, DAO
No. 2005-10, Implementing Rules and
Regulations of the Philippine Clean Water Act of
2004)
o Effluent. Discharge from known sources which
is passed into a body of water or land, or
wastewater flowing out of a manufacturing
plant, industrial plant including domestic,
commercial and recreational facilities.
o Septage. Sludge produced on individual onsite
wastewater disposal systems, principally septic
tanks and cesspools.
o Sewage. Water-borne human or animal wastes,
excluding oil or oil wastes, removed from
residences, building, institutions, industrial and
commercial establishments together with such
groundwater, surface water and storm water as
maybe present including such waste from
vessels, offshore structures, other receptacles
intended to receive or retain waste or other
places or the combination thereof.
 Water Quality Management Area
o The CWA divided the country into Water
Quality Management Areas under Section 5 of
the law.
o The DENR, in coordination with National Water
Resources Board (NWRB), shall designate
certain areas as water quality management
areas using appropriate physiographic units
such as watershed, river basins or water
resources regions.
o Said management areas shall have similar
hydrological, hydrogeological, meteorological or
geographic conditions which affect the
physicochemical, biological and bacteriological
reactions and diffusions of pollutants in the
water bodies, or otherwise share common
interest or face similar development programs,
prospects or problems.
 Water Quality Management Area
o Each management area shall be governed by a
governing board composed of the following:
 representatives of mayors and governors of
member local government units (LGUs),
 representatives of relevant national
government agencies,
 representatives of duly a registered non-
governmental organization, water utility
sector, and business sector
 DENR representative who shall chair the
governing board
 Water Quality Management Area
o The governing board shall formulate strategies
to coordinate policies necessary for the
effective implementation of the Clean Water
Act in accordance with those established in the
framework and monitor the compliance with
the action plan.
o Each management area shall create a multi-
sectoral group to establish and effect water
 quality surveillance and monitoring network
including sampling schedules and other similar
activities. The group shall submit its report and
recommendation to the chairman of the
governing board.
 LLDA
o The areas within the jurisdiction of the Laguna
Lake Development Authority (LLDA) shall be
designated as one management area under the
administration of LLDA in accordance with R.A.
No. 4850, as amended: Provided, However,
That the standards promulgated pursuant to
this Act and wastewater charge system
established pursuant hereof shall be enforced in
said area.
 Waste Water Charge System
o The Department shall implement a wastewater
charge system in all management areas
including the Laguna Lake Region and Regional
Industrial Centers through the collection of
wastewater charges/fees. The system shall be
established on the basis of payment to the
government for discharging wastewater into
the water bodies. (Section 13, CWA)
o Wastewater charges shall be established taking
into consideration the following:
 To provide strong economic inducement for
polluters to modify their production or
management processes or to invest in
pollution control technology in order to
reduce the amount of water pollutants
generated;
 To cover the cost of administering water
quality management or improvement
programs;
 Reflect damages caused by water pollution
on the surrounding environment, including
the cost of rehabilitation;
 Type of pollutant;
 Classification of the
receiving water body; and
 Other special attributes of the water body.
 Discharge Permits (Sec. 14)
o The DENR shall require owners or operators of
facilities that discharge regulated effluents
pursuant to the CWA to secure a permit to
discharge.
o The discharge permit shall be the legal
authorization granted by the D E N R to
discharge wastewater:
 Provided, That the discharge permit shall
specify among others, the quantity and
quality of effluent that said facilities are
allowed to discharge into a particular water
body, compliance schedule and monitoring
requirement.
o As part of the permitting procedure, the
Department shall encourage the adoption of
waste minimization and waste treatment
technologies when such technologies are
deemed cost effective.
o The Department shall also develop procedures
to relate the current water quality guideline or
the projected water quality guideline of the
receiving water body/ies with total pollution
loadings from various sources, so that effluent
quotas can be properly allocated in the
discharge permits.
o Effluent trading may be allowed per
management area.
 Rewards (Sec. 25)
o Rewards, monetary or otherwise, shall be
provided to individuals, private organization
and entities, including civil society, that have
undertaken outstanding and innovative
projects, technologies, processes and
techniques or activities in water quality
management.
o Said rewards shall be sourced from the Water
Quality Management Fund.
 Incentives Scheme (Sec. 26)
o An incentive scheme is provided in the CWA for
the purpose of encouraging LGUs, water
districts (WDs), enterprises, or private entities,
and individuals, to develop or undertake an
effective water quality management, or actively
participate in any program geared towards the
promotion thereof.
o Fiscal and Non-Fiscal Incentives Financial
Assistance Programs Extension or Grants to
LGUs
 Prohibited Acts (Sec. 27)
 o Discharging, depositing or causing to be
deposited material of any kind directly or
indirectly into the water bodies or along the
margins of any surface water, where, the same
shall be liable to be washed into such surface
water, either by tide action or by storm, floods
or otherwise, which could cause water pollution
or impede natural flow in the water body;
o Discharging, injecting or allowing to seep into
the soil or sub-soil any substance in any form
that would pollute groundwater. In the case of
geothermal projects, and subject to the
approval of the Department, regulated
discharge for short- term activities (e.g. well
testing, flushing, commissioning, venting) and
deep re-injection of geothermal liquids may be
allowed:
 Provided, that safety measures are adopted
to prevent the contamination of the
groundwater;
o Operating facilities that discharge regulated
water pollutants without the valid required
permits or after the permit was revoked for any
violation of any condition therein;
 Prohibited Acts (Sec. 27)
o Operating facilities that discharge regulated
water pollutants without the valid required
permits or after the permit was revoked for any
violation of any condition therein;
o Disposal of potentially infectious medical waste
into sea water by vessels unless the health or
safety of individuals on board the vessel is
threatened by a great and imminent peril;
o Unauthorized transport or dumping into sea
waters of sewage sludge or solid waste as
defined under Republic Act No.9003;
o Transport, dumping or discharge of prohibited
chemicals, substances or pollutants listed under
Republic Act No.6969;
o Operate facilities that discharge or allow to
seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants
listed under R. A. No. 6969 into water bodies or
wherein the same shall be liable to be washed
into such surface, ground, coastal, and marine
water;
o Undertaking activities or development and
expansion of projects, or operating
wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its
implementing rules, and regulations;
o Discharging regulated water pollutants without
the valid required discharge permit pursuant to
this Act or after the permit was revoked for any
violation of condition therein;
o Non-compliance of the LGU with the Water
Quality Framework and Management Area
Action Plan. In such a case, sanctions shall be
imposed on the local government officials
concerned;
o Refusal to allow entry, inspection and
monitoring by the Department in accordance
with this Act;
o Refusal to allow access by the DENR to relevant
reports and records in accordance with this Act;
o Refusal or failure to submit reports whenever
required by the DENR in accordance with this
Act;
o Refusal or failure to designate pollution control
officers whenever required by, the DENR in
accordance with this Act;and
o Directly using booster pumps in the distribution
system or tampering with the water supply in
such a way as to alter or impair the water
quality.
 Fines, Damages and Penalties (Sec. 28)
o Commission of Prohibited Acts and Violation of
the CWA and its IRR
 FINE, upon the recommendation of the PAB
in the amount of not less than Ten
thousand pesos (P10,000.00) nor more than
Two hundred thousand pesos(P200,000.00)
for every day of violation.
 Upon recommendation of the PAB,
CLOSURE, SUSPENSION of development or
construction, or CESSATION of operations
or, where appropriate DISCONNECTION of
water supply, until such time that proper
environmental safeguards are put in place
and/or actual compliance with the CWA or
 its rules and regulations.

o Failure to Undertake Clean-up Operations,

Willfully, or Through Gross Negligence
 Imprisonment of not less than two (2) years
and not more than four (4) years and a fine
not less than Fifty thousand pesos
(P50,000.00) and not more than One
hundred thousand pesos (P100,000.00) per
day for each day of violation.
 Imprisonment of not less than six (6) years
and one day and not more than twelve (12)
years, and a fine of Five Hundred Thousand
Pesos (P500,000.00) per day for each day
during which the omission and/or
contamination continues, if such failure or
refusal which results in serious injury or loss
of life and/or irreversible water
contamination of surface, ground, coastal
and marine water

o Gross Violation of CWA

 The PAB shall issue a resolution
recommending that the proper government
agencies file criminal charges against the
violators.
 The offenders shall be punished with a fine
of not less than Five hundred thousand
pesos (P500,000.00) but not more than
Three million pesos (P3,000,000.00) per day
for each day of violation or imprisonment of
not less than six (6) years but not more than
ten (10) years, or both, at the discretion of
the court.

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