Professional Documents
Culture Documents
Environmental Laws 3-7
Environmental Laws 3-7
(a) discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid
substances and other harmful substances from or out of any ship, vessel, barge, or
any other floating craft, or other man-made structures at sea, by any method, means
or manner, into or upon the territorial and inland navigable waters of the Philippines;
(c) deposit or cause, suffer or procure to be deposited material of any kind in any
place on the bank of any navigable water or on the bank of any tributary of any
navigable water, where the same shall be liable to be washed into such navigable
water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby
navigation shall or may be impeded or obstructed or increased the level of pollution
of such water.
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Presidential Decree No. 1067 or the Water Code of the Philippines
d. All other categories of surface waters such as water flowing over lands, water
from rainfall whether natural or artificial, and water from agriculture runoff, seepage
and drainage;
e. Atmospheric water;
g. Seawater.
ARTICLE 6. The following waters found on private lands also belong to the State:
The owner of the land where the water is found may use the same for domestic
purposes without securing a permit, provided that such use shall be registered, when
required by the Council. The Council, however, may regulate such use when there is
wastage, or in times of emergency.
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Section 1. The Water Resources Committee under Article XI, Chapter I, Part X of the
Integrated Reorganization Plan shall be renamed National Water Resources Council,
hereinafter called the Council, and attached to the Department of Public Works,
Transportation and Communications (DPWTC).
Section 2. The Council shall have the following functions, duties, and powers:
b. Determine, adjudicate, and grant water rights amending, for this purpose, Act No.
2152, and other laws relating to the appropriation and utilization of surface ground
water;
1) General criteria, methods, and standards for basic data collection, project
investigation, formulation, planning and design, and feasibility evaluation; and
2) Rules and regulation for the exploitation and optimum utilization of water
resources, including the imposition on water appropriators of such fees or charges
as may be deemed necessary by the council for water resources development;
d. Review and approve water resources development plans and programs of any
agency within the context of the overall national plans and program;
e. Undertake river basin survey, inventory and appraisal of water and related
resources and develop comprehensive basin-wide of storage and control to
maximize the conservation and multi-purpose use of water in the basin;
g. Conduct and/or promote special studies and researches with other government or
private agencies on all related aspects of water resources development such as
weather modification, environmental quality, desalination, and the like.
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a. Appraise and/or advise the National Economic and Development Authority (NEDA)
on matters pertaining to water resources development projects and programs;
Provided, That the National Economic and Development Authority, in the exercise of
its sound discretion, may increase or decrease the membership of the Council.
The members of the Council shall receive a reasonable amount of per diem as the
Council may provide for every meeting actually attended by them.
Section 4. The Council shall have a working staff which shall function under the
supervision and control of an Executive Director, who shall be appointed by the
President of the Philippines upon recommendation of the Council. The Executive
Director shall receive a salary as may be fixed by the Council. Initially, the Water
Resources Survey Division of the Bureau of Public Works, shall be the working staff
of the Council. The appropriate personnel, records, functions, and applicable
appropriations, properties, and facilities of the Division shall be transferred to the
Council within the current fiscal year. The Council shall fully organized and expand
its working staff, and shall fix the salaries remunerations, including per diems and
allowances of the personnel, subject to existing requirements, but exempt from
WAPCO and Civil Service rules and regulations, insofar as technical positions are
concerned; provided that the personnel shall be entitled to benefits and privileges
normally accorded government employees, such as retirement, GSIS insurance, leave
and similar matters.
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“SEC. 28. Abolitions/Transfers.- Compliance into the following is hereby prescribed:
(a) The Pasig River Development Council is hereby abolished and its flood control
functions are transferred to the pertinent Bureau, Services, and Regional Office of the
Department.
(b) The Rural Waterworks Development Corporation is hereby abolished and its
functions and assets transferred to the Local Water Utilities Administration in
accordance with Section 29 to 31 hereof.
(c) The National Water Resources Council is hereby renamed and reorganized as the
National Water Resources Board and shall continue to be attached to the
Department: Provided; That all of its technical functions are hereby transferred to the
Bureau of Research and Standards and other offices as deemed appropriate by the
Secretary.”
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carriers, that are in transit shall be required of a clearance from the Plant Quarantine
Officers assigned at the port concerned.
Section 6. Exportation of plants and plant products. The Director and/or Plant
Quarantine Officers shall cause the inspection and phytosanitary certification of all
plants, plant products and other related materials capable of harboring plant pests, if
the importing country so requires.
Section 8. Domestic Quarantine of plants and plant products. In order to prevent and
arrest the spread to other areas, of injurious plant pests existing in certain localities
within thePhilippines, the Director, and/or the Plant Quarantine Officers shall cause
the inspection; treatment, if necessary; and certification of plants and plant products
involved in the movement from one locality to another within the country.
In cases where it is necessary to contain plant pest(s) the Director may limit the
movement of certain plants and/or plant products.
Section 18. The Plant Quarantine Board. For the purpose of carrying out the
provisions of this Decree, a Plant Quarantine Board is hereby created composed of
the following:
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Presidential Decree No, 813 enacted in 1975
WHEREAS, rapid expansion of Metropolitan Manila, the suburbs and the lakeshore town of
Laguna de Bay, combined with current and prospective uses of the lake for municipal-industrial
water supply, irrigation, fisheries, and the like, have created deep concern on the part of the
Government and the general public over the environment impact of such development on the
water quality and ecology of the lake and its related river systems;
WHEREAS, inflow of polluted water from the Pasig River, industrial, domestic and agricultural
wastes from developed areas around the lake and the increasing urbanization have induced the
deterioration of the lake and water quality studies have shown that the lake will deteriorate further
if steps are not taken to check the same;
WHEREAS, floods in Metropolitan Manila area and the lakeshore towns are also influenced by
the hydraulic system of the Laguna de Bay, and any scheme of controlling the floods will
necessarily involve the lake and its river systems;
WHEREAS, the Laguna Lake Development Authority is empowered under Republic Act No.
4850 to conserve and develop the resources of the Laguna de Bay region to promote socio-
economic well-being of the people but in the exercise of these functions, deficiencies and
ambiguities in the present provisions of the law were found which impede the accomplishment of
the Authority's goal;
WHEREAS, under existing laws, other government agencies have varying degrees of jurisdiction
and control of the lake resulting in problems of coordination, planning and management thereby
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hampering the efforts of the Authority to plan and implement its overall development plans for
conservation and utilization of the lake resources in accordance with the provisions of its
character;
WHEREAS, in view of the foregoing consideration, the passage into law of the amendments
embodied in this Decree is necessary;
Section 1. Section one of Republic Act Numbered Forty-Eight Hundred and Fifty is hereby
amended to read as follows:
"Sec. 1. Declaration of Policy. It is hereby declared to be the national policy to promote, and
accelerate the development and balanced growth of the Laguna Lake area and the surrounding
provinces, cities and towns hereinafter referred to as the region, within the context of the national
and regional plans and policies for social and economic development and to carry out the
development of the Laguna Lake region with due regard and adequate provisions for
environmental management and control preservation of the quality of human life and ecological
systems, and the prevention of undue ecological disturbances, deterioration and pollution."
Section 2. The title and paragraphs (a), (d), (f), and (i) of Section 4 of the same Act is hereby
amended to read as follows:
"Sec. 4. Special Powers and Functions. The Authority shall exercise and perform the following
powers and functions:
"(a) To make a comprehensive survey of the physical and natural resources and
potentialities of the Laguna Lake region particularly its social and economic conditions,
hydrologic characteristics, power potentials, scenic and tourist spots, regional problems,
and on the basis thereof, to draft a comprehensive and detailed plan designed to
conserve and utilize optimally the resources within the region particularly Laguna de Bay,
to promote the region's rapid social and economic development and upon approval by
the National Economic and Development Authority (NEDA) Board of such plan, to
implement the same including projects in line with said plan: Provided, That
implementation of all fisheries plans and programs of the authority shall require prior
consensus of the Bureau of Fisheries and Aquatic Resources to ensure that such plans
and programs are consistent with the national fisheries plans and programs. For the
purpose of the said survey, public agencies shall submit and private entities shall provide
necessary data except such data which under existing laws are deemed inviolable.
"(d) To pass upon and approve or disapprove all plans, programs, and projects proposed
by local government offices/agencies within the region, public corporations, and private
persons or enterprises where such plans, programs and/or projects are related to those
of the Authority for the development of the region as envisioned in this Act. The Authority
shall issue the necessary clearance for approved proposed plans, programs, and
projects within thirty days from submission thereof unless the proposals are not in
consonance with those of the Authority or that those will contribute to the unmanageable
pollution of the Laguna Lake waters or will bring about the ecological imbalance of the
region: Provided, further, That the Authority is hereby empowered to institute necessary
legal proceeding against any person who shall commence to implement or continue
implementation of any project, plan or program within the Laguna de Bay region without
previous clearance from the Authority: Provided, furthermore, That any local government
office, agency, public corporation, private person, or enterprise whose plans, programs
and/or projects have been disapproved by the Authority may appeal the decision of the
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Authority to the NEDA within fifteen (15) days from receipt of such disapproval whose
decision on the matter shall be final. Reasonable processing fees as may be fixed by the
Authority's Board of Directors shall be collected by the Authority for the processing of
such plans, programs and/or projects: Provided, finally, That expansion plans shall be
considered as new plans subject to review of the Authority and to payment of the
processing fees.
The Authority and national and local government offices, agencies and public
corporations shall coordinate their plans, programs, projects and licensing procedures
with respect to the Laguna Lake region for the purpose of drawing up a Laguna Lake
development plan which shall be binding upon all parties concerned upon approval of the
NEDA board.
"(f) To plan, program, finance and/or undertake infrastructure projects such as river, flood
and tidal control works, waste water and sewerage works, water supply, roads,
portworks, irrigation, housing and related works, when so required within the context of
its development plans and programs including the readjustment, relocation, or
resettlement of population within the region as may be deemed necessary and beneficial
by the Authority: Provided, That should any project be financed wholly or in part by the
Authority, it is hereby authorized to collect reasonable fees and tolls as may be fixed by
its Board of Directors subject to the approval of the NEDA Board from users and/or
beneficiaries thereof to recover costs of construction, operation and maintenance of the
projects: Provided, further, That if the Authority should find it necessary to undertake
such infrastructure projects which are classified, as social overhead capital projects as
determined by NEDA, the Authority shall be authorized to receive financial assistance
from the government in such amount as may be necessary to carry out the said projects
subject to such terms and conditions that may be imposed by the government, upon
recommendation of the NEDA Board: Provided, finally, That such amount as may be
necessary for the purpose is hereby authorized to be appropriated out of the funds of the
National Treasury not otherwise appropriated."
Section 3. Section 4 of the same Act is hereby further amended by adding thereto seven new
paragraphs to be known as paragraphs (j), (k), (l), (m), (o), and (p) which shall read as follows:
"(j) The provisions of existing laws to the contrary notwithstanding, to engage in fish
production and other aqua-culture projects in Laguna de Bay and other bodies of water
within its jurisdiction and in pursuance thereof to conduct studies and make experiments,
whenever necessary, with the collaboration and assistance of the Bureau of Fisheries
and Aquatic Resources, with the end in view of improving present techniques and
practices. Provided, that until modified, altered or amended by the procedure provided in
the following subparagraph, the present laws, rules and permits or authorizations remain
in force;"
"(k) For the purpose of effectively regulating and monitoring activities in Laguna de Bay,
the Authority shall have exclusive jurisdiction to issue new permit for the use of the lake
waters for any projects or activities in or affecting the said lake including navigation,
construction, and operation of fishpens, fish enclosures, fish corrals and the like, and to
impose necessary safeguards for lake quality control and management and to collect
necessary fees for said activities and projects: Provided, That the fees collected for
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fisheries may be shared between the Authority and other government agencies and
political sub-divisions in such proportions as may be determined by the President of the
Philippines upon recommendation of the Authority's Board: Provided, further, That the
Authority's Board may determine new areas of fishery development or activities which it
may place under the supervision of the Bureau of Fisheries and Aquatic Resources
taking into account the overall development plans and programs for Laguna de Bay and
related bodies of water: Provided, finally, That the Authority shall subject to the approval
of the President of the Philippines promulgate such rules and regulations which shall
govern fisheries development activities in Laguna de Bay which shall take into
consideration among others the following: socio-economic amelioration of bonafide
resident fishermen whether individually or collectively in the form of cooperatives,
lakeshore town development, a master plan for fishpen construction and operation,
communal fishing ground for lake shore town residents, and preference to lake shore
town residents in hiring laborers for fishery projects."
"(l) To require the cities and municipalities embraced within the region to pass
appropriate zoning ordinances and other regulatory measures necessary to carry out the
objectives of the Authority and enforce the same with the assistance of the Authority;"
"(m) The provisions of existing laws to the contrary notwithstanding, to exercise water
rights over public waters within the Laguna de Bay region whenever necessary to carry
out the Authority's projects;"
"(o) To develop water supply from ground and/or lake water resources for municipal,
agricultural and industrial usages, in coordination with the National Water Resources
Council created by Presidential Decree No. 424 dated March 28, 1974 or its successors
in interests, and to enter into agreements with municipalities, governmental agencies and
corporations and the private sector to supply, distribute and market such water;"
"(p) Undertake studies on the improvement and maintenance of the desirable lake water
quality of Laguna de Bay, and in pursuance thereof, prepare a water quality management
program on a containing basis, subject to the approval of the NEDA, which the Authority
shall carry out with the assistance and support of all national and local government units
involved in water quality management."
Section 4. Two new sections to be known as Section 4-A and 4-B are hereby inserted after
Section 4 and before Section 5 of the same Act which shall read as follows:
"Sec. 4-A. Compensation for damages to the water and aquatic resources of Laguna de Bay and
its tributaries resulting from failure to meet established water and effluent quality standards or
from such other wrongful act or omission of a person, private or public, juridical or otherwise,
punishable under the law shall be awarded to the Authority to be earmarked for water quality
control and management."
"Sec. 4-B. The Authority is hereby empowered to collect annual fees as provided for in Sec. 4-J
herein, for the use of the lake waters and its tributaries for all beneficial purposes including
recreation, navigation and waste disposal purposes. All the fees so collected shall be used for
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the management and development of the lake and its watershed areas: Provided, That the rates
for the fees to be collected shall be subject to the approval of the President of the Philippines.
Section 5. Section 5, Paragraph (f) and (i) of the same act is amended to read as follows:
"(f) To acquire, buy, purchase, hold or lease, such personal and real property as it deems
necessary or convenient in the transaction of its business and/or in relation with the
carrying out of it purposes under this Act; to lease, mortgage, sell, alienate, or otherwise
encumber, utilize, exploit or dispose any such personal and real property held by it,
subject to prior or existing individual or communal right of private parties or of the
government or any agency or enterprise thereof."
"(i) To purchase, hold, alienate, mortgage, pledge or otherwise dispose of the shares of
the capital stock of, or any bond, securities, or other evidence of indebtedness created by
any other corporation, co-partnership, or government agencies or instrumentalities; and
while the owner of said stock exercise all the rights of ownership, including the right to
vote thereon; Provided, That the Authority shall not invest its funds in any highly risky
debt instruments issued without recourse to commercial banks or investment houses as
well as in any highly speculative stocks.
Section 6. Section 5 of the same Act is further amended by adding a new paragraph thereto to
be known as paragraph (k) which shall read as follows:
"(k) To issue such rules and regulations as may be necessary to effectively carry out the
powers and purposes herein provided including the plans, programs and projects of the
Authority, subject to the approval of the NEDA, the same to take effect thirty (30) days
after publication thereof, in a newspaper of general circulation."
"Sec. 6. Capitalization and Financing. The Authority shall have an authorized capital of One
Hundred Million Pesos (P100,000,000) of which the amount of Fifty-One Million Pesos
(P51,000,000), shall be subscribed by the national government and Forty-Nine Million Pesos
(P49,000,000) shall be subscribed by cities, provinces, municipalities, government corporations
and private investors: Provided, That at least twenty-five percent of the national government's
subscription shall be fully paid: That at least twenty-five percent of the national government's
subscriptions shall be fully paid: Provided, further, That the authorized capital stock may be
increased upon the recommendation of NEDA.
"The authorized capital stock of One Hundred Million Pesos (P100,000,000) shall be divided into
One Million (1,000,000) shares of stock with a par value of One Hundred Pesos (P100) per
share.
"The shares of stock of the Authority shall be divided into (1) 700,000 common shares (voting)
and (2) 300,000 preferred shares (non-voting) with such fixed rates of return as shall be
determined by the Board. Of the common shares of 700,000 a minimum of 400,000 shares shall
be subscribed by the national government and at least sixty per cent of the balance shall be
subscribed by the Province of Laguna and Rizal in such proportion as may be agreed upon by
both provincial governments in accordance with their respective financial capacities. The
remaining balance of the common shares shall be open for subscription to cities, provinces,
municipalities and private investors.
"Of the preferred shares of stock of 300,000 a minimum of 110,000 shares shall be subscribed
by the national government. The balance of the preferred shares shall be available for
subscription to cities, provinces, municipalities, government corporations, and private investors:
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Provided, however, That preferred shares shall enjoy preference with respect to distribution of
dividends and assets in case of dissolution.
"Sec. 8. Operating Expenses. For the operating expenses of the Authority, the sum of One
Million Pesos (P1,000,000) is hereby appropriated annually for five (5) years from the general
fund of the National Government not otherwise appropriated from the date of approval of this
Decree.
"The Board of Directors may appropriate out of the funds of the Authority such sums as may be
needed or necessary for its operating expenses.
"Sec. 9. Power to Incur Debts and to Issue Bonds. Whenever the Board of Directors may deem it
necessary for the Authority to incur an indebtedness or to issue bonds to carry out the provisions
of this Act, it shall by resolution so declare and state the purpose for which the proposed debt is
to be incurred. The resolution shall be confirmed by the affirmative vote of the stockholders
representing a majority of the subscribed capital stock outstanding and entitled to vote.
"The Authority shall submit to the NEDA Board and the Monetary Board of the Central Bank for
approval its proposal to incur indebtedness or to issue bonds. This shall be considered
authorized upon approval of the President of the Philippines.
"Sec. 15. Incorporation. The members of the first Board of Directors shall be elected by the
stockholders and the incorporation shall be held to have been effected from the date of the first
meeting of such Board."
"Sec. 16. Board of Directors: Composition. The corporate powers shall be vested in and
exercised by a Board of Directors, hereinafter referred to as the Board, which shall be composed
of eight (8) members, to wit: the Executive Secretary; the Secretary of Economic Planning; the
Secretary of Natural Resources; the Secretary of Industry; a representative of Laguna Province,
who shall be designated by the Provincial Board of Laguna; a representative of Rizal Province to
be designated by its Provincial Board; the General Manager of the Authority to be appointed by
the President of the Philippines, and a representative of the private investors, likewise to be
appointed by the President of the Philippines from among a list of recommendees to be
submitted by the private investors; Provided, That the incumbent representative of the private
investors shall continue as member until the President appoints his successor. The Board of
Directors shall elect annually from among their members a Chairman and a Vice-Chairman.
There shall be a Corporate Secretary who shall be appointed by the Board.
The officials next in rank to the above-mentioned members shall serve as permanent alternate
members and shall attend meetings of the Board in the absence of their principal and receive the
corresponding per diems.
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"Sec. 21. Qualifications of Directors. All members of the Board shall be citizens and residents of
the Philippines. They shall have demonstrated executive competence and experience in the field
of public administration, economic planning, resource management, or in the establishment and
management of large agricultural, industrial or commercial enterprises. No person shall be
nominated as member of the Board unless he be of unquestioned integrity and competence."
"Sec. 24. Board Meetings. The Board shall meet at least once a month. The Board shall be
convoked by the Chairman or upon written request signed by a majority of the members."
"Sec. 25. Per Diems and Allowances. The members of the Board shall receive for every meeting
attended a per diem to be determined by the Board: Provided, That in no case will the total
amount received by each exceed the sum of One Thousand Pesos (P1,000.00) for any month.
Members of the Board shall be entitled to commutable transportation and representation
allowances in the performance of official functions for the Authority as authorized by the Board
the aggregate amount of which shall not exceed One Thousand Pesos (P1,000.00) for any
month."
Section 16. A new section to be known as Section 25-A is hereby inserted after Section 25 to
read as follows:
(a) To formulate, prescribe, amend and repeal rules and regulations to govern the
conduct of business of the Authority;
(b) To appoint and fix the compensation of all officials from division heads and above,
and others of comparable rank including the Assistant General Manager upon the
recommendation of the General Manager;
(c) By a majority vote of all members of the Board, to suspend, remove or otherwise
discipline for just cause all officials appointed by the Board;
(d) To approve the annual and/or supplemental budget of the Authority; and
(e) To do such other acts and perform such other functions as may be necessary to carry
out the provisions of this Charter."
The General Manager shall be the chief executive of the Authority. As such, he shall have the
following powers and duties:
(a) Submit for consideration of the Board the policies and measures which he believes to
be necessary to carry out the purposes and provisions of this Act;
(b) Execute and administer the policies, plans, programs and projects approved by the
Board;
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(c) Direct and supervise the operation and internal administration of the Authority. The
General Manager may delegate certain of his administrative responsibilities to other
officers of the Authority subject to the rules and regulations of the Board;
(d) Appoint officials and employees below the rank of division heads to positions in the
approved budget upon written recommendation of the division head concerned using as
guide the standard set forth in the Authority's merit system;
(e) Submit quarterly reports to the Board on personnel selection, placement and training;
(f) Submit to the NEDA an annual report and such other reports as may be required,
including the details of the annual and supplemental budgets of the Authority; and
"Sec. 29. Compensation. The General Manager shall receive a compensation of at least Thirty-
Six Thousand Pesos (P36,000.00) per annum which shall be charged against the annual
appropriation of the Authority for operating expenses. The Board of Directors may provide per
diems and allowances for the General Manager."
In carrying out the activities of the Authority, the General Manager shall be assisted by an
Assistant General Manager who shall have such powers, duties, and functions that may be
delegated to him by the General Manager, and shall act as General Manager in the absence of
or during the temporary incapacity of and/or until such time as a new General Manager is duly
appointed.
"The Authority shall have the following divisions under the direct supervision and control of the
General Manager;
(a) An Administrative Division which shall be responsible for providing services relating to
personnel, training, information, records, supplies, general services, equipment and
security;
(b) A Legal Division, to be headed by a Legal Counsel who shall represent the Authority
in legal actions and proceedings. This division shall be responsible for providing staff
advice and assistance on legal matters.
(c) A Finance Division which shall be responsible for providing staff advice and
assistance on budgetary and financial matters, and safekeeping of corporate assets;
(d) A Project Management Division which shall be responsible for the operation of
approved projects, project evaluation and management improvement matters;
(e) A Planning and Project Development Division which shall be responsible for providing
services relating to planning, programming, statistics and project development; and
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(f) An Engineering and Construction Division which shall be responsible for providing
services relating to detailed engineering plans and the construction and maintenance of
project facilities.
"The business and activities of each of these divisions shall be directed by an officer to be known
as its division head."
"The Board may create such other divisions and positions as may be deemed necessary for the
efficient, economical and effective conduct of the activities of the Authority."
"Sec. 32. Merit and Compensation System. All officials, agents and employees of the Authority
shall be selected and appointed on the basis of merit and fitness in accordance with a
comprehensive and progressive merit system to be established by the Authority. The
recruitment, transfer, promotion and dismissal of all personnel of the Authority, including
temporary workers, shall be governed by such merit system: Provided, That the regular
professional and technical personnel of the Authority shall be exempt from the coverage of the
classification and compensation plans of the WAPCO and Civil Service rules and regulations:
Provided, however, That such personnel shall be permanent in status and shall be entitled to the
benefits and privileges normally accorded to government employees, such as retirement, GSIS
Insurance, leave and similar matters: Provided, further, That the Director General of the NEDA
shall review and recommend the approval of the staffing pattern for professional and technical
personnel of the Authority including modifications thereof as may be necessary for five years
from the date of approval of this Decree.
Section 25. Three new sections to be known as Section 34-A, Section 34-B and Section 34-C
are hereby inserted after Section 34 and before Section 35 which shall read as follows:
"Sec. 34-A. Supervision by the NEDA. The Authority shall be directly under the NEDA for policy
and program integration.
"Sec. 34-B. Submission of Financial Statement to NEDA. The Authority shall submit audited
financial statements to NEDA within 60 days after the close of the fiscal year, and it shall
continue to operate on the basis of not more than the preceding year's budget until the said
financial statements shall have been submitted.
"Sec. 34-C. Management Audit by the NEDA. The NEDA may, at its own instance, initiate a
management audit of the Authority when there is a reasonable ground to believe that the affairs
of the Authority have been mismanaged. Should such audit indicate mismanagement, the NEDA
shall take such appropriate measures as may be required by circumstances."
Section 27. After Section 39, a new section shall be added to be known as Section 39-A which
shall read as follows:
"Sec. 39-A: Penal and Civil Liability Clause. Any person, natural or juridical, who shall violate any
of the provisions of this Act or any rule or regulation promulgated by the Authority pursuant
thereto shall be liable to imprisonment of not exceeding three years or to a fine not exceeding
Five Thousand Pesos or both at the discretion of the court.
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"If the violator be a corporation, partnership or association, the officer or officers of the
organization concerned shall be liable therefor.
"The Authority is hereby authorized to pursue separate civil actions for damages resulting from
infractions of the provisions of this Act, rules or regulations issued pursuant thereto and/or
conditions embodied in the clearances or permits issued by the Authority."
Section 28. After Section 40 of the same Act a new section shall be added to be known as
Section 4-A which shall read as follows:
"Sec. 40-A. Transitory Provision. When the Regional Development Council for the region
becomes operational, the socio-economic planning functions as envisioned under this Chapter
shall be assumed by the aforementioned Regional Development Council in accordance with the
provisions of the Integrated Reorganization Plan, as amended. All incumbent officials and
employees shall continue in office and those qualified shall have preference in filling up new
positions that may be created as a consequence of this Decree."
Section 29. Section 41 of the same Act is hereby amended by adding thereto a new paragraph,
to be known as paragraph (11) which shall read as follows:
"(11) Laguna Lake or Lake. Whenever Laguna Lake or lake is used in this Act, the same shall
refer to Laguna de Bay which is that area covered by the lake waters, when it is at the average
annual maximum lake level of elevation 12.50 meters, as referred to a datum 10.00 meters below
mean lower low water (M.L.L.W.). Lands located at and below such elevation are public lands
which form part of the bed of said lake."
WHEREAS, the land and the waters of the Laguna Lake Region are limited natural
resources requiring judicious management for their optimal utilization to insure
renewability and to preserve the ecological balance;
WHEREAS, the increasing pressure of urban growth and development dictate the
need for a more rational allocation of the limited land and lake resources of the
region responsive to the demands of the various beneficial users thereof;
WHEREAS, the competing options for the use of such resources and conflicting
jurisdictions over such uses are creating undue constraints on the institutional
capabilities of LLDA in the light of the limited powers vested in it by its charter;
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WHEREAS, for LLDA to effectively perform its role, a thorough corporate
reorganization aimed at: regrouping its various units for better administrative control
and direction; expansion of its field offices; strengthening of its linkages with other
government and private institutions; broadening of its financial base and revenue
generations; and, enlarging its prerogatives of monitoring, licensing and
enforcement, would be necessary.
SECTION 2. Water Rights Over Laguna de Bay and Other Bodies of Water within the
Lake Region. To effectively regulate and monitor activities in the Laguna de Bay
region, the Authority shall have exclusive jurisdiction to issue permit for the use of all
surface water for any projects or activities in or affecting the said region including
navigation, construction, and operation of fishpens, fish enclosures, fish corrals and
the like.
For the purpose of this Executive Order, the term “Laguna de Bay Region” shall refer
to the Provinces of Rizal and Laguna; the Cities of San Pablo, Pasay, Caloocan,
Quezon, Manila and Tagaytay; the towns of Tanauan, Sto. Tomas and Malvar in
Batangas Province; the towns of Silang and Carmona in Cavite Province; the town of
Lucban in Quezon Province; and the towns of Marikina, Pasig, Taguig, Muntinlupa,
and Pateros in Metro Manila.
17
LLDA. However, after the implementation within the three-years period of the Laguna
Lake Fishery Zoning and Management Plan, the sharing will be modified as follows:
35 percent of the fishpen fee goes to the lakeshore local governments, 5 percent
goes to the Project Development Fund and the remaining 60 percent shall be
retained by LLDA; Provided, however, that the share of LLDA shall form part of its
corporate funds and shall not be remitted to the National Treasury as an exception
to the provisions of Presidential Decree No. 1234.
SECTION 4. Additional Powers and Functions. The Authority shall have the following
powers and functions:
a) Issue standards, rules and regulations to govern the approval of plans and
specifications for sewage works and industrial waste disposal system and the
issuance of permits in accordance with the provisions of this Executive Order;
inspect the construction and maintenance of sewage works and industrial waste
disposal systems for compliance to plans.
b) Adopt, prescribe, and promulgate rules and regulations governing the Procedures
of the Authority with respect to hearings, plans, specifications, designs, and other
data for sewage works and industrial waste disposal system, the filing of reports, the
issuance of permits, and other rules and regulations for the proper implementation
and enforcement of this Executive Order.
18
f) After due notice and hearing, the Authority may also revoke, suspend or modify
any permit issued under this Order whenever the same is necessary to prevent or
abate pollution.
h) Authorize its representative to enter at all reasonable times any property of the
public dominion and private property devoted to industrial, manufacturing,
processing or commercial use without doing damage, for the purpose of inspecting
and investigating conditions relating to pollution or possible or imminent pollution.
i) Exercise such powers and perform such other functions as may be necessary to
carry out its duties and responsibilities under this Executive Order.
19
(P349,000,000) shall be subscribed by the cities, provinces, municipalities,
government corporations, and private investors; Provided, that at least twenty-five
percent (25%) of the national government’s subscription shall be fully
paid; Provided, further, that the authorized capital stock may be increased upon
recommendation of the NEDA and shall come from the fishpen fees.
The authorized capital stock of Seven Hundred Million Pesos (P700,000,000) shall
be divided into Seven Million (P7,000,000) shares of stock with a par value of One
Hundred Pesos (P100) per share.
The shares of stock of the Authority shall be divided into: 1) 4,900,000 common
shares (voting and 2) 2,100,000 preferred shares (non-voting) with such fixed rates
of return as shall be determined by the Board. Of the common shares of 4,900,000, a
minimum of 2,800,000 shares shall be subscribed by the national government and at
least sixty percent (60%) of the balance shall be subscribed by the Province of
Laguna and Rizal in such proportion as may be agreed upon by both provincial
governments in accordance with their respective financial capacities. The remaining
balance of the common shares shall be open for subscription to cities, provinces,
municipalities and private investors.
20
Executive Order No. 149 signed on December 28, 199
(b) The Laguna Lake Development Authority to the Department of Environment and
Natural Resources
SECTION 2. Water Rights Over Laguna de Bay and Other Bodies of Water within the
Lake Region. To effectively regulate and monitor activities in the Laguna de Bay
region, the Authority shall have exclusive jurisdiction to issue permit for the use of all
surface water for any projects or activities in or affecting the said region including
navigation, construction, and operation of fishpens, fish enclosures, fish corrals and
the like.
For the purpose of this Executive Order, the term “Laguna de Bay Region” shall refer
to the Provinces of Rizal and Laguna; the Cities of San Pablo, Pasay, Caloocan,
Quezon, Manila and Tagaytay; the towns of Tanauan, Sto. Tomas and Malvar in
Batangas Province; the towns of Silang and Carmona in Cavite Province; the town of
Lucban in Quezon Province; and the towns of Marikina, Pasig, Taguig, Muntinlupa,
and Pateros in Metro Manila.
Section 4. Special Powers and Functions. The Authority shall exercise perform the following
powers and functions:
(a) To make a comprehensive survey of the physical and natural resources and
potentialities of the Laguna Lake region particularly its social and economic conditions,
hydrologic characteristics, power potentials, scenic and tourist spots, regional problems,
and on the basis thereof, to draft a comprehensive and detailed plan designed to
conserve and utilize optimally the resources within the region particularly Laguna de Bay
to promote the region's rapid social and economic development and upon approval by
the National Economic and Development Authority (NEDA) Board of such plan, to
implement the same including projects in line with said plan: Provided, That
implementation of all fisheries plans and programs of the authority shall require prior
consensus of the Bureau of Fisheries and Aquatic Resources to ensure that such plans
21
and programs are consistent with the national fisheries plans and programs. For the
purpose of said survey, public agencies shall submit and private entities shall provide
necessary data except such data which under existing laws are deemed inviolable.
(b) To provide the machinery for extending the necessary planning, management and
technical assistance to prospective and existing investors in the region;
(c) To make recommendation to the proper agencies on the peso or dollar financing,
technical support, physical assistance and, generally, the level of priority to be accorded
agricultural, industrial and commercial projects, soliciting or requiring direct help from or
through the government or any of its instrumentalities;
(d) To pass upon and approve or disapprove all plans, programs, and projects proposed
by local government offices/agencies within the region, public corporations, and private
persons or enterprises where such plans, programs and/or projects are related to those
of the Authority for the development of the region as envisioned in this Act. The Authority
shall issue the necessary clearance for approved proposed plans, programs, and
projects within thirty days from submission thereof unless the proposals are not in
consonance with those of the Authority or that those will contribute to the unmanageable
pollution of the Laguna Lake waters or will bring about the ecological imbalance of the
region: Provided, further, That the Authority is hereby empowered to institute necessary
legal proceeding against any person who shall commence to implement or continue
implementation of any project, plan or program within the Laguna de Bay region without
previous clearance from the Authority: Provided, furthermore, That any local government
office, agency, public corporation, private person, or enterprise whose plans, programs
and/or projects have been disapproved by the Authority may appeal the decision of the
Authority to the NEDA within fifteen (15) days from receipt of such disapproval whose
decision on the matter shall be final. Reasonable processing fees as may be fixed by the
Authority's Board of Directors shall be collected by the Authority for the processing of
such plans, programs and/or projects: Provided, finally, The expansion plans shall be
considered as new plans subject to review of the Authority and to payment of the
processing fees.
The Authority and national and local government offices, agencies and public
corporations shall coordinate their plans, programs, projects and licensing procedures
with respect to the Laguna Lake region for the purpose of drawing up a Laguna Lake
development plan which shall be binding upon all parties concerned upon approval of the
NEDA board.
(e) To engage in agriculture, industry, commerce, or other activities within the region
which may be necessary or directly contributory to the socio-economic development of
the region, and, for this purposes, whether by itself or in cooperation with private persons
or entities, to organize, finance, invest in, and operate subsidiary
corporations: Provided, That the Authority shall engage only, unless public interest
requires otherwise, in those activities as are in the nature of new ventures or are clearly
beyond the scope, capacity, or interest or private enterprises due to consideration of
geography, technical or capital requirements, returns on investment, and risk;
(f) To plan, program finance/or undertake infrastructure projects such as river, flood and
tidal control works, waste water and sewerage works, water supply, roads, portworks,
irrigation, housing and related works, when so required within the context of its
development plans and programs including the readjustment, relocation or settlement of
population within the region as may be necessary and beneficial by the
Authority: Provided, That should any project be financed wholly or in part by the
Authority, it is hereby authorized to collect reasonable fees and tolls as may be fixed by
its Board of Directors subject to the approval of the NEDA Board from users and/or
22
beneficiaries thereof to recover costs of construction, operation and maintenance of the
projects: Provided, further, That if the Authority should find it necessary to undertake
such infrastructure projects which are classified, as social overhead capital projects as
determined by the NEDA, the Authority shall be authorized to receive financial assistance
from the government in such amount as may be necessary to carry out the said projects
subject to such terms and condition that may be imposed by the government, upon
recommendation of the NEDA Board: Provided, finally, That such amount as may be
necessary for the purpose is hereby authorized to be appropriated out of the funds of the
National Treasury not otherwise appropriated.
(g) To make an annual report to the stockholders regarding the operation of the Authority
more particularly a statement of its financial conditions, activities undertaken, progress of
projects and programs and plans of actions for the incoming years: Provided,
however, That a majority of the stockholders may require the Authority to submit report or
reports other than the annual report herein required, which report must be submitted
within a period of thirty (30) days from notice thereof;
(h) To lend or facilitate the extension of financial assistance and/or act as surety or
guarantor to worthwhile agricultural, industrial and commercial enterprises;
(i) To reclaim or cause to the reclaimed portions of the Lake or undertake reclamation
projects and/or acquire such bodies of land from the lake which may be necessary to
accomplish the aims and purposes of the Authority subject to the approval of the NEDA
Board: Provided, That the land so reclaimed shall be the property of the Authority and
title thereto shall be vested in the Authority: Provided, further, That the resulting lake
shore shall continue to be owned by the national government.
(j) The provisions of existing laws to the contrary notwithstanding, to engage in fish
production and other aqua-culture projects in Laguna de Bay and other bodies of water
within its jurisdiction and in pursuance thereof to conduct studies and make experiments,
whenever necessary, with the collaboration and assistance of the Bureau of Fisheries
and Aquatic Resources, with the end in view of improving present techniques and
practice. Provided, That until modified, altered or amended by the procedure provided in
the following sub-paragraph, the present laws, rules and permits or authorizations remain
in force;
(k) For the purpose of effectively regulating and monitoring activities in Laguna de Bay,
the Authority shall have exclusive jurisdiction to issue new permit for the use of the lake
waters for any projects or activities in or affecting the said lake including navigation,
construction, and operation of fishpens, fish enclosures, fish corrals and the like, and to
impose necessary safeguards for lake quality control and management and to collect
necessary fees for said activities and projects: Provided, That the fees collected for
fisheries may be shared between the Authority and other government agencies and
political sub-divisions in such proportion as may be determined by the President of the
Philippine upon recommendation of the Authority's Board: Provided, further, That the
Authority's Board may determine new areas of fisheries development or activities which it
may place under the supervision of the Bureau of Fisheries and Aquatic taking into
account the overall development plans and programs for Laguna de Bay and related
bodies of water: Provided, finally, That the Authority shall subject to the approval of the
President of the Philippines promulgate such rules and regulations which shall govern
fisheries development activities in Laguna de Bay which shall take into consideration
among others the following: socioeconomic amelioration of bonafide resident fisherman
whether individually or collectively in the form of cooperatives, lakeshore town
development, a master plan for fishpen construction and operation, communal fishing
ground for lakeshore town residents, and preference to lakeshore town residents in hiring
laborers for fishery projects.
23
(l) To require the cities and municipalities embraced within the region to pass appropriate
zoning ordinances and other regulatory measures necessary to carry out the objectives
of the Authority and enforce the same with the assistance of the Authority.
(m) The provisions of existing laws to the contrary notwithstanding, to exercise water
rights over public waters within the Laguna de Bay region whenever necessary to carry
out the Authority's projects;
(o) To develop water supply from ground and/or lake water resources for municipal,
agricultural and industrial usages, in coordination with the National Water Resources
Council created by Presidential Decree No. 424 dated March 28, 1974 or its successors
in interests, and to enter into agreements with municipalities, governmental agencies and
corporations and the private sector to supply, distribute and market such water;
(p) Undertake studies on the improvement and maintenance of the desirable lake water
quality of Laguna de Bay, and in pursuance thereof, prepare a water quality management
program on a continuing basis, subject to the approval of the NEDA, which the Authority
shall carry out with the assistance and support of all national and local government units
involved in water quality management.
Section 4-A. Compensation for damages to the water and aquatic resources of Laguna de Bay
and its tributaries resulting from failure to meet established water and effluent quality standards
or from such other wrongful act or omission of a person, private or public, juridical or otherwise,
punishable under the law shall be awarded to the Authority to be earmarked for water quality
control and management.
Section 149 of Republic Act No. 7160 or the Local Government Code of
1991
SECTION 149. Fishery Rentals, Fees and Charges. – (a) Municipalities shall have the
exclusive authority to grant fishery privileges in the municipal waters and impose
rentals, fees or charges therefor in accordance with the provisions of this section.
(1) Grant fishery privileges to erect fish corrals, oysters, mussels or other aquatic
beds or bangus fry areas, within a definite zone of the municipal waters, as
determined by it: Provided, however, That duly registered organizations and
cooperatives of marginal fishermen shall have the preferential right to such fishery
privileges: Provided, further, That the sangguniang bayan may require a public
bidding in conformity with and pursuant to an ordinance for the grant of such
privileges: Provided, finally, That in the absence of such organizations and
24
cooperatives or their failure to exercise their preferential right, other parties may
participate in the public bidding in conformity with the above cited procedure.
(2) Grant the privilege to gather, take or catch bangus fry, prawn fry or kawag-kawag
or fry of other species and fish from the municipal waters by nets, traps or other
fishing gears to marginal fishermen free of any rental, fee, charge or any other
imposition whatsoever.
(3) Issue licenses for the operation of fishing vessels of three (3) tons or less for
which purpose the sangguniang bayan shall promulgate rules and regulations
regarding the issuances of such licenses to qualified applicants under existing laws;
Provided, however, That the sanggunian concerned shall, by appropriate ordinance,
penalize the use of explosives, noxious or poisonous substances, electricity, muro-
ami, and other deleterious methods of fishing and prescribe a criminal penalty
therefor in accordance with the provisions of this Code: Provided, finally, That the
sanggunian concerned shall have the authority to prosecute any violation of the
provisions of applicable fishery laws.
SECTION 2. Water Rights Over Laguna de Bay and Other Bodies of Water within the
Lake Region. To effectively regulate and monitor activities in the Laguna de Bay
region, the Authority shall have exclusive jurisdiction to issue permit for the use of all
surface water for any projects or activities in or affecting the said region including
navigation, construction, and operation of fishpens, fish enclosures, fish corrals and
the like.
For the purpose of this Executive Order, the term “Laguna de Bay Region” shall refer
to the Provinces of Rizal and Laguna; the Cities of San Pablo, Pasay, Caloocan,
Quezon, Manila and Tagaytay; the towns of Tanauan, Sto. Tomas and Malvar in
Batangas Province; the towns of Silang and Carmona in Cavite Province; the town of
Lucban in Quezon Province; and the towns of Marikina, Pasig, Taguig, Muntinlupa,
and Pateros in Metro Manila.
25
the following manner: 20 percent of the fee shall go the lakeshore local
governments, 5 percent shall go to the Project Development Fund which shall be
administered by a Council and the remaining 75 percent shall constitute the share of
LLDA. However, after the implementation within the three-years period of the Laguna
Lake Fishery Zoning and Management Plan, the sharing will be modified as follows:
35 percent of the fishpen fee goes to the lakeshore local governments, 5 percent
goes to the Project Development Fund and the remaining 60 percent shall be
retained by LLDA; Provided, however, that the share of LLDA shall form part of its
corporate funds and shall not be remitted to the National Treasury as an exception
to the provisions of Presidential Decree No. 1234.
Section 39-A. Penal and Civil Liability Clause. Any person, natural or juridical, who shall
violate any of the provisions of this Act or any rules or regulation promulgated by the
Authority pursuant thereto shall be liable to imprisonment of not exceeding three years or
to a fine not exceeding Five Thousand Pesos or both at the discretion of the Court.
The authority is hereby authorized to pursue separate civil actions for damages resulting
from infractions of the provisions of this Act, rules or regulations issued pursuant thereto
and/or conditions embodied in the clearances or permits issued by the Authority.
26
LLDA Board Resolutions No. 33, Series of 1996, and No. 404, Series of
2011
A RESOLUTION ADOPTING THE FINES AND PENALTIES IMPOSED UNDER SECTION 28 OF REPUBLIC
ACT NO. 9275, OF 2004 AND FOR THIS PURPOSE MODIFYING AND AMENDING SECTION 32 OF
ARTICLE VI OF LLDA BOARD RESOLUTION NO. 33, SERIES OF 1996 WHEREAS, for purposes of
uniformity in the implementation and enforcement of Republic Act No. 9275, otherwise known as
the Philippine Clean Water Act of 2004, and in order to ensure equality in the application and
imposition of penalties for water pollution cases and related acts and omissions in violation thereof
within the Laguna de Bay Region, it is imperative that Section 32 of LLDA Board Resolution No. 33,
Series of 1996, Approving the Rules and Regulations Implementing the Environmental User Fee
System in the Laguna de Bay Region, be modified and amended accordingly; WHEREFORE, premises
considered, on motion duly made and seconded, be it RESOLVED, as it is hereby RESOLVED, that
Section 32 of LLDA Board Resolution No. 33, Series of 1996, Approving the Rules and Regulations
Implementing the Environmental User Fee System in the Laguna de Bay Region, be modified and
amended to read as follows: “Section 32. Penalty for Violating the Prohibited Acts. Any person who
shall violate any provision of Article V of these rules and regulations or any order or decision of this
Authority or for failure to renew the discharge permit within the period specified under Section 13
hereof or shall commit any of the prohibited acts or omissions under Section 27 of Republic Act No.
9275 or its implementing rules and regulations, shall be fined by the General Manager, upon the
recommendation of the Public Hearing Committee, in the amount of not less than Ten thousand
pesos (Php10,000.00) nor more than Two hundred thousand pesos (Php200,000.00) for each day
during which such violation or default continues or by imprisonment of from two (2) years to six (6)
years, or both fine and imprisonment after due notice and hearing, without prejudice to the issuance
of an ex parte order for such closure, suspension or development or construction, or cessation of
operations during the pendency of the case.” “If the violator is a corporation, partnership or
association, the President or Chief Executive Officer of the organization concerned shall be liable
therefore.” RESOLVED, further, that Resolution shall take effect fifteen (15) days after its publication
in a newspaper of general circulation and with the National Administrative Register, UP Law Center.
27
Republic Act No. 6969 or the Toxic Substances and Hazardous
Waste Act
i) In the same form or physical state or in a different form or physical state from that
which it was received by the person so preparing such substance or mixture; or
28
e) Manufacture means the mechanical or chemical transformation of substances
into new products whether work is performed by power-driven machines or by hand,
whether it is done in a factory or in the worker’s home, and whether the products are
sold at wholesale or retail.
h) Hazardous wastes are hereby defined as substances that are without any safe
commercial, industrial, agricultural or economic usage and are shipped, transported
or brought from the country of origin for dumping or disposal into or in transit
through any part of the territory of the Philippines.
SECTION 10. Action by the Secretary of Environment and Natural Resources of his Duly
Authorized Representative. — The Secretary of Environment and Natural Resources or his
duly authorized representative shall, within ninety (90) days from the date of filing of the
notice of manufacture, processing or importation of a chemical substance or mixture, decide
whether or not to regulate or prohibit its importation, manufacture, processing, sale,
distribution, use or disposal. The Secretary may, for justifiable reasons, extend the ninety-day
pre-manufacture period within a reasonable time.
29
SECTION 11. Chemical Substances Exempt from Pre-Manufacture Notification.
— The manufacture of the following chemical substances or mixtures shall be
exempt from pre-manufacture notification:
c) Chemical substances and mixtures that will not present an unreasonable
risk to health and the environment; and
d) Chemical substances and mixtures that exist temporarily and which have
no human or environmental exposure such as those which exist as a result of
chemical reaction in the manufacture or processing of a mixture of another chemical
substance.
SECTION 13. Prohibited Acts. — The following acts and omissions shall be
considered unlawful:
a) (i) The penalty of imprisonment of six (6) months and one (1) day to six (6) years
and one (1) day and a fine ranging from Six hundred pesos (P600.00) to Four
thousand pesos (P4,000.00) shall be imposed upon any person who shall violate
Section 13(a) to (c) of this Act and shall not be covered by the Probation Law. If the
offender is a foreigner, he or she shall be deported and barred from any subsequent
entry into the Philippines after serving his or her sentence;
30
ii) In case any violation of this Act is committed by a partnership, corporation,
association or any juridical person, the partner, president, director or manager who
shall consent to or shall knowingly tolerate such violation shall be directly liable and
responsible for the act of the employees and shall be criminally liable as a co-
principal;
b) (i) The penalty of imprisonment of twelve (12) years and one (1) day to twenty
(20) years, shall be imposed upon any person who shall violate Section 13(d) of this
Act. If the offender is a foreigner, he or she shall be deported and barred from any
subsequent entry into the Philippines after serving his or her sentence;
(ii) In the case of corporations or other associations, the above penalty shall be
imposed upon the managing partner, president or chief executive in addition to an
exemplary damage of at least Five hundred thousand pesos (P500,000.00). If it is a
foreign firm, the director and all the officers of such foreign firm shall be barred from
entry into the Philippines, in addition to the cancellation of its license to do business
in the Philippines;
c) Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures into or within the
Philippines shall carry with it the confiscation and forfeiture in favor of the
Government of the proceeds of the unlawful act and instruments, tools or other
improvements including vehicles, sea vessels, and aircrafts used in or with which the
offense was committed. Chemical substances so confiscated and forfeited by the
Government at its option shall be turned over to the Department of Environment and
Natural Resources for safekeeping and proper disposal.
d) The person or firm responsible or connected with the bringing or importation into
the country of hazardous or nuclear wastes shall be under obligation to transport or
send back said prohibited wastes;
Any and all means of transportation, including all facilities and appurtenances that
may have been used in transporting to or in the storage in the Philippines of any
significant amount of hazardous or nuclear wastes shall at the option of the
government be forfeited in its favor.
31
SECTION 15. Administrative Fines. — In all cases of violations of this Act, including
violations of implementing rules and regulations which have been duly promulgated
and published in accordance with Section 16 of this Act, the Secretary of
Environment and Natural Resources is hereby authorized to impose a fine of not less
than Ten thousand pesos (P10,000.00), but not more than Fifty thousand pesos
(P50,000.00) upon any person or entity found guilty thereof. The administrative fines
imposed and collected by the Department of Environment and Natural Resources
shall accrue to a special fund to be administered by the Department exclusively for
projects and research activities relative to toxic substances and mixtures.
a) There is a reason to believe that the chemical substances or mixture may present
an unreasonable risk to health or the environment or there may be substantial
human or environmental exposure thereto;
b) There are insufficient data and experience for determining or predicting the health
and environmental effects of the chemical substance or mixture; and
The manufacturers, processors or importers shall shoulder the costs of testing the
chemical substance or mixture that will be manufactured, processed, or imported.
32
Republic Act No. 7076 or the People’s Small-Scale Mining Act of
1991
(b) "Small-scale mining" refers to mining activities which rely heavily on manual labor using
simple implement and methods and do not use explosives or heavy mining equipment;
(c) "Small-scale miners" refer to Filipino citizens who, individually or in the company of other
Filipino citizens, voluntarily form a cooperative duly licensed by the Department of Environment
and Natural Resources to engage, under the terms and conditions of a contract, in the extraction
or removal of minerals or ore-bearing materials from the ground;
33
SECTION 1. Small-scale mining refers to any single unit mining operation having an
annual production of not more than 50,000 metric tons of ore and satisfying the
following requisites:
1. The working is artisanal, either open cast or shallow underground mining, without
the use of sophisticated mining equipment;
PD No. 1899 and RA No 7076 shall continue to govern small-scale mining operations. For areas not declared as
Peoples' Small-Scale Mining Area (PSSMA) under RA No. 7076, the pertinent rules and regulations of PD No.
1899 shall apply.
Mines Administrative Order No. MRD-41, Series of 1984, Department Administrative Order (DAO) No. 28 and
MRDB Administrative Order Nos. 3 and 3Aas provided in DAO No. 96-40, as amended, shall continue to be the
implementing rules and regulations of PD No. 1899 while DAO No. 34, Series of 1992, shall continue to be the
implementing rules and regulations of RA No. 7076. II. Scope of Small-Scale Mining Permits and Contracts
Small-scale mining operations in areas not declared as PSSMA shall be covered by all-Scale Mining Permits
(SSMPs) issued under PD No. 1899. Small-scale mining rations in PSSMAs declared under RA No. 7076 shall
be covered by Small-Scale Mininq Contracts (SSMCs) pursuant to the pertinent provisions thereof.
In case where a PSSMA is declared covering SSMP areas, the term of the SSMPs, including their renewal, shall
be recognized unless such SSMPs are revoked, cancelled or terminated with cause: Provided, That the SSMP
shall have the option to shift to a SSMC pursuant to the provisions of DAO No. 34, Series of 1997.
The two (2)-year term of an SSMP is renewable only once: Provided, That the pertinent application shall be filed
prior to the expiration thereof, among other requirements. No SSMP shall be renewed unless its two (2)-year
term is fully consumed.
In the case of an SSMC, no renewal shall likewise be granted unless its two (2)-year term is fully consumed.
A. ForP.D. No. 1899, any Qualified Person may apply for an SSMP. For this purpose, a Qualified
Person shall mean a Filipino citizen, of legal age, and with capacity to contract, or a corporation or
partnership authorized to engage in mining, registered with the Securities and Exchange
Commission, at least 60% of the capital of which is owned at all times by Filipino citizens.
34
B.For RA No. 7076, only a Filipino small-scale mining cooperative organized by licensed and
registered small-scale miners may apply.
V. Maximum Annual Production
For metallic minerals, the maximum annual production under an SSMP/SSMC shall be 50,000 dry metric tons
(DMT) of ore, while for non-metallic minerals, the maximum annual production shall be 50,000 DMT of the
material itself, e.g., 50,000 DMT of limestone, 50.000 DMT of silica, or 50,000 DMT of perlite.
The maximum annual production above shall include low-grade and/or marginal ore, and/or minerals or rocks
that are intended for sampling and/or metallurgical testing purpose/s.
The maximum capital investment for a single unit small-scale mining operation under PDNo. 1899 or R.A. No.
7076 shall be PHP 10 Million. This shall cover raw, additional and existing capital, such as processing plants,
mine and hauling equipment, tool infrastructures, capitalized exploration and development costs, support facilities
and working capital.
Small-scale mining operations under P.D. No. 1899 or RA No. 7076 shall be larqely artisanal with heavy reliance
on manual labor and without the use of explosives and/n blasting accessories. For this purpose, a single unit
small-scale mining operation, in open cast or shallow underground, shall be prohibited from using sophisticated
and/or heavv equipment, i.e., excavators, loaders, backhoes, dozers, drilling machines and/or related or similar
equipment for the extraction and/or breakage of materials, as well as haulinq equipment within the
mining/permit/contract area.
Hauling equipment for the transport of the ore or mined materials from the mine to the shipping point/market are
not included in the prohibited use of sophisticated and/or heavy equipment.
In case non-sophisticated and non-heavy equipment shall be used, the ratio of labor cost to equipment utilization
cost of the small-scale mining operations, including the extraction, processing and/or marketing activity(ies), shall
not exceed one (1). For this purpose, the rental, lease and/or contracting of such equipment shall be considered
as part of the equipment utilization.
The SSMP/SSMC holder shall strictly comply with the environmental, safety and health, and social provisions of
R.A. No. 7942, the Philippine Mining Act of 1995, the Small-Scale Mining Laws and their implementing rules and
regulations, among others.
In particular, the SSMP/SSMC holder shall comply with the following requirements:
A. The Environmental Compliance Certificate for a small-scale mining operation shall be secured from
the Environmental Management Bureau Regional Office concerned and shall fully conform with the
provisions of the Small-Scale Mining Laws, especially with respect to the annual production limit of
50,000 DMT, area of 20 hectares per permit/ contract, among others.
B. The following documents shall be required prior to the start of small-scale mining operation under a
SSMP/SSMC:
C. Amall-scale mining operations shall strictly comply with the provisions of DAO No. 97 - 30 in re:
Small-Scale Mine Safety Rules and Regulations.
35
Sec. 5, R.A. No. 7076
Section 5. Declaration of People's Small-scale Mining Areas. – The Board is hereby
authorized to declare and set aside people's small-scale mining areas in sites onshore suitable
for small-scale mining, subject to review by the Secretary, immediately giving priority to areas
already occupied and actively mined by small-scale miners before August 1, 1987: provided, that
such areas are not considered as active mining areas: provided, further, that the minerals found
therein are technically and commercially suitable for small-scale mining activities: provided,
finally, that the areas are not covered by existing forest rights or reservations and have not been
declared as tourist or marine reserved, parks and wildlife reservations, unless their status as
such is withdrawn by competent authority.
Section 24. Provincial/City Mining Regulatory Board. – There is hereby created under the
direct supervision and control of the Secretary a provincial/city mining regulatory board, herein
called the Board, which shall be the implementing agency of the Department, and shall exercise
the following powers and functions, subject to review by the Secretary:
(a) Declare and segregate existing gold-rush areas for small-scale mining;
(b) Reserve future gold and other mining areas for small-scale mining;
(d) Formulate and implement rules and regulations related to small-scale mining;
(e) Settle disputes, conflicts or litigations over conflicting claims within a people's small-
scale mining area, an area that is declared a small-mining; and
(f) Perform such other functions as may be necessary to achieve the goals and
objectives of this Act.
Panel of Arbitrators
There shall be a panel of arbitrators in the regional office of the Department composed of three
(3) members, two (2) of whom must be members of the Philippine Bar in good standing and one
a licensed mining engineer or a professional in a related field, and duly designated by the
Secretary as recommended by the Mines and Geosciences Bureau Director. Those designated
as members of the panel shall serve as such in addition to their work in the Department without
receiving any additional compensation As much as practicable, said members shall come from
the different bureaus of the Department in the region. The presiding officer thereof shall be
selected by the drawing of lots. His tenure as presiding officer shall be on a yearly basis. The
members of the panel shall perform their duties and obligations in hearing and deciding cases
until their designation is withdrawn or revoked by the Secretary. Within thirty (30) working days,
after the submission of the case by the parties for decision, the panel shall have exclusive and
original jurisdiction to hear and decide on the following:
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b. Disputes involving mineral agreements or permits;
d. Disputes pending before the Bureau and the Department at the date of the effectivity
of this Act.
The Secretary shall within ninety (90) days from the effectivity of this Act promulgate rules and
regulations to effectively implement the provisions of the same. Priority shall be given to such
rules and regulations that will ensure the least disruption in the operations of the small-scale
miners.
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