Professional Documents
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LTD Reviewer
LTD Reviewer
National Territory
CONSTITUTIONAL The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
PROVISIONS aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.
1. Conservation, protection
and sustained
management of the
country's fishery and
aquatic resources;
3. Improvement of
productivity of
aquaculture within
ecological limits;
4. Optimal utilization of
offshore and deep-sea
resources; and
5. Upgrading of post-
harvest technology.
DEFINITION OF (§ 5) (§ 4) (§ 4) (§ 3) (§ 3) (§ 3) (§ 3) (§ 3)
TERMS (b) Air pollution – any (c) Beneficial use – the use (a) Municipal Fishing – (d) Forest lands – include (q) Exploration –the (a) Agricultural waste – (a) National Integrated (h)Indigenous Cultural
alteration of the physical, of the environment or any fishing within municipal the public forest, the searching or prospecting waste generated from Protected Areas System Communities/Indigenous
chemical and biological element or segment waters using fishing permanent forest or forest for mineral resources by planting or harvesting of (NIPAS) – the classification Peoples (ICCs/IPs) – a
properties of the thereof conducive to vessels of three (3. gross reserves, and forest geological, geochemical or crops, trimming or and administration of all group of people or
atmospheric air, or any public or private welfare, tons or less, or fishing not reservations geophysical surveys, pruning of plants and designated protected areas homogenous societies
discharge thereto of any safety and health; and shall requiring the use of fishing remote sensing, test wastes or run-off materials to maintain essential identified by self-
liquid, gaseous or solid include, but not be limited vessels (a) Public forest – the mass pitting, from farms or fields; ecological processes and ascription and ascription
substances that will or is to, the use of water for of lands of the public trenching, drilling, shaft life-support systems, to by others, who have
likely to create or to domestic, municipal, (b) Commercial Fishing – domain which has not sinking, tunneling or any (b) Bulky wastes – waste preserve genetic diversity, continuously lived as
render the air resources of irrigation, power taking of fishery species by been the subject of the other means for the materials which cannot be to ensure sustainable use organized community on
the country harmful, generation, fisheries, passive or active gear for present system of purpose of determining appropriately placed in of resources found therein, communally bounded and
detrimental, or injurious to livestock raising, trade, business & profit classification for the the existence, extent, separate containers and to maintain their defined territory, and who
public health, safety or industrial, recreational beyond subsistence or determination of which quantity and quality because of either its bulky natural conditions to the have, under claims of
welfare or which will and other purpose; sports fishing, to be lands are needed for forest thereof and the feasibility size, shape or other greatest extent possible ownership since time
adversely affect their further classified as: purposes and which are of mining them for profit physical attributes. immemorial, occupied,
utilization for domestic, (d) (1) Small scale commercial not (b) Protected Area – possessed and utilized
commercial, industrial, Classification/Reclassificat fishing - fishing with (aa) Minerals – all (p) Hazardous waste – identified portions of land such territories, sharing
agricultural, recreational, ion of Philippine Waters – passive or active gear (b) Permanent forest or naturally occurring solid waste management and water set aside by common bonds of
or other legitimate the categorization of all utilizing fishing vessels of forest reserves – those inorganic substance in or combination of solid reason of their unique language, customs,
purposes; water bodies taking into 3.1 GT up to 20 GT; lands of the public domain solid, gas, liquid, or any waste which because of its physical and biological traditions and other
account, among others, the (2) Medium scale which have been the intermediate state quantity, concentration or significance, managed to distinctive cultural traits,
(c) Ambient air quality following: commercial fishing - subject of the present excluding energy materials physical, chemical or enhance biological or who have, through
guideline values – the 1. existing quality of the fishing utilizing active system of classification such as coal, petroleum, infectious characteristics diversity and protected resistance to political,
concentration of air over body of water; gears and vessels of 20.1 and determined to be natural gas, radioactive may:(1) cause an increase against destructive human social and cultural inroads
specified periods classified 2. size, depth, surface area GT up to 150 GT; and needed for forest purposes materials, and geothermal in mortality or an increase exploitation of colonization, non-
as short-term and long- covered, volume, direction, (3) Large commercial energy in serious irreversible, or indigenous religions and
term which are intended rate of flow and gradient of fishing - fishing utilizing (g) Forest reservations – incapacitating reversible, cultures, became
to serve as goals or stream; active gears and vessels of forest lands which have illness; or (2) pose a historically differentiated
objectives for the 3. most beneficial existing more than 150 GT. been reserved by the substantial present or from the majority of
protection of health and future use of said President of the potential hazard to human Filipinos. ICCs/IPs shall
and/or public welfare. bodies of water and lands (c) Aquaculture – fishery Philippines for any specific health or the environment likewise include peoples
These values shall be used bordering them, such as operations involving all purpose or purposes who are regarded as
for air quality for residential, forms of raising and (s) Municipal waste – indigenous on account of
management purposes agricultural, aquacultural, culturing fish and other (e) Grazing land refers to wastes produced from their descent from the
such as determining time commercial, industrial, fishery species in fresh, that portion of the public activities within local populations which
trends, evaluating stages navigational, recreational, brackish and marine water domain which has been set government units which inhabited the country, at
of deterioration or wildlife conservation and areas aside, in view of the include a combination of the time of conquest or
enhancement of the air aesthetic purposes; and suitability of its domestic, commercial, colonization, or at the time
4 | T R A X notes
quality, and in general, 4. vulnerability of surface (d) Fishery Reserve – a topography and institutional and industrial of inroads of non-
used as basis for taking and groundwater to designated area where vegetation, for the raising wastes and street litters indigenous religions and
positive action in contamination from activities are regulated of livestock. cultures, or the
preventing, controlling, or pollutive and hazardous and set aside for (kk) Solid Waste – all establishment of present
abating air pollution; wastes, agricultural educational and research (f) Mineral lands refer to discarded household, state boundaries, who
chemicals and purposes those lands of the public commercial waste, non- retain some or all of their
(d) Ambient air quality – underground storage domain which have been hazardous institutional own social, economic,
the general amount of tanks of petroleum (e) Fishery Refuge and classified as such by the and industrial waste, cultural and political
pollution present in a products; Sanctuaries – a designated Secretary of Natural street sweepings, institutions, but who may
broad area; and refers to area where fishing or Resources in accordance construction debris, have been displaced from
the atmosphere's average (kk) Treatment – any other forms of activities with prescribed and agricultural waste, and their traditional domains
purity as distinguished method, technique, or which may damage the approved criteria, other non-hazardous/non- or who may have resettled
from discharge process designed to alter ecosystem of the area is guidelines and procedure. toxic solid waste. outside their ancestral
measurements taken at the the physical, chemical or prohibited and human Excluding: (1) Waste domains
source of pollution biological and radiological access may be restricted (q) Forest product – identified or listed as
character or composition means timber, pulpwood, hazardous waste of a solid, (a) Ancestral Domains –
of any waste or firewood, bark, tree top, liquid, contained gaseous Subject to Sec. 56 (existing
wastewater to reduce or resin, gum, wood, oil, or semisolid form which property rights upon
prevent pollution; honey, beeswax, nipa, may cause or contribute to effectivity of this Act)
rattan, or other forest an increase in mortality or hereof, refer to all areas
(qq) Water Quality – the growth such as grass, in serious or incapacitating generally belonging to
characteristics of water, shrub, and flowering plant, reversible illness, or ICCs/IPs comprising lands,
which define its use in the associated water, fish, acute/chronic effect on the inland waters, coastal
characteristics by terms of game, scenic, historical, health of persons and areas, and natural
physical, chemical, recreational and geologic other organisms; (2) resources therein, held
biological, bacteriological resources in forest lands Infectious waste from under a claim of
or radiological hospitals; and (3) Waste ownership, occupied or
characteristics by which (w) Selective logging – the resulting from mining possessed by ICCs/IPs, by
the acceptability of water systematic removal of the activities, including themselves or through
is evaluated. mature, over-mature and contaminated soil and their ancestors,
defective trees in such debris. communally or
manner as to leave individually since time
adequate number and (pp) Special wastes – immemorial, continuously
volume of healthy residual household hazardous to the present except when
trees of the desired species wastes interrupted by war, force
necessary to assure a majeure or displacement
future crop of timber, and (t) Open dump – a disposal by force, deceit, stealth or
forest cover for the area wherein the solid as a consequence of
protection and wastes are government projects or
conservation of soil and indiscriminately thrown or any other voluntary
water disposed of without due dealings entered into by
planning and government and private
(bb) Lease – a privilege consideration for individuals/corporations,
granted by the State to a environmental and Health and which are necessary to
person to occupy and standards; ensure their economic,
possess, in consideration social and cultural welfare.
of a specified rental, any (h) Controlled dump – a It shall include ancestral
forest land of the public disposal site at which solid lands, forests, pasture,
domain in order to waste is deposited in residential, agricultural,
undertake any authorized accordance with the and other lands
activity therein minimum prescribed individually owned
standards of site operation whether alienable and
(cc) License – a privilege disposable or otherwise,
granted by the State to a (ff) Sanitary Landfill – a hunting grounds, burial
person to utilize forest waste disposal site grounds, worship areas,
5 | T R A X notes
resources as in any forest designed, constructed, bodies of water, mineral
land, without any right of operated and maintained and other natural
occupation and possession in a manner that exerts resources, and lands which
over the same, to the engineering control over may no longer be
exclusion of others, or significant potential exclusively occupied by
establish and operate a environment impacts ICCs/IPs but from which
wood-processing plant, or arising from the they traditionally had
conduct any activity development and access to for their
involving the utilization of operation of the facility subsistence and traditional
any forest resources activities, particularly the
(q) Leachate – the liquid home ranges of ICCs/IPs
(dd) License agreement – a produced when waste who are still nomadic
privilege granted by the undergo decomposition, and/or shifting cultivators
State to a person to utilize and when water percolate
forest resources within through solid waste (b) Ancestral Lands –
any forest land with the undergoing Subject to Sec. 56 (existing
right of possession and decomposition. It is property rights upon
occupation thereof to the contaminated liquid that effectivity of this Act)
exclusion of others, except contains dissolved and hereof, refer to land
the government, but with suspended materials occupied, possessed and
the corresponding utilized by individuals,
obligation to develop, families and clans who are
protect and rehabilitate members of the ICCs/IPs
the same in accordance since time immemorial, by
with the terms and themselves or through
conditions set forth in said their predecessors-in-
agreement interest, under claims of
individual or traditional
(ee) Permit – a short-term group ownership,
privilege or authority continuously, to the
granted by the State to a present except when
person to utilize any interrupted by war, force
limited forest resources or majeure or displacement
undertake a limited by force, deceit, stealth, or
activity with any forest as a consequence of
land without any right of government projects and
occupation and possession other voluntary dealings
therein entered into by
government and private
individuals/corporations,
including, but not limited
to, residential lots, rice
terraces or paddies,
private forests, swidden
farms and tree lots
INSTITUTIONAL DENR (§§ 34-37) DENR (§ 19) Undersec. for Fisheries Bureau of Forestry DENR (§ 8) National Solid Waste DENR (§ 10) National Commission on
MECHANISMS • Powers & Functions • Primary government and Aquatic Resources (§ Development (BFD) • Powers & Functions: Commission (NSWC) • NIPAS is placed under Indigenous Peoples (NCIP)
(a) Be the primary agency responsible for the 63) • Agency with which all (a) Primary government • Composition (§ 4): the control and • Primary government
government agency implementation and • Position created solely forestry agencies are agency responsible for the (a) DENR administration of the agency responsible for the
responsible for the enforcement of Clean for the purpose of merged into (§ 4) conservation, (b) DILG DENR. formulation and
implementation and Water Act unless attending to the needs of • Powers & Functions: management, (c) DOST • For this purpose, there is implementation of policies,
enforcement of this Act. otherwise provided herein the fishing industry (a) Jurisdiction and development, and proper (d) DPWH hereby created a division plans and programs to
(b) Consult, participate, • Powers & Functions: • Powers & Functions: authority over all forest use of the State's mineral (e) DOH in the regional offices of promote and protect the
cooperate and enter into (a) Prepare a National (a) Set policies and land, grazing lands, and all resources including those (f) DTI the Dept. to be called the rights and well-being of
agreement with other Water Quality Status formulate standards for forest reservations in reservations, watershed (g) DA Protected Areas and the ICCs/IPs and the
6 | T R A X notes
government agencies, or Report; the effective, efficient and including watershed areas, and lands of the (h) MMDA Wildlife Division in regions recognition of their
with affected NGO’s, (b) Prepare an Integrated economical operations of reservations presently public domain; (i) LPG where protected areas ancestral domains as well
people's organizations Water Quality the fishing industry; administered by other (b) Sec. shall have the (j) LCM have been established, as the rights thereto (§ 38)
(POs), or private Management Framework; (b) Exercise overall government agencies or authority to enter into (k) LMM which shall be under the • Powers & Functions
enterprises (c) Prepare a 10-year supervision over all instrumentalities (§ 5) mineral agreements on (l) ABC supervision of a Regional (a) To serve as the primary
(c) Provide the LGUs with Water Quality functions and activities of (b) Protection, behalf of the Gov’t upon (m) TESDA Technical Director. government agency
technical assistance, Management Area Action all offices and development, the recommendation of the (n) PIA • The Service thus through which ICCs/IPs
trainings and a continuing Plan; instrumentalities and management, Dir.; and (o) Representative from established shall manage can seek government
capability-building (d) Prepare and publish a other offices related to regeneration, and (c) Promulgate such rules NGOs whose principal protected areas and assistance and as the
program to prepare them National Groundwater fisheries including its reforestation of forest and regulations as may be purpose is to promote promote the permanent medium, through which
to undertake full Vulnerability Map officers; lands (§ 5); necessary to implement recycling and the preservation, to the such assistance may be
administration of the air incorporating the (c) Establish, with the (c) Regulation and the intent and provisions protection of air and water greatest extent possible of extended;
quality management and prevailing standards and assistance of the director, supervision of the of this Act. quality their natural conditions. (b) To review and assess
regulation within their methodologies; such regional, provincial operation of licensees, (p) Representative from • Powers & Functions of the conditions of ICCs/IPs
territorial jurisdiction. (e) Enforce, review and and other fishery officers lessees and permittees for Mines and Geosciences the recycling industry the Sec. of DENR: including existing laws and
revise Water Quality as may be necessary and the taking or use of forest Bureau (MGB) (§ 9) (q) Representative from (a) To conduct studies on policies pertinent thereto
Environment and Natural Guidelines after due appropriate and organize products therefrom or the • Powers & Functions: the manufacturing or various characteristic and to propose relevant
Resources Office (ENRO) consultation with the the internal structure of occupancy or use thereof (a) Shall have direct packaging industry features and conditions of laws and policies to
(§ 37) concerned stakeholder BFAR; and (§ 5); charge in the • Powers & Functions (§ the different protected address their role in
• Powers & Functions sectors; (d) Perform such other (d) Implementation of administration and 5): areas, using commonalities national development;
(a) To prepare (f) Review and set Effluent functions as may be multiple use and sustained disposition of mineral (a) Prepare the national in their characteristics, (c) To formulate and
comprehensive air quality Standards every 5 years or necessary or proper to yield management in lands and mineral solid waste management classify and define them implement policies, plans,
management programs, sooner; attain the objectives of this forest lands (§ 5); resources and shall framework; into categories and programs and projects for
plans and strategies; (g) Establish Code. (e) Protection, undertake geological, (b) Approve local solid prescribe permissible or the economic, social and
(b) To provide technical Internationally-Accepted development and mining, metallurgical, waste management plans prohibited human cultural development of
assistance and support to Procedures for Sampling Bureau of Fisheries and preservation of national chemical, and other in accordance with its activities in each category the ICCs/IPs and to
the governor or mayor; and Analysis of Pollutants Aquatic Resources (BFAR) parks, marine parks, game researches as well as rules and regulations; in the System; monitor the
(c) To take the lead in all and in coordination with • Reconstituted as a line refuges and wildlife (§ 5); geological and mineral (c) Review and monitor (b) To adopt and enforce a implementation thereof;
efforts concerning air other concerned agencies, bureau under DA (§ 64) (f) Implementation of exploration surveys; the implementation of land use scheme and (d) To request and engage
quality protection and formulate testing • Powers & Functions (§ measures and programs to (b) Dir. shall recommend local solid waste zoning plan in adjoining the services and support of
rehabilitation; procedures and establish 65): prevent kaingin and to the Sec. the granting of management plans; areas for the preservation experts from other
(d) To recommend to the an accreditation system (a) Prepare and implement managed occupancy of mineral agreements to (d) Coordinate the and control of activities agencies of government or
Board air quality for laboratories; a Comprehensive National forest and grazing lands (§ duly qualified persons and operation of local solid that may threaten the employ private experts
standards; (h) Categorize Point and Fisheries Industry 5); shall monitor the waste management boards ecological balance in the and consultants as may be
(e) To coordinate with Non-Point Sources of Development Plan; (g) In collaboration with compliance by the in the provincial and protected areas; required in the pursuit of
other government Water Pollution; (b) Issue licenses for the other bureaus, the contractor of the terms city/municipal levels; (c) To cause the its objectives;
agencies and NGOs in the (i) Classify groundwater operation of commercial effective, efficient and and conditions of the (e) To the maximum preparation of and (e) To issue CADTs/CALTs;
implementation of sources; fishing vessels; economic classification of mineral agreements; extent feasible, utilizing exercise the power to (f) Subject to existing laws,
measures to prevent and (j) Classify or reclassify all (c) Issue identification lands of the public domain (c) May confiscate surety, existing resources, assist review all plans and to enter into contracts,
control air pollution; and water bodies according to cards to fishworkers (§ 5); performance and guaranty provincial, city and proposals for the agreements, or
(f) To exercise such other their Beneficial Usages; engaged in commercial (h) Enforcement of bonds posted through an municipal solid waste management of protected arrangement, with
powers and perform such (k) Exercise jurisdiction fishing; forestry, reforestation, order to be promulgated management plans; areas; government or private
duties and functions as over all aspects of water (d) Monitor and review parks, game and wildlife by the Dir. ; and (f) Develop a model (d) To promulgate rules agencies or entities as may
may be prescribed by law pollution, determine its joint fishing agreements laws, rules, and (d) Dir. may deputize, provincial, city and and regulations necessary be necessary to attain the
or ordinance. location, magnitude, between Filipino citizens regulations (§ 5); when necessary, any municipal solid waste to carry out the provisions objectives of this Act, and
extent, severity, causes, and foreigners who (i) Regulate the member or unit of the management plan that will of this Act; subject to the approval of
LGUs (§ 36) effects and other pertinent conduct fishing activities establishment and PNP, barangay, duly establish prototypes of the (e) To deputize field the President, to obtain
• Powers & Functions information on pollution, in international waters, operation of sawmills, registered NGO, or any content and format which officers and delegate any loans from government
(a) Share the and to take measures, and ensure that such veneer and plywood mills qualified person to police provinces, cities and of his powers under this lending institutions and
responsibility in the using available methods agreements are not and other wood processing all mining activities. municipalities may use in Act and other laws to other lending institutions
management and and technologies to contrary to Philippine plants and conduct studies meeting the requirements expedite its to finance its programs;
maintenance of air quality prevent and abate such commitment under of domestic and world of the National Solid Waste implementation and (g) To negotiate for funds
within their territorial pollution; international treaties and markets of forest products Management Framework; enforcement; and to accept grants,
jurisdiction (l) Exercise supervision convention on fishing in (§ 5); (g) Adopt a program to (f) To fix and prescribe donations, gifts and/or
(b) Implement air quality and control over all the high seas; (j) Establish and operate provide technical and reasonable NIPAS fees to properties in whatever
7 | T R A X notes
standards set by the Board aspects of water quality (e) Formulate and an in-service training other capability building be collected from form and from whatever
in areas within their management; implement a center for the purpose of assistance and support to government agencies or source, local and
jurisdiction (m) Establish a Comprehensive Fishery upgrading and training its local government units in any person, firm or international, subject to
cooperative effort in Research and personnel and new the development and corporation deriving the approval of the
Pollution Adjudication partnership with the Development Program; employees, set aside implementation of source benefits from the President of the
Board (PAB) (Title XIV, Ch. government, LGUs, (f) Establish and maintain adequate funds to enable reduction programs; protected areas; Philippines, for the benefit
2, § 13 of the 1987 academic institutions, civil a Comprehensive Fishery personnel to obtain special (h) Develop and (g) To exact administrative of ICCs/IPs and administer
Administrative Code) society and the private Information System; education and training in implement a program to fees and fines as the same in accordance
• Powers & Functions sector; (g) Provide extensive local or foreign colleges or assist local government authorized in § 21 for with the terms thereof; or
(a) Adjudication of (n) Disseminate development support institutions (§ 11); and units in the identification violation of guidelines, in the absence of any
pollution cases information and conduct services in all aspects of (k) Devise a system, to be of markets for materials rules and regulations of condition, in such manner
educational awareness and fisheries production, approved by the that are diverted from this Act as would endanger consistent with the
value formation programs processing and marketing; Department Head, to disposal facilities through the viability of protected interest of ICCs/IPs as well
and campaigns; (h) Provide advisory evaluate the performance re-use, recycling, and areas; as existing laws;
(o) Promote and services and technical of its employees (§ 12). composting, and other (h) To enter into contracts (h) To coordinate
encourage private and assistance on the environment-friendly and/or agreements with development programs
business sectors the use of improvement of quality of Dept. of Natural Resources methods; private entities or public and projects for the
water quality management fish from the time it is (DNR) (i) Develop a mechanism agencies as may be advancement of the
systems equipment; caught; • Powers & Functions of for the imposition of necessary to carry out the ICCs/IPs and to oversee
(p) Report to Congress (i) Coordinate efforts Sec. of DNR: sanctions for the violations purposes of this Act; the proper
annually the quality status relating to fishery (a) Supervise and control environmental rules and (i) To accept in the name implementation thereof;
of water bodies and other production undertaken by BFD (§ 7) regulations; of the Philippine (i) To convene periodic
pertinent information and the primary fishery (b) Review actions and (j) Manage the Solid Waste Government and in behalf conventions or assemblies
recommend possible producers, LGUs, FARMCs, decisions of BFD (§ 8) Management Fund; of NIPAS funds, gifts or of IPs to review, assess as
legislation, policies and fishery and (c) Promulgate the rules (k) Develop and prescribe bequests of money for well as propose policies or
programs for organizations/cooperative and regulations necessary procedures for the immediate disbursements plans;
environmental s; to implement effectively issuance of appropriate or other property in the (j) To advise the President
management and water (j) Advise and coordinate the provisions of this Code. permits and clearances. interest of the NIPAS, its of the Philippines on all
pollution control; with LGUs on the (§ 9) (l) Review the incentives activities or its services; matters relating to the
(q) Issue rules and maintenance of proper (d) Visitorial powers (§ scheme for effective solid (j) To call on any agency or ICCs/IPs and to submit
regulations for the sanitation and hygienic 44) waste management, for instrumentality of the within sixty (60) days after
effective implementation practices in fish markets purpose of ensuring Government as well as the close of each calendar
of the provisions of this and fish landing areas; relevance and efficiency in academic institutions, non- year, a report of its
Act; (k) Establish a corps of achieving the objectives of government organizations operations and
(r) Issue orders against specialists in collaboration this Act; and the private sector as achievements;
any person or entity and with the DND, DILG, DFA (m) Formulate the may be necessary to (k) To submit to Congress
impose fines, penalties and for the efficient necessary education accomplish the objectives appropriate legislative
other administrative monitoring, control and promotion and and activities of the proposals intended to
sanctions to compel surveillance of fishing information campaign System; carry out the policies
compliance with water activities within Philippine strategies; (k) To submit an annual under this Act;
quality; territorial waters and (n) Establish, after notice report to the President of (l) To prepare and submit
(s) Undertake appropriate provide the necessary and hearing of the parties the Philippines and to the appropriate budget to
protocol with other facilities, equipment and concerned, standards, Congress on the status of the Office of the President;
concerned agencies for training therefor; criteria, guidelines, and protected areas in the (m) To issue appropriate
immediate coordinated (l) Implement an formula that are fair, country; certification as a pre-
responses to water related inspection system for equitable and reasonable, (l) To establish a uniform condition to the grant of
emergency incidents; import and export of in establishing tipping marker of the System, permit, lease, grant, or any
(t) Issue permits, fishery/aquatic products charges and rates that the including an appropriate other similar authority for
clearances and similar and fish processing proponent will charge in and distinctive symbol for the disposition, utilization,
instruments pursuant to establishments; the operation and each category in the management and
this Act; and (m) Coordinate with LGUs management of solid System, in consultation appropriation by any
(u) Exercise such powers and other concerned waste management with appropriate private individual,
and perform such other agencies for the facilities and technologies. government agencies and corporate entity or any
functions as may be establishment of (o) Develop safety nets public and private government agency,
necessary to carry out the productivity enhancing and alternative livelihood organizations; corporation or subdivision
8 | T R A X notes
objectives of this Act. and market development programs for small (m) To determine the thereof on any part or
• Shall gradually devolve programs in fishing recyclers and other sectors specification of the class, portion of the ancestral
to the LGUs, and to the communities to enable that will be affected as a type and style of buildings domain taking into
governing boards the women to engage in other result of the construction and other structures to be consideration the
authority to administer fisheries/economic and/or operation of solid constructed in protected consensus approval of the
some aspects of water activities and contribute waste management areas and the materials to ICCs/IPs concerned;
quality management and significantly to recycling plant or facility. be used; (n) To decide all appeals
regulation, including, but development efforts; (p) Formulate and update (n) Control the from the decisions and
not to be limited to, permit (n) Enforce all laws, a list of non- construction, operation acts of all the various
issuance, monitoring and formulate and enforce all environmentally and maintenance of roads, offices within the
imposition of rules and regulations acceptable materials in trails, waterworks, Commission;
administrative penalties, governing the accordance with the sewerage, fire protection, (o) To promulgate the
when, upon DENR’s conservation and provisions of this Act. For and sanitation systems and necessary rules and
determination, the LGU or management of fishery this purpose, it shall be other public utilities regulations for the
the governing board has resources, except in necessary that proper within the protected area; implementation of this Act;
demonstrated readiness municipal waters, and to consultation be conducted (o) Control occupancy of (p) To exercise such other
and technical capability to settle conflicts of resource by the Commission with all suitable portions of the powers and functions as
undertake such functions use and allocation in concerned industries to protected area and resettle may be directed by the
consultation with the ensure a list that is based outside of said area forest President of the Republic
LGUs (§ 20) NFARMC, LGUs and local on technological and occupants therein, with of the Philippines; and
• Shall share the FARMCs; economic viability. the exception of the (q) To represent the
responsibility in the (o) Develop value-added (q) Encourage private members of indigenous Philippine ICCs/IPs in all
management and fishery-products for sector initiatives, communities area; and international conferences
improvement of water domestic consumption and community participation (p) To perform such other and conventions dealing
quality within their export; and investments resource functions as may be with indigenous peoples
territorial jurisdictions (p) Recommend measures recovery-based livelihood directed by the President and other related
• Powers & Functions for the programs for local of the Philippines, and to concerns. (§ 44)
(thru ENRO): protection/enhancement communities. do such acts as may be (r) To promulgate rules
(a) Monitoring of water of the fishery industries; (r) Encourage all local necessary or incidental to and regulations governing
quality; (q) Assist the LGUs in government agencies and the accomplishment of the the hearing and
(b) Emergency response; developing their technical all local government units purpose and objectives of disposition of cases filed
(c) Compliance with the capability in the to patronize products the System. before it as well as those
framework of the Water development, manufactured using pertaining to its internal
Quality Management management, regulation, recycled and recyclable Protected Area functions and such rules
Action Plan; conservation, and materials; Management Board and regulations as may be
(d) To take active protection of the fishery (s) Propose and adopt (PAMB) (§ 11) necessary to carry out the
participation in all efforts resources; regulations requiring the • Created for each purposes of this Act;
concerning water quality (r) Formulate rules and source separation and post protected area (s) To administer oaths,
protection and regulations for the separation collection, • Powers & Functions: by a summon the parties to a
rehabilitation; and conservation and segregated collection, majority vote: controversy, issue
(e) To coordinate with management of straddling processing, marketing and (a) Decide the allocations subpoenas requiring the
other government fish stocks and highly sale of organic and for budget attendance and testimony
agencies and civil society migratory fish stocks; and designated recyclable (b) Approve proposals for of witnesses or the
and the concerned sectors (s) Perform such other material generated in each funding production of such books,
in the implementation of related functions which local government unit; and (c) Decide matters relating papers, contracts, records,
measures to prevent and shall promote the (t) Study and review of the to planning, peripheral agreements and other
control water pollution. development, following: protection and general document of similar
conservation, (1) Standards, criteria and administration of the area nature as may be material
Business & Industry management, protection guidelines for in accordance with the to a just determination of
Sectors (§ 21) and utilization of fisheries promulgation and general management the matter under
• Coordinate with DENR and aquatic resources. implementation of an strategy investigation or hearing
and LGUs for their duty to integrated national solid conducted in pursuance of
formulate appropriate Fisheries and Aquatic waste management this Act;
incentives for the adoption Resources Management framework; and (t) To hold any person in
procedures that will Councils (FARMCs) (2) Criteria and guidelines contempt, directly or
9 | T R A X notes
preserve and protect our • Shall be formed by for siting, design, indirectly, and impose
water bodies through the fisherfolk operation and appropriate penalties
introduction of innovative organizations/cooperative maintenance of solid waste therefor; and
equipment and processes s and NGOs in the locality management facilities. (u) To enjoin any or all
that reduce if totally and be assisted by the acts involving or arising
eliminate discharge of LGUs and other National Ecology Center from any case pending
pollutants into our water government entities (§ 69) (NEC) (§ 7) before it which, if not
bodies • Powers & Functions of • Powers & Functions: restrained forthwith, may
the Nat’l FARMC (a) Facilitate training and cause grave or irreparable
Linkage Mechanism (§ 22) (NFARMC) (§ 72): education in integrated damage to any of the
• Gov’t Agencies and Their (a) Assist in the ecological solid waste parties to the case or
Respective Powers & formulation of national management; seriously affect social or
Functions: policies for the protection, (b) Establish and manage a economic activity. (§ 69)
(a) PCG in coordination sustainable development solid waste management
with DA and DENR: and management of information data base, in Ancestral Domains Office
enforcement of water fishery and aquatic coordination with the DTI (ADO)
quality standards in resources for the approval and other concerned • Powers & Functions (§
marine waters, set of the Sec.; agencies: 46[a]):
pursuant to this Act, (b) Assist DA in the (1) on solid waste (a) Identification,
specifically from offshore preparation of the generation and delineation and
sources National Fisheries and management techniques as recognition of ancestral
(b) DPWH (thru MWSS, Industry Development well as the management, lands/domains
LWUA, etc.): provision or Plan; and technical and operational (b) Management of
sewerage and sanitation (c) Perform such other approaches to resource ancestral lands/domains
facilities and the efficient functions as may be recovery; and in accordance with a
and safe collection, provided by law. (2) of master plan as well as the
treatment and disposal of • Powers & Functions of processors/recyclers, the implementation of the
sewage within their area the Municipal/City FARMC list of materials being ancestral domain rights of
of jurisdiction (M/CFARMC) (§ 74): recycled or bought by the ICCs/IPs
(c) DA (thru BFAR for the (a) Assist in the them and their respective (c) Issuance, upon the free
prevention and control of preparation of the prices; and prior informed
water pollution for the Municipal Fishery (c) Promote the consent of the ICCs/IPs
development, management Development Plan and development of a recycling concerned, certification
and conservation of the submit such plan to the market through the prior to the grant of any
fisheries and aquatic Municipal Development establishment of a national license, lease or permit for
resources) in coordination Council; recycling network that will the exploitation of natural
with DENR: formulation of (b) Recommend the enhance the opportunity resources affecting the
guidelines for the re-use of enactment of municipal to recycle; interests of ICCs/IPs or
wastewater for irrigation fishery ordinances to the (d) Provide or facilitate their ancestral domains
and other agricultural uses sangguniang bayan/ expert assistance in pilot and to assist the ICCs/IPs
and for the prevention, sangguniang panlungsod modeling of solid waste in protecting the territorial
control and abatement of through its Committee on management facilities; and integrity of all ancestral
pollution from agricultural Fisheries; (e) Develop, test, and domains
and aquaculture activities (c) Assist in the disseminate model waste
(d) DOH: promulgation, enforcement of fishery minimization and
revision and enforcement laws, rules and regulations reduction auditing
of drinking water quality in municipal waters; procedures for evaluating
standards (d) Advise the options.
(e) DOST, in coordination sangguniang
with DENR and others: bayan/panlungsod on DENR (§ 8)
preparation of a program fishery matters through it • Powers & Functions:
for the evaluation, its Committee on Fisheries, (a) Chair the Commission
verification, development if such has been organized; created pursuant to this
and public dissemination and Act;
of pollution prevention (e) Perform such other (b) Prepare an annual
10 | T R A X notes
and cleaner production functions which may be National Solid Waste
technologies assigned by the Management Status
(f) DepEd, CHED, DILG, sangguniang Report;
PIA: assistance and bayan/panlungsod. (c) Prepare and distribute
coordination with DENR in • Powers & Functions of information, education and
the preparation and the Integrated FARMC communication materials
implementation of a (IFARMC) (§ 77): on solid waste
comprehensive program (a) Assist in the management;
preparation of the (d) Establish methods and
Integrated Fishery other parameters for the
Development Plan and measurement of waste
submit such plan to the reduction, collection and
concerned Municipal disposal;
Development Councils; (e) Provide technical and
(b) Recommend the other capability building
enactment of integrated assistance and support to
fishery ordinances to the the LGUs in the
concerned sangguniang development and
bayan/ panlungsod implementation of local
through its Committee of solid waste management
Fisheries, if such has been plans and programs;
organized; (f) Recommend policies to
(c) Assist in the eliminate barriers to waste
enforcement of fishery reduction programs;
laws, rules and regulations (g) Exercise visitorial and
in concerned municipal enforcement powers to
waters; ensure strict compliance
(d) Advice the concerned with this Act;
sangguniang (h) Perform such other
bayan/panlungsod on powers and functions
fishery matters through its necessary to achieve the
Committee on Fisheries, if objectives of this Act; and
such has been organized; (i) Issue rules and
and regulations to effectively
(e) Perform such other implement the provisions
functions which may be of this Act.
assigned by the concerned • Visitorial Powers (§ 9)
sangguniang
bayan/panlungsod. LGU (§ 10)
• Powers & Functions:
(a) Primarily responsible
for the implementation
and enforcement of the
provisions of this Act
within their respective
jurisdictions;
(b) Segregation and
collection of solid waste
shall be conducted at the
barangay level specifically
for biodegradable,
compostable and reusable
wastes;
(c) Collection of non-
recyclable materials and
11 | T R A X notes
special wastes shall be the
responsibility of the
municipality or city.
(2) Henares v. LTFRB: LTFRB and DOTC cannot be compelled to require PUVs to use CNG through mandamus, since the Constitution and the Clean Air Act are both general mandates that do not specifically prescribe the use of any kind of
fuel, particularly the use of CNG by public vehicles.
(3) Oposa v. Factoran, Jr.: Petitioners’ personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility (i.e., every generation has a responsibility to the next to preserve that
rhythm and harmony for full enjoyment of a balanced and healthful ecology) insofar as the right to a balanced and healthful ecology is concerned.
(4) Cariño v. Insular Gov’t: When, as far back as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest,
and never to have been public land (native title).
(5) SJS v. Atienza: Mandamus lies to compel a City Mayor to enforce an ordinance reclassifying an area from industrial to commercial and directing the owners and operators of businesses disallowed therein to cease and desist from
operating their businesses within 6 months from the date of effectivity of the ordinance
(6) Chavez v. PEA: A stipulation in a joint venture agreement that would transfer the subject reclaimed lands to a private corporation is void for being contrary to Sec. 3, Art. XII of the 1987 Constitution.
(7) Tano v. Socrates: Since one of the devolved powers of LGUs under the LGC is the enforcement of fishery laws in municipal waters, the ordinance banning the shipment of all live fish and lobster outside Puerto Prinsesa for 5 years and a
resolution prohibiting the catching, gathering, possessing, buying, selling, and shipment of several species of live marine coral-dwelling aquatic organisms for 5 years, are valid.
(8) Manila Prince Hotel v. GSIS: Art. XII, Sec. 10, par. 2 of the 1987 Constitution, providing for the preference to qualified Filipinos, in the grant of rights, privileges, and concessions covering the national economy and patrimony, is a self-
executing provision.
(9) Miner’s Association of the Philippines v. Factoran, Jr.: The State, in the exercise of its police power, may not be precluded by the constitutional restriction on non-impairment of contract from altering, modifying and amending the mining
leases or agreements granted.
(10) Alvarez v. PICOP Resources: Licenses concerning the harvesting of timber in the country's forests are but a mere privilege granted by the State, and cannot be considered contracts.
(11) Alcantara v. Commission on Settlement of Land Problems: The cancellation of an FLGLA that was granted in violation of Sec. 1 of PD No. 410 (which provides that all unappropriated agricultural lands forming part of the public domain
are declared part of the ancestral lands of the indigenous cultural groups occupying the same, and these lands are further declared alienable and disposable, to be distributed exclusively among the members of the indigenous cultural
group concerned) is proper.
(12) Cheesman v. IAC: A land sold to spouses where one is an alien cannot be held to be conjugal property, for to do so would be to give the alien spouse a substantial interest and right over the land which the Constitution prohibits him
from having.
(13) Corpuz v. Sps. Grospe: The voluntary surrender or waiver of land reform rights in favor of the Samahang Nayon is valid because such action is deemed a legally permissible conveyance in favor of the government, pursuant to PD 27,
which provides that title to land acquired pursuant to the land reform program shall not be transferrable except through hereditary succession or to the government.
25 | T R A X notes
(14) People v. Maceren: Fisheries Administrative Order No. 84-1, penalizing electro-fishing in fresh water fisheries, is void since the Sec. of Agriculture and Natural Resources is without authority to issue the same sans the express
prohibition of electro-fishing under the Fisheries Law (NOTE: the law has since been amended to penalize electro-fishing).
MIDTERMS
(1) Republic v. Lee: The bare assertion that respondent’s predecessors-in-interest had been in possession of the property for more than 20 years found in respondent’s declaration is hardly the “well-nigh incontrovertible” evidence
required in cases of this nature.
(2) Reynante v. CA: An accretion (by alluvion) to registered land does not preclude acquisition of the additional area by another person through acquisitive prescription, should the owner fail to register such within the period prescribed
by law.
(3) Sec. of DENR v. Yap: In keeping with the presumption of state ownership, there must be a positive act of the government, such as an official proclamation, declassifying inalienable public land into disposable land for agricultural or
other purposes before such land becomes alienable and disposable.
(4) Junio v. De los Santos: Resort to Sec. 110 (adverse claim) instead of Sec. 57 (annotation of transfer) of the Land Registration Act is proper where there is refusal to surrender the owner’s duplicate certificate.
(5) Vda. de Arceo v. CA: PD 1529 confers upon the trial courts the authority to act not only over applications for original registration, but also over all petitions filed after original registration of title, with power to hear and determine all
questions arising from such applications or petitions.
(6) Krivenko v. RD: An alien cannot acquire residential lands under the Constitution, since the prohibition therein (Sec. 1, Art. XIII, 1935 Constitution), is construed as including residential lands.
(7) Halili v. CA: A prior invalid transfer of land to an alien, contrary to Sec. 5, Art. XII of the 1987 Constitution, can no longer be assailed when the disputed land falls unto the hands of a qualified Filipino.
(8) De Castro v. Tan: A sale of land to an alien can no longer be annulled on the ground of a violation of the Constitution where the subject land has already become the property of a naturalized Filipino.
(9) Republic v. IAC: A conveyance of a residential land to an alien prior to his naturalization is valid upon his acquisition of Philippine citizenship.
(10) Republic v. Manna Properties: The non-compliance of the jurisdictional requirement for original registration on the conduct of hearing, which shall not be earlier than 45 days but not later than 90 days from the issue of order of the
initial hearing (Sec. 23 of PD 1529), attributable not the applicant but to the LRA, does not prejudice said applicant.
(11) Baranda v. Gustilo: The duty of an RD to annotate or annul a notice of lis pendens in a Torrens certificate of title is ministerial in nature.
(12) Almirol v. RD: The RD is entirely precluded by Sec. 4, RA 1151 from exercising his personal judgment and discretion when confronted with the problem of whether to register a deed or instrument on the ground that it is invalid, and
his recourse is merely to submit and certify the question to the Commissioner of Land Registration, who shall, after notice and hearing, enter an order prescribing the step to be taken on the question.
(13) Worcester v. Ocampo: Since under the Torrens system, a deed of transfer produces no effect except from the moment of registration (Sec. 51 of Art 496), a levy and sale by the sheriff, conducted after the execution of the deed of sale
but registered first, takes precedence over the latter.
(14) Sps. Vallido v. Sps. Pono: Although it is a recognized principle that a person dealing on a registered land need not go beyond its certificate of title, it is also firmly settled rule that where there are circumstances which would put a party
on guard and prompt him to investigate or inspect the property being sold to him, such as the presence of occupants/ tenants thereon, it is expected from the purchaser of a valued piece of land to inquire first into the status or nature of
possession of the occupants; and failure to do so would mean negligence on his part that would preclude him from invoking the rights of a purchaser in good faith.
(15) De Leon v. Ong: A buyer who was not aware of any interest in or a claim on the properties other than a mortgage which she undertook to assume is a buyer in good faith.
(16) Gustilo v. Maravilla: Since the Land Registration Act only protects the holder in good faith and cannot be used as a shield for frauds, a purchaser who was aware of the existence of a lease on the subject property is bound to respect the
same, notwithstanding the absence of annotation of such lease.
(17) Hernandez v. Vda. de Salas: Since registration is the operative act that gives validity to the transfer, or creates a lien on the land, and because a purchaser, on execution sale, is not required to go behind the registry to determine the
conditions of the property, a purchase made prior to the execution sale but was never registered must give way to the registered execution sale.
(18) Ruiz v. CA: Knowledge of a prior unregistered interest has the effect of registration.
(19) Bureau of Forestry v. CA: Classification or reclassification of public lands into alienable or disposable, mineral or forest lands is now a prerogative of the Executive Department of the government, through the Office of the President,
and not of the courts.
26 | T R A X notes