Mindanao State University ▪ POLICY CONSIDERATIONS
as in the nature of a valid asservation of Regalian
COLLEGE OF LAW
NATURAL RESOURCES AND
ENVIRONMENTAL LAW
ATTY. FAISAL PACALNA CALI, REB, Sh.L.
Coverage:
• CA 141…………………………….. 1
• RA 10121………………………… 8
• RA 9003…………………………... 21
• Rules of Procedure for
Environmental Issues……….. 43
PUBLIC LAND ACT
(COMMONWEALTH ACT
NO. 141)
▪ HISTORICAL BACKGROUND
ACT NO. 926 – the first Public Land Act, Prescribed
rules and regulation of the homesteading, selling
and leasing of portions of the public domain, and
prescribed the terms and conditions to enable
persons to perfect their titles to public lands in the
islands
Also provided for the issuance of patents to certain
native settlers upon public lands for the
establishment of town sites and sale of lots therein,
for the completion of imperfect titles and for the
cancellation or confirmation of Spanish concessions
and grants in the islands
ACT NO. 2874 - The second Public Land Act was
more comprehensive in scope but limited the
exploitation of agricultural lands to Filipinos and
Americans and citizens of other countries which
gave Filipinos same privileges.
▪ PUBLIC LAND ACT (COMMONWEALTH ACT NO. 141)
- Enacted on November 7, 1936
- Grants of public lands are brought under the
operation of the Torrens system of registration.
- Its provisions govern the classification and
disposition of lands of the public domain other that
timber and mineral lands.
Note: Public land patents when duly registered are
veritable Torrens titles, they become private
property which can no longer be subject of
subsequent disposition by the Director of Lands.
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STATE Shall ensure, for the benefit of the Filipino
people, the full exploration and development as
well as the judicious disposition, utilization,
management, renewal and conservation of the
country’s forest, mineral, land, waters and other
natural resources, consistent with the objective of
making the exploration, development and
utilization of such natural resources equitably
accessible to the different segments of the present
as well as future generations.
- Shall recognize and apply a true value system that
takes into account social and environmental cost
implications relative to the utilization, development
and conservation of our natural resources
DEPARTMENT OF ENVIRONMENT AND NATURAL
REOURCES (DENR)
- Shall be primarily responsible for the
implementation of the foregoing policy.
- Shall be incharge of carrying out the State’s
constitutional mandate to control and supervise the
exploration, development, utilization, and
conversion of the country’s natural resources.
▪ PUBLIC LANDS: ALIENABLE AND DISPOSABLE LANDS
IN GENERAL
Public Lands refers to such lands of the public
domain as are subject to alienation and disposal of
the State in accordance with the Public Land Act.
▪ REGALIAN DOCTRINE (Section 2, Article XII)
- All lands and other natural resources are owned by
the State.
- All lands not appearing to be clearly of private
dominion presumptively belong to the State.
- Public lands not shown to have been reclassified or
released as alienable agricultural land or alienated
to a private person by the State remain part of the
inalienable public domain.
- It reserves to the State all natural wealth that may
be found in the bowels of the earth even if the land
where the discovery is made private.
• ALIENATION OF NATURAL RESOURCES
General Rule: All natural resources
CANNOT be alienated
Exception: Agricultural lands
• 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 the state may enter into CO-PRODUCTION, JOINT
VENTURE OR PRODUCTION-SHARING arrangements.
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matters not only judicial notice but are accepted
• DISTINCTION BETWEEN IMPERIUM AND DOMINIUM.
Imperium - Government authority possessed by the
State which is appropriately embraced in
sovereignty.
Dominium - The capacity of the State to own and
acquire property.
- It refers to lands held by the government in a
proprietary character: can provide for the
exploitation and use of lands and other natural
resources.
Note: No public land can be acquired by private
person without any grant, express or implied, from
the government.
• THE IPRA AND NATIVE TITLE OVER ANCESTRAL LANDS
AND ANCESTRAL DOMAINS
Indigenous people may obtain the recognition of
ownership over ancestral lands and ancestral
domains by virtue of native title; this is an exception
to the theory of jura regalia.
ANCESTRAL LANDS – It refers to lands occupied by
individuals, families and clans who are members of
indigenous cultural communities including
residential lots, rice terraces or paddies, private
forest, swidden farms and tree lots.
- These lands required to have been occupied,
possessed and utilized by them or through their
ancestors since time immemorial, continousluy to
present.
ANCESTRAL DOMAIN – areas generally beloning to
indigenous cultural communities, including
ancestral lands, forest, pasture, residential and
agricultural lands, hunting grounds, worship areas,
and lands no longer occupied exclusively by
indigenous cultural communities but to which they
had traditional access, particularly the home
ranges of indigenous cultural communities who are
still nomadic or shifting cultivators.
- Also include inland waters, coastal areas and
natural resources therein.
Note: State policy – recognition and protection of
the rights of idigenous peoples to preserve abd
develop their cultures, tradtions, and institutions are
the vital concerns of the State. (RA 8371, IPRA)
▪ RESERVATION OF LANDS OF THE PUBLIC DOMAIN ARE
VALID ASSERTION OF REGALIAN RIGHT
Presidential proclamations reserving certain lands
of the public domain for specific purposes have the
character of official assertion of ownership, and the
presumption is that they have been issued by right
of sovereignty and in the exercise of the State’s
dominical authority. These proclamations are
right right over the property.
▪ ORGANIZATIONAL STRUCTURE - OFFICERS CHARGED
WITH THE ADMINISTRATION OF PUBLIC LANDS
Secretary of Natural Resources – chief executive
officer charged to carry out the provisions of the
Public Land Act
Director of Lands- under the immediate supervision
of the DENR Secretary
Duties:
a. Direct executive control over surveys,
classifications, leases, sales and other forms of
concession or disposition and management of
public lands;
b. Preparation and issuance of forms, instructions, rules
and regulations as may be necessary and proper to
carry into effect the provisions of the Public Land
Act, and for the conduct of proceedings arising
thereunder, subject to the approval of the
Secretary( Commonwealth Act No. 141, sections
3,4, and 5)
c. Quasi-judicial officer- he makes findings of fact and
even passes upon questions of mixed fact and law,
and considers and decides the qualifications of
applicantsfor the purchase of public lands.
Note: The decision on the construction of the Public
Land Act are entitled a great respect by the courts.
The decisions of the Director of Lands as to question
of facts are conclusive when approved by the
Secretary (Doctrine of Primary Jurisdiction)
d. He represent the state in a reversion proceedings
and may file an action for the cancellation of
patent and title acquired through fraud
e. Regulate the occupation or provisional use of
public lands
Note: For administration purposes, land districts
have been established throughout the Philippines,
each district is headed by a local land officer
embracing one province
▪ DOCTRINE OF PRIMARY JURISDICTION - if a case is
such that its determination requires the expertise,
specialized training and knowledge of the proper
administrative bodies, relief must first be obtained in
an administrative proceeding before a remedy is
supplied by the courts even if the matter may well
be within their proper jurisdiction.
▪ EXHAUSTION OF ADMINISTRATIVE REMEDIES – courts
must allow administrative agencies to carry out their
functions and discharge their responsibilities within
the specialized areas of their respective
competence.
2
 Courts cannot or will not determine a controversy
involving a question which is within the jurisdiction of
the administrative tribunal prior to the resolution of
that question by the administrative tribunal, where
the question demands the exercise of sound
administrative discretion requiring the special
knowledge, experience and services of the
administrative tribunal to determine technical and
intricate matters of fact
Exception:
- Where there is estoppel on the part of the
party invoking the doctrine;
- Where the challenged administrative act
is patently illegal, amounting to lack of
jurisdiction
- Where there is unreasonable delay or
official inaction that will irretrievably
prejudice the complainant
- Where the amount involved is relatively
small so as to make the rule impractical
and oppressive
- Where the question involved is purely legal
and will ultimately have to be decided by
the courts of justice
- Where judicial intervention is urgent
- When its application may cause great
and irreparable damage
- Where the controverted acts violate due
process
- When the issue of non-exhaustion of
administrative remedies has been
rendered moot
- When there is no other plain, speedy and
adequate remedy
- When strong public interest is involved;
and,
- In quo warranto proceedings.
▪ CLASSIFICATION OF LANDS
Lands of public domain - either alienable or
inalienable
Lands of private domain - refers to land belonging
to and owned by the State as a private individual,
without being devoted of national wealth
- similar to patriomonial properties of the State
▪ CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN
UNDER THE CONSTITUTION
SECTION 3. LANDS OF THE PUBLIC DOMAIN ARE
CLASSIFIED INTO:
- Agricultural
- Forest/timber
- Mineral lands &
- National Parks
Note: Classification of public lands is an exclusive
prerogative of the Executive Department through
the Office of the President, upon recommendation
by the DENR and not to the court.
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- Classification is descriptive of the legal nature of
the land and NOT what it looks like. Thus, the fact
that forest land is denuded does not mean it is no
longer forest land.
▪ CLASSIFICATION OF ALIENABLE AND DISPOSABLE
LANDS
For the administration and disposition of
alienable and disposable lands, they are classified
under the Public Land Law according to the use
and purposes to which such lands may be destined,
as follows:
- Agricultural ( farm land)
- Residential, commercial, industrial, or for similar
productive purposes;
- Educational, charitable, or other similar purposes;
and
- Reservations for town sites and for public and quasi-
public uses
• The President upon recommendation of the
Secretary of DENR is authorized to make the above
classification as well as to transfer lands from one
class to another from time to time as circumstances
may warrant ( CA No. 141., Sec. 9)
• Under the Revised Administrative Code, alienable
lands of the public domain may be ordered
reserved by the President for specific purpose or
service
• Old Constitution: they all form under the category
of agricultural lands, they not being forest nor
mineral lands.
• Under Public Land Act term “agricultural” is used in
a limited sense, and is meant distinctly as a
farmland.
▪ CLASSIFICATION OR RECLASSIFICATION OF PUBLIC
LANDS AN EXECUTIVE PREROGATIVE – not the courts.
(Section 6 of CA No. 141)
Before the government could alienate or dispose
lands of the public domain, the President must first
officially classify these lands as alienable and
disposable, and declare them open to disposition
or concession.
▪ GOVERNMENT LAND AND PUBLIC LANDS
DISTINGUISHED (PL = PD) (GL ≠PL)
Public Land - is equivalent to Public Domain,
includes lands open to private appropriation and
settlement by homestead and other like general
laws.
Government Land – more extensive and embraces
not only the public land but also other lands of the
government already reserved or devoted to public
use or subject to private right.
▪ PREREQUISITE FOR DISPOSITION
• Before any public land may be alienated or
disposed of, it is indispensable that there be a
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formal declaration by the President upon
recommendation of the Secretary of DENR to the
effect that such lands are open to disposition or
concession, and whenever practicable the lands
should have been previously surveyed.
• Alienation or disposition or concession as used in
Public Land Act is meant any of the methods
authorized by the said law for the acquisition, lease,
use or benefit of the lands of the public domain
other than timber or mineral land.
Modes of Disposition
1. For homestead settlement
2. Sale
3. Lease
4. Confirmation of imperfect or incomplete title
a. Judicial legalization
b. Administrative legalization ( free patent)
▪ HOMESTEAD SETTLEMENT
Entitled to Patent:
- Any citizen of the Philippines over 18 or head of the
family may enter a homestead of not exceeding 12
hectares of agricultural land of public domain.
- The applicant must, cultivate or improved at least
1/5 of the land continuously since the approval of
the application.
- Must resided for at least 1 year in the municipality or
municipality adjacent in which the land is located.
- Payment of required fee
▪ EFFECT OF COMPLIANCE WITH LEGAL REQUIREMENTS
- When a homesteader has complied with all the
terms and conditions which entitle him to a patent
for a particular tract of public land, he acquires a
vested interest therein, and is to be regarded as the
equitable owner thereof
- The execution and delivery of the patent, after the
right to a particular piece of land has become
complete, are the mere ministerial acts of the
officer charged with that duty
- Even without the patent, a perfected homestead is
a property right in the fullest sense, unaffected by
the fact that the paramount title to the land is still in
the government
▪ TRANSFER OF RIGHTS
- The applicant must prove to the Director of Lands
that he has already complied with all the
requirements of the law and can no longer
continue with this homestead, and there is a bona
fide purchaser for the rights and improvements of
the applicant on the land.
- Upon the approval of the Director of Lands, may
transfer his rights to the land and improvements to
any person legally qualified to apply for a
homestead.
- Immediately after such transfer, the purchaser shall
file a homestead application to the land.
Note: Any person who has transferred his right may
not again apply for a new homestead. Every
transfer without the approval of the Director of
Lands shall be null and void and shall result in the
cancellation of the entry and the refusal of patent.
▪ SALE OF PUBLIC AGRICULTURAL LANDS
- Any citizen of lawful age or the head of the family
may purchase any tract of public agricultural land
not to exceed 12 hectares which shall be sold
through sealed bidding
- The land shall be awarded to the highest bidder,
but the applicant may equal the highest bid
- The purchase price may be paid in full upon the
making of the award or in not more than 10 equal
annual installments from the date of the award
- It is required that the purchaser shall have not less
than 1/5 of the land cultivated within 5 years from
the date of the award, and before any patent is
issued, he must show actual occupancy, cultivation
and improvement of at least 1/5 of the land until the
date of final payment
▪ LEASE
Any corporations or associations at least 60% of
capital stock belong wholly to Filipino citizens, may
lease any tract of agricultural public land available
for lease.
FOR PRIVATE CORPORATIONS OR ASSOCIATIONS
- They can only hold alienable lands of the public
domain BY LEASE
- Cannot exceed 25 years, renewable for not more
than 25 years
- Lease cannot exceed 1,000 hectares
FOR FILIPINO CITIZENS
- Can lease up to 500 hectares
- Can ACQUIRE not more than 12 hectares by
purchase, homestead or grant.
- Taking into account the requirements of
conservation, ecology and development, and
subject to the requirements of agrarian reform,
Congress shall determine by law the size of the
lands of the public domain which may be acquired,
developed, held or lease and the conditions
therefore.
▪ CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE
- JUDICIAL LEGALIZATION
REQUISITE FOR AVAILMENT:
- The applicant must be a Filipino citizen
- He must have, by himself or through his
predecessors in interest, possessed and
occupied an alienable and disposable
agricultural portion of public domain.
- Such possession and occupation must
have been open, continuous, exclusive,
notorious and in the concept of owner,
since June 12, 1945
- The application must be filed with the
proper court
4

Period of possession: June 12, 1945
Additional requirement: (Class Discussion)
Witness: At least 10 years old in the year of 1945.
Tax declaration
Note: Limiting the are applied for to 12 hectares,
lands must be occupied by himself or through his
predecessors in interest, possessed and occupied
an alienable and disposable agricultural portion of
public domain. Land must be alienable and
disposable at the time of the application for
confirmation is filed. Land not registrable as when it
forms part of the public forest. ONLY AGRICULTURE
LANDS MAY BE SUBJECT OF ALIENATION.
▪ CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE
- ADMINISTRATIVE LEGALIZATION ( FREE PATENT)
Any natural born citizen of the Philippines who is the
owner of more than 12 hectares and who, for at
least 30 years prior to the effectivity of this
amendatory Act, has continuously occupied and
cultivated, either by himself or through his
predecessors-in interest a tract or tracts of
agricultural public lands subject to disposition, who
shall have paid the real estate tax thereon while the
same hasn’t been occupied by any person shall be
entitled, under the provisions of this Chapter, to
have a free patent issued to him for such tract or
tracts of such land not to exceed 12 hectares.
▪ CLASSIFICATION AND DISPOSITION OF LANDS FOR
RESIDENTIAL, COMMERCIAL OR INDUSTRIAL
PURPOSES - is governed by Chapter 9 of the Public
Land Act
Lands are classified as:
- Lands reclaimed by the government by dredging,
filling or other means;
- Foreshore
Note: The first two shall be disposed of by lease only
- Marshy lands or lands covered with water bordering
on the shores or banks of navigable lakes or rivers
- Lands not included in any of the foregoing classes
Note: The last two may be sold with the condition
that the purchaser shall make improvements of a
permanent character appropriate for the purpose
for which the land is purchased within 18 months
from the date of the award.
▪ LANDS FOR RESIDENTIAL, COMMERCIAL OR
INDUSTRIAL PURPOSES SHALL BE DISPOSED OF
THROUGH ORAL BIDDING (SECTION 67, CA 141)
EXCEPTION (DIRECT SALE)
Republic Act 730 allows the direct sale of public
lands for residential purposes to qualified applicants
under certain conditions:
- Filipino citizen of legal age
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- Must not be the owner of a home lot in the
municipality or city in which he resides
- Have established in good faith his residence on a
parcel of public land which is not needed for public
service
- Have constructed his house and actually resided
therein
If the applicant complies with the above, he is given
preference to purchase at a private sale not more
than 1000 sq.m. of land at a price to be fixed by the
Director of Lands.
▪ SALE OF LANDS WITHIN MILITARY RESERVATIONS
- Pursuant to Republic Act 274, lands within military
reservations when declared by the President as no
longer needed for military purposes may be
subdivided by the Director of Lands and thereafter
sold to persons qualified to acquire agricultural
public lands under the Public Land Act, with priority
given to bona fide occupants and then to war
veterans
- The area shall be determined by the Director of
Lands according to the nature of the land, the
number of prospective applicants, and the
purposes for which it will be utilized.
▪ LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER
SIMILAR PURPOSES
The President upon recommendation of the
Secretary of Environment and Natural Resources
may execute contract for sale or lease a portion of
public land when needed by any province,
municipality, or other branch or subdivision of the
government, for the purpose of founding a
cemetery, church, college, school, university, or
other institutions for educational, charitable, or
philanthropical purposes or scientific research, the
area to be such as may actually and reasonably be
necessary to carry out such purposes
- The Secretary of DENR may order the sale to be
made without public auction, at a price fixed by
him.
▪ RESERVATIONS
TOWNSITE RESERVATION
- Whenever it shall be considered to be in the public
interest to found a new town. The Secretary of
Environment and Natural Resources shall direct the
Director of Lands to have a survey of the exterior
boundaries of the site on which such town is to be
established, and upon the completion of the survey
he shall send the same to said Secretary, with his
recommendations.
- The Secretary, if he approves the
recommendations of the Director of Lands, shall
submit the matter to the President to the end that
the latter may issue a proclamation reserving the
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land surveyed, or such part thereof as he may
deem proper, as a town site.
RESERVATIONS OF LAND FOR PUBLIC AND SEMI-
PUBLIC PURPOSES
- Upon the recommendation of the Secretary of
DENR, the President may designate by
proclamation any tract/s of land of the public
domain as reservations for the use of the RP or any
of its branches, or of the inhabitants thereof, in
accordance with the regulations prescribed for this
purpose, or for quasi-public uses or purposes when
the public interest requires it
- A certified copy of this proclamation shall be
forwarded to the Register of Deeds of the province
or city where the land lies
- Upon receipt of such copy, the Director of Lands
shall order the immediate survey of the proposed
reservation if the land has not been yet surveyed,
and as soon as the plat has been completed, he
shall proceed in accordance with the next
following section
- The tract/s reserved shall be non-alienable and
shall not be subject to any occupation, entry, sale,
lease, or other disposition until again declared as
alienable and disposable
▪ SPECIAL PATENTS
Patent to grant, cede, and convey full ownership of
alienable and disposable lands formerly covered
by a reservation of lands of the public domain and
is issued upon the promulgation of a special law or
act of Congress or by the DENR Secretary as
authorized by the President.
▪ REGISTRATION OF PATENTS AND ISSUANCE OF
CERTIFICATES OF TITLES
The patent or grant shall not take effecr as a
conveyance or bind the land but shall operate only
as a contract between the government and the
grantee. It is the act of registration that conveys or
affects the lands, and binds third person.
▪ CERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT
INDEFEASIBLE
- Registered owners under Torrens System, gives
security over the ownership of the land, it becomes
private property and it is no longer subject to the
disposition of the Director of Lands.
- It has in its favor the presumption of regularity
- It becomes incontrovertible upon the expiration of
1 year from the date of the order for issuance of the
patent, hence, prescription cannot operate
against the registered owner.
▪ TITLE NOT DEFEATED BY ADVERSE, OPEN AND
NOTORIOUS POSSESSION. NEITHER CAN IT BE
DEFEATED BY PRESCRIPTION. A CERTIFICATE TITLE
CANNOT BE COLLATERALLY ATTACKED.
▪ CADASTRAL REGISTRATION PROCEEDINGS
CADASTRAL PROCEEDINGS (PANG MALAWAKAN
TO!)
- Upon the initiative of the government
- To have titles to all lands in the stated area
adjudicated
- Public interest demands that titles to any
unregistered land settled and adjudicated
The principal aim is to settle as much as possible all
disputes over the land and to remove all clouds
over the land titles as far as practicable, in a
community
- Nature of a proceeding in rem
▪ FRIAR LANDS
- Private lands purchased by the government for sale
to actual occupants under the provisions of Act
1120 or the Friar Lands Act
- These lands are not public lands but private and
patrimonial lands of the government
- The Land Management Bureau shall first issue a
certificate stating therein that the government has
agreed to sell the land to such settler or occupant
- The latter shall then accept the certificate and
agree to pay the purchase price so fixed, in
installments and at the rate of interest specified in
the certificate
- The conveyance or certificate of sale executed in
favor of a buyer is a conveyance of ownership of
the property, subject only to the resolutory
condition that the sale may be cancelled if the
price agreed upon is not paid in full
▪ REVERSION – fraud had been committed in securing
such title.
Reversion of land acquired through fraud
The uncontroverted rule is that, the doctrine of
indefeasibility of Torrens Title does not bar the filing
of an action for cancellation of title and reversion
of land even if more than one year has elapsed
from the issuance of the free patent in case of fraud
in obtaining it.
▪ DIRECTOR OF LANDS HAS CONTINUING AUTHORITY
TO INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS
- It is not only the right but also the duty of the
Director of Lands to conduct the investigation of
any alleged fraud in securing the free patent and
the corresponding title to a public land and to file
the corresponding court action for the reversion of
the same to the State, if the facts disclosed in the
course of such investigation should so warrant.
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 - The indefeasibility of title over land previously
public is not a bar to an investigation by the Director
of Lands as to how such title has been acquired, if
the purpose of such investigation is to determine
whether or not fraud had been committed in
securing such title in order that that the appropriate
action for reversion may be filed by the
government.
▪ GOVERNMENT MAY INITIATE ACTION FOR
CANCELLATION OF TITLE AND REVERSION
- Section 101 of Public Land Act provides for a
remedy whereby lands of the public domain
fraudulently awarded to the applicant may be
recovered or reverted back to its original owner, the
government
- Office of Solicitor General shall represent the
government in all land registration and related
proceedings and institute actions for the reversion
to the government of lands of the public domain
and improvements thereon as well as lands held in
violation of the Constitution
- It is improper for the government to file an action for
reversion of land titled to defendant pursuant to a
free patent where the alleged fraud consists in the
fact that said land, at the time of issuance of the
free patent was no longer a part of the public
domain, having been adjudicated as private
property of another person in a previous registration
case
- An action for reversion on the ground that
defendant obtained patent through fraud would
also fail where the land had successively been sold
by the heirs of the patentee to third parties who are
holding Torrens titles and enjoying the presumption
of good faith
- Proper when a private party claims ownership of the
Private parties cannot challenge the validity of the
patent and title when they are not registered
owners thereof nor had they been declared the
owners as owners in the cadastral proceedings—
whether the grant was in conformity with the law or
not is a question which the government may raise,
but until it is raised by the government and set aside,
the defendant cannot question it. The legality of the
grant is a question between the grantee and the
government.
▪ ACTION FOR NULLITY OF LAND TITLES DISTINGUISHED
FROM REVERSION
The difference between them lies in the allegations
as to the character of the ownership of realty whose
title is sought to be nullified.
Reversion - pertinent allegations in the complaint
would admit State ownership of the disputed land.
The portion affected by the amendment would
revert back to the public domain.
Action for declaration of nullity of free patent and
certificate title – the land is beyond the jurisdiction
of the Director of Lands to bestow and whatever
patent or certificate title therefore is consequently
void ab initio. The real party in interest is not the
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
State but the plaintiff who alleges pre existing right
of ownership over the parcel of land in question
even the grant of title to the defendant.
Note: Beyond the jurisdiction of Director of Lands
because the land is private owned already.
▪ WHERE REVERSION IS IMPROPER
In the case of Republic v. Umali, the government
sought for the reversion of parcel of land on the
ground that the original sale thereof from the
government was based on a forgery and therefore
void ab initio. However, the respondents are
transferees, claiming to be innocent purchasers.
Since the respondents are transferees in good faith
and for value and for value and that the original
acquisition thereof, although fraudulent, did not
affect their own titles.
Note: Reversion does not apply to transferees, who
are innocent purchasers. It only applies to applicant
who committed fraud in securing such title.
▪ PRIVATE PARTY CANNOT BRING ACTION FOR
REVERSION
If there has been any fraud or misrepresentation in
obtaining the title, an action for reversion instituted
by the Solicitor General would be the proper
remedy
▪ ACTION FOR REVERSION NOT BARRED BY
PRESCRIPTION, LACHES
Statute of limitations doesn’t run against the State
▪ ACTION FOR CANCELLATION OF TITLE
land as private property by virtue of a long period
of possession and hence, no longer deemed a part
of the public domain which could be disposed of
under the provisions of the Public Land Act, or when
the land is already covered by a previously issued
certificate of title.
▪ ACTION FOR RECONVEYANCE – BRING THE LAND
BACK TO THE OWNER.
- Legal and equitable remedy granted to the rightful
owner of the land which has been wrongfully or
erroneously registered in the name of another for
the purpose of compelling the latter to transfer or
reconvey the land to him
- After one year from the issuance of the decree,
may bring action for reconveyance of the property
Only to show that the person who secured the
registration of the questioned property is not the
real owner thereof
- Seeks to transfer or reconvey the land from the
registered owner to the rightful owner.
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DECREE BECOMES INCONTROVERTIBLE AFTER 1 YEAR
FROM THE ISSUANCE OF DECREE
- Action for reconveyance still available as remedy
- Action in personam that it is always as long as the
property has not passed to an innocent purchaser
for value
RELEVANT ALLEGATIONS
- That the plaintiff is the owner of the land
- That the defendant has illegally disposed him of the
same
NOTE: The nullification of defendant’s land would
not result in the reversion of the land to State but
remains private property, the plaintiff-claimant may
seeks direct reconveyance.
▪ COURTS HAVE JURISDICTION OVER POSSESSORY
ACTIONS INVOLVING PUBLIC LANDS
- Even pending the investigation of, and resolution
on, an application by a bona fide occupant, by the
priority of his application and record of his duty, he
acquires a right to the possession of the public land
he applied for against any other public land
applicant, which right may be protected by the
possessory action of forcible entry or by any other
suitable remedy that our rules provide
- The grant of power and duty to alienate and
dispose of the land doesn’t divest the courts of their
duty or power to take cognizance of actions
instituted by settlers or occupants or applicants
against others to protect their respective
possessions and occupations, more especially the
actions of trespass, forcible entry and unlawful
detainer
Philippine Disaster
Reduction and
Management Act (RA
10121)
The Act shifted the policy environment and the way
the country deals with disasters from mere response
to preparedness. RA 10121 provides a REDUCTION
comprehensive, all-hazard, multi-sectoral, inter-
agency, and community-based approach to
disaster risk management through the formulation
of the National Disaster Risk Management
Framework.
A National Disaster Risk Management Plan (NDRMP)
is being formulated, developed, and implemented
as the master plan that will provide the strategies,
organisation, tasks of concerned agencies and
local government units, and other guidelines in
dealing with disasters or emergencies. Through this
plan, a coherent, integrated, efficient, and
responsive disaster risk management at all levels will
hopefully be achieved.
The law also promotes the development of
capacities in disaster management at the
individual, organisational, and institutional levels. A
very important feature of this law is its call for the
mainstreaming of disaster risk reduction in physical
and land-use planning, budget, infrastructure,
education, health, environment, housing, and other
sectors.
RA 10121 also recognises local risk patterns and
trends and decentralisation of resources and
responsibilities and thus encourages the
participation of NGOs, private sectors, community-
based organisations, and community members in
disaster management. It inhibits the full
participation of the Local Government Units (LGUs)
and communities in governance. The approach
tends to be “response-oriented” or “reactive.” This
is evidenced by the widespread emphasis on post-
disaster relief and short-term preparedness, such as
forecasting and evacuation, rather than on
mitigation and post- disaster support for economic
recovery.
Moreover, the Act mandates the establishment of
a Disaster Risk Reduction and Management Office
(DRRMO) in every province, city and municipality,
and a Barangay Disaster Risk Reduction and
Management Committee (BDRRMC) in every
barangay.
The Strategic National Action Plan on Disaster Risk
Reduction for 2009-2019 aims to enhance the
capacities of Local Disaster Risk Reduction and
Management Councils.
Finally, RA10121 provides for the calamity fund to be
used in support of disaster risk reduction or
mitigation, prevention, and preparedness activities
for the potential occurrence of disasters and not just
for response, relief, and rehabilitation efforts.
REPUBLIC ACT No. 10121
AN ACT STRENGTHENING THE PHILIPPINE DISASTER
RISK REDUCTION AND MANAGEMENT SYSTEM,
PROVIDING FOR THE NATIONAL DISASTER RISK
REDUCTION AND MANAGEMENT FRAMEWORK AND
INSTITUTIONALIZING THE NATIONAL DISASTER RISK
AND MANAGEMENT PLAN,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES.
it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1. Title. - This Act shall be known as the
"Philippine Disaster Risk Reduction and
Management Act of 2010".
8
Section 2. Declaration of Policy. - It shall be the
policy of the State to:
(a) Uphold the people's constitutional rights to life
and property by addressing the root causes of
vulnerabilities to disasters, strengthening the
country's institutional capacity for disaster risk
reduction and management and building the
resilience of local communities to disasters including
climate change impacts;
(b) Adhere to and adopt the universal norms,
principles and standards of humanitarian assistance
and the global effort on risk reduction as concrete
expression of the country's commitment to
overcome human sufferings due to recurring
disasters;
(c) Incorporate internationally accepted principles
of disaster risk management in the creation and
implementation of national, regional and local
sustainable development and poverty reduction
strategies, policies, plans and budgets;
(d) Adopt a disaster risk reduction and
management approach that is holistic,
comprehensive, integrated, and proactive in
lessening the socioeconomic and environmental
impacts of disasters including climate change, and
promote the involvement and participation of all
sectors and all stakeholders concerned, at all levels,
especially the local community;
(e) Develop, promote, and implement a
comprehensive National Disaster Risk Reduction
and Management Plan (NDRRMP) that aims to
strengthen the capacity of the national
government and the local government units (LGUs),
together with partner stakeholders, to build the
disaster resilience of communities, and' to
institutionalize arrangements and measures for
reducing disaster risks, including projected climate
risks, and enhancing disaster preparedness and
response capabilities at all levels;
(f) Adopt and implement a coherent,
comprehensive, integrated, efficient and
responsive disaster risk reduction program
incorporated in the development plan at various
levels of government adhering to the principles of
good governance such as transparency and
accountability within the context of poverty
alleviation and environmental protection;
(g) Mainstream disaster risk reduction and climate
change in development processes such as policy
formulation, socioeconomic development
planning, budgeting, and governance, particularly
in the areas of environment, agriculture, water,
energy, health, education, poverty reduction, land-
use and urban planning, and public infrastructure
and housing, among others;
(h) Institutionalize the policies, structures,
coordination mechanisms and programs with
continuing budget appropriation on disaster risk
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
reduction from national down to local levels
towards building a disaster-resilient nation and
communities;
(i) Mainstream disaster risk reduction into the peace
process and conflict resolution approaches in order
to minimize loss of lives and damage to property,
and ensure that communities in conflict zones can
immediately go back to their normal lives during
periods of intermittent conflicts;
(j) Ensure that disaster risk reduction and climate
change measures are gender responsive, sensitive
to indigenous know ledge systems, and respectful
of human rights;
(k) Recognize the local risk patterns across the
country and strengthen the capacity of LGUs for
disaster risk reduction and management through
decentralized powers, responsibilities, and
resources at the regional and local levels;
(l) Recognize and strengthen the capacities of LGUs
and communities in mitigating and preparing for,
responding to, and recovering from the impact of
disasters;
(m) Engage the participation of civil society
organizations (CSOs), the private sector and
volunteers in the government's disaster risk
reduction programs towards complementation of
resources and effective delivery of services to the
Citizenry;
(n) Develop and strengthen the capacities of
vulnerable and marginalized groups to mitigate,
prepare for, respond to, and recover from the
effects of disasters;
(o) Enhance and implement a program where
humanitarian aid workers, communities, health
professionals, government aid agencies, donors,
and the media are educated and trained on how
they can actively support breastfeeding before
and during a disaster and/or an emergency; and
(p) Provide maximum care, assistance and services
to individuals and families affected by disaster,
implement emergency rehabilitation projects to
lessen the impact of disaster, and facilitate
resumption of normal social and economic
activities.
Section 3. Definition of Terms. - For purposes of this
Act, the following shall refer to:
(a) "Adaptation" - the adjustment in natural or
human systems in response to actual or expected
climatic stimuli or their effects, which moderates
harm or exploits beneficial opportunities.
(b) "Capacity" - a combination of all strengths and
resources available within a community, society or
organization that can reduce the level of risk, or
effects of a disaster. Capacity may include
infrastructure and physical means, institutions,
9 NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
societal coping abilities, as well as human
knowledge, skills and collective attributes such as
social relationships, leadership and management.
Capacity may also be described as capability.
(c) "Civil Society Organizations" Or "CSOs" - non-
state actors whose aims are neither to generate
profits nor to seek governing power. CSOs unite
people to advance shared goals and interests. They
have a presence in public life, expressing the
interests and values of their members or others, and
are based on ethical, cultural, scientific, religious or
philanthropic considerations. CSOs include
nongovernment organizations (NGOs), professional
associations, foundations, independent research
institutes, community-based organizations (CBOs),
faith-based organizations, people's organizations,
social movements, and labor unions.
(d) "Climate Change" - a change in climate that
can' be identified by changes in the mean and/or
variability of its properties and that persists for an
extended period typically decades or longer,
whether due to natural variability or as a result of
human activity.
(e) "Community-Based Disaster Risk Reduction and
Management" or "CBDRRM" - a process of disaster
risk reduction and management in which at risk
communities are actively engaged in the
identification, analysis, treatment, monitoring and
evaluation of disaster risks in order to reduce their
vulnerabilities and enhance their capacities, and
where the people are at the heart of decision-
making and implementation of disaster risk
reduction and management activities.
(f) "Complex Emergency" - a form of human-
induced emergency in which the cause of the
emergency as well as the assistance to the afflicted
IS complicated by intense level of political
considerations.
(g) "Contingency Planning" - a management
process that analyzes specific potential events or
emerging situations that might threaten society or
the environment and establishes arrangements in
advance to enable timely, effective and
appropriate responses to such events and
situations.
(h) Disasters are often described as a result of the
combination of: the exposure to a hazard; the
conditions of vulnerability that are present; and
insufficient capacity or measures to reduce or cope
with the potential negative consequences, Disaster
impacts may include loss of life, injury, disease and
other negative effects on human, physical, mental
and social well-being, together with damage to
property, destruction of assets, loss of services,
Social and economic disruption and environmental
degradation.
(i) "Disaster Mitigation" - the lessening or limitation of
the adverse impacts of hazards and related
disasters. Mitigation measures encompass
engineering techniques and hazard-resistant
construction as well as improved environmental
policies and public awareness.
(j) "Disaster Preparedness" - the knowledge and
capacities developed by governments,
professional response and recovery organizations,
communities and individuals to effectively
anticipate, respond to, and recover from, the
Impacts of likely, imminent or current hazard events
or conditions. Preparedness action is carried out
within the context of disaster risk reduction and
management and aims to build the capacities
needed to efficiently manage all types of
emergencies and achieve orderly transitions from
response to sustained recovery. Preparedness is
based on a sound analysis of disaster risk and good
linkages with early warning systems, and includes
such activities as contingency planning, stockpiling
of equipment and supplies, the development of
arrangements for coordination, evacuation and
public information, and associated training and
field exercises. These must be supported by formal
institutional, legal and budgetary capacities.
(k) "Disaster Prevention" - the outright avoidance of
adverse impacts of hazards and related disasters. It
expresses the concept and intention to completely
avoid potential adverse impacts through action
taken in advance such as construction of dams or
embankments that eliminate flood risks, land-use
regulations that do not permit any settlement in
high-risk zones, and seismic engineering designs
that ensure the survival and function of a critical
building in any likely earthquake.
(l) "Disaster Response" - the provision of emergency
services and public assistance during or
immediately after a disaster in order to save lives,
reduce health impacts, ensure public safety and
meet the basic subsistence needs of the people
affected. Disaster response is predominantly
focused on immediate and short-term needs and is
sometimes called "disaster relief".
(m) "Disaster Risk" - the potential disaster losses in
lives, health status, livelihood, assets and services,
which could occur to a particular community or a
Society over some specified future time period.
(n) "Disaster Risk Reduction" - the concept and
practice of reducing disaster risks through
systematic efforts to analyze and manage the
causal factors of disasters, including through
reduced exposures to hazards, lessened
vulnerability of people and property, wise
management of land and the environment, and
improved preparedness for adverse events.
(o) "Disaster Risk Reduction and Management" - the
systematic process of using administrative
directives, organizations, and operational skills and
capacities to implement strategies, policies and
improved coping capacities in order to lessen the
adverse impacts of hazards and the possibility of
disaster. Prospective disaster risk reduction and
10
management refers to risk reduction and
management activities that address and seek to
avoid the development of new or increased
disaster risks, especially if risk reduction policies are
not put m place.
(p) "Disaster Risk Reduction and Management
Information System" - a specialized database which
contains, among others, information on disasters
and their human material, economic and
environmental impact, risk assessment and
mapping and vulnerable groups.
(q) "Early Warning System" - the set of capacities
needed to generate and disseminate timely and
meaningful warning information to enable
individuals, communities and organizations
threatened by a hazard to prepare and to act
appropriately and in sufficient time to reduce the
possibility of harm or loss. A people-centered early
warning system necessarily comprises four (4) key
elements: knowledge of the risks; monitoring,
analysis and forecasting of the hazards;
communication or dissemination of alerts and
warnings; and local capabilities to respond to the
warnings received. The expression "end-to-end
warning system" is also used to emphasize that
warning systems need to span all steps from hazard
detection to community response.
(r) "Emergency" - unforeseen or sudden
occurrence, especially danger, demanding
immediate action.
(s) "Emergency Management" - the organization
and management of resources and responsibilities
for addressing all aspects of emergencies, in
particular preparedness, response and initial
recovery steps.
(t) "Exposure" - the degree to which the elements at
risk are likely to experience hazard events of
different magnitudes.
(u) "Geographic Information System" - a database
which contains, among others, geo-hazard
assessments, information on climate change, and
climate risk reduction and management.
(v) "Hazard" - a dangerous phenomenon,
substance, human activity or condition that may
cause loss of life, injury or other health impacts,
property damage, loss of livelihood and services,
social and economic disruption, or environmental
damage.
(w) "Land-Use Planning" - the process undertaken
by public authorities to identify, evaluate and
decide on different options for the use of land,
including consideration of long-term economic,
social and environmental objectives and the
implications for different communities and interest
groups, and the subsequent formulation and
promulgation of plans that describe the permitted
or acceptable uses.
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
(x) "Mitigation" - structural and non-structural
measures undertaken to limit the adverse impact of
natural hazards, environmental degradation, and
technological hazards and to ensure the ability of
at-risk communities to address vulnerabilities aimed
at minimizing the impact of disasters. Such
measures include, but are not limited to, hazard-
resistant construction and engineering works, the
formulation and implementation of plans,
programs, projects and activities, awareness
raising, knowledge management, policies on land-
use and resource management, as well as the
enforcement of comprehensive land-use planning,
building and safety standards, and legislation.
(y) "National Disaster Risk Reduction and
Management Framework" or "NDRRMF" - provides
for comprehensive, all hazards, multi-sectoral, inter-
agency and community-based approach to
disaster risk reduction and management.
(z) "National Disaster Risk Reduction and
Management Plan" or "NDRRMP" - the document to
be formulated and implemented by the Office of
Civil Defense (OCD) that sets out goals and specific
objectives for reducing disaster risks together with
related actions to accomplish these objectives.
The NDRRMP shall provide for the identification of
hazards, vulnerabilities and risks to 'be managed at
the national level; disaster risk reduction and
management approaches and strategies to be
applied m managing said hazards and risks;
agency roles, responsibilities and lines of authority
at all government levels; and vertical and horizontal
coordination of disaster risk reduction and
management in the pre-disaster and post-disaster
phases. It shall be in conformity with the NDRRMF.
(aa) "Post-Disaster Recovery" - the restoration and
improvement where appropriate, of facilities,
livelihood and living conditions. of disaster-affected
communities, including efforts to reduce disaster risk
factors, in accordance with the principles of "build
back better".
(bb) "Preparedness" - pre-disaster actions and
measures being undertaken within the context of
disaster risk reduction and management and are
based on sound risk analysis as well as pre-disaster
activities to avert or minimize loss of life and
property such as, but not limited to, community
organizing, training, planning, equipping,
stockpiling, hazard mapping, insuring of assets, and
public information and education initiatives. This
also includes the development/enhancement of
an overall preparedness strategy, policy,
institutional structure, warning and forecasting
capabilities, and plans that define measures
geared to help at-risk communities safeguard their
lives and assets by being alert to hazards and taking
appropriate action in the face of an Imminent
threat or an actual disaster.
(cc) "Private Sector" - the key actor in the realm of
the economy where the central social concern and
11
process are the mutually beneficial production and
distribution of goods and services to meet the
physical needs of human beings. The private sector
comprises private corporations, households and
nonprofit institutions serving households.
(dd) "Public Sector Employees" - all persons in the
civil service.
(ee) "Rehabilitation" - measures that ensure the
ability of affected communities/areas to restore
their normal level of functioning by rebuilding
livelihood and damaged infrastructures and
increasing the communities' organizational
capacity.
(ff) "Resilience" - the ability of a system, community
or society exposed to hazards to resist, absorb,
accommodate and recover from the effects of a
hazard in a timely and efficient manner, including
through the preservation and restoration of its
essential basic structures and functions.
(gg) "Response" - any concerted effort by two (2) or
more agencies, public or private, to provide
assistance or intervention during or immediately
after a disaster to meet the life preservation and
basic subsistence needs of those people affected
and in the restoration of essential public activities
and facilities.
(hh) "Risk" - the combination of the probability of an
event and its negative consequences.
(ii) "Risk Assessment" - a methodology to determine
the nature and extent of risk by analyzing potential
hazards and evaluating existing conditions of
vulnerability that together could potentially harm
exposed people, property, services, livelihood and
the environment on which they depend. Risk
assessments with associated risk mapping include:
a review of the technical characteristics of hazards
such as their location, intensity, frequency and
probability; the analysis of exposure and
vulnerability including the physical, social, health,
economic and environmental dimensions; and the
evaluation of the effectiveness of prevailing and
alternative coping capacities in respect to likely risk
scenarios.
(jj) "Risk Management" - the systematic approach
and practice of managing uncertainty to minimize
potential harm and loss. It comprises risk assessment
and analysis, and the implementation of strategies
and specific actions to control, reduce and transfer
risks. It is widely practiced by organizations to
minimize risk in investment decisions and to address
operational risks such as those of business disruption,
production failure, environmental damage, social
impacts and damage from fire and natural hazards.
(kk) "Risk Transfer" - the process of formally or
informally shifting the financial consequences of
particular risks from one party to another whereby a
household, community, enterprise or state authority
will obtain resources from the other party after a
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
disaster occurs, in exchange for ongoing or
compensatory social or financial benefits provided
to that other party.
(ll) "State of Calamity" - a condition involving mass
casualty and/or major damages to property,
disruption of means of livelihoods, roads and normal
way of life of people in the affected areas as a
result of the occurrence of natural or human-
induced hazard.
(mm) "Sustainable Development" - development
that meets the needs of the present without
compromising the ability of future generations to
meet their own needs. It contains within it two (2)
key concepts: (1) the concept of "needs", in
particular, the essential needs of the world's poor,
to which overriding priority should be given; and (2)
the idea of limitations imposed by the state of
technology and social organizations on the
environment's ability to meet present and future
needs. It is the harmonious integration of a sound
and viable economy, responsible governance,
social cohesion and harmony, and ecological
integrity to ensure that human development now
and through future generations is a life-enhancing
process.
(nn) "Vulnerability" - the characteristics and
circumstances of a community, system or asset that
make it susceptible to the damaging effects of a
hazard. Vulnerability may arise from various
physical, social, economic, and environmental
factors such as poor design and construction of
buildings, inadequate protection of assets, lack of
public information and awareness, limited official
recognition of risks and preparedness measures,
and disregard for wise environmental
management.
(oo) "Vulnerable and Marginalized Groups" - those
that face higher exposure to disaster risk and
poverty including, but not limited to, women,
children, elderly, differently-abled people, and
ethnic minorities.
Section 4. Scope. - This Act provides for the
development of policies and plans and the
implementation of actions and measures
pertaining to all aspects of disaster risk reduction
and management, including good governance,
risk assessment and early warning, knowledge
building and awareness raising, reducing
underlying risk factors, and preparedness for
effective response and early recovery.
Section 5. National Disaster Risk Reduction and
Management Council. - The present National
Disaster Coordinating Council or NDCC shall
henceforth be known as the National Disaster Risk
Reduction and Management Council, hereinafter
referred to as the NDRRMC or the National Council.
The National Council shall be headed by the
Secretary of the Department of National Defense
(DND) as Chairperson with the Secretary of the
12
Department of the Interior and Local Government
(DILG) as Vice Chairperson for Disaster
Preparedness, the Secretary of the Department of
Social
Welfare and Development (DSWD) as Vice
Chairperson for Disaster Response, the Secretary of
the Department of Science and Technology (DOST)
as Vice Chairperson for Disaster Prevention and
Mitigation, and the Director-General of the National
Economic and Development Authority (NEDA) as
Vice Chairperson for Disaster Rehabilitation and
Recovery.
The National Council's members shall be the
following:
(a) Secretary of the Department of Health (DOH);
(b) Secretary of the Department of Environment
and Natural Resources (DENR);
(c) Secretary of the Department of Agriculture (DA);
(d) Secretary of the Department of Education
(DepED);
(e) Secretary of the Department of Energy (DOE);
(f) Secretary of the Department of Finance (DOF);
(g) Secretary of the Department of Trade and
Industry (DT!);
(h) Secretary of the Department of Transportation
and Communications (DOTC);
(i) Secretary of the Department of Budget and
Management (DBM);
(j) Secretary of the Department of Public Works and
Highways (DPWH);
(k) Secretary of the Department of Foreign Affairs
(DFA);
(l) Secretary of the Department of Justice (DOJ);
(m) Secretary of the Department of Labor and
Employment (DOLE);
(n) Secretary of the Department of Tourism (DOT);
(o) The Executive Secretary;
(p)Secretary of the Office of the Presidential Adviser
on the Peace Process (OPAPP);
(q) Chairman, Commission on Higher Education
(CHED);
(r) Chief of Staff, Armed Forces of the Philippines
(AFP);
(s) Chief, Philippine National Police (PNP);
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
(t) The Press Secretary;
(u) Secretary General of the Philippine National Red
Cross (PNRC);
(v) Commissioner of the National Anti-Poverty
Commission-Victims of Disasters and Calamities
Sector (NAPCVDC);
(w) Chairperson, National Commission on the Role
of Filipino Women;
(x) Chairperson, Housing and Urban Development
Coordinating Council (HUDCC);
(y) Executive Director of the Climate Change Office
of the Climate Change Commission;
(z) President, Government Service Insurance System
(GSIS);
(aa) President, Social Security System (SSS);
(bb) President, Philippine Health Insurance
Corporation (PhilHealth);
(cc) President of the Union of Local Authorities of
the Philippines (ULAP);
(dd) President of the League of Provinces of the
Philippines (LPP);
(ee) President of the League of Cities of the
Philippines (LCP);
(ff) President of the League of Municipalities of the
Philippines (LMP);
(gg) President of the Liga ng Mga Barangay (LMB);
(hh) Four (4) representatives from the CSOs;
(ii) One (1) representative from the private sector;
and
(jj) Administrator of the OCD.
The representatives from the CSOs and the private
sector shall be selected from among their
respective ranks based on the criteria and
mechanisms to be set for this purpose by the
National Council.
Section 6. Powers and Functions of the NDRRMC. -
The National Council, being empowered with
policy-making, coordination, integration,
supervision, monitoring and evaluation functions,
shall have the following responsibilities:
(a) Develop a NDRRMF which shall provide for a
comprehensive, all-hazards, multi-sectoral, inter-
agency and community-based approach to
disaster risk reduction and management. The
Framework shall serve as the principal guide to
disaster risk reduction and management efforts in
the country and shall be reviewed on a five(5)-year
13
interval, or as may be deemed necessary, in order
to ensure its relevance to the times;
(b) Ensure that the NDRRMP is consistent with the
NDRRMF;
(c) Advise the President on the status of disaster
preparedness, prevention, mitigation, response and
rehabilitation operations being undertaken by the
government, CSOs, private sector, and volunteers;
recommend to the President the declaration of a
state of calamity in areas extensively damaged;
and submit proposals to restore normalcy in the
affected areas, to include calamity fund allocation;
(d) Ensure a multi-stakeholder participation in the
development, updating, and sharing of a Disaster
Risk Reduction and Management Information
System and Geographic Information System-based
national risk map as policy, planning and decision-
making tools;
(e) Establish a national early warning and
emergency alert system to provide accurate and
timely advice to national or local emergency
response organizations and to the general public
through diverse mass media to include digital and
analog broadcast, cable, satellite television and
radio, wireless communications, and landline
communications;
(f) Develop appropriate risk transfer mechanisms
that shall guarantee social and economic
protection and increase resiliency in the face of
disaster;
(g) Monitor the development and enforcement by
agencies and organizations of the various laws,
guidelines, codes or technical standards required
by this Act;
(h) Manage and mobilize resources for disaster risk
reduction and management including the National
Disaster Risk Reduction and Management Fund;
(i) Monitor and provide the necessary guidelines
and procedures. on the Local Disaster Risk
Reduction and Management Fund (LDRRMF)
releases as well as utilization, accounting and
auditing thereof;
(j) Develop assessment tools on the existing and
potential hazards and risks brought about by
climate change to vulnerable areas and
ecosystems in coordination with the Climate
Change Commission;
(k) Develop vertical and horizontal coordination
mechanisms for a more coherent implementation
of disaster risk reduction and management policies
and programs by sectoral agencies and LGUs;
(l) Formulate a national institutional capability
building program for disaster risk reduction and
management to address the specific' weaknesses
of various government agencies and LGUs, based
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
on the results of a biennial baseline assessment and
studies;
(m) Formulate, harmonize, and translate into
policies a national agenda for research and
technology development on disaster risk reduction
and management;
(n) In coordination with the Climate Change
Commission, formulate and implement a
framework for climate change adaptation and
disaster risk reduction and management from
which all policies, programs, and projects shall be
based;
(o) Constitute a technical management group
composed of representatives of the
abovementioned departments, offices, and
organizations, that shall coordinate and meet as
often as necessary to effectively manage and
sustain national efforts on disaster risk reduction and
management;
(p) Task the OCD to conduct periodic assessment
and performance monitoring of the member-
agencies of the NDRRMC, and the Regional
Disaster Risk Reduction and Management Councils
(RDRRMCs), as defined in the NDRRMP; and
(q) Coordinate or oversee the Implementation of
the country's obligations with disaster management
treaties to which it IS a party and see to It that the
country's disaster management treaty obligations
be incorporated in its disaster risk reduction and
management frameworks, policies, plans,
programs and projects.
Section 7. Authority of the NDRRMC Chairperson. -
The Chairperson of the NDRRMC may call upon
other instrumentalities or entities of the government
and nongovernment and civic organizations for
assistance In terms of the use of their facilities and
resources for the protection and preservation of life
and properties in the whole range of disaster risk
reduction and management. This authority includes
the power to call on the reserve force as defined in
Republic Act No. 7077 to assist in relief and rescue
during disasters or calamities.
Section 8. The Office of Civil Defense. - The Office of
Civil Defense (OCD) shall have the primary mission
of administering a comprehensive national civil
defense and disaster risk reduction and
management program by providing leadership in
the continuous development of strategic and
systematic approaches as well as measures to
reduce the vulnerabilities and risks to hazards and
manage the consequences of disasters.
The Administrator of the OCD shall also serve as
Executive Director of the National Council and, as
such, shall have the same duties and privileges of a
department undersecretary. All appointees shall be
universally acknowledged experts in the field of
disaster preparedness and management and of
proven honesty and integrity. The National Council
14
shall utilize the services and facilities of the OCD as
the secretariat of the National Council.
Section 9. Powers and Functions of the OCD. - The
OCD shall have the following powers and functions:
(a) Advise the National Council on matters relating
to disaster risk reduction and management
consistent with the policies and scope as defined in
this Act;
(b) Formulate and implement the NDRRMP and
ensure that the physical framework, social,
economic and environmental plans of
communities, cities, municipalities and provinces
are consistent with such plan. The National Council
shall approve the NDRRMP;
(c) Identify, assess and prioritize hazards and risks in
consultation with key stakeholders;
(d) Develop and ensure the implementation of
national standards in carrying out disaster risk
reduction programs including preparedness,
mitigation, prevention, response and rehabilitation
works, from data collection and analysis, planning,
implementation, monitoring and evaluation;
(e) Review and evaluate the Local Disaster risk
Reduction and Management Plans (LDRRMPs) to
facilitate the integration of disaster risk reduction
measures into the local Comprehensive
Development Plan (CDP) and Comprehensive
Land-Use Plan (CL UP);
(f) Ensure that the LG U s, through the Local Disaster
Risk Reduction and Management Offices
(LDRRMOs) are properly informed and adhere to
the national standards and programs;
(g) Formulate standard operating procedures for
the deployment of rapid assessment teams,
information sharing among different government
agencies, and coordination before and after
disasters at all levels;
(h) Establish standard operating procedures on the
communication system among provincial, city,
municipal, and barangay disaster risk reduction
and management councils, for purposes of warning
and alerting them and for gathering information on
disaster areas before, during and after disasters;
(i) Establish Disaster Risk Reduction and
Management Training Institutes in such suitable
location as may be deemed appropriate to train
public and private individuals, both local and
national, in such subject as disaster risk reduction
and management among others. The Institute shall
consolidate and prepare training materials and
publications of disaster risk reduction and
management books and manuals to assist disaster
risk reduction and management workers in the
planning and implementation of this program and
projects. The Institute shall conduct research
programs to upgrade know ledge and skills and
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
document best practices on disaster risk reduction
and management. The Institute is also mandated to
conduct periodic awareness and education
programs to accommodate new elective officials
and members of the LDRRMCs;
(j) Ensure that all disaster risk reduction programs,
projects and activities requiring regional and
international support shall be in accordance with
duly established national policies and aligned with
international agreements;
(k) Ensure that government agencies and LGUs give
toppriority and take adequate and appropriate
measures in disaster risk reduction and
management;
(l) Create an enabling environment for substantial
and sustainable participation of CSOs, private
groups, volunteers and communities, and
recognize their contributions in the government's
disaster risk reduction efforts;
(m) Conduct early recovery and post-disaster
needs assessment institutionalizing gender analysis
as part of it;
(n) Establish an operating facility to be known as the
National Disaster Risk Reduction and Management
Operations Center (NDRRMOC) that shall be
operated and staffed on a twenty-four (24) hour
basis;
(o) Prepare the criteria and procedure for the
enlistment of accredited community disaster
volunteers (ACDVs). It shall include a manual of
operations for the volunteers which shall be
developed by the OCD in consultation with various
stakeholders;
(p) Provide advice and technical assistance and
assist in mobilizing necessary resources to increase
the overall capacity of LGUs, specifically the low
income and in high-risk areas;
(q) Create the necessary offices to perform its
mandate as provided under this Act; and
(r) Perform such other functions as may be
necessary for effective operations and
implementation of this Act.
Section 10. Disaster Risk Reduction and
Management Organization at the Regional Level. -
The current Regional Disaster Coordinating Councils
shall henceforth be known as the Regional Disaster
Risk Reduction and Management Councils
(RDRRMCs) which shall coordinate, integrate,
supervise, and evaluate the activities of the
LDRRMCs. The RDRRMC shall be responsible in
ensuring disaster sensitive regional development
plans, and in case of emergencies shall convene
the different regional line agencies and concerned
institutions and authorities.
15
The RDRRMCs shall establish an operating facility to
be known as the Regional Disaster Risk Reduction
and Management Operations Center (RDRRMOC)
whenever necessary.
The civil defense officers of the OCD who are or
may be designated as Regional Directors of the
OCD shall serve as chairpersons of the RDRRMCs. Its
Vice Chairpersons shall be the Regional Directors of
the DSWD, the DILG, the DOST, and the NEDA. In the
case of the Autonomous Region in Muslim
Mindanao (ARMM), the Regional Governor shall be
the RDRRMC Chairperson. The existing regional
offices of the OCD shall serve as secretariat of the
RDRRMCs. The RDRRMCs shall be composed of the
executives of regional offices and field stations at
the regional level of the government agencies.
Section 11. Organization at the Local Government
Level. - The existing Provincial, City, and Municipal
Disaster Coordinating Councils shall henceforth be
known as the Provincial, City, and Municipal
Disaster Risk Reduction and Management Councils.
The Barangay Disaster Coordinating Councils shall
cease to exist and its powers and functions shall
henceforth be assumed by the existing Barangay
Development Councils (BDCs) which shall serve as
the LDRRMCs in every barangay.
(a) Composition: The LDRRMC shall be composed
of, but not limited to, the following:
(1) The Local Chief Executives, Chairperson;
(2) The Local Planning and Development Officer,
member;
(3) The Head of the LDRRMO, member;
(4) The Head of the Local Social Welfare and
Development Office, member;
(5) The Head of the Local Health Office, member;
(6) The Head of the Local Agriculture Office,
member;
(7) The Head of the Gender and Development
Office, member;
(8) The Head of the Local Engineering Office,
member;
(9) The Head of the Local Veterinary Office,
member;
(10) The Head of the Local Budget Office, member;
(11) The Division Head/Superintendent of Schools of
the DepED, member;
(12) The highest-ranking officer of the Armed Forces
of the Philippines (AFP) assigned in the area,
member;
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
(13) The Provincial Director/City/Municipal Chief of
the Philippine National Police (PNP), member;
(14) The Provincial Director/City/ Municipal Fire
Marshall of the Bureau of Fire Protection (BFP),
member;
(15) The President of the Association of Barangay
Captains (ABC), member;
(16) The Philippine National Red Cross (PNRC),
member;
(17) Four (4) accredited CSOs, members; and
(18) One (1) private sector representative, member.
(b) The LDRRMCs shall have the following functions:
(1) Approve, monitor and evaluate the
implementation of the LDRRMPs and regularly
review and test the plan consistent with other
national and local planning programs;
(2) Ensure the integration of disaster risk reduction
and climate change adaptation into local
development plans, programs and budgets as a
strategy in sustainable development and poverty
reduction;
(3) Recommend the implementation of forced or
preemptive evacuation of local residents, if
necessary; and
(4) Convene the local council once every three (3)
months or as necessary.
Section 12. Local Disaster Risk Reduction and
Management Office (LDRRMO). - (a) There shall be
established an LDRRMO in every province, city and
municipality, and a Barangay Disaster Risk
Reduction and Management Committee
(BDRRMC) in every · barangay which shall be
responsible for setting the direction, development,
implementation and coordination of disaster risk
management programs within their territorial
jurisdiction.
(b) The LDRRMO shall be under the office of the
governor, city or municipal mayor, and the punong
barangay in case of the BDRRMC. The LDRRMOs
shall be initially organized and composed of a
DRRMO to be assisted by three (3) staff responsible
for: (1) administration and training; (2) research and
planning; and (3) operations and warning. The
LDRRMOs and the BDRRMCs shall organize, train
and directly supervise the local emergency
response teams and the ACDVs.
(c) The provincial, city and municipal DRRMOs or
BDRRMCs shall perform the following functions with
impartiality given the emerging challenges brought
by disasters of our times:
(1) Design, program, and coordinate disaster risk
reduction and management activities consistent
16
with the National Council's standards and
guidelines;
(2) Facilitate and support risk assessments and
contingency planning activities at the local level;
(3) Consolidate local disaster risk information which
includes natural hazards, vulnerabilities, and
climate change risks, and maintain a local risk map;
(4) Organize and conduct training, orientation, and
knowledge management activities on disaster risk
reduction and management at the local level;
(5) Operate a multi-hazard early warning system,
linked to disaster risk reduction to provide accurate
and timely advice to national or local emergency
response organizations and to the general public,
through diverse mass media, particularly radio,
landline communications, and technologies for
communication within rural communities;
(6) Formulate and implement a comprehensive
and - integrated LDRRMP in accordance with the
national, regional and provincial framework, and
policies on disaster risk reduction in close
coordination with the local development councils
(LDCs);
(7) Prepare and submit to the local sanggunian
through the LDRRMC and the LDC the annual
LDRRMO Plan and budget, the proposed
programming of the LDRRMF, other dedicated
disaster risk reduction and management resources,
and other regular funding source/s and budgetary
support of the LDRRMO/BDRRMC;
(8) Conduct continuous disaster monitoring and
mobilize instrumentalities and entities of the LGUs,
CSOs, private groups and organized volunteers, to
utilize their facilities and resources for the protection
and preservation of life and properties during
emergencies in accordance with existing policies
and procedures;
(9) Identify, assess and manage the hazards
vulnerabilities and risks that may occur in their
locality;
(10) Disseminate information and raise public
awareness about those hazards. vulnerabilities and
risks, their nature, effects, early warning signs and
counter-measures;
(11) Identify and implement cost-effective risk
reduction measures/strategies;
(12) Maintain a database of human resource,
equipment, directories, and location of critical
infrastructures and their capacities such as hospitals
and evacuation centers;
(13) Develop, strengthen and operationalize
mechanisms for partnership or networking with the
private sector, CSOs, and volunteer groups;
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
(14) Take all necessary steps on a continuing basis
to maintain, provide, or arrange the provision of, or
to otherwise make available, suitably-trained and
competent personnel for effective civil defense
and disaster risk reduction and management in its
area;
(15) Organize, train, equip and supervise the local
emergency response teams and the ACDV s,
ensuring that humanitarian aid workers are
equipped with basic skills to assist mothers to
breastfeed;
(16) Respond to and manage the adverse effects
of emergencies and carry out recovery activities in
the affected area, ensuring that there is an efficient
mechanism for immediate delivery of food, shelter
and medical supplies for women and children,
endeavor to create a special place where
internally-displaced mothers can find help with
breastfeeding, feed and care for their babies and
give support to each other;
(17) Within its area, promote and raise public
awareness of and compliance with this Act and
legislative provisions relevant to the purpose of this
Act;
(18) Serve as the secretariat and executive arm of
the LDRRMC;
(19) Coordinate other disaster risk reduction and
management activities;
(20) Establish linkage/network with other LGUs for
disaster risk reduction and emergency response
purposes;
(21) Recommend through the LDRRMC the
enactment of local ordinances consistent with the
requirements of this Act;
(22) Implement policies, approved plans and
programs of the LDRRMC consistent with the
policies and guidelines laid down in this Act;
(23) Establish a Provincial/City/Municipal/Barangay
Disaster Risk Reduction and Management
Operations Center;
(24) Prepare and submit, through the LDRRMC and
the LDC, the report on the utilization of the LDRRMF
and other dedicated disaster risk reduction and
management resources to the local Commission on
Audit (COA), copy furnished the regional director of
the OCD and the Local Government Operations
Officer of the DILG; and
(25) Act on other matters that may be authorized
by the LDRRMC.
(d) The BDRRMC shall be a regular committee of the
existing BDC and shall be subject thereto. The
punong barangay shall facilitate and ensure the
participation of at least two (2) CSO representatives
from existing and active community-based
17
people's organizations representing the most
vulnerable and marginalized groups in the
barangay.
Section 13. Accreditation, Mobilization, and
Protection of Disaster Volunteers and National
Service Reserve Corps, CSOs and the Private Sector.
- The government agencies, CSOs, private sector
and LGUs may mobilize individuals or organized
volunteers to augment their respective personnel
complement and logistical requirements in the
delivery of disaster risk reduction programs and
activities. The agencies, CSOs, private sector, and
LGUs concerned shall take full responsibility for the
enhancement, welfare and protection of
volunteers, and shall submit the list of volunteers to
the OCD, through the LDRRMOs, for accreditation
and inclusion in the database of community
disaster volunteers.
A national roster of ACDVs, National Service
Reserve Corps, CSOs and the private sector shall be
maintained by the OCD through the LDRRMOs.
Accreditation shall be done at the municipal or city
level.
Mobilization of volunteers shall be in accordance
with the guidelines to be formulated by the
NDRRMC consistent with the provisions of this Act.
Any volunteer who incurs death or injury while
engaged in any of the activities defined under this
Act shall be entitled to compensatory benefits and
individual personnel accident insurance as may be
defined under the guidelines.
Section 14. Integration of Disaster Risk Reduction
Education into the School Curricula and
Sangguniang Kabataan (SK) Program and
Mandatory Training for the Public Sector
Employees. - The DepED, the CHED, the Technical
Education and Skills Development Authority
(TESDA), in coordination with the OCD, the National
Youth Commission (NYC), the DOST, the DENR, the
DILG-BFP, the DOH, the DSWD and other relevant
agencies, shall integrate disaster risk reduction and
management education in the school curricula of
secondary and tertiary level of education, including
the National Service Training Program (NSTP),
whether private or public, including formal and
nonformal, technical-vocational, indigenous
learning, and out-of-school youth courses and
programs.
The NDRRMC, the RDRRMCs, the LDRRMCs, the
LDRRMOs, the BDRRMCs and the SK councils shall
encourage community, specifically the youth,
participation in disaster risk reduction and
management activities, such as organizing quick
response groups, particularly in identified disaster-
prone areas, as well as the inclusion of disaster risk
reduction and management programs as part of
the SK programs and projects.
The public sector employees shall be trained in
emergency response and preparedness. The
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
training is mandatory for such employees to comply
with the provisions of this Act.
Section 15. Coordination During Emergencies. - The
LDRRMCs shall take the lead in preparing for,
responding to, and recovering from the effects of
any disaster based on the following criteria:
(a) The BDC, if a barangay is affected;
(b) The city/municipal DRRMCs, If two (2) or more
barangays are affected;
(c) The provincial DRRMC, if two (2) or more
cities/municipalities are affected;
(d) The regional DRRMC, if two (2) or more provinces
are affected; and
(e) The NDRRMC, if two (2) or more regions are
affected.
The NDRRMC and intermediary LDRRMCs shall
always act as support to LGUs which have the
primary responsibility as first disaster responders.
Private sector and civil society groups shall work in
accordance with the coordination mechanism and
policies set by the NDRRMC and concerned
LDRRMCs.
Section 16. Declaration of State of Calamity. - The
National Council shall recommend to the President
of the Philippines the declaration of a cluster of
barangays, municipalities, cities, provinces, and
regions under a state of calamity, and the lifting
thereof, based on the criteria set by the National
Council. The President's declaration may warrant
international humanitarian assistance as deemed
necessary.
The declaration and lifting of the state of calamity
may also be issued by the local sanggunian, upon
the recommendation of the LDRRMC, based on the
results of the damage assessment and needs
analysis.
Section 17. Remedial Measures. - The declaration of
a state of calamity shall make mandatory the
Immediate undertaking of the following remedial
measures by the member-agencies concerned as
defined in this Act:
(a) Imposition of price ceiling on basic necessities
and prime commodities by the President upon the
recommendation of the implementing agency as
provided for under Republic Act No. 7581,
otherwise known as the "Price Act", or the National
Price Coordinating Council;
(b) Monitoring, prevention and control by the Local
Price Coordination Council of
overpricing/profiteering and hoarding of prime
commodities, medicines and petroleum products;
18
(c) Programming/reprogramming of funds for the
repair and safety upgrading of public infrastructures
and facilities; and
(d) Granting of no-interest loans by government
financing or lending institutions to the most affected
section of the population through their
cooperatives or people's organizations.
Section 18. Mechanism for International
Humanitarian Assistance. - (a) The importation and
donation of food, clothing, medicine and
equipment for relief and recovery and other
disaster management and recovery-related
supplies is hereby authorized in accordance with
Section 105 of the Tariff and Customs Code of the
Philippines, as amended, and the prevailing
provisions of the General Appropriations Act
covering national internal revenue taxes and
import duties of national and local government
agencies; and
(b) Importations and donations under this section
shall be considered as importation by and/or
donation to the NDRRMC, subject to the approval
of the Office of the President.
Section 19. Prohibited Acts. - Any person, group or
corporation who commits any of the following
prohibited acts shall be held liable and be
subjected to the penalties as prescribed in Section
20 of this Act:
(a) Dereliction of duties which leads to destruction,
loss of lives, critical damage of facilities and misuse
of funds;
(b) Preventing the entry and distribution of relief
goods in disaster-stricken areas, including
appropriate technology, tools, equipment,
accessories, disaster teams/experts;
(c) Buying, for consumption or resale, from disaster
relief agencies any relief goods, equipment or other
and commodities which are intended for
distribution to disaster affected communities;
(d) Buying, for consumption or resale, from the
recipient disaster affected persons any relief goods,
equipment or other aid commodities received by
them;
(e) Selling of relief goods, equipment or other aid
commodities which are intended for distribution to
disaster victims;
(f) Forcibly seizing relief goods, equipment or other
aid commodities intended for or consigned to a
specific group of victims or relief agency;
(g) Diverting or misdelivery of relief goods,
equipment or other aid commodities to persons
other than the rightful recipient or consignee;
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
(h) Accepting, possessing, using or disposing relief
goods, equipment or other aid commodities not
intended for nor consigned to him/her;
(i) Misrepresenting the source of relief goods,
equipment or other aid commodities by:
(1) Either covering, replacing or defacing the labels
of the containers to make it appear that the goods,
equipment or other aid commodities came from
another agency or persons;
(2) Repacking the! goods, equipment or other aid
commodities into containers with different markings
to make it appear that the goods came from
another agency or persons or was released upon
the instance of a particular agency or persons;
(3) Making false verbal claim that the goods,
equipment or other and commodity m its
untampered original containers actually came
from another agency or persons or was released
upon the instance of a particular agency or
persons;
(j) Substituting or replacing relief goods, equipment
or other aid commodities with the same items or
inferior/cheaper quality;
(k) Illegal solicitations by persons or organizations
representing others as defined in the standards and
guidelines set by the NDRRMC;
(l) Deliberate use of false at inflated data in support
of the request for funding, relief goods, equipment
or other aid commodities for emergency assistance
or livelihood projects; and
(m) Tampering with or stealing hazard monitoring
and disaster preparedness equipment and
paraphernalia.
Section 20. Penal Clause. - Any individual,
corporation, partnership, association, or other
juridical entity that commits any of the prohibited
acts provided for in Section 19 of this Act shall be
prosecuted and upon conviction shall suffer a fine
of not less than Fifty thousand pesos (Php50,000.00)
or any amount not to exceed Five hundred
thousand pesos (php500,000.00) or imprisonment of
not less than six (6) years and one (1) day or more
than twelve (12) years, or both, at the discretion of
the court, including perpetual disqualification from
public office if the offender IS a public officer, and
confiscation or forfeiture in favor of the government
of the objects and the instrumentalities used in
committing any of herein prohibited acts.
If the offender is a corporation, partnership or
association, or other juridical entity, the penalty shall
be imposed upon the officer or officers of the
corporation, partnership, association or entity
responsible for the violation without prejudice to the
cancellation or revocation of these entities license
or accreditation issued to them by any licensing or
accredited body of the government. If such
19
offender is an alien, he or she shall, in addition to the
penalties prescribed in this Act, be deported
without further proceedings after service of the
sentence.
However, the prosecution for offenses set forth in
Section 19 of this Act shall be without prejudice to
any liability for violation of Republic Act No. 3185, as
amended, otherwise known as the Revised Penal
Code, and other civil liabilities.
Section 21. Local Disaster Risk" Reduction and
Management Fund (LDRRMF). - The present Local
Calamity Fund shall henceforth be known as the
Local Disaster Risk Reduction and Management
Fund (LDRRMF). Not less than five percent (5%) of
the estimated revenue from regular sources shall be
set aside as the LDRRMF to support disaster risk
management activities such as, but not limited to,
pre-disaster preparedness programs including
training, purchasing life-saving rescue equipment,
supplies and medicines, for post-disaster activities,
and for the payment of premiums on calamity
insurance. The LDRRMC shall monitor and evaluate
the use and disbursement of the LDRRMF based on
the. LDRRMP as incorporated in the local
development plans and annual work and financial
plan. Upon the recommendation of the LDRRMO
and approval of the sanggunian concerned, the
LDRRMC may transfer the said fund to support
disaster risk reduction work of other LDRRMCs which
are declared under state of calamity.
Of the amount appropriated for LDRRMF, thirty
percent (30%) shall be allocated as Quick Response
Fund (QRF) or stand-by fund for relief and recovery
programs in order that situation and living
conditions of people In communities or areas
stricken by disasters, calamities, epidemics, or
complex emergencies, may be normalized as
quickly as possible.
Unexpended LDRRMF shall accrue to a special trust
fund solely for the purpose of supporting disaster risk
reduction and management activities of the
LDRRMCs within the next five (5) years. Any such
amount still not fully utilized after five (5) years shall
revert back to the general fund and will be
available for other social services to be identified by
the local sanggunian.
Section 22. National Disaster Risk" Reduction and
Management Fund. - (a) The present Calamity Fund
appropriated under the annual General
Appropriations Act shall henceforth be known as
the National Disaster Risk Reduction and
Management Fund (NDRRM Fund) and it shall be
used for disaster risk reduction or mitigation,
prevention and preparedness activities such as but
not limited to training of personnel, procurement of
equipment, and capital expenditures. It can also
be utilized for relief, recovery, reconstruction and
other work or services in connection with natural or
human induced calamities which may occur during
the budget year or those that occurred in the past
two (2) years from the budget year.
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
(b) The specific amount of the NDRRM Fund and the
appropriate recipient agencies and/or LGUs shall
be determined upon approval of the President of
the Philippines in accordance with the favorable
recommendation of the NDRRMC.
(c) Of the amount appropriated for the NDRRM
Fund, thirty percent (30%) shall be allocated as
Quick Response Fund (QRF) or stand-by fund for
relief and recovery programs in order that situation
and living conditions of people in communities or
areas stricken by disasters, calamities, epidemics, or
complex emergencies, may be normalized as
quickly as possible.
(d) All departments/agencies and LGUs that are
allocated with DRRM fund shall submit to the
NDRRMC their monthly statements on the utilization
of DRRM funds and make an accounting thereof in
accordance with existing accounting and auditing
rules.
(e) All departments, bureaus, offices and agencies
of the government are hereby authorized to use a
portion of their appropriations to implement
projects designed to address DRRM activities in
accordance with the guidelines to be issued by the
NDRRMC in coordination with the DBM.
Section 23. Funding of the OCD. - As lead agency
to carry out the provisions of this Act, the OCD shall
be allocated a budget of One billion pesos
(Php1,000,000,000.00) revolving fund starting from
the effectivity of this Act.
Section 24. Annual Report. - The National Council,
through the OCD, shall submit to the Office of the
President, the Senate and the House of
Representatives, within the first quarter of the
succeeding year, an annual report relating to the
progress of the implementation of the NDRRMP.
Section 25. Implementing Rules and Regulations. -
The NDRRMC. through its Chairperson. shall issue the
necessary rules and regulations for the effective
implementation of this Act within ninety (90) days
after approval of this Act. The OCD. in consultation
with key stakeholders. shall take the lead in the
preparation of the implementing rules and
regulations with the active involvement of the
technical management group of the NDRRMC.
Section 26. Congressional Oversight Committee. -
There is hereby created a Congressional Oversight
Committee to monitor and oversee the
implementation of the provisions of this Act. The
Committee shall be composed of six (6) members
from the Senate and six (6) members from the
House of Representatives with the Chairpersons of
the Committees on National Defense and Security
of both the Senate and the House of
Representatives as joint Chairpersons of this
Committee. The five (5) other members from each
Chamber are to be designated by the Senate
President and the Speaker of the House of
20
Representatives. respectively. The minority shall be
entitled to pro rata represent3tion but shall have at
least two (2) representatives from each Chamber.
Section 27. Sunset Review. - Within five (5) years
after the effectivity of this Act, or as the need arises,
the Congressional Oversight Committee shall
conduct a sunset review. For purposes of this Act,
the term "sunset review" shall mean a systematic
evaluation by the Congressional Oversight
Committee of the accomplishments and impact of
this Act, as well as the performance and
organizational structure of its implementing
agencies, for purposes of determining remedial
legislation.
Section 28. Repealing Clause. - Presidential Decree
No. 1566 and all other laws, decrees, executive
orders, proclamations and other executive
issuance's which are inconsistent with or contrary to
the provisions of this Act are hereby amended or
repealed accordingly.
Section 29. Separability Clause. - If any provision of
this Act shall be held unconstitutional or invalid, the
other provisions not otherwise affected shall remain
m full force and effect.
Section 30. Effectivity Clause. - This Act shall take
effect fifteen (15) days following its complete
publication in the Official Gazette or in two (2)
national newspapers of general circulation.
REPUBLIC ACT NO. 9003
AN ACT PROVIDING FOR AN
ECOLOGICAL SOLID WASTE
MANAGEMENT PROGRAM, CREATING
THE NECESSARY INSTITUTIONAL
MECHANISMS AND
INCENTIVES, DECLARING CERTAIN
ACTS PROHIBITED AND PROVIDING
PENALTIES, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER
PURPOSES.
CHAPTER I
BASIC POLICIES
Article 1
General Provisions
Section 1. Short Title - This Act shall be known as the
"Ecological Solid Waste Management Act of 2000."
Section 2. Declaration of Policies - It is hereby
declared the policy of the State to adopt a
systematic, comprehensive and ecological solid
waste management program which shall:
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(a) Ensure the protection of the public health and
environment;
(b) Utilize environmentally-sound methods that
maximize the utilization of valuable resources and
encourage resource conservation and recovery;
(c) Set guidelines and targets for solid waste
avoidance and volume reduction through source
reduction and waste minimization measures,
including composting, recycling, re-use, recovery,
green charcoal process, and others, before
collection, treatment and disposal in appropriate
and environmentally sound solid waste
management facilities in accordance with
ecologically sustainable development principles;
(d) Ensure the proper segregation, collection,
transport, storage, treatment and disposal of solid
waste through the formulation and adoption of the
best environmental practice in ecological waste
management excluding incineration;
(e) Promote national research and development
programs for improved solid waste management
and resource conservation techniques, more
effective institutional arrangement and indigenous
and improved methods of waste reduction,
collection, separation and recovery;
(f) Encourage greater private sector participation in
solid waste management;
(g) Retain primary enforcement and responsibility of
solid waste management with local government
units while establishing a cooperative effort among
the national government, other local government
units, non- government organizations, and the
private sector;
(h) Encourage cooperation and self-regulation
among waste generators through the application
of market-based instruments;
(i) Institutionalize public participation in the
development and implementation of national and
local integrated, comprehensive, and ecological
waste management programs; and
(j) Strength the integration of ecological solid waste
management and resource conservation and
recovery topics into the academic curricula of
formal and non-formal education in order to
promote environmental awareness and action
among the citizenry.
Article 2
Definition of Terms
Section 3. Definition of Terms - For the purposes of
this Act:
(a) Agricultural waste shall refer to waste generated
from planting or harvesting of crops, trimming or
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pruning of plants and wastes or run-off materials
from farms or fields;
(b) Bulky wastes shall refer to waste materials which
cannot be appropriately placed in separate
containers because of either its bulky size, shape or
other physical attributes. These include large worn-
out or broken household, commercial, and
industrial items such as furniture, lamps, bookcases,
filing cabinets, and other similar items;
(c) Bureau shall refer to the Environmental
Management Bureau;
(d) Buy-back center shall refer to a recycling center
that purchases of otherwise accepts recyclable
materials from the public for the purpose of
recycling such materials;
(e) Collection shall refer to the act of removing solid
waste from the source or from a communal storage
point;
(f) Composting shall refer to the controlled
decomposition of organic matter by micro-
organisms, mainly bacteria and fungi, into a humus-
like product;
(g) Consumer electronics shall refer to special waste
that includes worn-out, broken, and other
discarded items such as radios, stereos, and TV sets;
(h) Controlled dump shall refer to a disposal site at
which solid waste is deposited in accordance with
the minimum prescribed standards of site
operation;
(i) Department shall refer to the Department of
Environment and Natural Resources;
(j) Disposal shall refer to the discharge, deposit,
dumping, spilling, leaking or placing of any solid
waste into or in an land;
(k) Disposal site shall refer to a site where solid waste
is finally discharged and deposited;
(l) Ecological solid waste management shall refer to
the systematic administration of activities which
provide for segregation at source, segregated
transportation, storage, transfer, processing,
treatment, and disposal of solid waste and all other
waste management activities which do not harm
the environment;
(m) Environmentally acceptable shall refer to the
quality of being re-usable, biodegradable or
compostable, recyclable and not toxic or
hazardous to the environment;
(n) Generation shall refer to the act or process of
producing solid waste;
(o) Generator shall refer to a person, natural or
juridical, who last uses a material and makes it
available for disposal or recycling;
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(p) Hazardous waste shall refer to solid waste
management or combination of solid waste which
because of its quantity, concentration or physical,
chemical or infectious characteristics may:
(1) cause, or significantly contribute to an increase
in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
(2) pose a substantial present or potential hazard to
human health or the environment when improperly
treated, stored, transported, or disposed of, or
otherwise managed;
(q) Leachate shall refer to the liquid produced
when waste undergo decomposition, and when
water percolate through solid waste undergoing
decomposition. It is contaminated liquid that
contains dissolved and suspended materials;
(r) Materials recovery facility - includes a solid waste
transfer station or sorting station, drop-off center, a
composting facility, and a recycling facility;
(s) Municipal waste shall refer to wastes produced
from activities within local government units which
include a combination of domestic, commercial,
institutional and industrial wastes and street litters;
(t) Open dump shall refer to a disposal area wherein
the solid wastes are indiscriminately thrown or
disposed of without due planning and
consideration for environmental and Health
standards;
(u) Opportunity to recycle shall refer to the act of
providing a place for collecting source-separated
recyclable material, located either at a disposal site
or at another location more convenient to the
population being served, and collection at least
once a month of source-separated recyclable
material from collection service customers and to
providing a public education and promotion
program that gives notice to each person of the
opportunity to recycle and encourage source
separation of recyclable material;
(v) Person(s) shall refer to any being, natural or
judicial, susceptible of rights and obligations, or of
being the subject of legal relations;
(w) Post-consumer material shall refer only to those
materials or products generated by a business or
consumer which have served their intended end
use, and which have been separated or diverted
from solid waste for the purpose of being collected,
processed and used as a raw material in the
manufacturing of recycled product, excluding
materials and by-products generated from, and by-
products generated from, and commonly used
within an original manufacturing process, such as
mill scrap;
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(x) Receptacles shall refer to individual containers
used for the source separation and the collection of
recyclable materials;
(y) Recovered material shall refer to material and
by products that have been recovered or diverted
from solid waste for the purpose of being collected,
processed and used as a raw material in the
manufacture of a recycled product;
(z) Recyclable material shall refer to any waste
material retrieved from the waste stream and free
from contamination that can still be converted into
suitable beneficial use or for other purposes,
including, but not limited to, newspaper, ferrous
scrap metal, non-ferrous scrap metal, used oil,
corrugated cardboard, aluminum, glass, office
paper, tin cans and other materials as may be
determined by the Commission;
(aa) Recycled material shall refer to post-consumer
material that has been recycled and returned to
the economy;
(bb) Recycling shall refer to the treating of used or
waste materials through a process of making them
suitable for beneficial use and for other purposes,
and includes any process by which solid waste
materials are transformed into new products in such
a manner that the original product may lose their
identity, and which maybe used as raw materials for
the production of other goods or services: Provided,
That the collection, segregation and re-use of
previously used packaging material shall be
deemed recycling under this Act;
(cc) Resource conversation shall refer to the
reduction of the amount of solid waste that are
generated or the reduction of overall resource
consumption, and utilization of recovered
resources;
(dd) Resources recovery shall refer to the collection,
extraction or recovery of recyclable materials from
the waste stream for the purpose of recycling,
generating energy or producing a product suitable
for beneficial use: Provided, That such resource
recovery facilities exclude incineration;
(ee) Re-use shall refer to the process of recovering
materials intended for the same or different
purpose without the alteration of physical and
chemical characteristics;
(ff) Sanitary landfill shall refer to a waste disposal site
designed, constructed, operated and maintained
in a manner that exerts engineering control over
significant potential environment impacts arising
from the development and operation of the facility;
(gg) Schedule of Compliance shall refer to an
enforceable sequence of actions or operations to
be accomplished within a stipulated time frame
leading to compliance with a limitation, prohibition
or standard set forth in this Act or any rule of
regulation issued pursuant thereto;
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(hh) Secretary landfill shall refer to the Secretary of
the Department of Environment and Natural
Resources;
(ii) Segregation shall refer to a solid waste
management practice of separating different
materials found in solid waste in order to promote
recycling and re-use of resources and to reduce the
volume of waste for collection and disposal;
(jj) Segregation at source shall refer to a solid waste
management practice of separating, at the point
of origin, different materials found in solid waste in
order to promote recycling and re-use of resources
and to reduce the volume of waste for collection
and disposal;
(kk) Solid waste shall refer to all discarded
household, commercial waste, non-hazardous
institutional and industrial waste, street sweepings,
construction debris, agricultural waste, and other
non-hazardous/non-toxic solid waste.
Unless specifically noted otherwise, the term "solid
waste" as used in this Act shall not include:
(1) Waste identified or listed as hazardous waste of
a solid, liquid, contained gaseous or semisolid form
which may cause or contribute to an increase in
mortality or in serious or incapacitating reversible
illness, or acute/chronic effect on the health of
persons and other organisms;
(2) Infectious waste from hospitals such as
equipment, instruments, utensils, and fomites of a
disposable nature from patients who are suspected
to have or have been diagnosed as having
communicable diseases and must therefore be
isolated as required by public health agencies,
laboratory wastes such as pathological specimens
(i.e. all tissues, specimens of blood elements,
excreta, and secretions obtained from patients or
laboratory animals) and disposable fomites that
may harbor or transmit pathogenic organisms, and
surgical operating room pathologic materials from
outpatient areas and emergency rooms; and
(3) Waste resulting from mining activities, including
contaminated soil and debris.
(ll) Solid waste management shall refer to the
discipline associated with the control of generation,
storage, collection, transfer and transport,
processing, and disposal of solid wastes in a manner
that is in accord with the best principles of public
health, economics, engineering, conservation,
aesthetics, and other environmental
considerations, and that is also responsive to public
attitudes;
(mm) Solid waste management facility shall refer to
any resource recovery system or component
thereof; any system, program, or facility for resource
conservation; any facility for the collection, source
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separation, storage, transportation, transfer,
processing, treatment, or disposal of solid waste;
(nn) Source reduction shall refer to the reduction of
solid waste before it enters the solid waste stream
by methods such as product design, materials
substitution, materials re-use and packaging
restrictions;
(oo) Source separation shall refer to the sorting of
solid waste into some or all of its component parts
at the point of generation;
(pp) Special wastes shall refer to household
hazardous wastes such as paints, thinners,
household batteries, lead-acid batteries, spray
canisters and the like. These include wastes from
residential and commercial sources that comprise
of bulky wastes, consumer electronics, white goods,
yard wastes that are collected separately,
batteries, oil, and tires. These wastes are usually
handled separately from other residential and
commercial wastes;
(qq) Storage shall refer to the interim containment
of solid wastes after generation and prior to
collection for ultimate recovery or disposal;
(rr) Transfer stations shall refer to those facilities
utilized to receive solid wastes, temporarily store,
separate, convert, or otherwise process the
materials in the solid wastes, or to transfer the solid
wastes directly from smaller to larger vehicles for
transport. This term does not include any of the
following:
(1) a facility whose principal function is to receive,
store, separate, convert or otherwise process in
accordance with national minimum standards,
manure;
(2) a facility, whose principal function is to receive,
store, convert, or otherwise process wastes which
have already been separated for re-use and are
intended for disposals, and
(3) the operations premises of a duly licensed solid
waste handling operator who is receives, stores,
transfers, or otherwise processes wastes as an
activity incidental to the conduct of a refuse
collection and disposal business.
(ss) Waste diversion shall refer to activities which
reduce or eliminate the amount of solid waste from
waste disposal facilities;
(tt) White goods shall refer to large worn-out or
broken household, commercial, and industrial
appliances such as stoves, refrigerators,
dishwashers, and clothes washers and dryers
collected separately. White goods ate usually
dismantled for the recovery of specific materials
(e.g., copper, aluminum, etc.);
(uu) Yard waste shall refer to wood, small or
chipped branches, leaves, grass clippings, garden
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debris, vegetable residue that is recognized as part
of a plant or vegetable and other materials
identified by the Commission.
CHAPTER II
INSTITUTIONAL MECHANISM
Section 4. National Solid Waste Management
Commission - There is hereby established a National
Solid Waste Management Commission, hereinafter
referred to as the Commission, under the Office of
the President. The Commissioner shall be composed
of fourteen (14) members from the government
sector and three members from the private sector.
The government sector shall be represented by the
heads of the following agencies in their ex officio
capacity:
(1) Department of Environment and Natural
Resources (DENR);
(2) Department of the Interior and Local
Government (DILG);
(3) Department of Science and Technology (DOST);
(4) Department of Public Works and Highways
(DPWH);
(5) Department of Health (DOH);
(6) Department of Trade and Industry (DTI);
(7) Department of Agriculture (DA);
(8) Metro Manila Development Authority (MMDA);
(9) League of provincial governors;
(10) League of city mayors;
(11) League of municipal mayors;
(12) Association of barangay councils;
(13) Technical Education and Skills Development
Authority (TESDA); and
(14) Philippine Information Agency.
The private sector shall be represented by the
following:
(a) A representative from nongovernment
organizations (NGOs) whose principal purpose is to
promote recycling and the protection of air and
water quality;
(b) A representative from the recycling industry;
and
(c) A representative from the manufacturing or
packaging industry;
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The Commission may, from time to time, call on any
other concerned agencies or sectors as it may
deem necessary.
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging
industries shall be nominated through a process
designed by themselves and shall be appointed by
the President for a term of three (3) years.
Provided, further, That the Secretaries of the
member agencies of the Commission shall
formulate action plans for their respective agencies
to complement the National Solid Waste
Management Framework.
The Department Secretary and a private sector
representative of the Commission shall serve as
chairman and vice chairman, respectively. The
private sector representatives of the Commission
shall be appointed on the basis of their integrity,
high decree of professionalism and having
distinguished themselves in environmental and
resource management. The members of the
Commission shall serve and continue to hold office
until their successors shall have been appointed
and qualified. Should a member of the Commission
fail to complete his/her term, the unexpired portion
of the term. Finally, the members shall be entitled to
reasonable traveling expenses and honoraria.
The Department, through the Environmental
Management Bureau, shall provide secretariat
support to the Commission. The Secretariat shall be
headed by an executive director who shall be
nominated by the members of the Commission and
appointed by the chairman.
Section 5. Powers and Functions of the Commission
- The Commission shall oversee the implementation
of solid waste management plans and prescribe
policies to achieve the objectives of this Act. The
Commission shall undertake the following activities.
(a) Prepare the national solid waste management
framework;
(b) Approve local solid waste management plans
in accordance with its rules and regulations;
(c) Review and monitor the implementation of local
solid waste management plans;
(d) Coordinate the operation of local solid waste
management boards in the provincial and
city/municipal levels;
(e) To the maximum extent feasible, utilizing existing
resources, assist provincial, city and municipal solid
waste management plans;
(f) Develop a model provincial, city and municipal
solid waste management plan that will establish
prototypes of the content and format which
provinces, cities and municipalities may use in
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meeting the requirements of the National Solid
Waste Management Framework;
(g) Adopt a program to provide technical and
other capability building assistance and support to
local government units in the development and
implementation of source reduction programs;
(h) Develop and implement a program to assist
local government units in the identification of
markets for materials that are diverted from disposal
facilities through re-use, recycling, and composting,
and other environment-friendly methods;
(i) Develop a mechanism for the imposition of
sanctions for the violations environmental rules and
regulations;
(j) Manage the Solid Waste Management Fund;
(k) Develop and prescribe procedures for the
issuance of appropriate permits and clearances.
(l) Review the incentives scheme for effective solid
waste management, for purpose of ensuring
relevance and efficiency in achieving the
objectives of this Act;
(m) Formulate the necessary education promotion
and information campaign strategies;
(n) Establish, after notice and hearing of the parties
concerned, standards, criteria, guidelines, and
formula that are fair, equitable and reasonable, in
establishing tipping charges and rates that the
proponent will charge in the operation and
management of solid waste management facilities
and technologies.
(o) Develop safety nets and alternative livelihood
programs for small recyclers and other sectors that
will be affected as a result of the construction
and/or operation of solid waste management
recycling plant or facility.
(p) Formulate and update a list of non-
environmentally acceptable materials in
accordance with the provisions of this Act. For this
purpose, it shall be necessary that proper
consultation be conducted by the Commission with
all concerned industries to ensure a list that is based
on technological and economic viability.
(q) Encourage private sector initiatives, community
participation and investments resource recovery-
based livelihood programs for local communities.
(r) Encourage all local government agencies and
all local government units to patronize products
manufactured using recycled and recyclable
materials;
(s) Propose and adopt regulations requiring the
source separation and post separation collection,
segregated collection, processing, marketing and
25
sale of organic and designated recyclable material
generated in each local government unit; and
(t) Study and review of the following:
(i) Standards, criteria and guidelines for
promulgation and implementation of an integrated
national solid waste management framework; and
(ii) Criteria and guidelines for siting, design,
operation and maintenance of solid waste
management facilities.
Section 6. Meetings - The Commission shall meet at
least once a month. The presence of at least a
majority of the members shall constitute a quorum.
The chairman, or in his absence the vice-chairman,
shall be the presiding officer. In the absence of the
heads of the agencies mentioned in Sec. 4 of this
Act, they may designate permanent
representatives to attend the meetings.
Section 7. The National Ecology Center - There shall
be established a National Ecology Center under
the Commission which shall provide consulting,
information, training, and networking services for
the implementation of the provisions of this Act.
In this regard, it shall perform the following functions:
(a) Facilitate training and education in integrated
ecological solid waste management;
(b) Establish and manage a solid waste
management information data base, in
coordination with the DTI and other concerned
agencies:
(1) on solid waste generation and management
techniques as well as the management, technical
and operational approaches to resource recovery;
and
(2) of processors/recyclers, the list of materials being
recycled or bought by them and their respective
prices;
(c) Promote the development of a recycling market
through the establishment of a national recycling
network that will enhance the opportunity to
recycle;
(d) Provide or facilitate expert assistance in pilot
modeling of solid waste management facilities; and
(e) Develop, test, and disseminate model waste
minimization and reduction auditing procedures for
evaluating options.
The National Ecology Center shall be headed by
the director of the Bureau in his ex officio capacity.
It shall maintain a multi-sectoral, multi-disciplinary
pool of experts including those from the academe,
inventors, practicing professionals, business and
industry, youth , women and other concerned
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sectors, who shall be screened according to
qualifications set by the Commission.
Section 8. Role of the Departmen. - For the
furtherance of the objectives of this Act, the
Department shall have the following functions:
(a) Chair the Commission created pursuant to this
Act;
(b) Prepare an annual National Solid Waste
Management Status Report;
(c) Prepare and distribute information, education
and communication materials on solid waste
management;
(d) Establish methods and other parameters for the
measurement of waste reduction, collection and
disposal;
(e) Provide technical and other capability building
assistance and support to the LGUs in the
development and implementation of local solid
waste management plans and programs;
(f) Recommend policies to eliminate barriers to
waste reduction programs;
(g) Exercise visitorial and enforcement powers to
ensure strict compliance with this Act;
(h) Perform such other powers and functions
necessary to achieve the objectives of this Act; and
(i) Issue rules and regulations to effectively
implement the provisions of this Act.
Section 9. Visitorial Powers of the Department. - The
Department or its duly authorized representative
shall have access to, and the right to copy
therefrom, the records required to be maintained
pursuant to the provisions of this Act. The Secretary
or the duly authorized representative shall likewise
have the right to enter the premises of any
generator, recycler or manufacturer, or other
facilities any time to question any employee or
investigate any fact, condition or matter which may
be necessary to determine any violation, or which
may aid in the effective enforcement of this Act
and its implementing rules and regulations. This
Section shall not apply to private dwelling places
unless the visitorial power is otherwise judicially
authorized.
Section 10. Role of LGUs in Solid Waste
Management - Pursuant to the relevant provisions
of R.A. No. 7160, otherwise known as the Local
government code, the LGUs shall be primarily
responsible for the implementation and
enforcement of the provisions of this Act within their
respective jurisdictions.
Segregation and collection of solid waste shall be
conducted at the barangay level specifically for
biodegradable, compostable and reusable
26
wastes: Provided, That the collection of non-
recyclable materials and special wastes shall be
the responsibility of the municipality or city.
Section 11. Provincial Solid Waste Management
Board - A Provincial Solid Waste Management
board shall be established in every province, to be
chaired by the governor. Its members shall include:
(a) All the mayors of its component cities and
municipalities;
(b) One (1) representative from the Sangguniang
Panlalawigan to be represented by the chairperson
of either the Committees on Environment or Health
or their equivalent committees, to be nominated by
the presiding officer;
(c) The provincial health and/or general services
officers, whichever may be recommended by the
governor;
(d) The provincial environment and natural
resources officer;
(e) The provincial engineer;
(f) Congressional representatives from each
congressional district within the province;
(g) A representative from the NGO sector whose
principal purpose is to promote recycling and the
protection of air and water quality;
(h) A representative from the recycling industry;
(i) A representative from the manufacturing or
packaging industry; and
(j) A representative of each concerned
government agency possessing relevant technical
and marketing expertise as may be determined by
the board.
The Provincial Solid Waste Management Board
may, from time to time, call on any other
concerned agencies or sectors as it may deem
necessary.
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging
industries shall be selected through a process
designed by themselves and shall be endorsed by
the government agency of representatives of the
Board: Provided, further, that in the Province of
Palawan, the Board shall be chaired by the
chairman of the Palawan Council for Sustainable
Development, pursuant to Republic Act No. 7611.
In the case of Metro Manila, the Board shall be
chaired by the chairperson of the MMDA and its
members shall include:
(i) all mayors of its component cities and
municipalities;
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(ii) a representative from the NGO sector whose
principal purpose is to promote recycling and the
protection of air and water quality;
(iii) a representative from the recycling industry; and
(iv) a representative from the manufacturing or
packaging industry.
The Board may, from time to time, call on any other
concerned agencies or sectors as it may deem
necessary.
Provided, That representatives from the NGOs,
recycling and manufacturing or packaging
industries shall be selected through a process
designed by themselves and shall be endorsed by
the government agency representatives of the
Board.
The Provincial Solid Waste Management Board shall
have the following functions and responsibilities:
(1) Develop a provincial solid waste management
plan from the submitted solid waste management
plans of the respective city and municipal solid
waste management boards herein created. It shall
review and integrate the submitted plans of all its
component cities and municipalities and ensure
that the various plan complement each other, and
have the requisite components. The Provincial Solid
Waste Management Plan shall be submitted to the
Commission for approval.
The Provincial Plans shall reflect the general
program of action and initiatives of the provincial
government and implementing a solid waste
management program that would support the
various initiatives of its component cities and
municipalities.
(2) Provide the necessary logistical and operational
support to its component cities and municipalities in
consonance with subsection (f) of Sec.17 of the
Local Government Code;
(3) Recommend measures and safeguards against
pollution and for the preservation of the natural
ecosystem;
(4) Recommend measures to generate resources,
funding and implementation of project and
activities as specified in the duly approved solid
waste management plans;
(5) Identify areas within its jurisdiction which have
common solid waste management problems and
are appropriate units are planning local solid waste
management services in accordance with Section
41 hereof;
(6) Coordinate the efforts of the component cities
and municipalities in the implementation of the
Provincial Solid Waste Management Plan;
27
(7) Develop an appropriate incentive scheme as an
integral component of the Provincial Solid Waste
Management Plan;
(8) Convene joint meetings of the provincial, city
and municipal solid waste management boards at
least every quarter for purposes of integrating,
synchronizing, monitoring and evaluating the
development and implementation of its provincial
solid waste management plan;
(9) Represent any of its component city or
municipality in coordinating its resource and
operational requirements with agencies of the
national government;
(10) Oversee the implementation of the Provincial
Solid Waste Management Plant;
(11) Review every two (2) years or as the need arises
the Provincial Solid Waste Management Plan for
purposes of ensuring its sustainability, viability,
effectiveness and relevance in relation to local and
international development in the field of solid waste
management; and
(12) Allow for the clustering of LGUs for the solution
of common solid waste management problems.
Section 12. City and Municipal Solid Waste
Management Board - Each city or municipality shall
form a City or Municipal Waste Management Board
that shall prepare, submit and implement a plan for
the safe and sanitary management of solid waste
generated in areas under in geographic and
political coverage.
The City or Municipal Solid Waste Management
Board shall be composed of the city or municipal
mayor as head with the following as members:
a) One (1) representative of Sangguniang
Panlungsod or the Sangguniang Bayan, preferably
chairpersons of either the Committees on
Environment or Health, who will be designated by
the presiding officer;
b) President of the Association of Barangay
Councils in the municipality or city;
c) Chairperson of the Sangguniang Kabataan
Federation;
d) A representative from NGOs whose principal
purpose is to promote recycling and the protection
of air and water quality;
e) A representative from the recycling industry;
f) A representative from the manufacturing or
packaging industry; and
g) A representative of each concerned
government agency possessing relevant technical
and marketing expertise as may be determined by
the Board.
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The City or Municipal Solid Waste Management
Board may, from time to time, call on any
concerned agencies or sectors as it may deem
necessary.
Provided, That representatives from NGOs,
recycling and manufacturing or packaging
industries shall be selected through a process
designed by themselves and shall be endorsed by
the government agency representatives of the
Board.
The City and Municipal Solid Waste Management
Boards shall have the following duties and
responsibilities:
(1) Develop the City or Municipal Solid Waste
Management Plan that shall ensure the long-term
management of solid waste, as well as integrate
the various solid waste management plans and
strategies of the barangays in its area of jurisdiction.
In the development of the Solid Waste
Management Plan, it shall conduct consultations
with the various sectors of the community;
(2) Adopt measures to promote and ensure the
viability and effective implementation of solid
waste management programs in its component
barangays;
(3) Monitor the implementation of the City or
Municipal Solid Waste Management Plan through
its various political subdivisions and in cooperation
with the private sector and the NGOs;
(4) Adopt specific revenue-generating measures to
promote the viability of its Solid Waste
Management Plan;
(5) Convene regular meetings for purposes of
planning and coordinating the implementation of
the solid waste management plans of the
respective component barangays;
(6) Oversee the implementation of the City or
Municipal Solid Waste Management Plan;
(7) Review every two (2) years or as the need arises
the City or Municipal Solid Waste Management Plan
for purposes of ensuring its sustainability, viability,
effectiveness and relevance in relation to local and
international developments in the field of solid
waste management;
(8) Develop the specific mechanics and guidelines
for the implementation of the City or Municipal Solid
Waste Management Plan;
(9) Recommended to appropriate local
government authorities specific measures or
proposals for franchise or build-operate-transfer
agreements with duly recognized institutions,
pursuant to R.A.6957, to provide either exclusive or
non-exclusive authority for the collection, transfer,
storage, processing, recycling or disposal of
28
municipal solid waste. The proposals shall take into
consideration appropriate government rules and
regulations on contracts, franchise and build-
operate-transfer agreements;
(10) Provide the necessary logistical and
operational support to its component cities and
municipalities in consonance with subsection (f) of
Sec. 17 of the Local Government Code;
(11) Recommended measures and safeguards
against pollution and for the preservation of the
natural ecosystem; and
(12) Coordinates the efforts of its components
barangays in the implementation of the city or
municipal Solid Waste Management Plan.
Section13. Establishment of Multi-Purpose
Environment Cooperatives or Association in Every
LGU - Multi-purpose cooperatives and associations
that shall undertake activities to promote the
implementation and/ or directly undertake projects
in compliance with the provisions of this Act shall be
encouraged and promoted in every LGU.
CHAPTER III
COMPREHENSIVE SOLID WASTE MANAGEMENT
Article 1
General Provisions
Section 14. National Solid Waste Management
Status Report - The Department, in coordination
with the DOH and other concerned agencies, shall
within six (6) months after the effectivity of this Act,
prepare a National Solid Waste Management
Status Report which shall be used as a basis in
formulating the National Solid Waste Management
Framework provided in Sec. 15 of this Act. The
concerned agencies shall submit to the
Department relevant data necessary for the
completion of the said report within three (3)
months following the effectivity of this Act. The said
report shall include, but shall not be limited to, the
following:
(a) Inventory of existing solid waste facilities;
(b) General waste characterization, taking into
account the type, quantity of waste generated
and estimation of volume and type of waste for
reduction and recycling;
(c) Projection of waste generation;
(d) The varying regional geologic, hydrologic,
climatic, and other factors vital in the
implementation of solid waste practices to ensure
the reasonable protection of:
(1) the quality of surface and groundwater from
leachate contamination;
(2) the quality of surface waters from surface run-off
contamination; and
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(3) ambient air quality.
(e) Population density, distribution and projected
growth;
(f) The political, economic, organizational, financial
and management problems affecting
comprehensive solid waste management;
(g) Systems and techniques of waste reduction, re-
use and recycling;
(h) Available markets for recyclable materials;
(i) Estimated cost of collecting, storing, transporting,
marketing and disposal of wastes and recyclable
materials; and
(j) Pertinent qualitative and quantitative
information concerning the extent of solid waste
management problems and solid waste
management activities undertaken by local
government units and the waste generators.
Provided, That the Department, in consultation with
concerned agencies, shall review, update and
publish a National Solid Waste Management Status
Report every two (2) years or as the need arises.
Section 15. National Solid Waste Management
Framework - Within six (6) months from the
completion of the national solid waste
management status report under Sec. 14 of this Act,
the Commission created under Sec. 4 of this Act
shall, with public participation, formulate and
implement a National Solid Waste Management
Framework. Such framework shall consider and
include:
(a) Analysis and evaluation of the current state,
trends, projections of solid waste management on
the national, provincial and municipal levels;
(b) Identification of critical solid waste facilities and
local government units which will need closer
monitoring and/or regulation;
(c) Characteristics and conditions of collection,
storage, processing, disposal, operating methods,
techniques and practices, location of facilities
where such operating methods, techniques and
practices are conducted, taking into account the
nature of the waste;
(d) Waste diversion goal pursuant to Sec. 20 of this
Act;
(e) Schedule for the closure and/or upgrading of
open and controlled dumps pursuant to Sec. 37 of
this Act;
(f) Methods of closing or upgrading open dumps for
purposes of eliminating potential health hazards;
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(g) The profile of sources, including industrial,
commercial, domestic, and other sources;
(h) Practical applications of environmentally sound
techniques of water minimization such as, but not
limited to, resource conservation, segregation at
source, recycling, resource recovery, including
waste-to-energy generation, re-use and
composting;
(i) A technical and economic description of the
level of performance that can be attained by
various available solid waste management
practices which provide for the protection of public
health and the environment;
(j) Appropriate solid waste facilities and
conservation systems;
(k) Recycling programs for the recyclable materials,
such as but not limited to glass, paper, plastic and
metal;
(l) Venues for public participation from all sectors at
all phases/stages of the waste management
program/project;
(m) Information and education campaign
strategies;
(n) A description of levels of performance and
appropriate methods and degrees of control that
provide, at the minimum, for protection of public
health and welfare through:
(1) Protection of the quality of groundwater and
surface waters from leachate and run-off
contamination;
(2) Disease and epidemic prevention and control;
(3) Prevention and control of offensive odor; and
(4) Safety and aesthetics.
(o) Minimum criteria to be used by the local
government units to define ecological solid waste
management practices. As much as practicable,
such guidelines shall also include minimum
information for use in deciding the adequate
location, design and construction of facilities
associated with solid waste management
practices, including the consideration of regional,
geographic, demographic and climatic factors;
and
(p) The method and procedure for the phaseout
and the eventual closure within eighteen (18)
months from the effectivity of this Act in case of
existing open dumps and/or sanitary landfills
located within an aquifer, groundwater reservoir or
watershed area.
Section 16. Local Government Solid Waste
Management Plans - The province, city or
municipality, through its local solid waste
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management boards, shall prepare its respective
10-year solid waste management plans consistent
with the national solid waste management
framework: Provided, That the waste management
plan shall be for the re-use, recycling and
composting of wastes generated in their respective
jurisdictions: Provided, further, That the solid waste
management plan of the LGU shall ensure the
efficient management of solid waste generated
within its jurisdiction. The plan shall place primary
emphasis on implementation of all feasible re-use,
recycling, and composting programs while
identifying the amount of landfill and transformation
capacity that will be needed for solid waste which
cannot be re-used, recycled, or composted. The
plan shall contain all the components provided in
Sec. 17 of this Act and a timetable for the
implementation of the solid waste management
program in accordance with the National
Framework and pursuant to the provisions of this
Act: Provided, finally, That it shall be reviewed and
updated every year by the provincial, city or
municipal solid waste management board.
For LGUs which have considered solid waste
management alternatives to comply with Sec. 37 of
this Act, but are unable to utilize such alternatives,
a timetable or schedule of compliance specifying
the remedial measure and eventual compliance
shall be included in the plan.
All local government solid waste management
plans shall be subjected to the approval of the
Commission. The plan shall be consistent with the
national framework and in accordance with the
provisions of this Act and of the policies set by the
Commission; Provided, That in the province of
Palawan, the local government solid waste
management plan shall be approved by the
Palawan Council for Sustainable Development,
pursuant to R.A. No. 7611.
Section 17. The Components of the Local
Government Solid Waste Management Plan - The
solid waste management plan shall include, but not
limited to, the following components:
(a) City or Municipal Profile - The plan shall indicate
the following background information on the city or
municipality and its component barangays,
covering important highlights of the distinct
geographic and other conditions:
(1) Estimated population of each barangay within
the city or municipality and population project for a
10-year period;
(2) Illustration or map of the city/municipality,
indicating locations of residential, commercial, and
industrial centers, and agricultural area, as well as
dump, landfills and other solid waste facilities. The
illustration shall indicate as well, the proposed sites
for disposal and other solid waste facilities;
(3) Estimated solid waste generation and projection
by source, such as residential, market, commercial,
30
industrial, construction/ demolition, street
waste,agricultural, agro-industrial, institutional,
other waste; and
(4) Inventory of existing waste disposal and other
solid waste facilities and capacities.
(b) Waste characterization - For the initial source
reduction and recycling element of a local waste
management plan, the LGU waste characterization
component shall identify the constituent materials
which comprise the solid waste generated within
the jurisdiction of the LGU. The information shall be
representative of the solid waste generated and
disposed of within the area. The constituent
materials shall be identified by volume, percentage
in weight or its volumetric equivalent, material type,
and source of generation which includes
residential, commercial, industrial, governmental, or
other materials. Future revisions of waste
characterization studies shall identify the
constituent materials which comprise the solid
waste disposed of at permitted disposal facilities.
(c) Collection and Transfer - The plan shall take into
account the geographic subdivisions to define the
coverage of the solid waste collection area in every
barangay. The barangay shall be responsible for
ensuring that a 100% collection efficiency from
residential, commercial, industrial and agricultural
sources, where necessary within its area of
coverage, is achieved. Toward this end, the plan
shall define and identify the specific strategies and
activities to be undertaken by its component
barangays, taking into account the following
concerns:
(1) Availability and provision of properly designed
containers or receptacles in selected collection
points for the temporary storage of solid waste while
awaiting collection and transfer to processing sites
or to final disposal sites;
(2) Segregation of different types of solid waste for
re-use, recycling and composting;
(3) Hauling and transfer of solid waste from source
or collection points to processing sites or final
disposal sites;
(4) Issuance and enforcement of ordinances to
effectively implement a collection system in the
barangay; and
(5) Provision of properly trained officers and workers
to handle solid waste disposal.
The plan shall define and specify the methods and
systems for the transfer of solid waste from specific
collection points to solid waste management
facilities.
(d) Processing - The Plan shall define the methods
and the facilities required to process the solid waste,
including the use of intermediate treatment
facilities for composting, recycling, conversion and
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other waste processing systems. Other appropriate
waste processing technologies may also be
considered provided that such technologies
conform with internationally-acceptable and other
standards set in other standards set in other laws
and regulations.
(e) Source reduction - The source reduction
component shall include a program and
implementation schedule which shows the
methods by which the LGU will, in combination with
the recycling and composting components,
reduce a sufficient amount of solid waste disposed
of in accordance with the diversion requirements of
Sec. 20.
The source reduction component shall describe the
following:
(1) strategies in reducing the volume of solid waste
generated at source;
(2) measures for implementing such strategies and
the resources necessary to carry out such activities;
(3) other appropriate waste reduction technologies
that may also be considered, provided that such
technologies conform with the standards set
pursuant to this Act;
(4) the types of wastes to be reduced pursuant to
Sec. 15 of this Act;
(5) the methods that the LGU will use to determine
the categories of solid wastes to be diverted from
disposal at a disposal facility through re-use,
recycling and composting; and
(6) new facilities and expansion of existing facilities
which will be needed to implement re-use,
recycling and composting.
The LGU source reduction component shall include
the evaluation and identification of rate structures
and fees for the purpose of reducing the amount of
waste generated, an other source reduction
strategies, including but not limited to, programs
and economic incentives provided under Sec. 46 of
this Act to reduce the use of non-recyclable
materials, replace disposable materials and
products with reusable materials and products,
reduce packaging, and increase the efficiency of
the use of paper, cardboard, glass, metal, and
other materials. The waste reduction activities of the
community shall also take into account, among
others, local capability, economic viability,
technical requirements, social concerns' disposition
of residual waste and environmental impact:
Provided, That, projection of future facilities needed
and estimated cost shall be incorporated in the
plan.
(f) Recycling - The recycling component shall
include a program and implementation schedule
which shows the methods by which the LGU shall, in
combination with source reduction and
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composting components, reduce a sufficient
amount of solid waste disposed of in accordance
with the diversion requirements set in Sec .20.
The LGU recycling component shall describe the
following:
(1) The types of materials to be recycled under the
programs;
(2) The methods for determining the categories of
solid wastes to be diverted from disposal at a
disposal facility through recycling; and
(3) New facilities and expansion of existing facilities
needed to implement the recycling component.
The LGU recycling component shall described
methods for developing the markets for recycled
materials, including, but not limited to, an
evaluation of the feasibility of procurement
preferences for the purchase of recycled products.
Each LGU may determine and grant a price
preference to encourage the purchase of recycled
products.
The five-year strategy for collecting, processing,
marketing and selling the designated recyclable
materials shall take into account persons engaged
in the business of recycling or persons otherwise
providing recycling services before the effectivity of
this Act. Such strategy may be base upon the results
of the waste composition analysis performed
pursuant to this Section or information obtained in
the course of past collection of solid waste by the
local government unit, and may include
recommendations with respect to increasing the
number of materials designated for recycling
pursuant to this Act.
The LGU recycling component shall evaluate
industrial, commercial, residential, agricultural,
governmental and other curbside, mobile, drop-off
and buy-back recycling programs, manual and
automated materials recovery facilities, zoning,
building code changes and rate structures which
encourage recycling of materials. The Solid Waste
Management Plan shall indicate the specific
measures to be undertaken to meet the waste
diversion specified under Sec. 20 of this Act.
Recommended revisions to the building
ordinances, requiring newly-constructed buildings
and buildings undergoing specified alterations to
contain storage space, devices or mechanisms
that facilitate source separation and storage of
designated recyclable materials to enable the
local government unit to efficiently collect, process,
market and sell the designated materials. Such
recommendations shall include, but shall not be
limited to separate chutes to facilitate source
separation in multi-family dwellings, storage areas
that conform to fire and safety code regulations,
and specialized storage containers.
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The Solid Waste Management Plan shall indicate
the specific measures to be undertaken to meet the
recycling goals pursuant to the objectives of this
Act.
(g) Composting - The composting component shall
include a program and implementation schedule
which shows the methods by which the LGU shall, in
combination with the source reduction and
recycling components, reduce a sufficient amount
of solid waste disposed of within its jurisdiction to
comply with the diversion requirements of Sec. 20
hereof.
The LGU composting component shall describe the
following:
(1) The types of materials which will be composted
under the programs;
(2) The methods for determining the categories of
solid wastes to be diverted from disposal at a
disposal facility through composting; and
(3) New facilities, and expansion of existing facilities
needed to implement the composting component.
The LGU composting component shall describe
methods for developing the markets for composted
materials, including, but not limited to, an
evaluation of the feasibility of procurement
preferences for the purchase of composted
products. Each LGU may determine and grant a
price preference to encourage the purchase of
composted products.
(h) Solid waste facility capacity and final disposal -
The solid waste facility component shall include, but
shall not be limited to, a projection of the amount
of disposal capacity needed to accommodate the
solid waste generated, reduced by the following:
(1) Implementation of source reduction, recycling
and composting programs required in this Section
or through implementation of other waste diversion
activities pursuant to Sec. 20 of this Act;
(2) Any permitted disposal facility which will be
available during the 10-year planning period; and
(3) All disposal capacity which has been secured
through an agreement with another LGU, or
through an agreement with a solid waste
enterprise.
The plan shall identify existing and proposed
disposal sites and waste management facilities in
the city or municipality or in other areas. The plan
shall specify the strategies for the efficient disposal
of waste through existing disposal facilities and the
identification of prospective sites for future use. The
selection and development of disposal sites shall be
made on the basis of internationally accepted
standards and on the guidelines set in Sec. 41 and
42 of this Act.
32
Strategies shall be included to improve said existing
sites to reduce adverse impact on health and the
environment, and to extent life span and capacity.
The plan shall clearly define projections for future
disposal site requirements and the estimated cost
for these efforts.
Open dump sites shall not be allowed as final
disposal sites. If an open dump site is existing within
the city or municipality, the plan shall make
provisions for its closure or eventual phase out within
the period specified under the framework and
pursuant to the provisions under Sec. 37 of this Act.
As an alternative, sanitary landfill sites shall be
developed and operated as a final disposal site for
solid and, eventually, residual wastes of a
municipality or city or a cluster of municipality
and/or cities. Sanitary landfills shall be designed
and operated in accordance with the guidelines
set under Secs. 40 and 41 of this Act.
(i) Education and public information - The
education and public information component shall
describe how the LGU will educate and inform its
citizens about the source reduction, recycling and
composting programs.
The plan shall make provisions to ensure that
information on waste collection services, solid
waste management and related health and
environmental concerns are widely disseminated
among the public. This shall be undertaken through
the print and broadcast media and other
government agencies in the municipality. The DECS
and the Commission on Higher Education shall
ensure that waste management shall be
incorporated in the curriculum of primary,
secondary and college students.
(j) Special Waste - The special waste component
shall include existing waste handling and disposal
practices for special wastes or household
hazardous wastes, and the identification of current
and proposed programs to ensure the proper
handling, re-use, and long-term disposal of special
wastes;
(k) Resource requirement and funding - The funding
component includes identification and description
of project costs, revenues, and revenue sources the
LGU will use to implement all components of the
LGU solid waste management plan;
The plan shall likewise indicate specific projects,
activities, equipment and technological
requirements for which outside sourcing of funds or
materials may be necessary to carry out the
specific components of the plan. It shall define the
specific uses for its resource requirement s and
indicate its costs. The plan shall likewise indicate
how the province, city or municipality intends to
generate the funds for the acquisition of its resource
requirements. It shall also indicate if certain
resource requirements are being or will be sourced
from fees, grants, donations, local funding and
other means. This will serve as basis for the
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determination and assessment of incentives which
may be extended to the province, city or
municipality as provided for in Sec. 45 of this Act.
(l) Privatization of solid waste management projects
- The plan shall likewise indicate specific measures
to promote the participation of the private sector in
the management of solid wastes, particularly in the
generation and development of the essential
technologies for solid waste management. Specific
projects or component activities of the plan which
may be offered as private sector investment activity
shall be identified and promoted as such.
Appropriate incentives for private sector
involvement in solid waste management shall
likewise be established and provided for in the plan,
in consonance with Sec. 45 hereof and other
existing laws, policies and regulations; and
(m) Incentive programs - A program providing for
incentives, cash or otherwise, which shall
encourage the participation of concerned sectors
shall likewise be included in the plan.
Section 18. Owner and Operator - Responsibility for
compliance with the standards in this Act shall rest
with the owner and/or operator. If specifically
designated, the operator is considered to have
primary responsibility for compliance; however, this
does not relieve the owner of the duty to take all
reasonable steps to assure compliance with these
standards and any assigned conditions. When the
title to a disposal is transferred to another person,
the new owner shall be notified by the previous
owner of the existence of these standards and of
the conditions assigned to assure compliance.
Section 19. Waste characterization - The
Department in coordination with the LGUs, shall be
responsible for the establishment of the guidelines
for the accurate characterization of wastes
including determination of whether or not wastes
will be compatible with containment features and
other wastes, and whether or not wastes are
required to be managed as hazardous wastes
under R.A. 6969, otherwise known as the Toxic
Substance and Hazardous and Nuclear Wastes
Control Act.
Section 20. Establishing Mandatory Solid Waste
Diversion - Each LGU plan shall include an
implementation schedule which shows that within
five (5) years after the effectivity of this Act, the LGU
shall divert at least 25% of all solid waste from waste
disposal facilities through re-use, recycling and
composting activities and other resource recovery
activities; Provided, That the waste diversion goals
shall be increased every three (3) years thereafter;
Provided, further, That nothing in this Section
prohibits a local government unit from
implementing re-use, recycling, and composting
activities designed to exceed the goal.
Article 2
Segregation of Wastes
33
Section 21. Mandatory Segregation of Solid Wastes
- The LGUs shall evaluate alternative roles for the
public and private sectors in providing collection
services, type of collection system, or combination
of systems, that best meet their needs: Provided,
That segregation of wastes shall primarily be
conducted at the source, to include household,
institutional, industrial, commercial and agricultural
sources: Provided, further; That wastes shall be
segregated into the categories provided in Sec. 22
of this Act.
For premises containing six (6) or more residential
units, the local government unit shall promulgate
regulations requiring the owner or person in charge
of such premises to:
(a) provide for the residents a designated area and
containers in which to accumulate source
separated recyclable materials to be collected by
the municipality or private center; and
(b) notify the occupants of each buildings of the
requirements of this Act and the regulations
promulgated pursuant thereto.
Section 22. Requirements for the Segregation and
Storage of Solid Waste - The following shall be the
minimum standards and requirements for
segregation and storage of solid waste pending
collection:
(a) There shall be a separate container for each
type of waste from all sources: Provided, That in the
case of bulky waste, it will suffice that the same be
collected and placed in a separate designated
area; and
(b) The solid waste container depending on its use
shall be properly marked or identified for on-site
collection as "compostable", "non-recyclable",
"recyclable" or "special waste", or any other
classification as may be determined by the
Commission.
Article 3
Collection and Transport of Solid Wastes
Section 23. Requirements for Collection of Solid
Wastes - The following shall be the minimum
standards and requirements for the collection of
solid waste:
(a) All collectors and other personnel directly
dealing with collection of solid waste shall be
equipped with personal protective equipment to
protect them from the hazards of handling wastes;
(b) Necessary training shall be given to the
collectors and personnel to ensure that the solid
wastes are handled properly and in accordance
with the guidelines pursuant to this Act; and
(c) Collection of solid waste shall be done in a
manner which prevents damage to the container
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and spillage or scattering of solid waste within the
collection vicinity.
Section 24. Requirements for the Transport of Solid
Waste - The use of separate collection schedules
and/or separate trucks or haulers shall be required
for specific types of wastes. Otherwise, vehicles
used for the collection and transport of solid wastes
shall have the appropriate compartments to
facilitate efficient storing of sorted wastes while in
transit.
Vehicles shall be designed to consider road size,
condition and capacity to ensure the sage and
efficient collection and transport of solid wastes.
The waste compartment shall have a cover to
ensure the containment of solid wastes while in
transit.
For the purpose of identification, vehicles shall bear
the body number, the name, and the telephone
number of the contractor/agency collecting solid
waste.
Section 25. Guidelines for Transfer Stations - Transfer
stations shall be designed and operated for
efficient waste handling capacity and in
compliance with environmental standards and
guidelines set pursuant to this Act and other
regulations: Provided, That no waste shall be stored
in such station beyond twenty-four (24) hours.
The siting of the transfer station shall consider the
land use plan, proximity to collection area, and
accessibility of haul routes to disposal facility. The
design shall give primary consideration to size and
space sufficiency in order to accommodate the
waste for storage and vehicles for loading and
unloading of wastes.
Article 4
Recycling Program
Section 26. Inventory of Existing Markets for
Recyclable Materials - The DTI shall within six (6)
months from the effectivity of this Act and in
cooperation with the Department, the DILG and
other concerned agencies and sectors, publish a
study of existing markets for processing and
purchasing recyclable materials and the potential
steps necessary to expand these markets. Such
study shall include, but not be limited to, an
inventory of existing markets for recyclable
materials, product standards for recyclable and
recycled materials, and a proposal, developed in
conjunction with the appropriate agencies, to
stimulate the demand for the production of
products containing post consumer and recovered
materials.
Section 27. Requirement for Eco-Labeling - The DTI
shall formulate and implement a coding system for
packaging materials and products to facilitate
waste and recycling and re-use.
34
Section 28. Reclamation Programs and Buy-back
Centers for Recyclables and Toxics - The National
Ecology Center shall assist LGUs in establishing and
implementing deposit or reclamation programs in
coordination with manufacturers, recyclers and
generators to provide separate collection systems
or convenient drop-off locations for recyclable
materials and particularly for separated toxic
components of the waste stream like dry cell
batteries and tires to ensure that they are not
incinerated or disposed of in a landfill. Upon
effectivity of this Act, toxic materials present in the
waste stream should be separated at source,
collected separately and further screened and sent
to appropriate hazardous waste treatment and
disposal plants, consistent with the provisions of R.A.
No. 6969.
Section 29. Non-Environmentally Acceptable
Products - Within one (1) year from the effectivity of
this Act, the Commission shall, after public notice
and hearing, prepare a list of nonenvironmentally
acceptable products as defined in this Act that
shall be prohibited according to a schedule that
shall be prepared by the Commission: Provided,
however, That non-environmentally acceptable
products shall not be prohibited unless the
Commission first finds that there are alternatives
available which are available to consumers at no
more than ten percent (10%) greater cost than the
disposable product.
Notwithstanding any other provisions to the
contrary, this section shall not apply to:
(a) Packaging used at hospitals, nursing homes or
other medical facilities; and
(b) Any packaging which is not environmentally
acceptable, but for which there is no commercially
available alternatives as determined by the
Commission.
The Commission shall annually review and update
the list of prohibited non-environmentally
acceptable products.
Section 30. Prohibition on the Use of Non-
Environmentally Acceptable Packaging - No
person owning, operating or conducting a
commercial establishment in the country shall sell or
convey at retail or possess with the intent to sell or
convey at retail any products that are placed,
wrapped or packaged in or on packaging which is
not environmentally acceptable packaging:
Provided, That the Commission shall determine a
phaseout period after proper consultation and
hearing with the stakeholders or with the sectors
concerned. The presence in the commercial
establishment of non-environmentally acceptable
packaging shall constitute a rebuttable
presumption of intent to sell or convey the same at
retail to customers.
Any person who is a manufacturer, broker or
warehouse operator engaging in the distribution or
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
transportation of commercial products within the
country shall file a report with the concerned local
government within one (1) year from the effectivity
of this Act, and annually thereafter, a listing of any
products in packaging which is not environmentally
acceptable. The Commission shall prescribe the
form of such report in its regulations.
A violation of this Section shall be sufficient grounds
for the revocation, suspension, denial or non-
renewal of any license for the establishment in
which the violation occurs.
Section 31. Recycling Market Development - The
Commission together with the National Ecology
Center, the DTI and the Department of Finance shall
establish procedures, standards and strategies to
market recyclable materials and develop the local
market for recycle goods, including but not limited
to:
(a) measures providing economic incentives and
assistance including loans and grants for the
establishment of privately-owned facilities to
manufacture finished products from post-consumer
materials;
(b) guarantees by the national and local
governments to purchase a percentage of the
output of the facility; and
(c) maintaining a list of prospective buyers,
establishing contact with prospective buyers and
reviewing and making any necessary changes in
collecting or processing the materials to improve
their marketability.
In order to encourage establishments of new
facilities to produce goods from post-consumer and
recovered materials generated within local
government units, and to conserve energy by
reducing materials transportation, whenever
appropriate, each local government unit may
arranged for long-term contracts to purchase a
substantial share of the product output of a
proposed facility which will be based in the
jurisdiction of the local government unit if such
facility will manufacture such finished products form
post-consumer and recovered materials.
Section 32. Establishment of LGU Materials Recovery
Facility. - There shall be established a Materials
Recovery Facility (MRF) in every barangay or cluster
of barangays. The facility shall be established in a
barangay-owned or -leased land or any suitable
open space to be determined by the barangay
through its Sanggunian. For this purpose, the
barangay or cluster of barangays shall allocate a
certain parcel of land for the MRF. The MRF shall
receive mixed waste for final sorting, segregation,
composting, and recycling. The resulting residual
wastes shall be transferred to a long term storage or
disposal facility or sanitary landfill.
Section 33. Guidelines for Establishment of Materials
Recovery Facility - Materials recovery facilities shall
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be designed to receive, sort, process and store
compostable and recyclable material efficiently
and in an environmentally sound manner. The
facility shall address the following considerations:
(a) The building and/or land layout and equipment
must be designed to accommodate efficient and
safe materials processing, movement, and storage;
and
(b) The building must be designed to allow efficient
and safe external access and to accommodate
internal flow.
Article 5
Composting
Section 34. Inventory of Markets of Composts -
Within six (6) months after the effectivity of this Act,
the DA shall publish an inventory of existing markets
and demands for composts. Said inventory shall
thereafter be updated and published annually:
Provided, That the composting of agricultural
wastes and other compostable materials, including
but not limited to garden wastes, shall be
encouraged.
Section 35. Guidelines for Compost Quality -
Compost products intended to be distributed
commercially shall conform with the standards for
organic fertilizers set by the DA. The DA shall assist
the compost producers to ensure that the compost
products conform to such standards.
Article 6
Waste Management Facilities
Section 36. Inventory of Waste Disposal Facilities -
Within six (6) months from the effectivity of this Act,
the Department, in cooperation with the DOH, DILG
and other concerned agencies, shall publish an
inventory of all solid waste disposal facilities or sites
in the country.
Section 37. Prohibition Against the Use of Open
Dumps for Solid Waste - No open dumps shall be
established and operated, nor any practice or
disposal of solid waste by any person, including
LGUs, which constitutes the use of open dumps for
solid wastes, be allowed after the effectivity of this
Acts: Provided, That within three (3) years after the
effectivity of this Act, every LGU shall convert its
open dumps into controlled dumps, in accordance
with the guidelines set in Sec. 41 of this Act:
Provided, further, That no controlled dumps shall be
allowed five (5) years following the effectivity of this
Act.
Section 38. Permit for Solid Waste Management
Facility Construction and Expansion - No person
shall commence operation, including site
preparation and construction of a new solid waste
management facility or the expansion of an existing
facility until said person obtains an Environment
Compliance Certificate (ECC) from the
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Department pursuant to P.D. 1586 and other permits
and clearances form concerned agencies.
Section 39. Guidelines for Controlled Dumps - The
following shall be the minimum considerations for
the establishments of controlled dumps:
(a) Regular inert cover;
(b) Surface water and peripheral site drainage
control;
(c) Provision for aerobic and anaerobic
decomposition;
(d) Restriction of waste deposition to small working
areas;
(e) Fence, including provisions for litter control;
(f) Basic record-keeping;
(g) Provision of maintained access road;
(h) Controlled waste picking and trading;
(i) Post-closure site cover and vegetation; and
(j) Hydro geological siting.
Section 40. Criteria for Siting a Sanitary Landfill - The
following shall be the minimum criteria for the siting
of sanitary landfills:
(a) The site selected must be consistent with the
overall land use plan of the LGU;
(b) The site must be accessible from major
roadways or thoroughfares;
(c) The site should have an adequate quantity of
earth cover material that is easily handled and
compacted;
(d) The site must be chosen with regard for the
sensitivities of the community's residents;
(e) The site must be located in an area where the
landfill's operation will not detrimentally affect
environmentally sensitive resources such as aquifer,
groundwater reservoir or watershed area;
(f) The site should be large enough to
accommodate the community's wastes for a
period of five (5) years during which people must
internalize the value of environmentally sound and
sustainable solid waste disposal;
(g) The site chosen should facilitate developing a
landfill that will satisfy budgetary constraints,
including site development, operation for many
years, closure, post-closure care and possible
remediation costs;
36
(h) Operating plans must include provisions for
coordinating with recycling and resource recovery
projects; and
(i) Designation of a separate containment area for
household hazardous wastes.
Section 41. Criteria for Establishment of Sanitary
Landfill - The following shall be the minimum criteria
for the establishment of sanitary landfills:
(a) Liners - a system of clay layers and/or
geosynthethic membranes used to contain
leachate and reduce or prevent contaminant flow
to groundwater;
(b) Leachate collection and treatment system -
installation of pipes at the low areas of the liner to
collect leachate for storage and eventual
treatment and discharge;
(c) Gas control and recovery system - a series of
vertical wells or horizontal trenches containing
permeable materials and perforated piping placed
in the landfill to collect gas for treatment or
productive use as an energy source;
(d) Groundwater monitoring well system - wells
placed at an appropriate location and depth for
taking water that are representative of ground
water quality;
(e) Cover - two (2) forms of cover consisting of soil
and geosynthetic materials to protect the waste
from long-term contact with the environment:
(i) a daily cover placed over the waste at the close
of each day's operations, and;
(ii) a final cover, or cap, which is the material
placed over the completed landfill to control
infiltration of water, gas emission to the atmosphere,
and erosion.
(f) Closure procedure with the objectives of
establishing low maintenance cover systems and
final cover that minimizes the infiltration of
precipitation into the waste. Installation of the final
cover must be completed within six (6) months of
the last receipt of waste;
(g) Post-closure care procedure - During this period,
the landfill owner shall be responsible for providing
for the general upkeep of the landfill, maintaining
all of the landfill's environmental protection
features, operating monitoring equipment,
remediating groundwater should it become
contaminated and controlling landfill gas migration
or emission.
Section 42. Operating Criteria for Sanitary Landfills -
In the operation of a sanitary land fill, each site
operator shall maintain the following minimum
operating equipments:
(a) Disposal site records of, but not limited to:
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(1) Records of weights or volumes accepted in a
form and manner approved by the Department.
Such records shall be submitted to the Department
upon request, accurate to within ten percent (10%)
and adequate for overall planning purposes and
forecasting the rate of site filling;
(2) Records of excavations which may affect the
safe and proper operation of the site or cause
damage to adjoining properties;
(3) Daily log book or file of the following information:
fires, landslides, earthquake damage, unusual and
sudden settlement, injury and property damage,
accidents, explosions, receipts or rejection of
unpermitted wastes, flooding and other unusual
occurrences;
(4) Record of personnel training; and
(5) Copy of written notification to the Department,
local health agency, and fire authority of names,
addresses and telephone numbers of the operator
or responsible party of the site;
(b) Water quality monitoring of surface and ground
waters and effluent, and gas emissions;
(c) Documentation of approvals, determinations
and other requirements by the Department;
(d) Signs:
(1) Each point of access from a public road shall be
posted with an easily visible sigh indicating the
facility name and other pertinent information as
required by the Department;
(2) If the site is open to the public, there shall be an
easily visible sign at the primary entrance of the site
indicating the name of the site operator, the
operator's telephone number, and hours of
operation; an easily visible sign at an appropriate
point shall indicate the schedule of changes and
the general types of materials which will either be
accepted or not;
(3) If the site is open to the public, there shall be an
easily visible road sign and/or traffic control
measures which direct traffic to the active face and
other areas where wastes or recyclable materials
will be deposited; and
(4) Additional signs and/or measures may be
required at a disposal site by the Department to
protect personnel and public health and safety;
(e) Monitoring of quality of surface, ground and
effluent waters, and gas emissions;
(f) The site shall be designed to discourage
unauthorized access by persons and vehicles by
using a perimeter barrier or topographic
constraints. Areas within the site where open
storage, or pounding of hazardous materials occurs
37
shall be separately fenced or otherwise secured as
determined by the Department. The Department
may also require that other areas of the site be
fenced to create an appropriate level of security;
(g) Roads within the permitted facility boundary
shall be designed to minimize the generation of dust
and the tracking of material onto adjacent public
roads. Such roads shall be kept in safe condition
and maintained such that vehicle access and
unloading can be conducted during inclement
weather;
(h) Sanitary facilities consisting of adequate number
of toilets and handwashing facilities, shall be
available to personnel at or in the immediate
vicinity of the site;
(i) Safe and adequate drinking water supply for the
site personnel shall be available;
(j) The site shall have communication facilities
available to site personnel to allow quick response
to emergencies;
(k) Where operations are conducted during hours
of darkness, the site and/or equipment shall be
equipped with adequate lighting as approved by
the Department to ensure safety and to monitor the
effectiveness of operations;
(l) Operating and maintenance personnel shall
wear and use appropriate safety equipment as
required by the Department;
(m) Personnel assigned to operate the site shall be
adequately trained in subject pertinent to the site
operation and maintenance, hazardous materials
recognition and screening, and heavy equipment
operations, with emphasis on safety, health,
environmental controls and emergency
procedures. A record of such training shall be
placed in the operating record;
(n) The site operator shall provide adequate
supervision of a sufficient number of qualified
personnel to ensure proper operation of the site in
compliance with all applicable laws, regulations,
permit conditions and other requirements. The
operator shall notify the Department and local
health agency in writing of the names, addresses,
and telephone number of the operator or
responsible party. A copy of the written notification
shall be placed in the operation record;
(o) Any disposal site open to the public shall have
an attendant present during public operating hours
or the site shall be inspected by the operator on a
regularly scheduled basis, as determined by the
Department;
(p) Unloading of solid wastes shall be confined to a
small area as possible to accommodate the
number of vehicles using the area without resulting
in traffic, personnel, or public safety hazards. Waste
materials shall normally be deposited at the toe of
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the fill, or as otherwise approved by the
Department;
(q) Solid waste shall be spread and compacted in
layers with repeated passages of the landfill
equipment to minimize voids within the cell and
maximize compaction. The loose layer shall not
exceed a depth approximately two feet before
compaction. Spreading and compacting shall be
accomplished as rapidly as practicable, unless
otherwise approved by the Department;
(r) Covered surfaces of the disposal area shall be
graded to promote lateral runoff of precipitation
and to prevent pounding. Grades shall be
established of sufficient slopes to account for future
settlement of the fill surface. Other effective
maintenance methods may be allowed by the
Department; and
(s) Cover material or native material unsuitable for
cover, stockpiled on the site for use or removal, shall
be placed so as not to cause problems or interfere
with unloading, spreading, compacting, access,
safety drainage, or other operations.
Article 7
Local Government Solid Waste Management
Section 43. Guidelines for Identification of Common
Solid Waste Management Problems - For purposes
of encouraging and facilitating the development
of local government plans for solid waste
management, the Commission shall, as soon as
practicable but not later than six (6) months from
the effectivity of this Act, publish guidelines for the
identification of those areas which have common
solid waste management problems and are
appropriate units for clustered solid waste
management services. The guidelines shall be
based on the following:
(a) the size and location of areas which should be
included;
(b) the volume of solid waste which would be
generated;
(c) the available means of coordinating local
government planning between and among the
LGUs and for the integration of such with the
national plan; and
(d) possible lifespan of the disposal facilities.
Section 44. Establishment of Common Waste
Treatment and Disposal Facilities - Pursuant to Sec.
33 of R.A.7160, otherwise known as the Local
Government Code, all provinces, cities,
municipalities and barangays, through appropriate
ordinances, are hereby mandated to consolidate,
or coordinate their efforts, services, and resources
for purposes of jointly addressing common solid
waste management problems and/or establishing
common waste disposal facilities.
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The Department, the Commission and local solid
waste management boards shall provide technical
and marketing assistance to the LGUs.
CHAPTER IV
INCENTIVES
Section 45. Incentives. -
(a) Rewards, monetary or otherwise, shall be
provided to individuals, private organizations and
entitles, including non-government organizations,
that have undertaken outstanding and innovative
projects, technologies, processes and techniques
or activities in re-use, recycling and reduction. Said
rewards shall be sourced from the Fund herein
created.
(b) An incentive scheme is hereby provided for the
purpose of encouraging LGUs, enterprises, or
private entities, including NGOs, to develop or
undertake an effective solid waste management,
or actively participate in any program geared
towards the promotion thereof as provided for in
this Act.
(1) Fiscal Incentives. - Consistent with the provisions
of E.O. 226, otherwise known as the Omnibus
Investments Code, the following tax incentives shall
be granted:
(a) Tax and Duty Exemption on Imported Capital
Equipment and Vehicles - Within ten (10) years upon
effectively of this Act, LGUs, enterprises or private
entities shall enjoy tax and duty free importation of
machinery, equipment, vehicles and spare parts
used for collection, transportation, segregation,
recycling, re-use and composing of solid wastes:
Provided, That the importation of such machinery,
equipment, vehicle and spare parts shall comply
with the following conditions:
(i) They are not manufactured domestically in
sufficient quantity, of comparable quality and at
reasonable prices;
(ii) They are reasonably needed and will be used
actually, directly and exclusively for the above
mentioned activities;
(iii) The approval of the Board of Investment (BOI) of
the DTI for the importation of such machinery,
equipment, vehicle and spare parts.
Provided, further, That the sale, transfer or
disposition of such machinery, equipment, vehicle
and spare parts, without prior approval of the (BOI),
within five (5) years from the date of acquisition shall
be prohibited, otherwise, the LGU concerned,
enterprise or private entities and the vendee,
transferee, or assignee shall be solidarily liable to
pay twice the amount of tax and duty exemption
given it.
(b) Tax Credit on Domestic Equipment - Within ten
(10) years from the effectivity of this Act, a tax credit
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
equivalent to 50% of the value of the national
internal revenue taxes and customs duties that
would have been waived on the machinery,
equipment, vehicle and spare parts, had these
items been imported shall be given to enterprises,
private entities, including NGOs, subject to the
same conditions and prohibition cited in the
preceding paragraph.
(c) Tax and Duty Exemption of Donations, Legacies
and Gift - All legacies, gifts and donations to LGUs,
enterprises or private entities, including NGOs, for
the support and maintenance of the program for
effective solid waste management shall be exempt
from all internal revenue taxes and customs duties,
and shall be deductible in full from the gross income
of the donor for income tax purposes.
(2) Non-Fiscal Incentives. - LGUs, enterprises or
private entities availing of tax incentives under this
Act shall also be entitled to applicable non-fiscal
incentives provided for under E.O. 226, otherwise
known as the Omnibus Investments Code.
The Commission shall provide incentives to
businesses and industries that are engaged in the
recycling of wastes and which are registered with
the Commission and have been issued ECCs in
accordance with the guidelines established by the
Commission. Such incentives shall include simplified
procedures for the importation of equipment, spare
parts, new materials, and supplies, and for the
export of processed products.
(3) Financial Assistance Program. - Government
financial institutions such as the Development Bank
of the Philippines (DBP), Landbank of the Philippines
(LBP), Government Service Insurance System (GSIS),
and such other government institutions providing
financial services shall, in accordance with and to
the extent allowed by the enabling provisions of
their respective charters or applicable laws, accord
high priority to extend financial services to
individuals, enterprises, or private entities engaged
in solid waste management.
(4) Extension of Grants to LGUs. - Provinces, cities
and municipalities whose solid waste management
plans have been duly approved by the Commission
or who have been commended by the Commission
for adopting innovative solid waste management
programs may be entitled to receive grants for the
purpose of developing their technical capacities
toward actively participating in the program for
effectively and sustainable solid waste
management.
(5) Incentives to Host LGUs. - Local government units
who host common waste management facilities
shall be entitled to incentives.
CHAPTER V
FINANCING SOLID WASTE MANAGEMENT
Section 46. Solid Waste Management Fund - There
is hereby created, as a special account in the
39
National Treasury, a Solid Waste Management Fund
to be administered by the Commission. Such fund
shall be sourced from the following:
(a) Fines and penalties imposed, proceeds of
permits and licenses issued by the Department
under this Act, donations, endowments, grants and
contributions from domestic and foreign sources;
and
(b) Amounts specifically appropriated for the Fund
under the annual General Appropriations Act;
The Fund shall be used to finance the following:
(1) products, facilities, technologies and processes
to enhance proper solid waste management;
(2) awards and incentives;
(3) research programs;
(4) information, education, communication and
monitoring activities;
(5) technical assistance; and
(6) capability building activities.
LGUs are entitled to avail of the Fund on the basis of
their approved solid waste management plan.
Specific criteria for the availment of the Fund shall
be prepared by the Commission.
The fines collected under Sec. 49 shall be allocated
to the LGU where the fined prohibited acts are
committed in order to finance the solid waste
management of said LGU. Such allocation shall be
based on a sharing scheme between the Fund and
the LGU concerned.
In no case, however, shall the Fund be used for the
creation of positions or payment of salaries and
wages.
Section 47. Authority to Collect Solid Waste
Management Fees - The local government unit shall
impose fees in amounts sufficient to pay the costs of
preparing, adopting, and implementing a solid
waste management plan prepared pursuant to this
Act. The fees shall be based on the following
minimum factors:
(a) types of solid waste;
(b) amount/volume of waste; and
(c) distance of the transfer station to the waste
management facility.
The fees shall be used to pay the actual costs
incurred by the LGU in collecting the local fees. In
determining the amounts of the fees, an LGU shall
include only those costs directly related to the
adoption and implementation of the plan and the
setting and collection of the local fees.
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CHAPTER VI
PENAL PROVISIONS
Section 48. Prohibited Acts - The following acts are
prohibited:
(1) Littering, throwing, dumping of waste matters in
public places, such as roads, sidewalks, canals,
esteros or parks, and establishment, or causing or
permitting the same;
(2) Undertaking activities or operating, collecting or
transporting equipment in violation of sanitation
operation and other requirements or permits set
forth in established pursuant;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-
segregated or unsorted wastes;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or
non-biodegradable materials in flood prone areas;
(7) Unauthorized removal of recyclable material
intended for collection by authorized persons;
(8) The mixing of source-separated recyclable
material with other solid waste in any vehicle, box,
container or receptacle used in solid waste
collection or disposal;
(9) Establishment or operation of open dumps as
enjoined in this Act, or closure of said dumps in
violation of Sec. 37;
(10) The manufacture, distribution or use of non-
environmentally acceptable packaging materials;
(11) Importation of consumer products packaged
in non-environmentally acceptable materials;
(12) Importation of toxic wastes misrepresented as
"recyclable" or "with recyclable content";
(13) Transport and dumplog in bulk of collected
domestic, industrial, commercial, and institutional
wastes in areas other than centers or facilities
prescribe under this Act;
(14) Site preparation, construction, expansion or
operation of waste management facilities without
an Environmental Compliance Certificate required
pursuant to Presidential Decree No. 1586 and this
Act and not conforming with the land use plan of
the LGU;
(15) The construction of any establishment within
two hundred (200) meters from open dumps or
controlled dumps, or sanitary landfill; and
(16) The construction or operation of landfills or any
waste disposal facility on any aquifer, groundwater
40
reservoir, or watershed area and or any portions
thereof.
Section 49. Fines and Penalties -
(a) Any person who violates Sec. 48 paragraph (1)
shall, upon conviction, be punished with a fine of
not less than Three hundred pesos (P300.00) but not
more than One thousand pesos (P1,000.00) or
render community service for not less than one (1)
day to not more than fifteen (15) days to an LGU
where such prohibited acts are committed, or both;
(b) Any person who violates Sec. 48, pars. (2) and
(3), shall, upon conviction be punished with a fine
of not less than Three hundred pesos (P300.00) but
not more than One thousand pesos (P1,000.00) or
imprisonment of not less than one (1) day but to not
more than fifteen (15) days, or both;
(c) Any person who violates Sec. 48, pars. (4), (5), (6)
and (7) shall, upon conviction, be punished with a
fine of not less than One thousand pesos (P1,000.00)
but not more than Three thousand pesos (P3,000.00)
or imprisonment of not less than fifteen (15) day but
to not more than six (6) months, or both;
(d) Any person who violates Sec. 48, pars (8), (9),
(10) and (11) for the first time shall, upon conviction,
pay a fine of Five hundred thousand pesos
(P500,000.00) plus and amount not less than five
percent (5%) but not more than ten percent (10%)
of his net annual income during the previous year.
The additional penalty of imprisonment of a
minimum period of one (1) year but not to exceed
three (3) years at the discretion of the court, shall be
imposed for second or subsequent violations of Sec.
48, pars. (9) and (10).
(e) Any person who violates Sec. 48, pars. (12) and
(13) shall, upon conviction, be punished with a fine
not less than Ten thousand pesos (P10,000.00) but
not more than Two hundred thousand pesos
(P200,000.00) or imprisonment of not less than thirty
(30) days but not more than three (3) years, or both;
(f) Any person who violates Sec. 48, pars. (14), (15)
and (16) shall, upon conviction, be punished with a
fine not less than One hundred thousand pesos
(P100,000.00) but not more than One million pesos
(P1,000,000.00), or imprisonment not less than one
(1) year but not more than six (6) years, or both.
If the offense is committed by a corporation,
partnership, or other juridical identity duly
recognized in accordance with the law, the chief
executive officer, president, general manager,
managing partner or such other officer-in-charge
shall be liable for the commission of the offense
penalized under this Act.
If the offender is an alien, he shall, after service of
the sentence prescribed above, be deported
without further administrative proceedings.
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
The fines herein prescribed shall be increased by at
lest ten (10%) percent every three (3) years to
compensate for inflation and to maintain the
deterrent functions of such fines.
Section 50. Administrative Sanctions - Local
government officials and officials of government
agencies concerned who fail to comply with and
enforce rules and regulations promulgated relative
to this Act shall be charged administratively in
accordance with R.A. 7160 and other existing laws,
rules and regulations
CHAPTER VII
MISCELLANEOUS PROVISIONS
Section 51. Mandatory Public Hearings - Mandatory
public hearings for national framework and local
government solid waste management plans shall
be undertaken by the Commission and the
respective Boards in accordance with process to
be formulated in the implementing rules and
regulations.
Section 52. Citizens Suits - For the purposes of
enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may
file an appropriate civil, criminal or administrative
action in the proper courts/bodies against:
(a) Any person who violates or fails to comply with
the provisions of this Act its implementing rules and
regulations; or
(b) The Department or other implementing
agencies with respect to orders, rules and
regulations issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects
the performance of an act specifically enjoined as
a duty by this Act or its implementing rules and
regulations; or abuses his authority in the
performance of his duty; or, in any many improperly
performs his duties under this Act or its implementing
rules and regulations; Provided, however, That no
suit can be filed until after thirty-day (30) notice has
been given to the public officer and the alleged
violator concerned and no appropriate action has
been taken thereon.
The Court shall exempt such action from the
payment of filing fees and statements likewise,
upon prima facie showing of the non-enforcement
or violation complained of, exempt the plaintiff
from the filing of an injunction bond for the issuance
of preliminary injunction.
In the event that the citizen should prevail, the
Court shall award reasonable attorney's fees, moral
damages and litigation costs as appropriate.
Section 53. Suits and Strategic Legal Action Against
Public Participation (SLAPP) and the Enforcement of
this Act - Where a suit is brought against a person
who filed an action as provided in Sec. 52 of this
Act, or against any person, institution or
41
government agency that implements this Act, it
shall be the duty of the investigating prosecutor or
the Court, as the case may be, to immediately
make a determination not exceeding thirty (30)
days whether said legal action has been filed to
harass, vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing
the provisions of this Act. Upon determination
thereof, evidence warranting the same, the Court
shall dismiss the complaint and award the attorney's
fees and double damages.
This provision shall also apply and benefit public
officers who are sued for acts committed in their
official capacity, there being no grave abuse of
authority, and done in the course of enforcing this
Act.
Section 54. Research on Solid Waste Management
- The Department after consultations with the
cooperating agencies, shall encourage,
cooperate with, and render financial and other
assistance to appropriate government agencies
and private agencies, institutions and individuals in
the conduct and promotion researches,
experiments, and other studies on solid waste
management, particularly those relating to:
> conservation and recovery, segregation at source,
(a) adverse health effects of the release into the
environment of materials present in solid wastes,
and methods to eliminate said effects;
(b) the operation and financing of solid waste
disposal programs;
(c) the planning, implementing and operation of
resource recovery and resource conservation
systems;
(d) the production of usable forms of recovered
resources, including fuel from solid waste;
(e) the development and application of new and
improved methods of collecting and disposing of
solid waste and processing and recovering
materials and energy from solid waste;
(f) improvements in land disposal practices for solid
waste (including sludge); and
(g) development of new uses of recovered
resources and identification of existing or potential
markets of recovered resources.
In carrying out solid waste researches and studies,
the Secretary of the Department or the authorized
representative may make grants or enter into
contracts with government agencies,
nongovernment organizations and private persons.
Section 55. Public Education and Information - The
Commission shall, in coordination with DECS, TESDA,
CHED, DILG and PIA, conduct a continuing
education and information campaign on solid
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waste management, such education and
information program shall:
(a) Aim to develop public awareness of the ill-
effects of and the community based solutions to the
solid waste problem;
(b) Concentrate on activities which are feasible
and which will have the greatest impact on the
solid waste problem of the country, like resource
conservation and recovery, recycling, segregation
at source, re-use, reduction, and composing of solid
waste; and
(c) Encourage the general public, accredited
NGOs and people's organizations to publicity
endorse and patronize environmentally
acceptable products and packaging materials.
Section 56. Environmental Education in the Formal
and Nonformal Sectors - The national government,
through the DECS and in coordination with
concerned government agencies, NGOs and
private institutions, shall strengthen the integration
of environmental concerns in school curricula at all
levels, with particular emphasis on the theory and
practice of waste management principles like
waste minimization, specifically resource
reduction, recycling, re-use,and composing, in
order to promote environmental awareness and
action among the citizenry.
Section 57. Business and Industry Role - The
Commission shall encourage commercial and
industrial establishments, through appropriate
incentives other than tax incentives to initiate,
participate and invest in integrated ecological solid
waste management projects to manufacture
environment-friendly products, to introduce
develop and adopt innovative processes that shall
recycle and re-use materials, conserve raw
materials and energy, reduce waste, and prevent
pollution and to undertake community activities to
promote and propagate effective solid waste
management practices.
Section 58. Appropriations - For the initial operating
expenses of the Commission and the National
Ecology Center as well as the expensed of the local
government units to carry out the mandate of this
Act, the amount of Twenty million pesos
(P20,000,000.00) is hereby appropriated from the
Organizational Adjustment Fund on the year this
Act is approved. Thereafter, it shall submit to the
Department of Budget and Management its
proposed budget for inclusion in the General
Appropriations Act.
Section 59. Implementing Rules and Regulations
(IRR) - The Department, in coordination with the
Committees on Environment and Ecology of the
Senate and House of Representative, respectively,
the representatives of the Leagues of Provinces,
Cities, Municipalities and Barangay Councils, the
MMDA and other concerned agencies, shall
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promulgate the implementing rules and regulations
of this Act, within one (1) year after its enactment:
Provided, That rules and regulations issued by other
government agencies and instrumentalities for the
prevention and/or abatement of the solid waste
management problem not inconsistent with this Act
shall supplement the rules and regulations issued by
the Department, pursuant to the provisions of this
Act.
The draft of the IRR shall be published and be the
subject of public consultation with affected sectors.
It shall be submitted to the Committee on
Environment Ecology of the Senate and House of
Representatives, respectively, for review before
approved by the Secretary.
Section 60. Joint Congressional Oversight
Committee - There is hereby created a Joint
Congressional Oversight Committee to monitor the
implementation of the Act and to oversee the
functions of the Commission. The Committee shall
be composed of five (5) Senators and five (5)
Representatives to be appointed by the Senate
President and Speaker of the House of
Representatives, respectively. The Oversight
Committee shall be co-chaired by a Senator and a
Representative designated by the Senate President
and the Speaker of the House of Representatives,
respectively.
Section 61. Abolition of the Presidential Task Force
On Waste Management and the Project
Management Office on Solid Waste Management
- The Presidential Task Force on Waste Management
which was created by virtue of Memorandum
Circular No. 39 dated November 2, 1987, as
amended by Memorandum Circular No. 39A and
88 is hereby abolished.
Further, pursuant to Administrative Order No. 90
dated October 19, 1992, the Project Management
Office on Solid Waste Management is likewise
hereby abolished. Consequently their powers and
functions shall be absorbed by the Commission
pursuant to the provisions of this Act.
Section 62. Transitory Provision - Pending the
establishment of the framework under Sec. 15
hereof, plans under Sec. 16 and promulgation of
the IRR under Sec. 59 of this Act, existing laws,
regulations, programs and projects on solid waste
management shall
be enforced: Provided, That for specific
undertaking, the same may be revised in the interim
in accordance with the intentions of this Act.
Section 63. Report to Congress - The Commission
shall report to Congress not later than March 30 of
every year following the approval of this Act, giving
a detailed account of its accomplishments and
progress on solid waste management during the
year and make the necessary recommendations in
areas where there is need for legislative action.
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Section 64. Separability Clause - If any provision of
this Act or the application of such provision to any
person or circumstances is declared
unconstitutional, the remainder of the Act or the
application of such provision to other persons or
circumstances shall not be affected by such
declaration.
Section 65. Repealing Clause - All laws, decrees,
issuances, rules and regulations or parts thereof
inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
Section 66. Effectivity - This Act shall take effect
fifteen (15) days after its publication in at least two
(2) newspapers of general circulation.
RULES OF PROCEDURE
FOR ENVIRONMENTAL
CASES
PART I
RULE 1
GENERAL PROVISIONS
Section 1. Title. — These Rules shall be known as "The
Rules of Procedure for Environmental Cases."
Section 2. Scope. — These Rules shall govern the
procedure in civil, criminal and special civil actions
before the Regional Trial Courts, Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts involving
enforcement or violations of environmental and
other related laws, rules and regulations such as but
not limited to the following:
(a) Act No. 3572, Prohibition Against Cutting of
Tindalo, Akli, and Molave Trees;
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
(e) P.D. No. 1067, Water Code;
(f) P.D. No. 1151, Philippine Environmental Policy of
1977;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental
Impact Statement System Including Other
Environmental Management Related Measures
and for Other Purposes;
(i) R.A. No. 3571, Prohibition Against the Cutting,
Destroying or Injuring of Planted or Growing Trees,
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Flowering Plants and Shrubs or Plants of Scenic
Value along Public Roads, in Plazas, Parks, School
Premises or in any Other Public Ground;
(j) R.A. No. 4850, Laguna Lake Development
Authority Act;
(k) R.A. No. 6969, Toxic Substances and Hazardous
Waste Act;
(l) R.A. No. 7076, People’s Small-Scale Mining Act;
(m) R.A. No. 7586, National Integrated Protected
Areas System Act including all laws, decrees, orders,
proclamations and issuances establishing
protected areas;
(n) R.A. No. 7611, Strategic Environmental Plan for
Palawan Act;
(o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(q) R.A. No. 8550, Philippine Fisheries Code;
(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste
Management Act;
(t) R.A. No. 9072, National Caves and Cave
Resource Management Act;
(u) R.A. No. 9147, Wildlife Conservation and
Protection Act;
(v) R.A. No. 9175, Chainsaw Act;
(w) R.A. No. 9275, Clean Water Act;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007;
and
(y) Provisions in C.A. No. 141, The Public Land Act;
R.A. No. 6657, Comprehensive Agrarian Reform Law
of 1988; R.A. No. 7160, Local Government Code of
1991; R.A. No. 7161, Tax Laws Incorporated in the
Revised Forestry Code and Other Environmental
Laws (Amending the NIRC); R.A. No. 7308, Seed
Industry Development Act of 1992; R.A. No. 7900,
High-Value Crops Development
Rules of Procedure for Environmental Cases Act;
R.A. No. 8048, Coconut Preservation Act; R.A. No.
8435, Agriculture and Fisheries Modernization Act of
1997; R.A. No. 9522, The Philippine Archipelagic
Baselines Law; R.A. No. 9593, Renewable Energy Act
of 2008; R.A. No. 9637, Philippine Biofuels Act; and
other existing laws that relate to the conservation,
development, preservation, protection and
utilization of the environment and natural resources.
Section 3. Objectives. - The objectives of these Rules
are:
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
(a) To protect and advance the constitutional right
of the people to a balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive
procedure for the enforcement of environmental
rights and duties recognized under the Constitution,
existing laws, rules and regulations, and
international agreements;
(c) To introduce and adopt innovations and best
practices ensuring the effective enforcement of
remedies and redress for violation of environmental
laws; and
(d) To enable the courts to monitor and exact
compliance with orders and judgments in
environmental cases.
Section 4. Definition of Terms. -
(a) By-product or derivatives means any part taken
or substance extracted from wildlife, in raw or in
processed form including stuffed animals and
herbarium specimens. 1avvphi1
(b) Consent decree refers to a judicially-approved
settlement between concerned parties based on
public interest and public policy to protect and
preserve the environment.
(c) Continuing mandamus is a writ issued by a court
in an environmental case directing any agency or
instrumentality of the government or officer thereof
to perform an act or series of acts decreed by final
judgment which shall remain effective until
judgment is fully satisfied.
(d) Environmental protection order (EPO) refers to
an order issued by the court directing or enjoining
any person or government agency to perform or
desist from performing an act in order to protect,
preserve or rehabilitate the environment.
(e) Mineral 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.
(f) Precautionary principle states that when human
activities may lead to threats of serious and
irreversible damage to the environment that is
scientifically plausible but uncertain, actions shall
be taken to avoid or diminish that threat.
(g) Strategic lawsuit against public participation
(SLAPP) refers to an action whether civil, criminal or
administrative, brought against any person,
institution or any government agency or local
government unit or its officials and employees, with
the intent to harass, vex, exert undue pressure or
stifle any legal recourse that such person, institution
or government agency has taken or may take in
the enforcement of environmental laws, protection
of the environment or assertion of environmental
rights.
44

(h) 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.
PART II
CIVIL PROCEDURE
RULE 2
PLEADINGS AND PARTIES
Section 1. Pleadings and motions allowed. — The
pleadings and motions that may be filed are
complaint, answer which may include compulsory
counterclaim and cross-claim, motion for
intervention, motion for discovery and motion for
reconsideration of the judgment.
Motion for postponement, motion for new trial and
petition for relief from judgment shall be allowed in
highly meritorious cases or to prevent a manifest
miscarriage of justice.
Section 2. Prohibited pleadings or motions. — The
following pleadings or motions shall not be allowed:
(a) Motion to dismiss the complaint;
(b) Motion for a bill of particulars;
(c) Motion for extension of time to file pleadings,
except to file answer, the extension not to exceed
fifteen (15) days;
(d) Motion to declare the defendant in default;
(e) Reply and rejoinder; and
(f) Third party complaint.
Section 3. Verified complaint. — The verified
complaint shall contain the names of the parties,
their addresses, the cause of action and the reliefs
prayed for.
The plaintiff shall attach to the verified complaint all
evidence proving or supporting the cause of action
consisting of the affidavits of witnesses,
documentary evidence and if possible, object
evidence. The affidavits shall be in question and
answer form and shall comply with the rules of
admissibility of evidence.
The complaint shall state that it is an environmental
case and the law involved. The complaint shall also
include a certification against forum shopping. If
the complaint is not an environmental complaint,
the presiding judge shall refer it to the executive
judge for re-raffle.
Section 4. Who may file. — Any real party in interest,
including the government and juridical entities
authorized by law, may file a civil action involving
the enforcement or violation of any environmental
law.
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Section 5. Citizen suit. — Any Filipino citizen in
representation of others, including minors or
generations yet unborn, may file an action to
enforce rights or obligations under environmental
laws. Upon the filing of a citizen suit, the court shall
issue an order which shall contain a brief description
of the cause of action and the reliefs prayed for,
requiring all interested parties to manifest their
interest to intervene in the case within fifteen (15)
days from notice thereof. The plaintiff may publish
the order once in a newspaper of a general
circulation in the Philippines or furnish all affected
barangays copies of said order.
Citizen suits filed under R.A. No. 8749 and R.A. No.
9003 shall be governed by their respective
provisions.
Section 6. Service of the complaint on the
government or its agencies. - Upon the filing of the
complaint, the plaintiff is required to furnish the
government or the appropriate agency, although
not a party, a copy of the complaint. Proof of
service upon the government or the appropriate
agency shall be attached to the complaint.
Section 7. Assignment by raffle. - If there is only one
(1) designated branch in a multiple-sala court, the
executive judge shall immediately refer the case to
said branch. If there are two (2) or more designated
branches, the executive judge shall conduct a
special raffle on the day the complaint is filed.
Section 8. Issuance of Temporary Environmental
Protection Order (TEPO). - If it appears from the
verified complaint with a prayer for the issuance of
an Environmental Protection Order (EPO) that the
matter is of extreme urgency and the applicant will
suffer grave injustice and irreparable injury, the
executive judge of the multiple-sala court before
raffle or the presiding judge of a single-sala court as
the case may be, may issue ex parte a TEPO
effective for only seventy-two (72) hours from date
of the receipt of the TEPO by the party or person
enjoined. Within said period, the court where the
case is assigned, shall conduct a summary hearing
to determine whether the TEPO may be extended
until the termination of the case.
The court where the case is assigned, shall
periodically monitor the existence of acts that are
the subject matter of the TEPO even if issued by the
executive judge, and may lift the same at any time
as circumstances may warrant.
The applicant shall be exempted from the posting
of a bond for the issuance of a TEPO.
Section 9. Action on motion for dissolution of TEPO.
- The grounds for motion to dissolve a TEPO shall be
supported by affidavits of the party or person
enjoined which the applicant may oppose, also by
affidavits.
45
The TEPO may be dissolved if it appears after
hearing that its issuance or continuance would
cause irreparable damage to the party or person
enjoined while the applicant may be fully
compensated for such damages as he may suffer
and subject to the posting of a sufficient bond by
the party or person enjoined.
Section 10. Prohibition against temporary restraining
order (TRO) and preliminary injunction. - Except the
Supreme Court, no court can issue a TRO or writ of
preliminary injunction against lawful actions of
government agencies that enforce environmental
laws or prevent violations thereof.
Section 11. Report on TEPO, EPO, TRO or preliminary
injunction. - The judge shall report any action taken
on a TEPO, EPO, TRO or a preliminary injunction,
including its modification and dissolution, to the
Supreme Court, through the Office of the Court
Administrator, within ten (10) days from the action
taken.
Section 12. Payment of filing and other legal fees. -
The payment of filing and other legal fees by the
plaintiff shall be deferred until after judgment unless
the plaintiff is allowed to litigate as an indigent. It
shall constitute a first lien on the judgment award.
For a citizen suit, the court shall defer the payment
of filing and other legal fees that shall serve as first
lien on the judgment award.
Section 13. Service of summons, orders and other
court processes. - The summons, orders and other
court processes may be served by the sheriff, his
deputy or other proper court officer or for justifiable
reasons, by the counsel or representative of the
plaintiff or any suitable person authorized or
deputized by the court issuing the summons.
Any private person who is authorized or deputized
by the court to serve summons, orders and other
court processes shall for that purpose be
considered an officer of the court.
The summons shall be served on the defendant,
together with a copy of an order informing all
parties that they have fifteen (15) days from the
filing of an answer, within which to avail of
interrogatories to parties under Rule 25 of the Rules
of Court and request for admission by adverse party
under Rule 26, or at their discretion, make use of
depositions under Rule 23 or other measures under
Rules 27 and 28.
Should personal and substituted service fail,
summons by publication shall be allowed. In the
case of juridical entities, summons by publication
shall be done by indicating the names of the
officers or their duly authorized representatives.
Section 14. Verified answer. - Within fifteen (15) days
from receipt of summons, the defendant shall file a
verified answer to the complaint and serve a copy
thereof on the plaintiff. The defendant shall attach
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
affidavits of witnesses, reports, studies of experts
and all evidence in support of the defense.
Affirmative and special defenses not pleaded shall
be deemed waived, except lack of jurisdiction.
Cross-claims and compulsory counterclaims not
asserted shall be considered barred. The answer to
counterclaims or cross-claims shall be filed and
served within ten (10) days from service of the
answer in which they are pleaded.
Section 15. Effect of failure to answer. - Should the
defendant fail to answer the complaint within the
period provided, the court shall declare defendant
in default and upon motion of the plaintiff, shall
receive evidence ex parte and render judgment
based thereon and the reliefs prayed for.
RULE 3
PRE-TRIAL
Section 1. Notice of pre-trial. - Within two (2) days
from the filing of the answer to the counterclaim or
cross-claim, if any, the branch clerk of court shall
issue a notice of the pre-trial to be held not later
than one (1) month from the filing of the last
pleading.
The court shall schedule the pre-trial and set as
many pre-trial conferences as may be necessary
within a period of two (2) months counted from the
date of the first pre-trial conference.
Section 2. Pre-trial brief. - At least three (3) days
before the pretrial, the parties shall submit pre-trial
briefs containing the following:
(a) A statement of their willingness to enter into an
amicable settlement indicating the desired terms
thereof or to submit the case to any of the
alternative modes of dispute resolution;
(b) A summary of admitted facts and proposed
stipulation of facts;
(c) The legal and factual issues to be tried or
resolved. For each factual issue, the parties shall
state all evidence to support their positions thereon.
For each legal issue, parties shall state the
applicable law and jurisprudence supporting their
respective positions thereon;
(d) The documents or exhibits to be presented,
including depositions, answers to interrogatories
and answers to written request for admission by
adverse party, stating the purpose thereof;
(e) A manifestation of their having availed of
discovery procedures or their intention to avail
themselves of referral to a commissioner or panel of
experts;
(f) The number and names of the witnesses and the
substance of their affidavits;
46
(g) Clarificatory questions from the parties; and
(h) List of cases arising out of the same facts
pending before other courts or administrative
agencies. Failure to comply with the required
contents of a pre-trial brief may be a ground for
contempt.
Failure to file the pre-trial brief shall have the same
effect as failure to appear at the pre-trial.
Section 3. Referral to mediation. - At the start of the
pre-trial conference, the court shall inquire from the
parties if they have settled the dispute; otherwise,
the court shall immediately refer the parties or their
counsel, if authorized by their clients, to the
Philippine Mediation Center (PMC) unit for purposes
of mediation. If not available, the court shall refer
the case to the clerk of court or legal researcher for
mediation.
Mediation must be conducted within a non-
extendible period of thirty (30) days from receipt of
notice of referral to mediation.
The mediation report must be submitted within ten
(10) days from the expiration of the 30-day period.
Section 4. Preliminary conference. - If mediation
fails, the court will schedule the continuance of the
pre-trial. Before the scheduled date of
continuance, the court may refer the case to the
branch clerk of court for a preliminary conference
for the following purposes:
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be
presented by the parties and copies thereof to be
attached to the records after comparison with the
originals;
(c) To ascertain from the parties the undisputed
facts and admissions on the genuineness and due
execution of the documents marked as exhibits;
(d) To require the parties to submit the depositions
taken under Rule 23 of the Rules of Court, the
answers to written interrogatories under Rule 25,
and the answers to request for admissions by the
adverse party under Rule 26;
(e) To require the production of documents or
things requested by a party under Rule 27 and the
results of the physical and mental examination of
persons under Rule 28;
(f) To consider such other matters as may aid in its
prompt disposition;
(g) To record the proceedings in the "Minutes of
Preliminary Conference" to be signed by both
parties or their counsels;
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(h) To mark the affidavits of witnesses which shall be
in question and answer form and shall constitute the
direct examination of the witnesses; and
(i) To attach the minutes together with the marked
exhibits before the pre-trial proper.
The parties or their counsel must submit to the
branch clerk of court the names, addresses and
contact numbers of the affiants.
During the preliminary conference, the branch clerk
of court shall also require the parties to submit the
depositions taken under Rule 23 of the Rules of
Court, the answers to written interrogatories under
Rule 25 and the answers to request for admissions
by the adverse party under Rule 26. The branch
clerk of court may also require the production of
documents or things requested by a party under
Rule 27 and the results of the physical and mental
examination of persons under Rule 28.
Section 5. Pre-trial conference; consent decree. -
The judge shall put the parties and their counsels
under oath, and they shall remain under oath in all
pre-trial conferences.
The judge shall exert best efforts to persuade the
parties to arrive at a settlement of the dispute. The
judge may issue a consent decree approving the
agreement between the parties in accordance
with law, morals, public order and public policy to
protect the right of the people to a balanced and
healthful ecology.
Evidence not presented during the pre-trial, except
newly-discovered evidence, shall be deemed
waived.
Section 6. Failure to settle. - If there is no full
settlement, the judge shall:
(a) Adopt the minutes of the preliminary
conference as part of the pre-trial proceedings and
confirm the markings of exhibits or substituted
photocopies and admissions on the genuineness
and due execution of documents;
(b) Determine if there are cases arising out of the
same facts pending before other courts and order
its consolidation if warranted;
(c) Determine if the pleadings are in order and if
not, order the amendments if necessary;
(d) Determine if interlocutory issues are involved
and resolve the same;
(e) Consider the adding or dropping of parties;
(f) Scrutinize every single allegation of the
complaint, answer and other pleadings and
attachments thereto, and the contents of
documents and all other evidence identified and
pre-marked during pre-trial in determining further
admissions;
47
(g) Obtain admissions based on the affidavits of
witnesses and evidence attached to the pleadings
or submitted during pre-trial;
(h) Define and simplify the factual and legal issues
arising from the pleadings and evidence.
Uncontroverted issues and frivolous claims or
defenses should be eliminated;
(i) Discuss the propriety of rendering a summary
judgment or a judgment based on the pleadings,
evidence and admissions made during pre-trial;
(j) Observe the Most Important Witness Rule in
limiting the number of witnesses, determining the
facts to be proved by each witness and fixing the
approximate number of hours per witness;
(k) Encourage referral of the case to a trial by
commissioner under Rule 32 of the Rules of Court or
to a mediator or arbitrator under any of the
alternative modes of dispute resolution governed
by the Special Rules of Court on Alternative Dispute
Resolution;
(l) Determine the necessity of engaging the services
of a qualified expert as a friend of the court (amicus
curiae); and
(m) Ask parties to agree on the specific trial dates
for continuous trial, comply with the one-day
examination of witness rule, adhere to the case flow
chart determined by the court which shall contain
the different stages of the proceedings up to the
promulgation of the decision and use the time
frame for each stage in setting the trial dates.
Section 7. Effect of failure to appear at pre-trial. -
The court shall not dismiss the complaint, except
upon repeated and unjustified failure of the plaintiff
to appear. The dismissal shall be without prejudice,
and the court may proceed with the counterclaim.
If the defendant fails to appear at the pre-trial, the
court shall receive evidence ex parte.
Section 8. Minutes of pre-trial. - The minutes of each
pre-trial conference shall contain matters taken up
therein, more particularly admissions of facts and
exhibits, and shall be signed by the parties and their
counsel.
Section 9. Pre-trial order. - Within ten (10) days after
the termination of the pre-trial, the court shall issue
a pre-trial order setting forth the actions taken
during the pre-trial conference, the facts stipulated,
the admissions made, the evidence marked, the
number of witnesses to be presented and the
schedule of trial. Said order shall bind the parties,
limit the trial to matters not disposed of and control
the course of action during the trial.
Section 10. Efforts to settle. - The court shall
endeavor to make the parties agree to
compromise or settle in accordance with law at
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any stage of the proceedings before rendition of
judgment.
RULE 4
TRIAL
Section 1. Continuous trial. - The judge shall conduct
continuous trial which shall not exceed two (2)
months from the date of the issuance of the pre-trial
order.
Before the expiration of the two-month period, the
judge may ask the Supreme Court for the extension
of the trial period for justifiable cause.
Section 2. Affidavits in lieu of direct examination. - In
lieu of direct examination, affidavits marked during
the pre-trial shall be presented as direct
examination of affiants subject to cross-
examination by the adverse party.
Section 3. One-day examination of witness rule. -
The court shall strictly adhere to the rule that a
witness has to be fully examined in one (1) day,
subject to the court’s discretion of extending the
examination for justifiable reason. After the
presentation of the last witness, only oral offer of
evidence shall be allowed, and the opposing party
shall immediately interpose his objections. The
judge shall forthwith rule on the offer of evidence in
open court.
Section 4. Submission of case for decision; filing of
memoranda. - After the last party has rested its
case, the court shall issue an order submitting the
case for decision.
The court may require the parties to submit their
respective memoranda, if possible in electronic
form, within a non-extendible period of thirty (30)
days from the date the case is submitted for
decision.
The court shall have a period of sixty (60) days to
decide the case from the date the case is
submitted for decision.
Section 5. Period to try and decide. - The court shall
have a period of one (1) year from the filing of the
complaint to try and decide the case. Before the
expiration of the one-year period, the court may
petition the Supreme Court for the extension of the
period for justifiable cause.
The court shall prioritize the adjudication of
environmental cases.
RULE 5
JUDGMENT AND EXECUTION
Section 1. Reliefs in a citizen suit. - If warranted, the
court may grant to the plaintiff proper reliefs which
shall include the protection, preservation or
rehabilitation of the environment and the payment
of attorney’s fees, costs of suit and other litigation
48
expenses. It may also require the violator to submit
a program of rehabilitation or restoration of the
environment, the costs of which shall be borne by
the violator, or to contribute to a special trust fund
for that purpose subject to the control of the court.
Section 2. Judgment not stayed by appeal. - Any
judgment directing the performance of acts for the
protection, preservation or rehabilitation of the
environment shall be executory pending appeal
unless restrained by the appellate court.
Section 3. Permanent EPO; writ of continuing
mandamus. - In the judgment, the court may
convert the TEPO to a permanent EPO or issue a writ
of continuing mandamus directing the
performance of acts which shall be effective until
the judgment is fully satisfied.
The court may, by itself or through the appropriate
government agency, monitor the execution of the
judgment and require the party concerned to
submit written reports on a quarterly basis or sooner
as may be necessary, detailing the progress of the
execution and satisfaction of the judgment. The
other party may, at its option, submit its comments
or observations on the execution of the judgment.
Section 4. Monitoring of compliance with judgment
and orders of the court by a commissioner. - The
court may motu proprio, or upon motion of the
prevailing party, order that the enforcement of the
judgment or order be referred to a commissioner to
be appointed by the court. The commissioner shall
file with the court written progress reports on a
quarterly basis or more frequently when necessary.
Section 5. Return of writ of execution. - The process
of execution shall terminate upon a sufficient
showing that the decision or order has been
implemented to the satisfaction of the court in
accordance with Section 14, Rule 39 of the Rules of
Court.
RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
Section 1. Strategic lawsuit against public
participation (SLAPP). - A legal action filed to
harass, vex, exert undue pressure or stifle any legal
recourse that any person, institution or the
government has taken or may take in the
enforcement of environmental laws, protection of
the environment or assertion of environmental rights
shall be treated as a SLAPP and shall be governed
by these Rules.
Section 2. SLAPP as a defense; how alleged. - In a
SLAPP filed against a person involved in the
enforcement of environmental laws, protection of
the environment, or assertion of environmental
rights, the defendant may file an answer interposing
as a defense that the case is a SLAPP and shall be
supported by documents, affidavits, papers and
other evidence; and, by way of counterclaim, pray
for damages, attorney’s fees and costs of suit.
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The court shall direct the plaintiff or adverse party to
file an opposition showing the suit is not a SLAPP,
attaching evidence in support thereof, within a
non-extendible period of five (5) days from receipt
of notice that an answer has been filed.
The defense of a SLAPP shall be set for hearing by
the court after issuance of the order to file an
opposition within fifteen (15) days from filing of the
comment or the lapse of the period.
Section 3. Summary hearing. - The hearing on the
defense of a SLAPP shall be summary in nature. The
parties must submit all available evidence in
support of their respective positions. The party
seeking the dismissal of the case must prove by
substantial evidence that his act for the
enforcement of environmental law is a legitimate
action for the protection, preservation and
rehabilitation of the environment. The party filing
the action assailed as a SLAPP shall prove by
preponderance of evidence that the action is not
a SLAPP and is a valid claim.
Section 4. Resolution of the defense of a SLAPP. -
The affirmative defense of a SLAPP shall be resolved
within thirty (30) days after the summary hearing. If
the court dismisses the action, the court may award
damages, attorney’s fees and costs of suit under a
counterclaim if such has been filed. The dismissal
shall be with prejudice.
If the court rejects the defense of a SLAPP, the
evidence adduced during the summary hearing
shall be treated as evidence of the parties on the
merits of the case. The action shall proceed in
accordance with the Rules of Court.
PART III
SPECIAL CIVIL ACTIONS
RULE 7
WRIT OF KALIKASAN
Section 1. Nature of the writ. - The writ is a remedy
available to a natural or juridical person, entity
authorized by law, people’s organization, non-
governmental organization, or any public interest
group accredited by or registered with any
government agency, on behalf of persons whose
constitutional right to a balanced and healthful
ecology is violated, or threatened with violation by
an unlawful act or omission of a public official or
employee, or private individual or entity, involving
environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants
in two or more cities or provinces.
Section 2. Contents of the petition. - The verified
petition shall contain the following:
(a) The personal circumstances of the petitioner;
(b) The name and personal circumstances of the
respondent or if the name and personal
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circumstances are unknown and uncertain, the
respondent may be described by an assumed
appellation;
(c) The environmental law, rule or regulation
violated or threatened to be violated, the act or
omission complained of, and the environmental
damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more
cities or provinces.
(d) All relevant and material evidence consisting of
the affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if possible,
object evidence;
(e) The certification of petitioner under oath that:
(1) petitioner has not commenced any action or
filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency, and no such
other action or claim is pending therein; (2) if there
is such other pending action or claim, a complete
statement of its present status; (3) if petitioner should
learn that the same or similar action or claim has
been filed or is pending, petitioner shall report to the
court that fact within five (5) days therefrom; and
(f) The reliefs prayed for which may include a prayer
for the issuance of a TEPO.
Section 3. Where to file. - The petition shall be filed
with the Supreme Court or with any of the stations
of the Court of Appeals.
Section 4. No docket fees. - The petitioner shall be
exempt from the payment of docket
fees.
Section 5. Issuance of the writ. - Within three (3) days
from the date of filing of the petition, if the petition
is sufficient in form and substance, the court shall
give an order: (a) issuing the writ; and (b) requiring
the respondent to file a verified return as provided
in Section 8 of this Rule. The clerk of court shall
forthwith issue the writ under the seal of the court
including the issuance of a cease and desist order
and other temporary reliefs effective until further
order.
Section 6. How the writ is served. - The writ shall be
served upon the respondent by a court officer or
any person deputized by the court, who shall retain
a copy on which to make a return of service. In case
the writ cannot be served personally, the rule on
substituted service shall apply.
Section 7. Penalty for refusing to issue or serve the
writ. - A clerk of court who unduly delays or refuses
to issue the writ after its allowance or a court officer
or deputized person who unduly delays or refuses to
serve the same shall be punished by the court for
contempt without prejudice to other civil, criminal
or administrative actions.
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Section 8. Return of respondent; contents. - Within a
non-extendible period of ten (10) days after service
of the writ, the respondent shall file a verified return
which shall contain all defenses to show that
respondent did not violate or threaten to violate, or
allow the violation of any environmental law, rule or
regulation or commit any act resulting to
environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants
in two or more cities or provinces.
All defenses not raised in the return shall be deemed
waived.
The return shall include affidavits of witnesses,
documentary evidence, scientific or other expert
studies, and if possible, object evidence, in support
of the defense of the respondent.
A general denial of allegations in the petition shall
be considered as an admission thereof.
Section 9. Prohibited pleadings and motions. - The
following pleadings and motions are prohibited:
(a) Motion to dismiss;
(b) Motion for extension of time to file return;
(c) Motion for postponement;
(d) Motion for a bill of particulars;
(e) Counterclaim or cross-claim;
(f) Third-party complaint;
(g) Reply; and
(h) Motion to declare respondent in default.
Section 10. Effect of failure to file return. - In case the
respondent fails to file a return, the court shall
proceed to hear the petition ex parte.
Section 11. Hearing. - Upon receipt of the return of
the respondent, the court may call a preliminary
conference to simplify the issues, determine the
possibility of obtaining stipulations or admissions
from the parties, and set the petition for hearing.
The hearing including the preliminary conference
shall not extend beyond sixty (60) days and shall be
given the same priority as petitions for the writs of
habeas corpus, amparo and habeas data.
Section 12. Discovery Measures. - A party may file a
verified motion for the following reliefs:
(a) Ocular Inspection; order — The motion must
show that an ocular inspection order is necessary to
establish the magnitude of the violation or the
threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces. It shall
state in detail the place or places to be inspected.
It shall be supported by affidavits of witnesses
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having personal knowledge of the violation or
threatened violation of environmental law.
After hearing, the court may order any person in
possession or control of a designated land or other
property to permit entry for the purpose of
inspecting or
photographing the property or any relevant object
or operation thereon.
The order shall specify the person or persons
authorized to make the inspection and the date,
time, place and manner of making the inspection
and may prescribe other conditions to protect the
constitutional rights of all parties.
(b) Production or inspection of documents or things;
order – The motion must show that a production
order is necessary to establish the magnitude of the
violation or the threat as to prejudice the life, health
or property of inhabitants in two or more cities or
provinces.
After hearing, the court may order any person in
possession, custody or control of any designated
documents, papers, books, accounts, letters,
photographs, objects or tangible things, or objects
in digitized or electronic form, which constitute or
contain evidence relevant to the petition or the
return, to produce and permit their inspection,
copying or photographing by or on behalf of the
movant.
The production order shall specify the person or
persons authorized to make the production and the
date, time, place and manner of making the
inspection or production and may prescribe other
conditions to protect the constitutional rights of all
parties.
Section 13. Contempt. - The court may after hearing
punish the respondent who refuses or unduly delays
the filing of a return, or who makes a false return, or
any person who disobeys or resists a lawful process
or order of the court for indirect contempt under
Rule 71 of the Rules of Court.
Section 14. Submission of case for decision; filing of
memoranda. - After hearing, the court shall issue an
order submitting the case for decision. The court
may require the filing of memoranda and if possible,
in its electronic form, within a non-extendible period
of thirty (30) days from the date the petition is
submitted for decision.
Section 15. Judgment. - Within sixty (60) days from
the time the petition is submitted for decision, the
court shall render judgment granting or denying the
privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are
the following:
(a) Directing respondent to permanently cease
and desist from committing acts or neglecting the
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
performance of a duty in violation of environmental
laws resulting in environmental destruction or
damage;
(b) Directing the respondent public official,
government agency, private person or entity to
protect, preserve, rehabilitate or restore the
environment;
(c) Directing the respondent public official,
government agency, private person or entity to
monitor strict compliance with the decision and
orders of the court;
(d) Directing the respondent public official,
government agency, or private person or entity to
make periodic reports on the execution of the final
judgment; and
(e) Such other reliefs which relate to the right of the
people to a balanced and healthful ecology or to
the protection, preservation, rehabilitation or
restoration of the
environment, except the award of damages to
individual petitioners.
Section 16. Appeal. - Within fifteen (15) days from
the date of notice of the adverse judgment or
denial of motion for reconsideration, any party may
appeal to the Supreme Court under Rule 45 of the
Rules of Court. The appeal may raise questions of
fact.
Section 17. Institution of separate actions. - The filing
of a petition for the issuance of the writ of kalikasan
shall not preclude the filing of separate civil,
criminal or administrative actions.
RULE 8
WRIT OF CONTINUING MANDAMUS
Section 1. Petition for continuing mandamus. -
When any agency or instrumentality of the
government or officer thereof unlawfully neglects
the performance of an act which the law
specifically enjoins as a duty resulting from an
office, trust or station in connection with the
enforcement or violation of an environmental law
rule or regulation or a right therein, or unlawfully
excludes another from the use or enjoyment of such
right and there is no other plain, speedy and
adequate remedy in the ordinary course of law, the
person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with
certainty, attaching thereto supporting evidence,
specifying that the petition concerns an
environmental law, rule or regulation, and praying
that judgment be rendered commanding the
respondent to do an act or series of acts until the
judgment is fully satisfied, and to pay damages
sustained by the petitioner by reason of the
malicious neglect to perform the duties of the
respondent, under the law, rules or regulations. The
petition shall also contain a sworn certification of
non-forum shopping.
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Section 2. Where to file the petition. - The petition
shall be filed with the Regional Trial Court exercising
jurisdiction over the territory where the actionable
neglect or omission occurred or with the Court of
Appeals or the Supreme Court.
Section 3. No docket fees. - The petitioner shall be
exempt from the payment of docket fees.
Section 4. Order to comment. - If the petition is
sufficient in form and substance, the court shall issue
the writ and require the respondent to comment on
the petition within ten (10) days from receipt of a
copy thereof. Such order shall be served on the
respondents in such manner as the court may
direct, together with a copy of the petition and any
annexes thereto.
Section 5. Expediting proceedings; TEPO. - The court
in which the petition is filed may issue such orders to
expedite the proceedings, and it may also grant a
TEPO for the preservation of the rights of the parties
pending such proceedings.
Section 6. Proceedings after comment is filed. -
After the comment is filed or the time for the filing
thereof has expired, the court may hear the case
which shall be summary in nature or require the
parties to submit memoranda. The petition shall be
resolved without delay within sixty (60) days from
the date of the submission of the petition for
resolution.
Section 7. Judgment. - If warranted, the court shall
grant the privilege of the writ of continuing
mandamus requiring respondent to perform an act
or series of acts until the judgment is fully satisfied
and to grant such other reliefs as may be warranted
resulting from the wrongful or illegal acts of the
respondent. The court shall require the respondent
to submit periodic reports detailing the progress
and execution of the judgment, and the court may,
by itself or through a commissioner or the
appropriate government agency, evaluate and
monitor compliance. The petitioner may submit its
comments or observations on the execution of the
judgment.
Section 8. Return of the writ. - The periodic reports
submitted by the respondent detailing compliance
with the judgment shall be contained in partial
returns of the writ.
Upon full satisfaction of the judgment, a final return
of the writ shall be made to the court by the
respondent. If the court finds that the judgment has
been fully implemented, the satisfaction of
judgment shall be entered in the court docket.
PART IV
CRIMINAL PROCEDURE
RULE 9
PROSECUTION OF OFFENSES
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Section 1. Who may file. - Any offended party,
peace officer or any public officer charged with
the enforcement of an environmental law may file
a complaint before the proper officer in
accordance with the Rules of Court.
Section 2. Filing of the information. - An information,
charging a person with a violation of an
environmental law and subscribed by the
prosecutor, shall be filed with the court.
Section 3. Special prosecutor. - In criminal cases,
where there is no private offended party, a counsel
whose services are offered by any person or
organization may be allowed by the court as
special prosecutor, with the consent of and subject
to the control and supervision of the public
prosecutor.
RULE 10
PROSECUTION OF CIVIL ACTIONS
Section 1. Institution of criminal and civil actions. -
When a criminal action is instituted, the civil action
for the recovery of civil liability arising from the
offense charged, shall be deemed instituted with
the criminal action unless the complainant waives
the civil action, reserves the right to institute it
separately or institutes the civil action prior to the
criminal action.
Unless the civil action has been instituted prior to the
criminal action, the reservation of the right to
institute separately the civil action shall be made
during arraignment.
In case civil liability is imposed or damages are
awarded, the filing and other legal fees shall be
imposed on said award in accordance with Rule
141 of the Rules of Court, and the fees shall
constitute a first lien on the judgment award. The
damages awarded in cases where there is no
private offended party, less the filing fees, shall
accrue to the funds of the agency charged with
the implementation of the environmental law
violated. The award shall be used for the restoration
and rehabilitation of the environment adversely
affected.
RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A
peace officer or an individual deputized by the
proper government agency may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested
has committed, is actually committing or is
attempting to commit an offense; or
(b) When an offense has just been committed, and
he has probable cause to believe based on
personal knowledge of facts or circumstances that
the person to be arrested has committed it.
Individuals deputized by the proper government
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agency who are enforcing environmental laws shall
enjoy the presumption of regularity under Section
3(m), Rule 131 of the Rules of Court when effecting
arrests for violations of environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest
issued by the court shall be accompanied by a
certified true copy of the information filed with the
issuing court.
RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS,
EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND
INSTRUMENTS
Section 1. Custody and disposition of seized items. -
The custody and disposition of seized items shall be
in accordance with the applicable laws or rules
promulgated by the concerned government
agency.
Section 2. Procedure. - In the absence of
applicable laws or rules promulgated by the
concerned government agency, the following
procedure shall be observed:
(a) The apprehending officer having initial custody
and control of the seized items, equipment,
paraphernalia, conveyances and instruments shall
physically inventory and whenever practicable,
photograph the same in the presence of the person
from whom such items were seized.
(b) Thereafter, the apprehending officer shall
submit to the issuing court the return of the search
warrant within five (5) days from date of seizure or in
case of warrantless arrest, submit within five (5) days
from date of seizure, the inventory report,
compliance report, photographs, representative
samples and other pertinent documents to the
public prosecutor for appropriate action.
(c) Upon motion by any interested party, the court
may direct the auction sale of seized items,
equipment, paraphernalia, tools or instruments of
the crime. The court shall, after hearing, fix the
minimum bid price based on the recommendation
of the concerned government agency. The sheriff
shall conduct the auction.
(d) The auction sale shall be with notice to the
accused, the person from whom the items were
seized, or the owner thereof and the concerned
government agency.
(e) The notice of auction shall be posted in three
conspicuous places in the city or municipality
where the items, equipment, paraphernalia, tools
or instruments of the crime were seized.
(f) The proceeds shall be held in trust and deposited
with the government depository bank for disposition
according to the judgment.
RULE 13
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
PROVISIONAL REMEDIES
Section 1. Attachment in environmental cases. - The
provisional remedy of attachment under Rule 127 of
the Rules of Court may be availed of in
environmental cases.
Section 2. Environmental Protection Order (EPO);
Temporary Environmental Protection Order (TEPO)
in criminal cases. - The procedure for and issuance
of EPO and TEPO shall be governed by Rule 2 of
these Rules.
RULE 14
BAIL
Section 1. Bail, where filed. - Bail in the amount fixed
may be filed with the court where the case is
pending, or in the absence or unavailability of the
judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge or
municipal circuit trial judge in the province, city or
municipality. If the accused is arrested in a
province, city or municipality other than where the
case is pending, bail may also be filed with any
Regional Trial Court of said place, or if no judge
thereof is available, with any metropolitan trial
judge, municipal trial judge or municipal circuit trial
judge therein. If the court grants bail, the court may
issue a hold-departure order in appropriate cases.
Section 2. Duties of the court. - Before granting the
application for bail, the judge must read the
information in a language known to and
understood by the accused and require the
accused to sign a written undertaking, as follows:
(a) To appear before the court that issued the
warrant of arrest for arraignment purposes on the
date scheduled, and if the accused fails to appear
without justification on the date of arraignment,
accused waives the reading of the information and
authorizes the court to enter a plea of not guilty on
behalf of the accused and to set the case for trial;
(b) To appear whenever required by the court
where the case is pending; and
(c) To waive the right of the accused to be present
at the trial, and upon failure of the accused to
appear without justification and despite due
notice, the trial may proceed in absentia.
RULE 15
ARRAIGNMENT AND PLEA
Section 1. Arraignment. - The court shall set the
arraignment of the accused within fifteen (15) days
from the time it acquires jurisdiction over the
accused, with notice to the public prosecutor and
offended party or concerned government agency
that it will entertain plea-bargaining on the date of
the arraignment.
Section 2. Plea-bargaining. - On the scheduled
date of arraignment, the court shall consider plea-
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bargaining arrangements. Where the prosecution
and offended party or concerned government
agency agree to the plea offered by the accused,
the court shall:
(a) Issue an order which contains the plea-
bargaining arrived at;
(b) Proceed to receive evidence on the civil aspect
of the case, if any; and
(c) Render and promulgate judgment of
conviction, including the civil liability for damages.
RULE 16
PRE-TRIAL
Section 1. Setting of pre-trial conference. - After the
arraignment, the court shall set the pre-trial
conference within thirty (30) days. It may refer the
case to the branch clerk of court, if warranted, for
a preliminary conference to be set at least three (3)
days prior to the pre-trial.
Section 2. Preliminary conference. - The preliminary
conference shall be for the following purposes:
(a) To assist the parties in reaching a settlement of
the civil aspect of the case;
(b) To mark the documents to be presented as
exhibits;
(c) To attach copies thereof to the records after
comparison with the originals;
(d) To ascertain from the parties the undisputed
facts and admissions on the genuineness and due
execution of documents marked as exhibits;
(e) To consider such other matters as may aid in the
prompt disposition of the case;
(f) To record the proceedings during the preliminary
conference in the Minutes of Preliminary
Conference to be signed by the parties and
counsel;
(g) To mark the affidavits of witnesses which shall be
in question and answer form and shall constitute the
direct examination of the witnesses; and
(h) To attach the Minutes and marked exhibits to
the case record before the pre-trial proper. The
parties or their counsel must submit to the branch
clerk of court the names, addresses and contact
numbers of the affiants.
Section 3. Pre-trial duty of the judge. - During the
pre-trial, the court shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary
conference as part of the pre-trial proceedings,
confirm markings of exhibits or substituted
NATURAL RESOURCES AND ENVIRONMENTAL LAW | Finals Reviewer
photocopies and admissions on the genuineness
and due execution of documents, and list object
and testimonial evidence;
(c) Scrutinize the information and the statements in
the affidavits and other documents which form part
of the record of the preliminary investigation
together with other documents identified and
marked as exhibits to determine further admissions
of facts as to:
i. The court’s territorial jurisdiction relative to the
offense(s) charged;
ii. Qualification of expert witnesses; and
iii. Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates
and adhere to the flow chart determined by the
court which shall contain the time frames for the
different stages of the proceeding up to
promulgation of decision;
(f) Require the parties to submit to the branch clerk
of court the names, addresses and contact
numbers of witnesses that need to be summoned
by subpoena; and
(g) Consider modification of order of trial if the
accused admits the charge but interposes a lawful
defense.
Section 4. Manner of questioning. - All questions or
statements must be directed to the court.
Section 5. Agreements or admissions. - All
agreements or admissions made or entered during
the pre-trial conference shall be reduced in writing
and signed by the accused and counsel; otherwise,
they cannot be used against the accused. The
agreements covering the matters referred to in
Section 1, Rule 118 of the Rules of Court shall be
approved by the court.
Section 6. Record of proceedings. - All proceedings
during the pre-trial shall be recorded, the transcripts
prepared and the minutes signed by the parties or
their counsels.
Section 7. Pre-trial order. - The court shall issue a pre-
trial order within ten (10) days after the termination
of the pre-trial, setting forth the actions taken during
the pre-trial conference, the facts stipulated, the
admissions made, evidence marked, the number of
witnesses to be presented and the schedule of trial.
The order shall bind the parties and control the
course of action during the trial.
RULE 17
TRIAL
Section 1. Continuous trial. - The court shall
endeavor to conduct continuous trial which shall
54
not exceed three (3) months from the date of the
issuance of the pre-trial order.
Section 2. Affidavit in lieu of direct examination. -
Affidavit in lieu of direct examination shall be used,
subject to cross-examination and the right to object
to inadmissible portions of the affidavit.
Section 3. Submission of memoranda. - The court
may require the parties to submit their respective
memoranda and if possible, in electronic form,
within a non-extendible period of thirty (30) days
from the date the case is submitted for decision.
With or without any memoranda filed, the court
shall have a period of sixty (60) days to decide the
case counted from the last day of the 30-day
period to file the memoranda.
Section 4. Disposition period. - The court shall
dispose the case within a period of ten (10) months
from the date of arraignment.
Section 5. Pro bono lawyers. - If the accused cannot
afford the services of counsel or there is no
available public attorney, the court shall require the
Integrated Bar of the Philippines to provide pro
bono lawyers for the accused.
RULE 18
SUBSIDIARY LIABILITY
Section 1. Subsidiary liability. - In case of conviction
of the accused and subsidiary liability is allowed by
law, the court may, by motion of the person entitled
to recover under judgment, enforce such subsidiary
liability against a person or corporation subsidiary
liable under Article 102 and Article 103 of the
Revised Penal Code.
RULE 19
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION
IN CRIMINAL CASES
Section 1. Motion to dismiss. - Upon the filing of an
information in court and before arraignment, the
accused may file a motion to dismiss on the ground
that the criminal action is a SLAPP.
Section 2. Summary hearing. - The hearing on the
defense of a SLAPP shall be summary in nature. The
parties must submit all the available evidence in
support of their respective positions. The party
seeking the dismissal of the case must prove by
substantial evidence that his acts for the
enforcement of environmental law is a legitimate
action for the protection, preservation and
rehabilitation of the environment. The party filing
the action assailed as a SLAPP shall prove by
preponderance of evidence that the action is not
a SLAPP.
Section 3. Resolution. - The court shall grant the
motion if the accused establishes in the summary
hearing that the criminal case has been filed with
intent to harass, vex, exert undue pressure or stifle
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any legal recourse that any person, institution or the
government has taken or may take in the
enforcement of environmental laws, protection of
the environment or assertion of environmental
rights.
If the court denies the motion, the court shall
immediately proceed with the arraignment of the
accused.
PART V
EVIDENCE
RULE 20
PRECAUTIONARY PRINCIPLE
Section 1. Applicability. - When there is a lack of full
scientific certainty in establishing a causal link
between human activity and environmental effect,
the court shall apply the precautionary principle in
resolving the case before it.
The constitutional right of the people to a balanced
and healthful ecology shall be given the benefit of
the doubt.
Section 2. Standards for application. - In applying
the precautionary principle, the following factors,
among others, may be considered: (1) threats to
human life or health; (2) inequity to present or future
generations; or (3) prejudice to the environment
without legal consideration of the environmental
rights of those affected.
RULE 21
DOCUMENTARY EVIDENCE
Section 1. Photographic, video and similar
evidence. - Photographs, videos and similar
evidence of events, acts, transactions of wildlife,
wildlife by-products or derivatives, forest products or
mineral resources subject of a case shall be
admissible when authenticated by the person who
took the same, by some other person present when
said evidence was taken, or by any other person
competent to testify on the accuracy thereof.
Section 2. Entries in official records. - Entries in official
records made in the performance of his duty by a
public officer of the Philippines, or by a person in
performance of a duty specially enjoined by law,
are prima facie evidence of the facts therein
stated.
RULE 22
FINAL PROVISIONS
Section 1. Effectivity. - These Rules shall take effect
within fifteen (15) days following publication once
in a newspaper of general circulation.
Section 2. Application of the Rules of Court. - The
Rules of Court shall apply in a suppletory manner,
except as otherwise provided herein.
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