CDI 10- EVIRONMENTAL LAWS AND PROTECTION

(Video Discussion Part 1)

PHILIPPINE ENVIRONMENTAL LANDSCAPE
The Philippines is one of the world’s richest natural resources. It belongs to
an elite of one of the 17 megadiversity countries.
The country’s landscape is packed with numerous species of Flora and Fauna
and a rich concentration of marine life. About 65% of the 50.000 species
of the flora and fauna known in the world can also be found in the country.
This wealth of natural resources should be protected and preserved for future
generation to come.
NATURAL RESOUCES OF THE PHILIPPINES
The Philippines is also endowed with vast natural resources from which a
substantial portion of its income is derived.

 1. Forest- based resources now include only 6 million hectares of

forested areas, with less than a million hectares of primary growth
forests remaining. The primary and secondary wood- based industries
contributed significantly to the GDP and to our export earnings.

 2. The country has a coastline of approximately 18,000 kilometers.

Marine fishing production contributed to 62% of the total fish output in
1987. A decline in fish production was recorded and attributed to
destructive fishing methods and the depletion of fishery resources.

 3. The Philippines mangroves forests originally estimated to be over

500,000 hectares in 1918 has declined only 139,725 hectares.

 4. The country is highly mineralized with estimated metallic and non-

metallic ore reserves of 31.65 billion metric tons in 1988. The mining
industry has constantly played a key role in economic development.

 5. The urban environment, air pollution and water pollution are among
the most visible signs of environmental deterioration. Studies show that
concentrations of total suspended particles now exceed by 200% making
manila’s airmass one of the most polluted in the world.

 6. The quality of inland and coastal waters in most urban central centers
has been largely affected by intreated domestic wastes that are dumped
 into the same bodies of water. Improper disposal of solid wasted clogs
waterways and other draining systems thereby causing the perennial
flooding problems of Metro Manila.

 7. Urban Population growth and lack of family planning frameworks have

led to incompatible and inappropriate land use that use that caused
environmental problems.
ENVIRONMENTAL DEGRADATION.
From a global perspective, the environment has continued to degrade and
several environmental problems remain deeply imbedded in the socio-
economic fabric of nations. At present levels of industrial activity, greenhouse
gases are expected to cause permanent increase in temperatures. The
consequences of a warmer world-rising seas and extreme weather conditions –
have caused untold suffering on the world’s peoples. The oceans are
overfished; the forest Are heavily denuded. (Perry.Ong, The Philippine Biodiversity Crisis. A Time
Bomb waiting to Explode).

ENVIRONMENTAL PROBLEMS IN THE PHILIPPINES

The Philippine environment is presently in crisis. The country’s rich landscape
is experiencing a drastic decline on account of human activities. The forest
cover depleted and about 33% of the endemic species are threatened with
extinction.
Industrialization played a critical role in the increase of environmental
problems in the country. The growing need of Filipinos to sustain themselves
has taken its toll on the environment. There is water pollution and water
scarcity.
Human migration resulted in the conversion of forest lands to residential and
industrial areas and demand for transportation services and increase in the
member of factories and industrial plants have all contributed to the worsening
air pollution.
The recent tragedies brought about by natural disasters highlight the country’s
need to enhance its efforts to protect and rehabilitate the environment.

SOME ENVIRONMENTAL PROBLEMS

1. Water pollution
2. Deforestation
 3. Loss of Biodiversity
4. Air pollution
5. Long-term damaging effects caused by mining operations.
Climate change has also its pernicious consequences. It represents the most
serious, most pervasive environmental threat that the world faces. The
issues are merely scientific; its span political, social, and economic
dimensions, crosses national boundaries and reaches beyond the present
generation. (CJ Puno, Seeking Environmental Justice in a World without restraint).
SOME PRESSING ENVIRONMENTAL PROBLEMS

 While Philippine biodiversity is considered as one of the richest in the

world, it is also one of the most threatened (at risk of extinction)
 Philippines is left with only 24% forest cover, 2nd lowest forest coverage
area in Southeast Asia, next to Singapore which has the lowest forest
cover.
 40% of the total coastal and marine areas are in poor condition.
 The current environmental situation places the Philippines at the hottest
of the biodiversity hot spots.
WHAT IS ENVIRONMENTAL JUSTICE?
 As defined by the Environmental Protection Agency (EPA) of the US,
environmental justice is “the fair treatment of all people, no matter what
their race, color, national origin, or income level, in the development,
implementation and enforcement of environmental laws, regulation and
policies.”
 Fair treatment means that “no group of people, including racial, ethnic,
or socioeconomic groups should bear a disproportionate share of the
negative environmental consequences resulting from industrial,
municipal, and commercial operations or the execution of programs and
policies.
ENVIRONMENTAL JUSTICE
 Environmental Justice has no single universally accepted definition.
Some countries define the concept as “the pursuit of equal justice and
equal protection under the law for all environmental statues and
regulation without discrimination based on race, ethnicity, and or
socioeconomic status.
 Others define it the same way as the EPA of the US. However, the
concept is defined, at the heart of Environmental Justice lies the idea
that brings together environmental protection and social justice.
 Environmental justice is therefore the FUSION of environmental law
and social justice.
RIGHT-BASED APPROACH

 Environmental justice stems from a growing recognition that the Right to

the environment is a fundamental human right which ought to be
protected. The right of persons to environmental protection has the same
level as basic human rights. The adoption of this approach plays a
crucial role in litigation because persons would be allowed to litigate on
the basis of their right to a healthy environment in the same way that
they can litigate for violation of their civil and socioeconomic rights.
 The Right-based Approach is reflected in various international
instruments. The Universal Declaration of Human Rights (Stockholm
Declaration) provides for the “right to a standard of living adequate for
health and well-being.” This right carries with it the right to the
environment.
RIO DECLARATION
Subsequently the Rio Declaration contained 27 principles with a goal of
ensuring the protection of the environment and promoting sustainable
development. It underlines the obligations of state not to cause harm beyond
their jurisdiction, to meet the environmental needs of present and future
generations, and to consider environmental protection as an integral part of
development. It also mandates states to eradicate poverty and to give special
attention to the least development and environmentally countries emphasizing
that in the cooperative process, states have common but differentiated
responsibilities.
ENVIRONMENTAL JUSTICE- IN LINE WITH RIGHTS BASED APPROACH
 EJ is defined as the goal of achieving adequate protection from the
harmful effects of environmental agents for everyone regardless of age,
culture, ethnicity, gender, race or socioeconomic status (Feng Liu, 1994)
• Others view EJ as the equitable distribution of burdens of the
environment harms among various groups (James salzman & Barton Thompson Jr.
2007)
 Menjula Amerisanghe suggests that there are 2 fundamental principles
of EJ: distributive and procedural justice. Ditributive refers to the
equitable distribution of environmental risks and harms. Procedural-
focuses on the rights of the stakeholders to participate in decision-
making processes concerning the environment and enabling them to
access the relevant information.
PHILIPPINE DEFINITION OF ENVIRONMENTAL JUSTICE

 In the case of Oposa vs. Factoran, 224 SCRA 792, The relevant provision
of our Constitution describes it as the "right of the people to a balanced
and healthful ecology" and the "correlative duty to refrain from impairing
the environment. (Twin concept of intergeneration and intrageneration
equity)
 There is a need to address the environmental problems in our country to
prevent the harsh effects of environmental damage. The most dangerous
of these effects is the threat of climate change and global warming
because the country is at risk, where about half of the total area and
more than 80% of the population are vulnerable to natural disasters.
When flash floods, typhoons and changing weather patterns occur, the
marginalized sectors are especially affected and are the hardest hit.
ENVIRONMENTAL RIGHTS AS A COMPONENT OF HUMAN RIGHTS

 Environmental rights grew out of Human rights, a development which

resulted from the genocide and atrocities committed in World War II.
 In our Constitution, environmental protection is stated not in the Bill of
Rights under Article III but in the Declaration of State Policies under
Article II. Nevertheless, the right to a healthful ecology is recognized as
Iron-clad and no less demandable than those specifically enumerated in
the Bill of rights. These environmental provisions in the Constitution
without a mechanism for its enforcement would be nothing. The need for
the mechanism to protect the environment has become critical today. So
that there should be a middle ground which can strike the delicate
balance between economic exploitation and environmental protection.
DEVELOPMENT OF ENVIRONMENTAL JUSTICE IN THE PHILIPPINES
 The concept of environmental justice is not foreign/alien to Philippine
experience. The Philippines is said to have one of the world's most
developed approaches to environmental protection and preservation.
It is enshrined as a fundamental State policy under Sec. 16, Article II
(the right to a healthful ecology).
 The Constitution also provides that the Philippines "adopts the
generally accepted principles of international law as part of the law of
the land." Customary international environmental laws are deemed
incorporate d or transposed into our national laws.
INTERNATIONAL ENVIRONMENTAL LAW

 Is law adopted by sovereign states to define standards at the

international level. It prescribes obligations and regulates behavior in
 international relations in matters affecting the environment. There are
several sources of International environmental Law but of the
special interest to the Philippine judiciary are Multilateral
Environment Agreements (MEA's) and generally accepted principles of
environmental protection.
 The very first environmental instruments was the 1921 GENEVA
CONVENTION CONCERNING the USE of international instruments in
the field of the environment have been adopted.
 Another important source of international environmental law is generally
accepted principles of environmental protection.
IMPORTANT MEA's

 1972 Stockholm Conference on the Human Environment- considered as

the chrysalis (foundation) of modern International Environmental Law. It
was the first widely accepted international effort to address
environmental issues.
 The conference was a discussion of the clashing demands of the economy
and ecology. The Stockholm Declaration held that economic development
is not necessarily incompatible with environmental protection and that
development proceed provided it avoids damaging the environment.
 Several principles in the Declaration are the sources of our
Environmental policies in Pd 1151 (Philippine Environment Policy).

 2. United Nations Convention on the Law of the Sea (UNCLOS) • Ratified

by the Philippines on May 8, 1984 but came into force on November
16,1994 upon the submission of the 60th ratification. Of particular
importance js Art. 194 which obliges parties to take measures to prevent
pollution of the marine environment from any source, including "land-
based sourcse" and "installations and devices used in exploration or
exploitation of the natural resources of the seabed and subsoil."

1985 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE

LAYER

 1985 Vienna Convention for the Protection of the Ozone layer and its
1987 Montreal Protocol on Substances that Deplete the Ozone layer were
both ratified by the Philippines on July 17, 1991. These international
instruments oblige parties to phase substances that deplete the ozone
layer such as chlorofluorocarbons (CFC's) and hydro-chlorofluorocarbons
(HCFC's) which are used in the air-conditioning systems of many of our
older cars, offices and houses.
1989 BASEL CONVENTION ON THE CONTROL OF TMHW

 The 1989 Basel Convention on the Control of Transboundary Movements

of Hazardous Wastes and their Disposal was ratified by the Philippines
on October 23, 1993. It declares illegal the transboundary shipment and
disposal of hazardous wastes, such as your spent cellphone batteries
and old computer units, except for recycling.
 In 1994, an amendment to the Basel Convention proposed a total ban on
transboundary movements of hazardous wastes from developed
countries to developing countries. The Philippines has not ratified this
amendment. Neither has Japan and Australia.
Part 2
1992 CONVENTIONAL ON BIOLOGICAL DIVERSITY

 Was ratified by the Philippines on October 8, 1993 while the 1979 Bonn
Convention on the Conservation of Migratory Species of Wild Animals
was ratified by the Philippines only on January 2, 1994.
 The Bonn Convention is a framework convention under which parties
may enter into agreements and memoranda of understanding for the
conservation of certain species. It is significant that the Philippines is a
signatory to the Memoranda of Understanding (MOU) on the conservation
of marine turtles, dugongs and sharks. However, it is not a signatory to
MOU on Pacific Island cetaceans.
1998 ROTTERDAM CONVENTION

 6. The 1998 Rotterdam Convention on the Prior Informed Consent

Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade was ratified by the Philippines on July 31, 2006. The
convention requires exporters trading in specific harmful chemicals such
as ASBESTOS and ENDUSULFAN to provide information on their
potential health and environmental effects so that the importing country
can decide on trade measures affecting such chemicals.
2001 STOCKHOLM CONVENTION ON PERSISTENT ORGANIC
POLLUTANTS
 7. 2001 Stockholm Convention was ratified by the Philippines on
February 27, 2004. It binds parties to immediately ban the production
and use of certain pesticides such as ALDRIN and to eventually phase
out other pesticides such as DDT (dichloro-diphenyl-trichloroethane) as
these can adversely affect human health and the environment around
 the world. These dangerous substances are transportable by wind and
water.
COPENHAGEN ACCORD

 A non-binding UN climate conference which ended on December 19,

2009. A deal short on concrete steps against global warming but
signaling a new start for rich-poor cooperation on climate change.
 On September 11, 2009, representatives from more than 20 Asian
countries, including the Philippines, adopted the Manila Declaration on
resources Efficient and Green Industry, an initiative which promotes low-
carbon business systems and operations. While the Declaration is non-
binding it outline the steps needed to reduce resources intensity and
carbon emissions of Asian Industries.
WHAT IS ENVIRONMENTAL LAW?

 The body of laws which contains elements to control human impact on

the earth. (as defined in Black's Law Dictionary)
 It is gaining recognition because of the realization that there is an urgent
need to regulate human activities because of their impact on the
environment. It is however, a new field dealing with the maintenance and
protection of the environment, including preventive measures such as
the requirement of environmental-impact statements, as well as
measures to assign liability and provide cleanup for incidents that harm
the environment.
ENVIRONMENTAL LAW – DEFINITION

 Environmental law covers all laws that relate to PRESERVATION,

PROTECTION, CONSERVATION, EXPLOITATION, UTILIZATION,
DEVELOPMENT and MANAGEMENT of the environment and its natural
resources.
 Environmental law recognizes that human activities AFFECT, IMPACT,
and if left unattended, endanger the natural environment. Laws and
rules with corresponding sanctions are implemented in order to ensure
that human activities are regulated with the end goal of ensuring that
the environment is adequately protected.

 Let us now look at the Philippine legal framework to see how the current
environmental laws address the environmental problems.
CONSTITUTIONAL POLICY ON ENVIRONMENTAL PROTECTION
 The 1987 Constitution bears the framework of the Philippine
Environmental Policy. The PREAMBLE lays down the foundation for the
environmental provisions.
 Our fundamental right to a healthy environment is embodied in Article II
which states "THE STATE SHALL PROTECT AND ADVANCE THE RIGHT
OF THE PEOPLE TO A BALANCED AND HEALTHFUL ECOLOGY IN
ACCORD WITH THE RYTHM AND HARMONY OF NATURE". This
provision is self-executing in nature and deemed as the source of the
citizen's basic environmental rights. It is not only a policy but a
demandable legal right. The duty of the state to protect and promote the
health of citizens is also an adjunct to the right of the Filipinos to a
healthy environment.
SIGNIFICANCE OF THE CONSTITUTION

 The 1987 Constitution cemented the Philippine's commitment to strike a

delicate balance between the demands of economics and the needs of the
environment. For the first time, the right of the person to a balanced and
healthful ecology was recognized not only as an abstract policy
statement, but an enforceable legal right. The Supreme
 Court affirmed the enforceability of this legal right in the seminal case of
Oposa vs. Factoran.

 Forming the matrix of this right is the recognition that human beings are
an integral part of a complex ecological community. Nothing less than
the survival of the human species hangs on this delicate balance.
RELEVANT CONSTITUTIONAL PROVISIONS
 Section 15, Article II – The State shall protect and promote the right to
health of the people and instill health consciousness among them.

 Most of the provisions of Article XII also highlight the State's primary
objective of protecting the environmental resources of the country.
Section 2, 3, 4 and 5 all seek to protect the country's land from abuse
and exploitation and ensure that the development of the country's
natural resources will benefit the Filipino people.
 Section 4, Article XII enjoins the State to protect our endangered forest
and watershed areas.

 Section 7, Article XIII calls upon the State to protect, develop and
conserve communal marine and fishing resources.
 In pushing the frontiers of industrialization, Section 1, Article XII
cautioned the State to make "full and efficient use of human and natural
resources".
 Section 4, Article XIII emphasizes the duty of the government to
undertake the just distribution of all agricultural lands, taking into
account ECOLOGICAL, DEVELOPMENTAL and other equity
considerations.
PHILIPPINE ENVIRONMENTAL LAWS

 Philippine Environmental Laws are geared the attainment of

SUSTAINABLE DEVELOPMENT. They seek to address a wide array of
environmental concerns ranging from forest degradation, loss of
biodiversity, water and air pollution and hazardous waste management
among others.
The laws are enumerated in the Rules of Procedures for Environmental
Cases and are classified into 4 groups;
1. TERRESTRIAL
2. MARINE and AQUATIC RESOURCES
3. AERIAL and
4. OTHERS.
 Terrestrial laws refer to the protection and preservation of forest and
biodiversity.

 Marine and aquatic resources laws pertain to the protection and

preservation of the waters and preservation of forests and biodiversity.
 Aerial laws deal with preventing air pollution, while other laws refer to
those that involve hazardous wastes and other environmental concerns.
GOVERNMENT AGENCIES

 DENR

 The lead agency tasked with the implementation of environmental laws.

It consists of the Department Proper, Staff Offices, Staff and Line
Bureaus and the regional/provincial community offices. The Department
Proper includes the Office of the Secretary, Offices of the
Undersecretaries, Offices of the Asst. Secretaries, Public Affairs Office,
Special Concerns Office and the Pollution Adjudication Board (PAB).
WHAT IS THE PAB?
 The Board is under the Office of the Secretary, DENR. The Board shall be
composed of the Secretary as Chairman, 2 Undersecretaries as may be
designated by the Secretary, the Director of the EMB, and 3 others to be
designated by the Secretary as members.
 The Board shall have sole and exclusive jurisdiction over all cases of
pollution and all matters related thereto, including the imposition of
administrative sanctions, except as may be provided by law.

 The Environmental Management Bureau shall serve as the Secretariat of

the Board. These powers and functions may be delegated to the regional
offices of the Department on accordance with rules and regulations to be
promulgated by the Board.
POWERS AND FUNCTIONS OF PAB
1. Issue orders or decisions to compel compliance with the proper notice
and hearing.
2. Issue cease and desist orders requiring the discontinuance of pollution
specifying the conditions and the time within which such discontinuance
must be accomplished;
3. Issue, renew or deny permits, under such conditions as it may determine
to be reasonable for the prevention and abatement of pollution.
4. To issue such writs as may be necessary for the enforcement and
execution of such orders, resolutions or decisions.
STAFF BUREAUS OF DENR
 FOREST MANAGEMENT BUREAU – support the effective protection,
development, occupancy management, and conservation of forest lands
and watersheds.

 LAND MANAGEMENT BUREAU – Administer, survey, manage and

dispose A&D lands and other government lands not placed under the
jurisdiction of their government agencies.
 ECOSYSTEMS RESEARCH & DEVELOPMENT BUREAU – principal
research and development unit of the DENR.

 PROTECTED AREA AND WILDLIFE BUREAU – establish and manage

protected areas, conserve wildlife, promote and institutionalize
ecotourism, manage coastal biodiversity, and wetlands ecosystems,
conserve caves and caves resources and inform and educate on
biodiversity and nature conservation.
LINE BUREAUS

 A line bureau operates as a sub-organization in the department with

direct line of command, usually with its own representative offices, down
to the regional/field offices of the department, performing regulatory
functions.
 ENVIRONMENTAL MANAGEMENT BUREAU (staff bureau converted to
line bureau pursuant to the Clean Air Act) – in charge of air, water and
toxic and hazardous chemicals management, environmental impact
assessment system implementation, solid waste management and
secretariat assistance to the PAB, and environmental compliance and
organizational performance.

 MINES AND GEOSCIENCES BUREAU (staff bureau converted to line

bureau pursuant to the Mining Act of 1995) – administer and dispose
minerals and mineral lands.
OTHER GOVERNMENT AGENCIES
1. DEPARTMENT OF AGRICULTURE – to promulgate and enforce all laws,
rules and regulations governing the conservation and proper utilization
of agricultural resources, and to provide integrated services to farmers
and fishermen and other food producers on the production, utilization
conservation and disposition of agricultural and fishery resources.
 BFAR – is tasked with the preparation and implementation of a
Comprehensive National Fisheries Industry Development Plan, the
issuance of licenses for the operation of commercial fishing vessels, and
the issuance of identification cards to fish workers engaged in
commercial fishing.

 BUREAU OF PLANT INDUSTRY – in charge of implementation and

enforcing the provisions of the Plant Quarantine Decree of 1978.

2. DEPARTMENT OF HEALTH – responsible for the promulgation, revision

and enforcement of drinking water quality standards. The Secretary of
Health as a member of the Inter-Agency Technical Advisory Council shall
also assist in the promulgation of rules and regulations for the
enforcement and implementation of the Toxic Substances and Hazardous
and Nuclear Wastes Control Act.
3. LTO – tasked under the Clean Air Act to ensure that all motor vehicles
and engines should first comply with the emission standards set in the
Act.

PHILIPPINE PORTS AUTHORITY

 Has over-all supervision over the port facilities of the large foreign
petroleum companies in matters pertaining to safety, pollution and
conservation in the harbors, and regulatory and supervisory powers over
the marine aspect of the administration and operation of port zones such
as the Bataan Export Processing Zone and free ports.
OTHER GOVERNMENT AGENCIES
1. DOTC – lead agency tasked with the implementation of the Oil Pollution
Compensation Act of 2007.
2. DEPED – to implement objectives of the Climate Change Act which
provides that the Deped should integrate climate change principles and
concepts into the primary and secondary education subjects.
3. DILG – the Climate Change Act mandates the DILG to facilitate the
development of a training program dealing with climate change for
LGU's.
4. DFA – tasked with the duty to review international agreements related to
climate change and to make recommendations to the government for its
ratification or compliance.
5. PIA – is charged with the information dissemination on climate change
matters.
 PD 705: Revised Forestry Code of the Philippines
As amended by PD 1559, PD 865, PD 1775, BP 701, BP 83, RA 7161,
EO 277 and Official Gazette No. 31
Sec. 3: Definitions
a.) PUBLIC FOREST is the mass of lands of the public domain which
has not been the subject of the present system of classification for the
determination of which lands are needed for forest purposes and which
are not.
b.) PERMANENT FOREST or FOREST RESERVES refer to those lands
of the public domain which have been the subject of the present system
of classification and determined to be needed for forest purposes.
c.) ALIENABLE and DISPOSABLE LANDS refer to those lands of the
public domain which have been the subject of the present system of
classification and declared as not needed forest purposes.
d.) FOREST LAND includes the public forest, the permanent forest or
forest reserves, and forest reservations.
e.) GRAZING LAND refers to that portion of the public domain which has
been set aside, in view of the suitability of its topography and vegetation,
for the raising of livestock.
f.) MINERAL LANDS refer to those lands of the public domain which
have been classified as such by the Secretary of Natural Resources in
accordance with prescribed and approved criteria, guidelines and
procedure.
g.) FOREST RESERVATIONS refer to forest lands which have been
reserved by the President of the Philippines for any specific purpose or
purposes.
h.) NATIONAL PARK refers to a forest land reservation essentially of
primitive or wilderness character which has been withdrawn from
settlement or occupancy and set aside as such exclusively to preserve
the scenery, the natural and historic objects and the wild animals or
plants therein, and to provide enjoyment of these features in such a
manner as will leave them unimpaired for future generations.
i.) GAME REFUGE or BIRD SANCTUARY refers to a forest land
designated for the protection of game animals, birds and fishes and
closed to hunting and fishing in order that the excess population may
flow and restock surrounding areas.
j.) MARINE PARK refers to any public offshore area delimited as habitat
of rare and unique species of marine flora and fauna.
k.) SEASHORE PARK refers to any public shore area delimited for
outdoor recreation, sports fishing, water skiing and related healthful
activities.
l.) WATERSHED RESERVATION is a forest land reservation established
to protect or improve the conditions of the water yield thereof or reduce
sedimentation.
m.) WATERSHED is a land area drained by a stream or fixed body of
water and its tributaries having a common outlet for surface runoff.
m.) MANGROVE is a term applied to the type of forest occurring on tidal
flat along the sea coast, extending along stream where the water is
brackish.
n.) KAINGIN refers to a portion of the forest land which is subjected to
shifting and/or permanent slash-and-burn cultivation.
o.) FOREST PRODUCT means timber, pulpwood, firewood, bark, tree
top, resin, gum, wood, oil, honey beeswax, nipa, rattan, or other
forest growth such as grass, shrub, and flowering plant, the associated
water, fish, game, scenic, historical,, recreational and geologic
resources in forest lands.
p.) PINE FOREST is a forest type predominantly of pine trees.
q.) DIPTEROCARP FOREST is a forest dominated by trees of the
dipterocarp species, such as red lauan, tanguile, tiaong, white lauan,
almon, bagtikan and mayapis of the Philippine mahogany group,
apitong and the yakals.
r.) INDUSTRIAL TREE PLANTATION refers to any forest land
extensively planted to tree crops primarily to supply raw material
requirements of existing or proposed wood processing plants and related
industires.
s.) TREE FARM refers to any small forest land or tract of land purposely
planted to tree crops.
 t.) AGRO-FORESTRY is a sustainable management for land which
increases overall production, combines agricultural crops, tree and forest
plants and/or animials simultaneously or sequentially, and applies
management practices which are compatible with the cultural patterns of
the local population.
u.) FOREST ECOSYSTEM refers to the living and non-living components
of a forest and their interaction.

Sec. 4 – 12 amended by EO 192

(Reorganization of the DENR)
Sec. 13 – System of Land Classification
 The DENR Secretary shall study, devise, determine and prescribe the
criteria, guidelines and methods for the proper and accurate
classification and survey of all lands of the public domain into
agricultural, industrial or commercial, residential, resettlement, mineral,
timber or forest, and grazing lands, and such other classes as may be
provided by law rules and regulations.
Sec. 15 – Topography
 No land of the public domain 18% in slope or over shall be classified as
alienable and disposable.
 Lands 18% in slope or over which have already been declared as
alienable and disposable shall be reverted to the classification of forest
lands by the DENR, to form part of the forest reserves, unless they are
already covered by existing titles approved public land application, or
actually occupied openly, continuously, adversely and publicly for a
period of not less than 30 years as of the effectivity of this Code, where
the occupant is qualified for a free patent under the Public Land Act.
Sec. 17 Establishment of Boundaries of Forest Lands
 All boundaries between permanent forests and AaD lands shall be clearly
marked and maintained on the ground, with infrastructure or roads, or
concrete monuments at intervals of not more than 500m in accordance
with established procedures and standards, or any other visible and
practicable signs to insure protection of the forest.
 In all cases of boundary conflicts, reference shall be made to the
Philippine Coast and Geodetic Survey Topo map. (as amended by PD
1559).
Sec. 20 License Agreement, License, Lease or Permit
 No person may utilize, exploit, occupy, possess or conduct any activity
within any forest and grazing land, or establish, install, add and operate
any wood or forest products processing plant, unless he had been
authorized to do under a license agreement, license, lease or permit.
 When the national interest so requires, the President may AMEND,
MODIFY, REPLACE, or RESCIND any contract, concession, permit,
license, or any other form of privilege granted.
 Upon the recommendation of the appropriate government agency, the
President may, pending the conduct of appropriate hearing, order the
summary suspension of any such contract, concession, license, permit,
lease or PRIVILEGE granted under this decree for violation of any of the
conditions therein such as those pertaining but not limited to
reforestation, pollution, environment protection, export limitation or
such condition as are prescribed by the DENR in issued regulations. (as
amended by PD 1559).
Timber Inventory
 The DENR shall conduct a program of progressive inventories of the
harvestable timber and young trees in all forest lands, whether covered
by any license agreement, license, lease or permit, or not, until a 100%
timber inventory thereon has been achieved.
 No harvest of timber in any forest land shall be allowed unless it has
been the subject of at least 5% timber inventory, or any statistically
sound timber estimate, made not earlier than 5 yrs prior to the issuance
of a license agreement or license allowing such utilization.
Duration of License Agreement or License to Harvest Timber
 The duration of the PRIVILEGE to harvest timber in any particular forest
land under a license agreement or license shall be fixed and determined
in accordance with the annual allowable cut therein, the established
cutting cycle thereof, the yield capacity of harvestable timber, and the
capacity of healthy residuals for a second growth.
 The privilege shall AUTOMATICALLY terminate, even before the
expiration of the license agreement or license, the moment the
harvestable timber have been utilized without leaving any logged-over
area capable of commercial utilization.
  The MAXIMUM period of any privilege to harvest timber is 25 yrs,
renewable for a period, not exceeding 25 yrs, necessary to utilize all the
remaining commercial quantity or harvestable timber either from the
unlogged or logged-over area.
 Duration of agreements is limited to 50 yrs, that is 25 yrs renewable for
another 25 yrs. – Article XII, Sec 2 of the Constitution
Sec. 29 - Incentives to the Wood Industry
 The DENR Sec, in collaboration with other government agencies and the
wood industry associations and other private entities in the country,
shall evolve incentives for the establishment of an integrated wood
industry in designated wood industry centers and/or economic area.
 The President, upon the recommendations of the NEDA and the DENR,
may establish wood industry import-export centers in selected locations.
Logs imported for such centers shall be subject to such precaution as
may be imposed by the DENR, in collaboration with proper government
agencies, to prevent the introduction of pests, insects and/or diseases
detrimental to the forests.
Forest Protection
Sec. 37 - Protection of all Resources.
 All measures shall be taken to protect the forest resources from
destruction, impairment and depletion.
Sec. 38 - Control of Concession Area
 For the effective protection of the forest lands and the resources thereof
from illegal entry, unlawful occupation, kaingin, fire, insect infestation,
theft, and other forms of forest destruction, the UTILIZATION of timber
therein shall not be allowed EXCEPT through license agreements under
which the holders thereof shall have the exclusive privilege to cut all the
allowable harvestable timber in their respective concessions, and the
additional right of occupation, possession, and control over the same, to
the exclusion of all others, except the government, but with the
corresponding obligation to adopt all the protection and conservation
measures to ensure the continuity of the productive condition of said
areas, conformably with multiple use and sustained yield management.
Sec. 39 Regulation of Timber Utilization in other classes of lands
 The utilization of timber in AaD lands, private lands, civil reservations
and all lands containing standing or felled timber, including those under
 the jurisdiction of other government agencies, and the establishment and
operation of sawmills and other wood-processing plants, shall be
REGULATED in order to prevent them from being used as shelters for
excessive and unauthorized harvests in forest lands, and shall not
therefore be allowed except through a LICENSE AGREEMENT, license,
lease or permit.
Sec. 43 - Swamplands and Mangrove Forests
 Strips of mangrove forest bordering numerous islands which protect the
shoreline, the shoreline roads, and even coastal communities from the
destructive force of the sea during high winds and typhoon, shall be
maintained and shall not be ALIENATED. Such strips must be kept free
from artificial obstruction so that flood water will flow unimpeded to the
sea to avoid flooding or inundation of cultivated areas in the upstream.
Sec. 49 - Roads and other Infrastructures
 Roads and other infrastructure in forest lands shall be constructed with
the least impairment to the resource values thereof. Government
agencies undertaking the construction of roads, bridges,
communications, and other infrastructure and installations inside forest
lands, shall coordinate with the DENR, especially if it will involve the
utilization or destruction of timber and/or other forest resources, or
watershed disturbance therein, in order to adopt measures to avoid or
reduce damage or injury to the forest resource values.
 They shall likewise extend assistance in the planning and establishment
of roads, wharves, piers, port facilities, and other infrastructure in
locations designated as wood-processing centers or for the convenience
of wood-based industries.
 In order to coincide and conform to government plans, programs,
standards, and specifications, holders of license agreements, licenses,
leases and permits shall not undertake road or infrastructure
construction or installation in forest lands without the PRIOR approval of
the DENF, or in AaD lands, civil reservations and other government
lands, without the approval of the government agencies having
jurisdiction over the same.
Sec. 53 - Criminal Prosecution
 Kaingineros, squatters, cultural minorities and other occupants who
entered into forest lands and grazing lands before may 19, 1975, without
permit or authority, shall not be prosecuted, provided that they do not
increase their clearings.
Sec. 54 - Pasture in Forest Lands
 No forest land 50% in slope or over may be utilized for pasture purposes.

 Forest lands which are being utilized for pasture shall be maintained
with sufficient grass cover to protect soil, water and other forest
resources.
 If grass cover is insufficient, the same shall be supplemented with trees
or such vegetative cover as maybe deemed necessary.
Sec. 57- Other Special uses of Forest Lands
 Forest lands may be leased for a period not exceeding 25 yrs, renewable
upon the expiration thereof for a similar period, or held under permit, for
the establishment of sawmills, lumber yards, timber depots, logging
camps, rights-of-way, or for the construction of sanatoria, bathing
establishments, camps, salt works, or other beneficial purposes which do
not in any way impair the forest resources therein.
Qualifications
 Citizenship requirement.

 In the evaluation of applications of corporations, increased Filipino

equity and participation beyond the 60% constitutional limitation shall
be encouraged. All other factors being equal, the applicant with more
Filipino equity and participation shall be preferred.
 Financial and Technical Capability

 No license agreement, license, lease or permit over forest lands shall be

issued to an applicant unless he proves satisfactorily that he has the
FINANCIAL resources and TECHNICAL capability not only to minimize
utilization, but also to practice forest protection, conservation and
development measures to insure the perpetuation of said forest in
productive condition.
Sec. 71 Charges on Firewood, Branches, Wood wastes
 Cutting of MANGROVE species shall be BANNED.

 There shall be collected forest charges of P10 on each cubic meter of

firewood cut in forestland, branches and other recoverable wood wastes
of timber, such as timber ends, tops and stumps when used as raw
materials for the manufacture of finished products.
Criminal Offenses and Penalties
Sec. 77 Cutting, Gathering and/or Collecting Timber, or other forest
products without License

Elements of the Offense:

1.) Any PERSON who shall CUT, GATHER, COLLECT, REMOVE timber
or other forest products from
- any FOREST LAND or
- AaD land
- PRIVATE land,
Without any AUTHORITY
2.) POSSESS timber or other forest products without the LEGAL
documents as required under existing forest laws and regulations
Penalties
 Punished with the penalties imposed under Articles 309 and 310 of the
Revised Penal Code. (Qualified Theft)
 In case of partnership, associations, or corporations, the OFFICERS who
ordered the cutting, gathering, collection or possession shall be liable,
and if such officers are aliens, they shall in addition to the penalty, be
deported without further proceedings on the part of the Commission on
Immigration Deportation.
 - summary deportation without hearing

 The Court shall further ORDER the CONFISCATION in favor of the

government of the timber or any forest products cut, gathered, collected,
removed, or possessed, as well as the machinery, equipment, implements
and tools illegally used in the area where the timber or forest products
are found. (as amended by PD 1559 and by EO 277, promulgated July
25, 1987, 83 OG No. 31, August 3, 1987)
Sec. 77–A Administrative authority of DENR to order confiscation
 In all cases of violations of this Code or other forest laws, rules and
regulations, the DENR Head or his duly authorized representative, MAY
ORDER THE CONFISCATION of any forest products illegally cut,
gathered, removed, or possessed or abandoned, and ALL
CONVEYANCES used either by land, water or air in the commission of
 the offense and to dispose of the same in accordance with pertinent laws,
regulations or policies on the matter. (as added by EO 277)
 Procedure is governed by an DENR Administrative Order

Sec. 78 - Unlawful Occupation or Destruction of forest/grazing lands

Elements of the Offense
1.) Any PERSON who
- ENTERS AND OCCUPIES
- POSSESSES
- MAKES KAINGIN for his own private use or for others any FOREST
land or GRAZING land WITHOUT AUTHORITY under a license
agreement, lease, license or permit
2.) Any PERSON who in any manner
- DESTROYS such forest land or grazing land or part thereof
- CAUSES ANY DAMAGE to the timber stand and other products and
forest growth found therein
- ASSISTS, AIDS, or ABETS any other person to do so
- SETS a fire, or NEGLIGENTLY PERMITS a fire to be set in any forest
land or grazing land
- REFUSES to VACATE the area when ordered to do so pursuant to Sec.
53 hereof
Penalties
 FINE in an amount of not less than P500 nor more than P20,000 AND
IMPRISONMENT for not less than 6 mos nor more than 2 yrs
 AND be liable to the payment of 10x the rental fees and other charges
which would have accrued had the occupation and use of the land been
authorized under a license agreement, lease, license or permit.
 In case of an offender found guilty of making kaingin, the penalty shall
be IMPRISONMENT for not less than 2 nor more than 4 yrs AND a FINE
equal to 8x the regular forest charges due on the forest products
destroyed, without prejudice to the payment of the full cost of production
of the occupied area as determined by the DENR.
  The maximum of the penalty prescribed shall be imposed upon the
offender who commits the same offense for the 3rd time.
 In all cases, the Court shall further order the EVICTION of the offender
from the land and the forfeiture to the government of all improvements
made and all vehicles, domestic animals and equipment of any kind used
in the commission of the offense. If not suitable for use by the DENR,
said vehicles, domestic animals, equipment and improvements shall be
sold at public auction, the proceeds of which shall accrue to the
Development Fund of the DENR.
 In case the offender is a government official or employee, he shall, in
addition be deemed automatically DISMISSED from office and
permanently disqualified from holding any elective or appointive position.
(as amended by PD 1559)
Sec. 79 - Pasturing Livestock
 Any PERSON who shall, WITHOUT AUTHORITY under a lease or permit
GRAZE or CAUSE to graze livestock in forest lands, grazing lands and
lands which have not as yet been disposed of in accordance with the
Public Land Act.
Penalty
 IMPRISONMENT for not less than 6 mos nor more than 2 yrs AND a
FINE equal to 10x the regular rentals due, in addition to the confiscation
of such livestock and all improvements introduced in the area in favor of
the government.
 In case the offender is a corporation, partnership or association, the
officers and directors thereof shall be liable.
Sec. 82 - Survey by Unauthorized Persons
Elements of the Offense:
 Any PERSON who shall WITHOUT PERMIT to SURVEY from the DENR,
ENTER any forest lands, whether covered by a license agreement, lease,
license or permit or not AND CONDUCT or UNDERTAKE a survey for
whatever purpose.
Penalty
 IMPRISONMENT for not less than 2 nor more than 4 yrs, in addition to
the confiscation of the implements used in the violation of this section
including the cancellation of the license, if any.
Sec. 85 Coercion and Influence
 Any person who COERCES, INFLUENCES, ABETS or PERSUADES the
public officer or employee referred to in
- Sec. 74 (Charges on gums and other Forest Products)
- Sec. 75 ( Tax exemptions on Gratuitous License)
COMMIT any of the acts mentioned therein
Penalty
 IMPRISONMENT of not less than 1 yr AND pay a FINE of P500 for every
hectare or a fraction thereof so improperly surveyed, classified or
released.
 In all other cases, any person who coerces, influences, abets or
persuades the public officer or employee by using power and influence in
deciding any pending case or matter in his favor shall be punished by a
FINE of not more than P5,000 AND IMPRISONMENT of not less than 1
yr. (as amended by PD 1559).
Sec. 89 Arrest, Institution of Criminal Actions
 A forest officer or employee of the PNP shall arrest without warrant any
person who has committed or is committing in his presence any of the
offenses defined in the Code.
 He shall also seize and confiscate, in favor of the government, the tools
and equipment used in committing the offense, and the forest products
cut, gathered or taken by the offender in the process of committing the
offense. The arresting officer shall thereafter deliver within 6 hours from
the time of arrest and seizure, the offender and the confiscated forest
products, tools, and equipment to, and file the proper complaint with,
the appropriate official designated by law to conduct preliminary
investigation and file information in Court.
 If the arrest and seizure are made in the forest, far from the authorities
designated by law to conduct preliminary investigations, the delivery to,
and filing of the complaint with, the latter shall be done within a
reasonable time sufficient to the place of delivery. The seized products,
materials and equipment shall be immediately disposed of in accordance
with forestry administrative orders promulgated by the DENR Secretary.
  The DENR Sec may deputize any agency, barangay or barrio official, or
any qualified person to protect the forest and exercise the power or
authority provided for in the preceding paragraph.

RA 7076   
People's Small-Scale Mining Act of 1991

Purpose
-to promote, develop, protect and rationalize viable small-scale mining activities
in order to generate more employment opportunities and provide an equitable
sharing of the nation's wealth and natural resources, giving due regard to
existing rights as herein provided. Promote small skill mining activities and
justify this small miners .
Definition of Terms
- "Mineralized areas" refer to areas with naturally occurring mineral deposits of gold,
silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources;
determined by mines and geosciences bureas if mineralized areas o land.

- "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. May machine pero di yung mga kalakihan, yung lava, yung
mg different kind of stone, tas icacrash yung mga bato at sasalain mano mano.
"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 DENR to engage, under the terms and conditions of a contract, in the
extraction or removal of minerals or ore-bearing materials from the ground
◆ Yung denr nagbibigay ng license sa mga small miner.
"Active mining area" refers to areas under actual exploration, development,
exploitation or commercial production as determined by the Secretary after the
necessary field investigation or verification including contiguous and
geologically related areas belonging to the same claimowner and/or under
contract with an operator, but in no case to exceed the maximum area allowed
by law;
Small-scale mining contract" refers to co-production, joint venture or mineral
production sharing agreement between the State and a small-scale mining
contractor for the small-scale utilization of a plot of mineral land;
"Small-scale mining contractor" refers to an individual or a cooperative of
small-scale miners, registered with the Securities and Exchange Commission
or other appropriate government agency, which has entered into an agreement
with the State for the small-scale utilization of a plot of mineral land within a
people's small-scale mining area; marami sa pilipinas , marami tayon small
sacle mining sa Mindanao.
People’s Small-Scale Mining Program
Implemented by the Secretary of the DENR in coordination with other
concerned government agencies, designed to achieve an orderly, systematic
and rational scheme for the small-scale development and utilization of
mineral resources in certain mineral areas in order to address the social,
economic, technical, and environmental connected with small-scale mining
activities. The gov/t achieve a systematic and rationalized scheme to developed
same and to develop natural resources.
(a) The identification, segregation and reservation of certain mineral lands as
people's small-scale mining areas;
(b) The recognition of prior existing rights and productivity; kung meron na
exixting right ang mg a small scale miner.
(c) The encouragement of the formation of cooperatives; yung income na
narerecieve
(d) The extension of technical and financial assistance, and other social
services; expose ang mga minero sa toxic chemicals, may mga toxic chem din
na chem kaya yung iba may mga oxygen tank, kaya mga financial assistance,
at mga sss, philhealth
(e) The extension of assistance in processing and marketing;
(f) The generation of ancillary livelihood activities;
(g) The regulation of the small-scale mining industry with the view to encourage
growth and productivity; and dapat ireregulate ang bigayan.
(h) The efficient collection of government revenue. May kikitain din ang govt
jan, kung may permit, may kikitain ang gov’t

People's Small Scale Mining Areas:

 ◆ Public lands not subject to any existing right.
◆ Public lands covered by existing mining rights which are not active
mining areas; and
◆ Private lands, subject to certain rights and conditions, except those
with substantial improvements or in bona fide and regular use as a
yard, stockyard, garden, plant nursery, plantation, cemetery or
burial site, or land situated within one hundred meters (100 m.) from
such cemetery or burial site, water reservoir or a separate parcel of land
with an area of ten thousand square meters (10,000 sq. m.) or less.
Ancestral Lands
◆ No ancestral land may be declared as a people's small-scale mining
area without the prior consent of the cultural communities
concerned: provided, that, if ancestral lands are declared as people's
small-scale mining areas, the members of the cultural communities
therein shall be given priority in the awarding of small-scale mining
contracts. National commission of indigenous people.
Registration of Small-scale Miners
◆ All persons undertaking small-scale mining activities shall register as
miners with the Board and may organize themselves into cooperatives in
order to qualify for the awarding of a people's small-scale mining
contract. Kung mag award ng small scale mining dapat priority mg
nakatira doon.
Award of People's Small-scale Mining Contracts
◆ to small-scale miners who have voluntarily organized and have duly
registered with the appropriate government agency as an individual
miner or cooperative;
◆ Provided, that only one (1) people's small-scale mining contract may
be awarded at any one time to a small-scale mining operations
within one (1) year from the date of award: isa lang ang ssm contract
lang I aaward at one at a time I aawrad sa ssm operation per year, para
magkaroon ng fully development.
provided, further, that priority shall be given or city where the small-scale
mining area is located.
Extent of Contract Area
The Board shall determine the reasonable size and shape of the contract area
following the meridional block system established but in no case shall the
area exceed twenty hectares (20 has.) per contractor and the depth or
length of the tunnel or adit not exceeding that recommended by the director:
◆ Size of membership and capitalization of the cooperative;
◆ Size of mineralized area;
◆ Quantity of mineral deposits;
◆ (d) Safety of miners;
◆ (e) Environmental impact and other considerations; and
◆ (f) Other related circumstances.
Rights Under a People's Small-scale Mining Contract
- A people's small-scale mining contract entitles the small-scale mining
contractor to the right to mine, extract and dispose of mineral ores
for commercial purposes. In no case shall a small-scale mining
contract be subcontracted, assigned or otherwise transferred
Terms and Conditions of the Contract
-two (2) years, renewable subject to verification by the Board for like periods
as long as the contractor complies with the provisions set forth in this Act, and
confers upon the contractor the right to mine within the contract area:
Rights of Claimowners
In case a site declared as a people's-scale mining area is covered by an existing
mining right, the claimowner and the small-scale miners therein are
encouraged to enter into a voluntary and acceptable contractual agreement
with respect to the small-scale utilization of the mineral values from the area
under claim
In case of disagreement, the claimowner shall be entitled to the following
rights and privileges:
◆ Exemption from the performance of annual work obligations and
payment of occupation fees, rental, and real property taxes;
◆ Subject to the approval of the Board, free access to the contract area to
conduct metallurgical tests, explorations and other activities, provided
such activities do not unduly interfere with the operations of the small-
scale miners; and
◆ Royalty equivalent to one and one half percent (1 1/2%) of the gross
value of the metallic mineral output or one percent (1%) of the gross
value of the nonmetallic mineral output to be paid to the claimowner:
 provided, that such rights and privileges shall be available only if he is
not delinquent and other performance of his annual work obligations and
other requirements for the last two (2) years prior to the effectivity of this
Act.
Rights of Private Landowners
◆ The private landowner or lawful possessor shall be notified of any plan or
petition to declare his land as a people's small-scale mining area. Said
landowner may oppose such plan or petition in an appropriate
proceeding and hearing conducted before the Board.

Sale of Gold
All gold produced by small-scale miners in any mineral area shall be sold to the
Central Bank, or its duly authorized representatives, which shall buy it at
prices competitive with those prevailing in the world market regardless of
volume or weight.
Reversion of People's Small-scale Mining Areas
The Secretary, upon recommendation of the director, shall withdraw the status
of the people's small-scale mining area when it can no longer feasibly operated
on a small-scale mining basis or when the safety, health and environmental
conditions warrant that the same shall revert to the State for proper
disposition.
Actual Occupation by Small-scale Miners
◆ Small-scale miners who have been in actual operation of mineral lands
on or before August 1, 1987 as determined by the Board shall not be
dispossessed, ejected or removed from said areas: provided, that they
comply with the provisions of this Act.
Penal Sanctions
◆ Violations of the provisions of this Act or of the rules and regulations
issued pursuant hereto shall be penalized with imprisonment of not less
than six (6) months nor more than six (6) years and shall include the
confiscation and seizure of equipment, tools and instruments.
 Republic Act No. 8550 Philippine Fisheries Code of 1998

Governing Act
• Enacted on February 17, 1998
• An act providing for the development of the fisheries and aquatic
resources and integrating all laws pertinent thereto.
Application of the Law
The provisions of this Code shall be enforced in: scope of application of RA
8550
a) All Philippine waters including other waters over which the
Philippines has sovereignty and jurisdiction, and the country’s
200-nautical mile EEZ and continental shelf; exclusive economic
zone.
b) All aquatic and fishery resources whether in land, coastal or off-
shore fishing areas, including but not limited to fishponds,
fishpens/cages; and
c) All lands devoted to aquaculture, or businesses and activities
relating to fishery, whether private or public lands
-Republic Act No. 8550 otherwise known as the Philippine Fisheries Code of
1998 was enacted into law to achieve food security;
-limit access to the fishery and aquatic resources of the Philippines for the
exclusive enjoyment of Filipino citizens;
-ensure the rational and sustainable development, management and
conservation of the fishery and aquatic resources in Philippine waters
including the Exclusive Economic Zone (EEZ); INTERNAL WATERS- 200
notical miles ezz. Philippine waters which include all water around, between,
and connecting the islands of archipelago regardless of the depth or dimension
formspart of internal waters of the Philippines.
-to protect the rights of fisher folk, especially of the local communities with
priority to municipal fisher folk, in the preferential use of the municipal waters;
mga fisherman man right sa municipal waters.
-to provide support to the fishery sector, primarily to the municipal fisher folk,
including women and youth sectors, through appropriate technology and
research, adequate financial, production, construction of post-harvest facilities,
marketing assistance, and other services;
-to manage fishery and aquatic resources, in a manner consistent with the
concept of an integrated coastal area management in specific natural fishery
management areas, appropriately supported by research, technical services
and guidance provided by the State; mga fisherfolks/ fisherman on how they
going to conduct sa dagat, tinuturuan sila ng gobyerno, kung paano mag
parami, at nagbibigay din sila ng fingerlings.
-and to grant the private sector the privilege to utilize fishery resources under
the basic concept that the grantee, licensee or permittee thereof shall not only
be a privileged beneficiary of the State but also active participant and partner
of the Government in the sustainable development, management, conservation
and protection of the fishery and aquatic resources of the country. May mga
license ang malalaking company’s na nag uutilize ng fishery resources.
Sardines - tamban ex. Yung mga gumagawa ng sardinas, isasara kapag
kukunti na mga isda, tas paparamihin muna gang mag fishing season
nanaman.

The following are the Prohibitions and Penalties provided by RA 8550

• Unauthorized Fishing or Engaging in Other Unauthorized Fisheries
Activities. - No person shall exploit, occupy, produce, breed, culture,
capture or gather fish, fry or fingerlings of any fishery species or fishery
products, or engage in any fishery activity in Philippine waters without a
license, lease or permit. Yung mga big fishing companies hinuhuli nila
mga ibang nangunguha tas di sila filipino kasi wala silang permit, yung
issue sa Chinese fisherman, yung mga Vietnamese hinuhuli sila. South
china sea
• Discovery of any person in an area where he has no permit or
registration papers for a fishing vessel shall constitute a prima facie
 presumption that the person and/or vessel is engaged in unauthorized
fishing: Provided, That fishing for daily food sustenance or for leisure
which is not for commercial, occupation or livelihood purposes may be
allowed. Yung mga maliit na mangingisda, di nakailangan ng permit,
kasi ginagawa lang nila yun pangkain nila, o kung kaya for experience.
Inaallow yun unlike for big fisher na binebenta nila.
2. Poaching in Philippine Waters. - It shall be unlawful for any foreign
person, corporation or entity to fish or operate any fishing vessel in
Philippine waters. Pang filipino citizen lang yan.
• The entry of any foreign fishing vessel in Philippine waters shall
constitute a prima facie evidence that the vessel is engaged in fishing in
Philippine waters.
• Violation of the above shall be punished by a fine of One hundred
thousand U.S. Dollars (US$100,000.00), in addition to the confiscation of
its catch, fishing equipment and fishing vessel: Provided, That the
Department is empowered to impose an administrative fine of not less
than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two
hundred thousand U.S. Dollars (US$200,000.00) or its equivalent in the
Philippine Currency. I coconfiscate mga equipment nila.
3. Fishing Through Explosives, Noxious or Poisonous Substance,
and/or Electricity. - (1) It shall be unlawful for any person to catch,
take or gather or cause to be caught, taken or gathered, fish or any
fishery species in Philippine waters with the use of electricity, explosives,
noxious or poisonous substance such as sodium cyanide in the
Philippine fishery areas, which will kill, stupefy, disable or render
unconscious fish or fishery species: kuryente, dynamite fishing, pag
kukuryente mga mamatay yung ibang isda.
• Provided, That the Department, subject to such safeguards and
conditions deemed necessary and endorsement from the concerned
LGUs, may allow, for research, educational or scientific purposes only,
the use of electricity, poisonous or noxious substances to catch, take or
gather fish or fishery species: Provided, further, That the use of
poisonous or noxious substances to eradicate predators in fishponds in
accordance with accepted scientific practices and without causing
adverse environmental impact in neighboring waters and grounds shall
not be construed as illegal fishing. Pedeng allow ang paraan ng
pangingisda para sa research lang.
• It will likewise be unlawful for any person, corporation or entity to
possess, deal in, sell or in any manner dispose of, any fish or fishery
species which have been illegally caught, taken or gathered.
• (2) Mere possession of explosive, noxious or poisonous substances or
electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from six (6) months to two (2) years.
• (3) Actual use of explosives, noxious or poisonous substances or
electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from five (5) years to ten (10) years without
prejudice to the filing of separate criminal cases when the use of the
same result to physical injury or loss of human life.
• (4) Dealing in, selling, or in any manner disposing of, for profit, illegally
caught/gathered fisheries species shall be punished by imprisonment
ranging from six (6) months to two (2) years.
• (5) In all cases enumerated above, the explosives, noxious or poisonous
substances and/or electrical devices, as well as the fishing vessels,
fishing equipment and catch shall be forfeited.
• 4. Use of Fine Mesh Net. - It shall be unlawful to engage in fishing using
nets with mesh smaller than that which may be fixed by the Department:
Provided, That the prohibition on the use of fine mesh net shall not apply
to the gathering of fry, glass eels, elvers, tabios, and alamang and such
species which by their nature are small but already mature to be
identified in the implementing rules and regulations by the Department.
May specific na size ng fish net.
• 5. Use of Active Gear in the Municipal Waters and Bays and Other
Fishery Management Areas. - It shall be unlawful to engage in fishing
in municipal waters and in all bays as well as other fishery management
areas using active fishing gears as defined in this Code. Bawat municipal
waters , may mga LGU’s na may hawak dun at need na may permit ka.
Violators of the above prohibitions shall suffer the following
penalties:
• (1) The boat captain and master fisherman of the vessels who
participated in the violation shall suffer the penalty of imprisonment
from two (2) years to six (6) years;
• (2) The owner/operator of the vessel shall be fined from Two thousand
pesos (P2,000.00) to Twenty thousand pesos (20,000.00) upon the
discretion of the court.
 • If the owner/operator is a corporation, the penalty shall be imposed on
the chief executive officer of the Corporation.
• If the owner/operator is a partnership the penalty shall be imposed on
the managing partner.
• (3) The catch shall be confiscated and forfeited.
6. Ban on Coral Exploitation and Exportation. - It shall be unlawful for any
person or corporation to gather, possess, sell or export ordinary precious and
semi-precious corals, whether raw or in processed form, except for scientific or
research purposes.
7. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs
and Other Marine Habitat. - It shall be unlawful for any person, natural or
juridical, to fish with gear method that destroys coral reefs, seagrass beds, and
other fishery marine life habitat as may be determined by the Department.
"Muro-Ami" and any of its variation, and such similar gear and methods that
require diving, other physical or mechanical acts to pound the coral reefs and
other habitat to entrap, gather or catch fish and other fishery species are also
prohibited.
8. Illegal Use of Superlights. - It shall be unlawful to engage in fishing with
the use of superlights in municipal waters or in violation of the rules and
regulations which may be promulgated by the Department on the use of
superlights outside municipal waters.
 9. Conversion of Mangroves. - It shall be unlawful for any person to convert
mangroves into fishponds or for any other purposes. Mangroves must be
protected, di pede I convert mo ang mangroves forest para gawing fishpond.
10. Fishing in Overfished Area and During Closed Season. - It shall be
unlawful to fish in overfished area and during closed season. Bawal mag fish
kapag di sinabing di pede.
11. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It shall be
unlawful to fish in fishery areas declared by the Department as fishery
reserves, refuge and sanctuaries.
12. Fishing or Taking of Rare, Threatened or Endangered Species. - It
shall be unlawful to fish or take rare, threatened or endangered species as
listed in the CITES and as determined by the Department. Laman dagat na
endangered na, gaya ng pangolins, turtle.
13. Capture of Sabalo and Other Breeders/Spawners. - It shall be unlawful
for any person to catch, gather, capture or possess mature milkfish or "sabalo"
and such other breeders or spawners of other fishery species as may be
determined by the Department: Provided, That catching of "sabalo" and other
breeders/spawners for local breeding purposes or scientific or research
purposes may be allowed subject to guidelines to be promulgated by the
Department.
14. Importation or Exportation of Fish or Fishery Species. - Any
importation or exportation of fish or fisheries species in violation of this Code
shall be punished by eight (8) years of imprisonment, a fine of Eighty thousand
pesos (P80,000.00) and destruction of live fishery species or forfeiture of non-
live fishery species in favor of the department for its proper disposition:
Provided, That violator of this provision shall be banned from being members
or stock holders of companies currently engaged in fisheries or companies to be
created in the future, the guidelines for which shall be promulgated by the
Department.
15. Violation of Catch Ceilings. - It shall be unlawful for any person to fish in
violation of catch ceilings as determined by the Department. Violation of the
provision of this section shall be punished by imprisonment of six (6) months
and one (1) day to six (6) years and/or a fine of Fifty thousand pesos
(P50,000.00) and forfeiture of the catch, and fishing equipment used and
revocation of license. Di lahat pedeng kunin.
16. Aquatic Pollution. - Aquatic pollution, as defined in this Code shall be
unlawful.

SALIENT FEATURES OF REPUBLIC ACT NO. 7942, KNOWN AS

“THE PHILIPPINE MINING ACT OF 1995”

AND ITS REVISED IMPLEMENTING RULES AND REGULATIONS
Ginawa to approaches, forming, finalizing signing contracts. Namely,
mineral production sharing agreement, foreign technical assistant
agreement which permits foreign, PSA.
840 BILLION WORTH UNTAP, gold, copper, nicle, bromite, CHROMITE,
LIMESTOME, CLAYS, FELSPHAR. AND OTHER PRECIOUS STONE.
SIGNED INTO LAW KAPANAHUNAN NI DATING PRES FIDEL RAMOS, MADE
INTO LAW, ATTRACT MORE FOREIGN INVESTMENT.
MINING AND SUSTAINABLE DEVELOPMENT
The current Philippine policy framework for mining is anchored on Republic
Act No. 7942 or the Philippine Mining Act of 1995 and Presidential Decree No.
1586 or the Philippine Environmental Impact Statement (EIS) System.
PD No. 1586 or the Philippine Environmental Impact Statement (EIS)
System. Ensures that environmental concerns are adequately addressed in
all stages of project implementation. The EIS identifies potential
environmental impacts from development activities like mining and provides
for mitigative or ameliorative mechanisms to minimize or eliminate such
impacts. It also sets out the process in obtaining social acceptability.
RA No. 7942 or the Philippine Mining Act of 1995. The Act is considered
as the primary tool to revitalize the mining industry but with equal emphasis
on both social and environmental responsibilities. TIGNAN NG BATS NA TO,
KINOKONSIDER YUNG RESPONSIBILITY NIYA SA ENVIRONMENT OR
SOCIETY, KUNG NAKAKA AFFECT, THEY HAVE TO INVESTIGATE ABOUT TAT
Exploration. Means searching or prospecting for mineral resources by
geological, geochemical and/or geophysical surveys, remote sensing, test
pitting, trenching, drilling, shaft sinking, tunneling or any other means for the
purpose of determining their existence, extent, quality and quantity and the
feasibility of mining them for profit. YUNG TITIGNAN KUNG MAY MAMIMINA
DUN.
Development. Means the work undertaken to explore and prepare an orebody
or a mineral deposit for mining, including the construction of necessary
infrastructure and related facilities. SA MINESVIEW PART, MAY PERMIT NA
MINAHAN NA YUN. BENGUET 70-80 YEARS, MALAKING COMPANY NA
NAGMIMINA DUN. BALATOK MINING CORPORATION ANG NAME NG
COMPANY SA BENGUET NA NAGMIMINA
Utilization. Means the extraction, mineral processing and/or disposition of
minerals.
Lease or Lease Contract. A Contract issued by the government granting the
lessee, his heirs, successors, and assigns the right to extract and utilize all
mineral deposits found on or underneath the surface of his mining claims
covered by the lease for his own benefit, and to use the lands covered for the
purpose or purposes specified therein. UUPAHAN MO YUN PARA MA
EXTRACT MGA MINERAL RESOURCES.
Area Relinquishment. The progressive reduction of the contract area over the
six (6) years exploration period. KUNG MALAWAKYUNG MINIMINA MO,
KUKUNIN NG GOVT YUNG IBA, KUNG GUSTO MO PA, MAG APPLY KA ULIT
PARA MA EXPAND.
Service Contractor. A person or entity who enters into an agreement to
undertake a specific work related to mining or quarrying operations of a
Contractor/Permit Holder/Permittee/Lessee.
Environmental Compliance Certificate (ECC). This is a document issued by
the DENR Secretary certifying that based on the representations of the
proponent, the proposed project or undertaking as reviewed by the
Environmental Impact Assessment Review Committee will not cause a
significant negative environmental impacts and that the proponent is
committed to implement its approved mitigating measures. MOST IMPORTANT
CERTIFICATE FROM DENR. MEANS NITO AY WALANG IMPACT OR PARA
MAPABABA SA ENVIRONMENT
Environmental Work Program. Refers to the comprehensive and strategic
environmental management plan to achieve the environmental management
objectives, criteria and commitments including protection and rehabilitation
of the disturbed environment during the exploration period. PLANO ON HOW
TO ACHIEVE THE WELL MANAGE ENVIRONMENT DURING EXPLORATION .
PAG NAGBUBUTAS SILA, BINABALIK DIN AGAD KASI MAG KAKASINK HOLE.
Environmental Protection and Enhancement Program (EPEP). Refers to
the comprehensive and strategic environmental management plan for the life
of the mining project on which AEPEPs ANNUAL Environmental Protection
and Enhancement Program. YEARLY TO are based and implemented to
achieve the environmental management objectives, criteria and commitments
including protection and rehabilitation of the disturbed environment.
5 MODES OF ENTRY IN AREAS OPEN TO MINING
Exploration Permit. This is a permit issued by the Government granting the
Contractor/Permittee the right to search or prospect for mineral resources.
Financial or Technical Assistance Agreement. This is a contract between
the Government and the Contractor involving financial or technical assistance
for large- scale exploration, development and utilization of mineral resources.
KUNG WALA KANG ENOUGH FUND TO EXPLORE SUBJECT FOR MINING,
PAPAHIRAMAN KA NG GOV’T.
Small-Scale Mining Permit. This is a permit issued by the Government
granting the Permittee the right to conduct mining activities that rely heavily
on manual labor using simple implement and methods and do not use
explosives or heavy mining equipment.
Acceptance, processing, evaluation and determination of administrative fees
for Small- Scale Mining Permits shall be the duty of the Provincial/City
Mining Regulatory Board.
Quarry Permit. This refers to the permit granted to a Qualified Person for the
extraction and utilization of quarry resources on public or private land.
Acceptance, processing, evaluation and determination of administrative fees
for Quarry Permits shall be the duty of the Provincial/City Mining Regulatory
Board. NAGBIBIGAY NG PERMIT SA QUARRY
AREAS CLOSED TO MINING
a) Old growth or virgin forests, proclaimed watershed forest reserves,
wilderness areas, mangrove forests, mossy forests, national parks,
provincial/municipal forests, tree parks, greenbelts, game refuge, bird
sanctuaries and areas proclaimed as marine reserves/marine parks and
tourist zones as defined by law and identified initial components of the
National Integrated Protected Areas System (NIPAS) pursuant to R.A. No. 7586
and such areas expressly prohibited thereunder, as well as under Department
Administrative Order No. 25, Series of 1992, and other laws.
b) Areas covered by valid and existing mining rights and mining
applications.
c) Areas that the Secretary may exclude. DENR
d) Areas expressly prohibited by law.
SHARING FROM THE NATIONAL WEALTH
The revised IRR (INTERNAL RULES AND REGULATION) ensures the equitable
sharing of benefits among the four major stakeholders - the National and
Local Governments, the Mining Contractor and the Host Communities.
Other Permits:
MINERAL PROCESSING PERMITS
• A 5-year Permit, renewable for like periods, up to a
maximum of 25 years;
• Allows both local and 100% foreign-owned corporations;
• Requirement to submit adequate ore supply contract to
justify the establishment of the processing plant; DAPAT I JUSTIFY NILA
BASED SA STUDY AND SURVEY NILA, PARA MA PROCESSA NG MINERAL
RESOURCES DOON.
• Can be granted for cement plants, smelting and refining; beneficiation
plants; marble cutting and processing plants, and others of similar nature.
REPUBLIC DEMENT, PART NG VISAYAS.
SUSTAINABILITY IN THE CONTEXT OF MINING
THE MINERALS INDUSTRY CAN CONTRIBUTE TO SUSTAINABLE
DEVELOPMENTFOR AS LONG ASMINERAL RESOURCES DEVELOPMENT IS
UNDERTAKEN WITH THE PRIMARY OBEJECTIVE OS MAXIMIZING
ENVIRONMENTAL, ECONOMIC AND SOCIAL BENEFIT.

Republic Act No. 7586

“National Integrated Protected Areas System Act of 1992”
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE
AND COVERAGE, AND FOR OTHER PURPOSES.
Purpose
 Protect and maintain the natural biological and physical diversities of the
environment development, as well as plant and animal life.
 secure for the Filipino people of present and future generations all native
plants and animals
 establishment of a comprehensive system of integrated protected areas
within the classification of national park
National Integrated Protected Areas System (NIPAS)
 Outstandingly remarkable areas and biologically important public lands 

 Habitats of rare and endangered species of plants and animals

 Biogeographic zones and related ecosystems, whether terrestrial,

wetland or marine
 Proclaimed as Protected Areas

SECTION 3.         Categories

a.         Strict nature reserve;
b.         Natural park;
c.         Natural monument;
d.         Wildlife sanctuary;
e.         Protected landscapes and seascapes;
f.          Resource reserve;
g.         Natural biotic areas; and
h.         Other categories established by law, conventions or international
agreements which the Philippine Government is a signatory.
 1. “National Integrated Protected Areas System (NIPAS)” is the
classification and administration of all designated protected areas to
maintain essential ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable use of resources found
therein, and to maintain their natural conditions to the greatest extent
possible;
 2. “Protected Area” refers to identified portions of land and water set
aside by reason of their unique physical and biological significance,
managed to enhance biological diversity and protected against
destructive human exploitation;
DENR is incharge in the Implementation Implementation of NIPAS
Protected Area Management Board
 The Regional Executive Director under whose jurisdiction the protected
area is located;
 one (1) representative from the autonomous regional government, if
applicable; the Provincial Development Officer;
 one (1) representative from the municipal government;

 one (1) representative from each barangay covering the protected area;

 one (1) representative from each tribal community, if applicable; and,

 at least three (3) representatives from non-government

organizations/local community organizations, and
 if necessary, one (1) representative from other departments or national
government agencies involved in protected area management.
Role of The Members of The Board
 decide the allocations for budget,

 approve proposals for funding,

 decide matters relating to planning,

 peripheral protection and

 general administration of the area in accordance with the general

management strategy
SECTION 13.        Ancestral Lands and Rights Over Them.
 Ancestral lands and customary rights and interest arising shall be
accorded due recognition
  The DENR shall prescribe rules and regulations to govern ancestral
lands within protected areas
 Provided, that the DENR shall have so power to evict indigenous
communities from their present occupancy nor resettle them to another
area without their consent ,
 Provided that it shall be subjected to notice and hearing to be
participated in by members of concerned indigenous community
SECTION 20.        Prohibited Acts
a.         Hunting, destroying, disturbing, or mere possession of any plants or
animals or products derived therefrom without a permit from the Management
Board;
b.         Dumping of any waste products detrimental to the protected area, or to
the plants and animals or inhabitants therein;
c.         Use of any motorized equipment without a permit from the
Management Board;
d.         Mutilating, defacing or destroying objects of natural beauty, or objects
of interest to cultural communities (of scenic value);
e.         Damaging and leaving roads and trails in a damaged condition;
f.          Squatting, mineral locating, or otherwise occupying any land;
g.         Constructing or maintaining any kind of structure, fence or enclosures,
conducting any business enterprise without a permit;
h.         Leaving in exposed or unsanitary conditions refuse or debris, or
depositing in ground or in bodies of water; and
i.          Altering, removing destroying or defacing boundary marks or signs.
Penalties
 any of the offenses in the preceding section shall be fined in the amount
of not less than Five thousand pesos (P5,000) nor more than Five
hundred thousand pesos (P500,000), exclusive of the value of the thing
damaged or imprisonment for not less than one (1) year but not more
than six (6) years, or both, as determined by the court.

◼ “CHAIN SAW ACT OF 2002"

AN ACT REGULATING THE OWNERSHIP,POSSESSION, SALE,

IMPORTATION AND USE OF CHAIN SAWS, PENALIZING VIOLATIONS
THEREOF AND FOR OTHER PURPOSES.
SECTION 2. DECLARATION OF STATE POLICY
❑ it is the policy of the state consistent with the constitution:
1. To conserve
2. To develop
To protect--- the forest resources under sustainable management.
SECTION 3. DEFINITION OF TERMS
a. Chainsaw- any portable power saw or similar cutting implement, or
similar means, that may be used for, but is not limited to, the felling of
trees or the cutting of timber.
b. Chainsaw dealer- person, natural or juridical, engaged in the
manufacture, importation, distribution, purchase and/or sale of
chainsaws.
c. c. Department- Department of Environment and Natural
Resources(DENR).
d. d. Secretary- Secretary of the Department of Environment and Natural
Resources.
SECTION 5. PERSONS AUTHORIZED TO POSSESS AND USE A
CHAINSAW
❖ a. has a subsisting timber license agreement, production sharing
agreement, or similar agreements, or a private land timber permit;
b. is an orchard and fruit tree farmer;
c. is an industrial tree farmer;
d. is a licensed wood processor and the chainsaw shall be used for the
cutting of timber that has been legally sold to said applicant; or
e. shall use the chainsaw for a legal purpose.
SECTION 6. REGISTRATION OF CHAINSAW
Within a period of three (3) months from effectivity hereof, all persons
who own or are otherwise in possession of chainsaws must register the
same with the Department, through any of its Community Environment
and Natural Resources Office, which shall issue the corresponding
registration certificate or permit if it finds such persons to be qualified
hereunder.
Every permit to possess and/or use a chainsaw for legitimate purpose
shall be valid for two (2) years upon issuance: Provided, that permits to
possess and use chainsaw issued to non-commercial orchard and fruit
tree farmers shall be valid for a period of five (5) years upon issuance.
For this purpose, the Department shall be allowed to collect reasonable
registration fees for the effective implementation of this Act.
SECTION 7. PENAL PROVISION (SALIENT FEATURES)
1. Selling, Purchasing, Re-selling, Transferring, Distributing or
Possessing a Chainsaw Without a Proper Permit.
◼ IMPRISONMENT

4 Years 2 months and 1 day to 6 years OR

◼ FINE

Not less than P15,000 but not more than P300,000

2. Unlawful Importation or Manufacturing of Chainsaw
◼ IMPRISONMENT

not less than 1 month nor more than 6 months and

 or
◼ FINE

Not less than P1,000 nor more than P4,000

3.  Tampering of Engine serial Number
◼ IMPRISONMENT

not less than 1 month nor more than 6 months and

or
◼ FINE

Not less than P1,000 nor more than P4,000

4. Actual Unlawful Use of Chainsaw
◼ IMPRISONMENT

not less than 6 years and 1 day to 8 years

or
◼ FINE

Not less than P30,000 but not more than P50,000

◼ If the violation under this Section is committed by or through the
command or order of another person, partnership or corporation.
◼ If the offender is a public official or employee

◼ The chainsaws confiscated

SECTION 8. REWARD
Any person who voluntarily gives information leading to the recovery or
confiscation of an unregistered chainsaw and the conviction of persons
charged thereof shall be entitled to a reward equivalent to twenty (20%)
of the value of the chainsaw unit/s. The Department is authorized to
include in its budget the amount necessary to carry out the purpose of
this section.
SECTION 9. AUTHORITY OF THE SECRETARY
◼ In the Province of Palawan, the provisions of this Act shall be
implemented by the Palawan Council for Sustainable Development
pursuant to Republic act No. 7611 or the Strategic Environmental Plan
for Palawan.
 SECTION 10. REVOCATION OF REGISTRATION AND PERMIT
◼ The Secretary may revoke any Certificate of Registration or permit
previously issued to a person found violating the provisions of this Act,
or the rules and regulations issued pursuant thereto.

“If you cut down a forest, it doesn't matter how many sawmills you
have if there are no more trees.”
BY: SUSAN GEORGE

WILDLIFE LAW

WHAT IS WILDLIFE?
• Wild forms and varieties of flora and fauna
• In all developmental stages
• Including those which are in captivity or are being bred or propagated
• Grow or live wild in areas not introduced by humans (undomesticated)

1. STATE POLICY
“All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are owned by the State…”

Laws Relevant to Wildlife

Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act)
State policy:
• Conserve wildlife resources
• Conserve wildlife habitats for sustainability
• Regulatory mechanism
SCOPE OF APPLICATION

◎ all wildlife species

◎ all areas of the country

◎ all exotic species
EXCLUDED:

◎ domesticated or propagated species

◎ EXCEPTION: wild form (DENR/DA)

2. JURISDICTION – AUTHORITY
(DENR- DA)

PRIMARY JURISDICTIO POWER AND

AGENCIES N AUTHORITIE
: S
DENR
1. All terrestrial 1. Power to review
plant and animal 2. Revise and
species regularly update
2. Turtles and the list of
tortoises and species under
wetland species, their respective
e.g. crocodiles, jurisdiction
water birds, and
all amphibians
and dugong

DA
1. All aquatic
critical habitats Same
and aquatic
resources, e.g.
all fishes,
aquatic plants,
invertebrates,
and all marine
mammals,
 2. except dugong

3. WILDLIFE CATEGORIES
(status)
THREATENED SPECIES
◎ critically endangered, endangered, vulnerable, or other accepted
categories of wildlife
◎ which population is at risk of extinction
THREATHENED SPECIES
1. VULNERABLE
2. ENDANGERED
3. CRITICALLY ENDANGERED

VULNERABLE
• Neither critically endangered nor endangered
• under threat from various factors
• likely to move to endangered category in the near future
ENDANGERED
• not yet critically endangered
• survival in the wild is unlikely if the causal factors continue
operating
CRITICALLY ENDANGERED
• Species facing extremely high risk of extinction in the wild in
the immediate future

4. MANDATES, ROLES AND FUNCTIONS OF AGENCIES

INVOLVED IN WILDLIFE LAW ENFORCEMENT
 Department of Environment and Natural Resources (DENR)
1. Protected Areas and Wildlife Bureau (PAWB)
- national parks, marine parks, game refuges and
wildlife
- endangered Phil. flora and fauna
- Prepares up-to date listing of endangered species
2. Forest Management Bureau (FMB)
- forest lands, watersheds, mangrove areas
- the utilization and exploitation of forest resources
including wildlife
3. Environmental Management Burea (EMB)
- environmental impact assessment

Activities under Republic Act 9147 must undergo (EIA)

process

◎ EIA process for the following:

  Introduction of exotic fauna
 release of pathogenic organism
 testing of genetically-engineered organism:
* in critical area
* significant risks to the environment

Functions of DENR on Wildlife Law Enforcement

Protected Area Superintendents (PASU)

◎ peace officer
◎ May arrest any person with police supervision
◎ Demand autority/permit on
extraction/gathering activities inside PA
◎ Seize and confiscate … used inside the PA by
unlicensed persons or in violation of PA laws,
rules, and regulations
◎ To report such violations … issued by the
Secretary concerning … natural resources and
confiscated wildlife (DAO 25-92, Sec 38)
5. Wildlife Enforcement Officers (WEO)

W H O may be “designated” Wildlife Enforcement Officers (WEO)

1. DENR officials and field personnel
Wildlife Enforcement Officers (WEO)
2. DA officials and field personnel
Limited to:
i. all declared aquatic critical habitats
ii. all aquatic resources
iii. 3. deputized WEO from NGO, community organization, and other
volunteers
iv. * but have undergone the necessary training for this purpose
(RA 9147, sec30)
v. 4. designated WEO from PNP, AFP, NBI, and other law enforcement
agencies (RA 9147)
vi. - enforcement officer but not designated

FUNCTIONS OF WFO
1. seize illegally traded wildlife and arrest violators of RA 9147
2. seize illegally collected, possessed and/or traded wildlife, or parts, by-
products and/or derivatives thereof
3. arrest even without warrant any person who has committed, is
committing, or is about to commit in his presence any of the offenses
provided under the Act and other relevant laws, rules and regulations
4. Assist in the conduct of surveillance and monitoring of wildlife-related
activities
5. Deliver the arrested offender within reasonable time to the nearest police
station and assist in filing the proper complaint with the appropriate
official designated by law to conduct PI or inquest
6. Deliver within reasonable time to the nearest CENRO, PENRO or DENR
Regional Office or BFAR Regional/Provincial Offices for custody all
confiscated wildlife, their parts, by-products and/or derivatives, as well
as tools, equipment and conveyances used in the commission of the
crime, including corresponding reports
7. Act as witness in court (criminal complaints against wildlife violators)
8. Prosecute cases before MTCs in areas where there are no prosecutors
9. Submit monthly accomplishment reports to the concerned field offices
with jurisdiction over area of operations
10. Coordinate with other law enforcement agencies for security
reasons, if necessary

6. “PROHIBITED” ACTIVITIES UNDER RA 9147

 PROHIBITED ACTS

 Killing and destroying wildlife species

(Section 27 (a))

Exceptions:

1. religious rituals of established tribal groups

or ICCs
2. afflicted with an incurable communicable
disease
3. deemed necessary to put an end to the
misery suffered by the wildlife
4. prevent an imminent danger to the life and
limb of a human being
5. When the wildlife is killed or destroyed after
it has been used in authorized research or
experiments
 PENALTIES (SECTION 28, RA 9147)

 Imprisonment of:

6 years and 1 day to 12 years and/or fine of 100,000 to 1

million (species listed as critical)

4 years and 1 day to 6 years and/or fine of 50,000 to 500,000

(for endangered species)

2 years and 1 day to 4 years and/or fine of 30,000 to 300,000

(vulnerable species)

1 year and 1 day to 2 years and/or fine of 20,000 to 200,000

(for threatened species)

6 months and 1 day to 1 year and/or fine of 10,000 to

100,000 (other wildlife species)

 PROHIBITED ACTS

 Inflicting injury which cripples and/or impairs the reproductive

system of wildlife species
PENALTIES
(Section 27[b]) (SECTION
28, RA 9147)

PENALTIES (SECTION 28, RA 9147)

 Imprisonment of:

4 years and 1 day to 6 years and/or fine of 50,000 to

500,000 (species listed as critical)
 2 years and 1 day to 4 years and/or fine of 30,000 to
200,000 (endangered species)

1 year and 1 day to 2 years and/or fine of 20,000 to

200,000 (vulnerable species)

6 months and 1 day to 1 year and/or fine of 10,000

to 50,000 (threatened species)

1 month to 6 months and/or fine of 5,000 to 20,000

(other wildlife species)

 ACTIVITY

Effecting any of the following acts in critical habitats:

1. Dumping of waste products detrimental to wildlife
2. Squatting or otherwise occupying any portions of the
critical habitats
3. Mineral exploration and/or extraction
4. Burning
5. Logging
6. Quarrying

(Section 27 [c])
Introduction, reintroduction or restocking of wildlife
resources
(Section 27 (d))

REQUIREMENTS/RESTRICTIONS

Imprisonment of:

1 month to 8 years and/or fine of 5,000 to 5 million

pesos

Imprisonment of:

1 month to 8 years and/or fine of 5,000 to 5 million

pesos

 ACTIVITY

Collecting, hunting or possessing wildlife, their by-

products or derivatives
(Section 27(f))

(note: if act committed through inappropriate

techniques and devices, maximum penalty will
apply)

Gathering or destroying of active nests, nest trees,

host plants, and the like
(Section 27 (g))

REQUIREMENTS/RESTRICTIONS

Imprisonment of:

2 years and 1 day to 4 years and fine of 30,000 to

300,000 (species listed as critical)

1 year and 1 day to 2 years and fine of 20,000 to

200,000 (endangered species)

6 months and 1 day to 1 year and a fine of 10,000 to

100,000 (vulnerable species)

1 month and 1 day to 6 months and a fine of 5,000

to 50,000 (other threatened species)

10 days to 1 month and a fine of 1,000 to 5,000

 (other wildlife species)

 ACTIVITY

Maltreating and/or inflicting other injuries

not covered by the preceding paragraph
(Section 27 (h))

Transporting of wildlife
(Section 27 (i))

Imprisonment of:

6 months and 1 day to 1 year and a fine of 50,000

to 100,000 (species listed as critical)

3 months and 1 day to 6 months and a fine of

20,000 to 50,000 (endangered species)

1 month and 1 day to 3 months and a fine of

5,000 to 20,000 (vulnerable species)

10 days to 1 month and a fine of 1,000 (other

threatened species)
5 days to 10 days and a fine of 200 to 1,000 (other
wildlife species)

Same as above

 ACTIVITY

Additional penalties: (Section 28, RA

9147)

1. Forfeiture of all wildlife, its derivatives

or by-products, and all paraphernalia,
tools, and conveyances used in
connection with violations of this act;
2. if conveyance owned by third-person who
has no participation in or knowledge of
the illegal acts, same may be released to
the owner;

REQUIREMENTS/RESTRICTIONS

1. if offender is an alien – deportation after

service of sentence and payment of fines
 *Turnover to the nearest Wildlife Rescue
Center of the Department in the area –
the apprehending agency shall
immediately cause the transfer of all
wildlife that have been seized or
recovered

WILDLIFE TRADE
- act engaging in the exchange, exportation or importation, purchase or sale of
wildlife, their derivatives or by-products, locally or internationally (Section 5(t)
RA 9147)
Wildlife Smuggling STRATEGIES
* falsified or forged documents
* False declaration or non-declaration
* Concealment
When is it ILLEGAL?
* Transactions use fraudulent or fictitious permit
* Species and quantity exceeds what are allowed under a permit
Absent of permit.

PRESIDENTIAL DECREE No.953

REQUIRING THE PLANTING OF TREES IN CERTAIN PLACES AND PENALIZING
UNAUTHORIZED CUTTING, DESTRUCTION, DAMAGING AND INJURING OF
CERTAIN TREES, PLANTS AND VEGETATION
(July 6, 1976)
RATIONALE
 WHEREAS, the planting of trees on lands adjoining the edge of rivers and
creeks in both a measure of beautification and reforestation; and
 WHEREAS, the planting of trees along roads and areas intended for the
common use of owners of lots in subdivisions will provide shade and healthful
environment therein

The Director of Forest Development shall issue such rules

and regulations as may be necessary to carry out the
purposes of this Decree.

Section 1. The following shall PLANT TRESS

1. Every person who owns land adjoining a river or creek at least five meters on
his land adjoining the edge of the bank of the river or creek except when such
land, due to its permanent improvement, cannot be planted with trees;
2. Every owner of an existing subdivision Plant trees in open spaces, all roads and
service streets Consultation as to the appropriate species of trees to be planted
and the manner of planting.
3. Every holder of a license agreement, lease, license or permit from the
Government, involving occupation and utilization of forest or grazing land with
a river or creek therein,shall plant trees extending at least twenty (20) meters
from each edge of the bank of the river or creek.
The persons hereinabove required to plant trees shall take good care of them
replant with trees their respective areas whenever necessary.

Every owner of land subdivided into residential/commercial/industrial lots

after the effectivity of this Decree shall reserve, develop and maintain not less
than thirty percent (30%) of the total area of the subdivision, exclusive of
roads, service streets and alleys, as open space for parks and recreational
areas.

Any person who cuts, destroys, damages or injures, naturally growing or

planted trees of any kind, flowering or ornamental plants and shrubs, or
plants of scenic, aesthetic and ecological values, along public roads, in plazas,
parks other than national parks, school premises or in any other public ground
or place, or on banks of rivers or creeks, or along roads in land subdivisions or
areas therein for the common use of the owners of lots therein, or any species
of vegetation or forest cover found therein

Penalty. imprisonment for not less than six months and not more than two
years, or a fine of not less than five hundred pesos and not more than five
thousand pesos, or with both such imprisonment and fine at the discretion of
the court,
Exception. if it is necessary for public safety or the pruning thereof is
necessary to enhance beauty
Only upon the approval of the duly authorized representative of the head of
agency or political subdivision having jurisdiction therein, or of the Director of
Forest Development in the case of trees on banks of rivers and creeks, or of
the owner of the land subdivision in the case of trees along roads and in other
areas therein for the common use of owners of lots therein.

PENALTY FOR VIOLATORS

Imprisonment for not less than (6) months but not more than (2) years, or with
a fine of not less than P500 but not more than P5000, or with both such
imprisonment than fine at the discretion of the court.
If the offender is a public officer or employee, he shall, in addition, be
dismissed from the public service and disqualified perpetually to hold public
office.
Imprisonment for not less than two (2) years but not more than five (5) years,
or with a fine equivalent to the value, at current valuation, of the area
representing thirty percent (30%) of the total area of the subdivision, or both
such fine and imprisonment at the discretion of the Court.

REPUBLIC ACTNO. 9072

National Caves and Cave Resources Management and Protection Act

Sec. 2. Declaration of Policy.

• It is hereby declared the policy of the State to conserve, protect and manage
caves and cave resources as part of the country's natural wealth.
• Towards this end, the State shall strengthen cooperation and exchange of
information between governmental authorities and people who utilize caves
and cave resources for scientific, educational, recreational, tourism and other
purposes.
Sec. 3. Definition of Terms.
(a) "Cave" means any naturally occurring void, cavity, recess or system of
interconnected passages beneath the surface of the earth or within a cliff or
ledge and which is large enough to permit an individual to enter, whether or
not the entrance, located either in private or public land, is naturally formed
or man made. It shall include any natural pit, sinkhole or other feature
which is an extension of the entrance.
The term also includes caveresources therein, but not any vug, mine
tunnel, aqueduct or other manmade excavation.
(b) "Cave resources"
includes any material or substance occurring naturally in caves, such as
animal life, plant life, including paleontological and archaeological deposits,
cultural artifacts or products of human activities, sediments, minerals,
speleogems and speleothems.
(c) "Significant Cave"
refers to a cave which contains material or possesses features that
have archaeological, cultural, ecological, historical or scientific
value as determined by the DENR in
coordination with the scientific community and the academe.
Sec. 4. Implementing Agency
The DENR shall be the lead agency tasked to implement the provisions of this
Act in coordination with the Department of Tourism (DOT), the
National Museum, the National Historical
Institute and concerned local government units (LGUs) for
specific caves,
…except that in the Province of Palawan, the Palawan Council for Sustainable
Development shall be the lead implementing agency pursuant to Republic Act
No. 7611 or the Strategic Environmental Plan for Palawan Act.
Sec. 6. Information Concerning the Nature and Location of Significant
Caves
Information concerning the nature and specific location of a potentially
significant cave shall not be made available to the public within one (1) year
after its discovery by the DENR, during which time the DENR in coordination
with the DOT, the National Museum, the National Historical Institute,
concerned LGUs the scientific community and the academe shall assess its
archaeological, cultural, ecological, historical and scientific value, unless a
written request is made and the Secretary determines that disclosure of such
information will further the purpose of this Act and will not create a
substantial risk of harm, theft or destruction on such cave.

Sec. 7. Prohibited Acts. - The following shall be considered Prohibited

Acts:
(a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or
harming the speleogem or speleothem of any cave or altering the free
movement of any animal or plant life into or out of any cave;
(b) Gathering, collecting, possessing, consuming, selling, bartering or
exchanging or offering for sale without authority any, cave resource; and
(c) Counselling, procuring, soliciting or employing any other person to violate
any provisions of this Section.

Sec. 8. Penalties.
Any person found guilty of any of the offenses enumerated under Section
7 hereof shall be punished by imprisonment from two (2) years to six (6)
years or a fine ranging from Twenty thousand pesos (P20,000) to five
hundred thousand pesos (P500,000.00) or both at the discretion of the
Court: Provided, That the person furnishing the capital to accomplish the
acts punishable herein shall be punished by imprisonment from six (6)
years and one (1) day to eight (8) years or by a fine ranging from Five
hundred thousand pesos (P500,000.00) to One million pesos
(P1,000,000.00) or both at the Discretion of the Court:
Provided, further,
 That if the area requires rehabilitation or restoration as determined by the
Court, the offender shall also be required to restore the same, whenever
practicable or compensate for the damage: Provided finally that if the
offender is a government employee, he or she shall likewise be removed from
office.
Sec. 9. Administrative Confiscation and Conveyance.
The Secretary shall order the confiscation, in favor of the Government of the
cave resources gathered, collected, removed, possessed or sold including the
conveyance and equipment used in violation of Section 7 hereof.

NOTE TO SELF: KEEP FIGHTINGGGGGG!!!

INYA

CRIM 3-C

GROUP 1

R.A. 10121
SECTION 1-6

AN ACT STRENGTHENING THE PHILIPPINE DISASTER RISK REDUCTION AND MANAGEMENT

SYSTEM, PROVIDING FOR THE NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT
FRAMEWORK AND INSTITUTIONALIZING THE NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT PLAN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

Section 1. Title.

● This Act shall be known as the “Philippine Disaster Risk Reduction and Management Act of
2010”.

Section 2. Declaration of Policy. – It shall be the policy of the State to:

● Uphold the people’s constitutional rights to life and property by addressing the root causes of
vulnerabilities to disasters, strengthening the country’s institutional capacity for disaster risk
reduction and management .

● Incorporate internationally accepted principles of disaster risk management in the creation and
implementation of national, regional and local sustainable development.
● Develop, promote, and implement a comprehensive National Disaster Risk Reduction and
Management Plan (NDRRMP) that aims to strengthen the capacity of the national government
and the local government units (LGUs)

● Recognize and strengthen the capacities of LGUs and communities in mitigating and preparing
for, responding to, and recovering from the impact of disasters.

● Recognize and strengthen the capacities of LGUs and communities in mitigating and preparing
for, responding to, and recovering from the impact of disasters.

● Section 3. Definition of Terms.

● “Civil Society Organizations” Or “CSOs” – non-state actors whose aims are neither to generate
profits nor to seek governing power. CSOs unite people to advance shared goals and interests.
They have a presence in public life, expressing the interests and values of their members or
others, and are based on ethical, cultural, scientific, religious or philanthropic considerations.
CSOs include nongovernment organizations (NGOs), professional associations, foundations,
independent research institutes, community-based organizations (CBOs), faith-based
organizations, people’s organizations, social movements, and labor unions.

● “Climate Change” – a change in climate that can’ be identified by changes in the mean and/or
variability of its properties and that persists for an extended period typically decades or longer,
whether due to natural variability or as a result of human activity.

●  “Contingency Planning” – a management process that analyzes specific potential events or

emerging situations that might threaten society or the environment and establishes
arrangements in advance to enable timely, effective and appropriate responses to such events
and situations.

● “Disaster” – a serious disruption of the functioning of a community or a society involving

widespread human, material, economic or environmental losses and impacts, which exceeds the
ability of the affected community or society to cope using its own resources.

●  “Emergency” – unforeseen or sudden occurrence, especially danger, demanding immediate

action.

●  “National Disaster Risk Reduction and Management Framework” or “NDRRMF” – provides for
comprehensive, all hazards, multi-sectoral, inter-agency and community-based approach to
disaster risk reduction and management.

●  “National Disaster Risk Reduction and Management Plan” or “NDRRMP” – the document to
be formulated and implemented by the Office of Civil Defense (OCD) that sets out goals and
specific objectives for reducing disaster risks together with related actions to accomplish these
objectives.

Section 4. Scope

● This Act provides for the development of policies and plans and the implementation of actions
and measures pertaining to all aspects of disaster risk reduction and management, including
 good governance, risk assessment and early warning, knowledge building and awareness raising,
reducing underlying risk factors, and preparedness for effective response and early recovery.

Section 5. National Disaster Risk Reduction and Management Council

The present National Disaster Coordinating Council or NDCC shall henceforth be known as the
National Disaster Risk Reduction and Management Council, hereinafter referred to as the NDRRMC
or the National Council.

Section 6. Powers and Functions of the NDRRMC.

● The National Council, being empowered with policy-making, coordination, integration,

supervision, monitoring and evaluation functions, shall have the following responsibilities:

● Develop a NDRRMF which shall provide for a comprehensive, all-hazards, multi-sectoral, inter-
agency and community-based approach to disaster risk reduction and management.

● The Framework shall serve as the principal guide to disaster risk reduction and management
efforts in the country and shall be reviewed on a five(5)-year interval, or as may be deemed
necessary, in order to ensure its relevance to the times;

● Ensure that the NDRRMP is consistent with the NDRRMF;

● Advise the President on the status of disaster preparedness, prevention, mitigation, response
and rehabilitation operations being undertaken by the government.

● Monitor the development and enforcement by agencies and organizations of the various laws,
guidelines, codes or technical standards required by this Act.

● Develop assessment tools on the existing and potential hazards and risks brought about by
climate change to vulnerable areas and ecosystems in coordination with the Climate Change
Commission;

● Task the OCD to conduct periodic assessment and performance monitoring of the member-
agencies of the NDRRMC, and the Regional Disaster Risk Reduction and Management Councils
(RDRRMCs), as defined in the NDRRMP

Section 7 Authority of the NDRRMC Chairperson. 

● He may call upon other instrumentalities or entities of the government and nongovernment
and civic organizations for assistance.

● This authority includes the power to call on the reserve force to assist in relief and rescue during
disasters or calamities.

Section 8 The Office of Civil Defense. 

OCD HAS 17 REGIONAL OFFICES

Section 9 Powers and Functions of the OCD.

(a) Advise the National Council on matters relating to disaster risk reduction and management
consistent with the policies and scope as defined in this Act;

(b) Formulate and implement the NDRRMP and ensure that the physical framework, social, economic
and environmental plans of communities, cities, municipalities and provinces are consistent with such
plan;

● Section 10

Disaster Risk Reduction and Management Organization at the Regional Level.  

● The current Regional Disaster Coordinating Councils shall be known as the Regional Disaster
Risk Reduction and Management Councils (RDRRMCs)

● The RDRRMC shall be responsible in ensuring disaster sensitive regional development plans.

● Section 11

Organization at the Local Government Level. 

● The existing Provincial, City, and Municipal Disaster Coordinating Councils shall be known as the
Provincial, City, and Municipal Disaster Risk Reduction and Management Councils.

● The Barangay Disaster Coordinating Councils shall cease to exist and its powers and functions
shall be assumed by the existing Barangay Development Councils (BDCs) which shall serve as the
LDRRMCs in every barangay.

● The LDRRMCs shall have the following functions:

1. Approve, monitor and evaluate the implementation of the LDRRMPs and regularly review and test the
plan consistent with other national and local planning programs.

2. Ensure the integration of disaster risk reduction and climate change adaptation into local
development plans, programs and budgets as a strategy in sustainable development and poverty
reduction;

Section 12. Local Disaster Risk Reduction and Management Office (LDRRMO)

 (a) There shall be established an LDRRMO in every province, city and municipality, and a
Barangay Disaster Risk Reduction and Management Committee (BDRRMC) in every · barangay
which shall be responsible for setting the direction, development, implementation and
coordination of disaster risk management programs within their territorial jurisdiction.

 (b) The LDRRMO shall be under the office of the governor, city or municipal mayor, and the
punong barangay in case of the BDRRMC. The LDRRMOs shall be initially organized and
composed of a DRRMO to be assisted by three (3) staff responsible for: (1) administration and
training; (2) research and planning; and (3) operations and warning. The LDRRMOs and the
BDRRMCs shall organize, train and directly supervise the local emergency response teams and
the ACDVs.
  (c) The provincial, city and municipal DRRMOs or BDRRMCs shall perform the following functions
with impartiality given the emerging challenges brought by disasters of our times:

 Design, program, and coordinate disaster risk reduction and management activities consistent
with the National Council’s standards and guidelines;

 Facilitate and support risk assessments and contingency planning activities at the local level;

 Consolidate local disaster risk information which includes natural hazards, vulnerabilities, and
climate change risks, and maintain a local risk map;

 Organize and conduct training, orientation, and knowledge management activities on disaster
risk reduction and management at the local level;

 Operate a multi-hazard early warning system, linked to disaster risk reduction to provide
accurate and timely advice to national or local emergency response organizations and to the
general public, through diverse mass media, particularly radio, landline communications, and
technologies for communication within rural communities;

Section 13. Accreditation, Mobilization, and Protection of Disaster Volunteers and National Service
Reserve Corps, CSOs and the Private Sector. 

– The government agencies, CSOs, private sector and LGUs may mobilize individuals or organized
volunteers to augment their respective personnel complement and logistical requirements in the
delivery of disaster risk reduction programs and activities. The agencies, CSOs, private sector, and LGUs
concerned shall take full responsibility for the enhancement, welfare and protection of volunteers, and
shall submit the list of volunteers to the OCD, through the LDRRMOs, for accreditation and inclusion in
the database of community disaster volunteers.

Section 14. Integration of Disaster Risk Reduction Education into the School Curricula and
Sangguniang Kabataan (SK) Program and Mandatory Training for the Public Sector Employees.

 – The DepED, the CHED, the Technical Education and Skills Development Authority (TESDA), in
coordination with the OCD, the National Youth Commission (NYC), the DOST, the DENR, the DILG-BFP,
the DOH, the DSWD and other relevant agencies, shall integrate disaster risk reduction and
management education in the school curricula of secondary and tertiary level of education, including the
National Service Training Program (NSTP), whether private or public, including formal and nonformal,
technical-vocational, indigenous learning, and out-of-school youth courses and programs.

Section 15. Coordination During Emergencies.

 – The LDRRMCs shall take the lead in preparing for, responding to, and recovering from the
effects of any disaster based on the following criteria:

The BDC, if a barangay is affected

 The city/municipal DRRMCs, If two (2) or more barangays are affected;

  The provincial DRRMC, if two (2) or more cities/municipalities are affected;

 The regional DRRMC, if two (2) or more provinces are affected; and

 The NDRRMC, if two (2) or more regions are affected

Section 16. Declaration of State of Calamity

– The National Council shall recommend to the President of the Philippines the declaration of a
cluster of barangays, municipalities, cities, provinces, and regions under a state of calamity, and
the lifting thereof, based on the criteria set by the National Council. The President’s declaration
may warrant international humanitarian assistance as deemed necessary.

The declaration and lifting of the state of calamity may also be issued by the local sanggunian,
upon the recommendation of the LDRRMC, based on the results of the damage assessment and
needs analysis.

● Section 17. Remedial Measures.

– The declaration of a state of calamity shall make mandatory the Immediate undertaking of the
following remedial measures by the member agencies concerned as defined in this Act:

• (a) Imposition of price ceiling on basic necessities and prime commodities by the President
upon the recommendation of the implementing agency as provided for under Republic Act No.
7581, otherwise known as the “Price Act”, or the National Price Coordinating Council;

• (b) Monitoring, prevention and control by the Local Price Coordination Council of
overpricing/profiteering and hoarding of prime commodities, medicines and petroleum
products;

• (c) Programming/reprogramming of funds for the repair and safety upgrading of public
infrastructures and facilities; and

• (d) Granting of no-interest loans by government financing or lending institutions to the most
affected section of the population through their cooperatives or people’s organizations

● MECHANISM FOR INTERNATIONAL HUMANITARIAN ASSISTANCE

Section 18 of 10121

● “PENAL CLAUSE”

Section 20 of R.A 10121

1. Those who committed the prohibited acts in section 19 shall suffer a fine not less than 50,000 or any
amount not exceed 500,000 pesos.
2. Imprisonment of not less than 6 years and 1 day or more than 12 years or both, at the discretion of
the court.

3. The penalty only impose to the officer’s responsible for committing the prohibited acts in section 19.

4. If the violator is an alien he shall, in addition to the penalties prescribed in this act, be deported
without further proceedings after service of sentence.

● LDRRMF & NDRRMF

Section 21-22 of R.A 10121

● SIMILARITIES

Not less than 5% of the estimated revenue from regular sources shall be set aside as the LDRRMF &
NDRRMF to support disaster risk management activities.

On the amount appropriated for LDRRMF & NDRRMF 30% shall be allocated as Quick Response Fund
(QRF). In areas stricken by disasters, calamities, epidemics or complex emergencies may be normalized
as quickly as possible.

Section 23

Funding of the OCD. - As lead agency to carry out the provisions of this Act, the OCD shall be allocated a
budget of One billion pesos (Php1,000,000,000.00) revolving fund starting from the effectivity of this
Act.

● Section 24

Annual Report. - The National Council, through the OCD, shall submit to the Office of the President, the
Senate and the House of Representatives, within the first quarter of the succeeding year, an annual
report relating to the progress of the implementation of the NDRRMP.

● Section 25

Implementing Rules and Regulations. - The NDRRMC. through its Chairperson. shall issue the necessary
rules and regulations for the effective implementation of this Act within ninety (90) days after approval
of this Act. The OCD. in consultation with key stakeholders. shall take the lead in the preparation of the
implementing rules and regulations with the active involvement of the technical management group of
the NDRRMC.

● Section 26

Congressional Oversight Committee. - There is hereby created a Congressional Oversight Committee to

monitor and oversee the implementation of the provisions of this Act.

● Section 27

Sunset Review. - Within five (5) years after the effectivity of this Act, or as the need arises, the
Congressional Oversight Committee shall conduct a sunset review. For purposes of this Act, the term
"sunset review" shall mean a systematic evaluation by the Congressional Oversight Committee of the
accomplishments and impact of this Act, as well as the performance and organizational structure of its
implementing agencies, for purposes of determining remedial legislation.

● Section 28

Repealing Clause. - Presidential Decree No. 1566 and all other laws, decrees, executive orders,
proclamations and other executive issuance's which are inconsistent with or contrary to the provisions
of this Act are hereby amended or repealed accordingly.

● Section 29

Separability Clause. - If any provision of this Act shall be held unconstitutional or invalid, the other
provisions not otherwise affected shall remain m full force and effect.

● Section 30

Effectivity Clause. - This Act shall take effect fifteen (15) days following its complete publication in the
Official Gazette or in two (2) national newspapers of general circulation.

GROUP 2

RA 9729

AN ACT MAINSTREAMING

CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE FRAMEWORK

STRATEGY AND PROGRAM ON CLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE
CHANGE COMMISSION, AND FOR OTHER PURPOSES

SECTION 1. TITLE

This Act shall be known as the “Climate Change Act of 2009”

SECTION 2. DECLARATION OF POLICY

It is the policy of the State to afford full protection and the advancement of the right of the people to a
healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted
the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs
while maintaining the quality of the natural environment for current and future generations.

• the State adopts the principle of protecting the climate system for the benefit of humankind, on
the basis of climate justice or common but differentiated responsibilities and the Precautionary
Principle to guide decision-making in climate risk management.

• As a party to the United Nations Framework Convention on Climate Change, the State adopts
the ultimate objective of the Convention which is the stabilization of greenhouse gas
concentrations in the atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system which should be achieved within a time frame sufficient to
allow ecosystems to adapt naturally to climate change, to ensure that food production is not
threatened and to enable economic development to proceed in a sustainable manner.
 • As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in
order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the
poor, women, and children, to potential dangerous consequences of climate change such as rising seas,
changing landscapes, increasing frequency and/or severity of droughts, fires, floods and storms, climate-
related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the country’s
environment, culture, and economy, the State shall cooperate with the global community in the
resolution of climate change issues, including disaster risk reduction

Cognizant of the need to ensure that national and subnational government policies, plans, programs and
projects are founded upon sound environmental considerations and the principle of sustainable
development, it is hereby declared the policy of the State to systematically integrate the concept of
climate change in various phases of policy formulation, development plans, poverty reduction strategies
and other development tools and techniques by all agencies and instrumentalities of the government.

SECTION 3. DEFINITION OF TERMS

(a) “Adaptation” refers to the adjustment in natural or human systems in response to actual or

expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities.

(b) “Adaptive capacity” refers to the ability of ecological, social or economic systems to adjust to
climate change including climate variability and extremes, to moderate or offset potential damages and
to take advantage of associated opportunities with changes in climate or to cope with the consequences
thereof.

(c) “Anthropogenic causes” refer to causes resulting from human activities or produced by human
beings.

(d) “Climate Change” refers to a change in climate that can be identified by changes in the mean and/or
variability of its properties and that persists for an extended period typically decades or longer, whether
due to natural variability or as a result of human activity.

(e) “Climate Variability” refers to the variations in the average state and in other statistics of the climate
on all temporal and spatial scales beyond that of individual weather events.

(f) “Climate Risk” refers to the product of climate and related hazards working over the vulnerability of
human and natural ecosystems.

(g) “Disaster” refers to a serious disruption of the functioning of a community or a society involving

widespread human, material, economic or environmental losses and impacts which exceed the ability of
the affected community or society to cope using its own resources.

(h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks through
systematic efforts to analyze and manage the causal factors of disasters, including through reduced
exposure to hazards, lessened vulnerability of people and property, wise management of land and the
environment, and improved preparedness for adverse events.

(i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’s concerns and
experiences an integral dimension of the design, implementation, monitoring, and evaluation of policies
and programs in all political, economic, and societal spheres so that women and men benefit equally
and inequality is not perpetuated. It is the process of assessing the implications for women and men of
any planned action, including legislation, policies, or programs in all areas and at all levels.

(j) “Global Warming” refers to the increase in the average temperature of the Earth’s near-surface air
and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere.

(k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation by the
atmosphere warms the Earth.

(l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to the
greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

(m) “Mainstreaming” refers to the integration of policies and measures that address climate change
into development planning and sectoral decision-making.

(n) “Mitigation” in the context of climate change, refers to human intervention to address
anthropogenic emissions by sources and removals by sinks of all GHG, including ozone- depleting
substances and their substitutes.

(o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made, relative to
emission baselines, for a given level of carbon price (expressed in cost per unit of carbon dioxide
equivalent emissions avoided or reduced).

(p) “Sea level rise” refers to an increase in sea level which may be influenced by factors like global
warming through expansion of sea water as the oceans warm and melting of ice over land and local
factors such as land subsidence.

(q) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to cope with,
adverse effects of climate change, including climate variability and extremes. Vulnerability is a function
of the character, magnitude, and rate of climate change and variation to which a system is exposed, its
sensitivity, and its adaptive capacity.

SECTION 4. CREATION OF THE CLIMATE CHANGE COMMISSION

 The Commission shall be an independent and autonomous body and shall have the same status
as that of a national government agency. It shall be attached to the Office of the President.

 The Commission shall be the sole policy-making body of the government which shall be tasked
to coordinate, monitor and evaluate the programs and action plans of the government relating
to climate change pursuant to the provisions of this Act.

 The Commission shall be organized within sixty (60) days from the effectivity of this Act.

SECTION 5. COMPOSITION OF COMMISSION

The Commission shall be an independent and autonomous body and shall have the same status
as that of a national government agency. It shall be attached to the Office of the President.
The Commission shall be the sole policy-making body of the government which shall be tasked to
coordinate, monitor and evaluate the programs and action plans of the government relating to climate
change pursuant to the provisions of this Act.

The Commission shall be organized within sixty (60) days from the effectivity of this Act.

• The Commission shall have an advisory board composed of the following:

(a) Secretary of the Department of Agriculture;
(b) Secretary of the Department of Energy;
(c) Secretary of the Department of Environment and Natural Resources;
(d) Secretary of the Department of Education;
(e) Secretary of the Department of Foreign Affairs;
(f) Secretary of the Department of Health;
(g) Secretary of the Department of the Interior and Local Government;(h) Secretary of the
Department of National Defense, in his capacity as Chair of the National Disaster Coordinating
Council;
(i) Secretary of the Department of Public Works and Highways;
(j) Secretary of the Department of Science and Technology;
(k) Secretary of the Department of Social Welfare and Development;
(l) Secretary of the Department of Trade and Industry;

• (m) Secretary of the Department of Transportation and Communications;

(n) Director-General of the National Economic and Development Authority, in his capacity as
Chair of the Philippine Council for Sustainable Development;
(o) Director-General of the National Security Council;
(p) Chairperson of the National Commission on the Role of Filipino Women;
(q) President of the League of Provinces;
(r) President of the League of Cities;
(s) President of the League of Municipalities;
(t) President of the Liga ng mga Barangay;
(u) Representative from the academe;
(v) Representative from the business sector; and
(w) Representative from nongovernmental organizations.

SECTION 6, MEETING OF THE COMMISSION

The Commission shall meet once every three (3) months, or as often as may be deemed necessary by
the Chairperson. The Chairperson may likewise call upon other government agencies for the proper
implementation of this Act

Section 7: Qualification, Tenure, Compensation, of Commission

 The Commissioners must be :

 Filipino citizens;

 residents of the Philippines;

  at least thirty (30) years of age at the time of appointment, with at least ten (10) years of
experience on climate change and of proven honesty and integrity

 The Commissioners shall be experts in climate change by virtue of their educational background,
training and experience: Provided, That at least one (1) Commissioner shall be female: Provided,
further, That in no case shall the Commissioners come from the same sector: Provided, finally,
That in no case shall any of the Commissioners appoint representatives to act on their behalf.

 The Commissioners shall hold office for a period of six (6) years, and may be subjected to
reappointment: Provided, That no person shall serve for more than two (2) consecutive terms:
Provided, further, That in case of a vacancy, the new appointee shall fully meet the
qualifications of a Commissioner and shall hold office for the unexpired portion of the term only:
Provided, finally, That in no case shall a Commissioner be designated in a temporary or acting
capacity.

 The Vice Chairperson and the Commissioners shall be entitled to corresponding compensation
and other emoluments and shall be subject to the same disqualifications.

SECTION 8. CLIMATE CHANGE OFFICE

 It shall be headed by a Vice Chairperson of the Commission who shall act as the Executive
Director of the Office.

 The Commission shall have the authority to determine the number of staff and create
corresponding positions necessary to facilitate the proper implementation of this Act, subject to
civil service laws, rules and regulations.

 The officers and employees of the Commission shall be appointed by the Executive Director.

Section 9: Powers and Function of the Commission

 The Commission shall have the following powers and functions:

(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the
national, sectoral and local development plans and programs;

(b) Coordinate and synchronize climate change programs of national government agencies;

(c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate
change planning, research and development, extension, and monitoring of activities on climate change;

(d) Exercise policy coordination to ensure the attainment of goals set in the framework strategy and
program on climate change;

(e) Recommend legislation, policies, strategies, programs on and appropriations for climate change
adaptation and mitigation and other related activities;
(f) Recommend key development investments in climate- sensitive sectors such as water resources,
agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the
achievement of national sustainable development goals;

(i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate change;

(j) Coordinate and establish a close partnership with the National Disaster Coordinating Council in order
to increase efficiency and effectiveness in reducing the people’s vulnerability to climate-related
disasters;

(k) In coordination with the Department of Foreign Affairs, represent the Philippines in the climate
change negotiations;

(l) Formulate and update guidelines for determining vulnerability to climate change impacts and
adaptation assessments and facilitate the provision of technical assistance for their implementation and
monitoring;

(m) Coordinate with local government units (LGUs) and private entities to address vulnerability to
climate change impacts of regions, provinces, cities and municipalities;

(n) Facilitate capacity building for local adaptation planning, implementation and monitoring of climate
change initiatives in vulnerable communities and areas;

(o) Promote and provide technical and financial support to local research and development programs
and projects in vulnerable communities and areas; and

(p) Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant
laws and protocols and adaptation and mitigation measures.

Section 10. THE PANEL OF TECHNICAL EXPERT

 The Commission shall constitute a National Panel of Technical Experts consisting of practitioners
in disciplines that are related to climate change, including disaster risk reduction.

 The Panel shall provide technical advice to the Commission in climate science, technologies, and
best practices for risk assessment and enhancement of adaptive capacity of vulnerable human
settlements to potential impacts of climate change.

 The Commission shall set the qualifications and compensation for the technical experts. It shall
provide resources for the operations and activities of the Panel.

Section 11: Framework, Strategy and Program on Climate Change

 The Framework shall serve as the basis for a program for climate change planning, research and
development, extension, and monitoring of activities to protect vulnerable communities from
the adverse effects of climate change.

 The Framework shall be reviewed every three (3) years, or as may be deemed necessary.

 Section 12. Components of the Framework Strategy and Program on Climate Change

  The Framework shall include, but not limited to, the following components:
(a) National priorities;
(b) Impact, vulnerability and adaptation assessments;
(c) Policy formulation;
(d) Compliance with international commitments;
(e) Research and development;
(f) Database development and management;
(g) Academic programs, capability building and mainstreaming;
(h) Advocacy and information dissemination;
(i) Monitoring and evaluation; and
(j) Gender mainstreaming.

SECTION 13. National Climate Change Action Plan

 The Commission shall formulate a National Climate Change Action Plan in accordance with the
Framework within one (1) year after the formulation of the latter.
The National Climate Change Action Plan shall include, but not limited to, the following
components:
(a) Assessment of the national impact of climate change;
(b) The identification of the most vulnerable communities/areas, including ecosystems to the
impacts of climate change, variability and extremes;

 (c) The identification of differential impacts of climate change on men, women and children;
(d) The assessment and management of risk and vulnerability;
(e) The identification of GHG mitigation potentials; and
(f) The identification of options, prioritization of appropriate adaptation measures for joint
projects of national and local governments

SECTION 14. Local Climate Change Action Plan

 The LGUs shall be the frontline agencies in the formulation, planning and implementation of
climate change action plans in their respective areas, consistent with the provisions of the Local
Government Code, the Framework, and the National Climate Change Action Plan

 LGUs shall regularly update their respective action plans to reflect changing social, economic,
and environmental conditions and emerging issues. The LGUs shall furnish the Commission with
copies of their action plans and all subsequent amendments, modifications and revisions
thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate
necessary personnel, resources and logistics to effectively implement their respective action
plans.

 The local chief executive shall appoint the person responsible for the formulation and
implementation of the local action plan.
It shall be the responsibility of the national government to extend technical and financial
assistance to LGUs for the accomplishment of their Local Climate Change Action Plans.
The LGU is hereby expressly authorized to appropriate and use the amount from its
 InternalRevenue Allotment necessary to implement said local plan effectively, any provision in
the Local Government Code to the contrary notwithstanding.

SECTION 15. Role of Government Agencies. 

 To ensure the effective implementation of the framework strategy and program on climate
change, concerned agencies shall perform the following functions:

(a) The Department of Education (DepED) shall integrate climate change into the primary and
secondary education curricula and/or subjects, such as, but not limited to, science, biology, sibika,
history, including textbooks, primers and other educational materials, basic climate change
principles and concepts;

• (b) The Department of the Interior and Local Government (DILG) and Local Government
Academy shall facilitate the development and provision of a training program for LGUs in
climate change. The training program shall include socioeconomic, geophysical, policy, and
other content necessary to address the prevailing and forecasted conditions and risks of
particular LGUs. It shall likewise focus on women and children, especially in the rural areas, since
they are the most vulnerable;

• (c) The Department of Environment and Natural Resources (DENR) shall oversee the
establishment and maintenance of a climate change information management system and
network, including on climate change risks, activities and investments, in collaboration with
other concerned national government agencies, institutions and LGUs;

• (d) The Department of Foreign Affairs (DFA) shall review international agreements related to
climate change and make the necessary recommendation for ratification and compliance by the
government on matters pertaining thereto;

• (e) The Philippine Information Agency (PIA) shall disseminate information on climate change,
local vulnerabilities and risk, relevant laws and protocols and adaptation and mitigation
measures; and

• (f) Government financial institutions, shall, any provision in their respective charters to the
contrary notwithstanding, provide preferential financial packages for climate change- related
projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they shall, within thirty (30)
days from the effectivity of this Act, issue and promulgate the implementing guidelines
therefore.

• The Commission shall evaluate, recommend the approval of loans and monitor the use of said
funds of LGUs.

SECTION 16. Coordination with Various Sectors

• In the development and implementation of the National Climate Change Action Plan, and the
local action plans, the Commission shall coordinate with the nongovernment organizations
(NGOs), civic organizations, academe, people’s organizations, the private and corporate sectors
and other concerned stakeholder groups.

SECTION 17. Authority to Recieve Donations and/or Grants

 The Commission is hereby authorized to accept grants, contributions, donations, endowments,
bequests, or gifts in cash, or in kind from local and foreign sources in support of the
development and implementation of climate change programs and plans: Provided, That in case
of donations from foreign governments, acceptance thereof shall be subject to prior clearance
and approval of the President of the Philippines upon recommendation of the Secretary of
Foreign Affairs: Provided, further, That such donations shall not be used to fund personal
services expenditures and other operating expenses of the Commission.

 The proceeds shall be used to finance:

(a) Research, development, demonstration and promotion of technologies;

(b) Conduct of assessment of vulnerabilities to climate change impacts, resource inventory, and
adaptation capability building;
(c) Advocacy, networking and communication activities in the conduct of information campaign;
and
(d) Conduct of such other activities reasonably necessary to carry out the objectives of this Act,
as may be defined by the Commission.

SECTION 18. Funding Allocation for Climate Change

All relevant government agencies and LGUs shall allocate from their annual appropriations
adequate funds for the formulation, development and implementation, including training,
capacity building and direct intervention, of their respective climate change programs and plans.
It shall also include public awareness campaigns on the effects of climate change and energy-
saving solutions to mitigate these effects, and initiatives, through educational and training
programs and micro-credit schemes, especially for women in rural areas. In subsequent budget
proposals, the concerned offices and units shall appropriate funds for program/project
development and implementation including continuing training and education in climate
change.

SECTION 19. Joint Congressional Oversight Committee

There is hereby created a Joint Congressional Oversight Committee to monitor the

implementation of this Act. The Oversight Committee shall be composed of five (5) Senators and
five (5) Representatives to be appointed by the Senate President and the Speaker of the House of
Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator and a
Representative to be designated by the Senate President and the Speaker of the House of
Representatives, respectively. Its funding requirement shall be charged against the
appropriations of Congress.

SECTION 20. ANNUAL REPORT

 The Commission shall submit to the President and to both Houses of Congress, not later than
March 30 of every year following the effectivity of this Act, or upon the request of the
Congressional Oversight Committee, a report giving a detailed account of the status of the
implementation of this Act, a progress report on the implementation of the National Climate
Change Action Plan and recommend legislation, where applicable and necessary. LGUs shall
 submit annual progress reports on the implementation of their respective local action plan to
the Commission within the first quarter of the following year.

SECTION 21. APPROPRIATION.

The sum of Fifty million pesos (Php50,000,000.00) is hereby appropriated as initial operating
fund in addition to the unutilized fund of the Presidential Task Force on Climate Change and the
Office of the Presidential Adviser on Global Warming and Climate Change. The sum shall be
sourced from the President’s contingent fund.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be
included in the annual General Appropriations Act.

Section 22. Implementing Rules and Regulations

 Within ninety (90) days after the approval of this Act, the Commission shall, upon consultation
with government agencies, LGUs, private sector, NGOs and civil society, promulgate the
implementing rules and regulations of this Act: Provided, That failure to issue rules and
regulations shall not in any manner affect the executory nature of the provisions of this Act.

Section 23. Transitory Provisions

 Upon the organization of the Commission, the Presidential Task Force on Climate Change
created under Administrative Order No. 171 and the Inter-Agency Committee on Climate Change
created by virtue of Administrative Order No. 220, shall be abolished: Provided, That their
powers and functions shall be absorbed by the Commission:

Section 23. Transitory Provisions

 Provided, further, That the officers and employees thereof shall continue in a holdover capacity
until such time as the new officers and employees of the Commission shall have been duly
appointed pursuant to the provisions of this Act. All qualified regular or permanent employees
who may be transferred to the Commission shall not suffer any loss in seniority or rank or
decrease in emoluments. Any employee who cannot be absorbed by the Commission shall be
entitled to a separation pay under existing retirement laws.

Section 24. Separability Clause

 If for any reason any section or provision of this Act is declared as unconstitutional or invalid,
the other sections or provisions hereof shall not be affected thereby.

Section 25. Repealing Clause

 All laws, ordinances, rules and regulations, and other issuances or parts thereof which are
inconsistent with this Act are hereby repealed or modified accordingly.

Section 26. Effectivity

 This Act shall take effect fifteen (15) days after the completion of its publication in the Official
Gazette or in at least two (2) national newspapers of general circulation.
“BIOFUELS ACT OF 2006”

GROUP 3

RA 9367 AN ACT TO DIRECT THE USE OF BIOFUELS, ESTABLISHING FOR THIS PURPOSE THE
BIOFUEL PROGRAM, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Overview of the Biofuels Act

a. Reduce dependence on imported fuels top;

b. Protect public health

c. Protect environment and natural ecosystem;

d. and Promote economic growth

DEFINITION AND OTHER RELATED WORDS * * *

BIOFUEL- refer to bioethanol and biodiesel and other fuels made from biomass and primarily
used for motive, thermal and power generation

BIOETHANOL – shall refer to ethanol (C2H5OH) produced from feedstock and other biomass;
BIODIESEL – shall refer to Fatty Acid Methyl Ester (FAME) or mono-alkyl esters derived from
vegetable oils or animal fats and other biomass-derived oils that shall be technically proven and
approved by the DOE for use in diesel engines

Feedstock – shall refer to organic sources such as molasses, sugarcane, cassava, coconut,
jatropha, sweet sorghum or other biomass used in the production of biofuels

POSSIBLE SOURCES OF BIOFUEL

GOVERNMENT AGENCIES x

DENR DOE DOLE DOF DOST DTI

ADVANTAGES OF USING BIODIESEL

Incentives for Biofuel Producing firms

Conservation of biodiversity

Promotion of public health

Engineer Efficiency and Increase Mileage

Over-all Economic Facelift

EFFECTS OF BIO DIESEL TO ENVIRONMENT

Biodiesel is a renewable, biodegradable alternative fuel made from a mix of modified vegetable
oils and diesel fuel. According to Edmunds, its production has increased from 25 million gallons
in 2005 to 1.7 billion gallons in 2013. Today, biodiesel is blended at a rate of 5% or less into
almost all the diesel fuel sold in the United States.
WHAT IS BIODIESEL? WHAT YOU NEED TO KNOW ABOUT BIODIESEL

Business preview

x x x Biodiesel is rarely used in its pure form. It's typically blended with diesel and designated by
the amount of diesel it's mixed with. In fact, you can typically find some biodiesel in almost all
"regular" diesel sold at gas stations in the U.S.

x x x While many people who drive diesel trucks and cars aren't aware that the fuel they're
putting in their vehicles has 5% biodiesel, fleet operators actively look for nonpetroleum fuel.

x x x The cost of producing biodiesel is approximately the same as the price of producing
petroleum. Incentives provided by federal policies have helped keep market prices competitive.

VEHICLES USING BIODIESEL

IT EMIT LESS AIR POLLUTION THAN THOSE USING REGULAR DIESEL

Biodiesel also reduces tailpipe emissions, including the amount of soot and "air toxics" released
into the atmosphere. Environmental Protection Agency (EPA) research indicates that biodiesel
emits 11% less carbon monoxide and 10% less particulate matter than diesel.

According to Car Talk, a study done by the Department of Energy and Agriculture found
biodiesel reduces net carbon dioxide emissions by 78%. Unlike petroleum diesel, which contains
sulfur and carcinogenic benzene, two components the state emissions boards and EPA regulate,
biodiesel is nontoxic and biodegradable. Biodiesel burns much cleaner than petroleum diesel
Does Biodiesel emit pollution?

Biodiesel is nontoxic and biodegradable. Compared to petroleum diesel fuel, which is refined
from crude oil, biodiesel combustion produces fewer air pollutants such as particulates, carbon
monoxide, sulfur dioxide, hydrocarbons, and air toxics. Nitrogen oxide emissions from burning a
gallon of biodiesel may be slightly higher than emissions from burning a gallon of petroleum
diesel. Biodiesel burns much cleaner than petroleum diesel.

Hydrocarbons emissions in biodiesel The emissions reduction index from the United States
National Biodiesel Board showed that the combustion of biodiesel wholly as a transportation
fuel decreased total hydrocarbons, polycyclic aromatic hydrocarbons, carbon, and sulfur
emissions by 67%, 80%, 48%, and 100%, respectively. Evaluation of emission results from topical
literature strongly suggests that the use of biodiesel is effective in the reduction in pollutants,
which is beneficial to human and environmental sustainability. Increased Pace of Environment
Deterioration

DISADVANTAGES OF USING BIODIESEL

Increased Pace of Environment Deterioration

It has certain impact to the environment like water depletion and pollution ,solid
degragation ,nutrient depletion and loss of wild and agricultural biodiversity Increased Pace of
Environment Deterioration
INCREASED FOOD PRICES Using crops for fuel is the driving factor for an increase of food prices
There is a direct competition for carbs being used for feedstock and fuel-stock.

PERENNIAL OIL PRICE HIKE

The higher the demand in oil , the more the price increases

Sec 4. Phasing Out of the Use of Harmful Gasoline Additives and/or Oxygenates.

SALIENT FEATURES

SEC 5 . MANDATORY USE OF BIO FUELS

Within six months from the effectivity of this Act, the DOE, according to duly accepted
international standards, shall gradually phase out the use of harmful gasoline additives such as,
but not limited to, MTBE Pursuant to the above policy, it is hereby mandated that all liquid fuels
for motors and engines sold in the Philippines shall contain locally-sourced biofuels components
as follows:

ON BIODESIEL- Within six months from the effectivity of this Act, the DOE, according to duly
accepted international standards, shall gradually phase out the use of harmful gasoline additives
such as, but not limited to, MTBE ON BIODIESEL.

- Within two years from the effectivity of this Act, the NBB created under this Act is empowered
to determine the feasibility and thereafter recommend to DOE to mandate a minimum of two
percent (2%) blend of biodiesel by volume which may be increased taking into account
considerations including but not limited to domestic supply and availability of locally-sourced
biodiesel component.

ON BETHANOL- Within two years from the effectivity of this Act, at least five percent (5%)
bioethanol shall comprise the annual total volume of gasoline fuel actually sold and distributed
by each and every oil company in the country ON BIOETHANOL.

- Within four years from the effectivity of this Act, the NBB created under this Act is empowered
to determine the feasibility and thereafter recommend to DOE to mandate a minimum of ten
percent (10%) blend of bioethanol by volume into all gasoline fuel distributed and sold by each
and every oil company in the country.

Acts Prohibited by RA 9367

-Diversion of biofuels, whether locally produced or imported, to purposes other than those
envisioned in this Act;

-Sale of biofuel–blended gasoline or diesel that fails to comply with the minimum biofuel–blend
by volume in violation of the requirement under Section 5 of this Act;

-Distribution, sale and use of automotive fuel containing harmful additives such as, but not
limited to, MTBE at such concentration exceeding the limits to be determined by the NBB. –

-Noncompliance with the established guidelines of the PNS and DOE adopted for the
implementation of this Act;
-an False labeling of gasoline, diesel, biofuels and biofuelblended gasoline and diesel.

Penalties provided by RA 9367

SEC. 13. Penal Provisions. - Any person, who willfully aids or abets in the commission of a crime
prohibited herein or who causes the commission of any such act by another shall be liable in the
same manner as the principal.

-The DOE may impose administrative fines, suspend the operation of businesses and confiscate
and dispose any amount of products prohibited under RA 9367 and its implementing issuances.

-Violators of RA 9367 are likewise penalized with one year to five years of imprisonment and a
fine ranging from a minimum of One million pesos (P1 million) to Five million pesos.

SEC. 16. Congressional Oversight Committee. — Upon the effectivity of this Act, a
Congressional Committee, hereinafter referred to as the Biofuels Oversight Committee, is
hereby constituted. The Biofuels Oversight Committee shall be composed of fourteen (14)
members, with the Chairmen of the Committees on Energy of both Houses of Congress as co-
chairmen. The Chairmen of the Committees on Agriculture and Trade and Industry shall be ex
officio members. An additional four members from each House, to be designated by the Senate
President and the Speaker of the House of Representatives, respectively. The minority shall be
entitled to pro-rata representation but shall have at least one representative in the Biofuels
Oversight Committee.

SEC. 17. Benefits of Biofuel Workers. — This Act shall not in any way result in the forfeiture or
diminution of the existing benefits enjoyed by the sugar workers as prescribed under R.A. No.
6982, or the Sugar Amelioration Act of 1991, in case sugarcane shall be used as feedstock. The
NBB shall establish a mechanism similar to that provided under the Sugar Amelioration Act of
1991 for the benefit of other biofuel workers.

SEC. 18. Special Clause. — This Act shall not be interpreted as prejudicial to clean development
mechanism (CDM) projects that cause carbon dioxide (CO2) and greenhouse gases (GHG)
emission reductions by means of biofuels use.

SEC. 19. Repealing Clause. — The provisions of Section 148 (d) of R.A. No. 8424, otherwise
known as Tax Reform Act of 1997, and all other laws, presidential decrees or issuances,
executive orders, presidential proclamations, rules and regulations or parts thereof inconsistent
with the provisions of this Act, are hereby repealed, modified or amended accordingly.

SEC. 20. Separability Clause. — If any provision of this Act is declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions hereof.

SEC. 21. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at least
two newspapers of general circulation. Send your additional questions and clarifications through
our platform. Thank You and Have a Nice Day! Great job, everyone
Republic Act No. 6969 or the Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990

GROUP 4

Republic Act No. 6969

11 Types of Hazard Symbols 

General Caution Sign

Warning Sign

Toxic Sign

Ionizing Radiation Sign

Non-Ionizing Radiation Sign

Radiation Danger – High Level Sources Sign

Biohazard Sign

High Voltage Sign

Chemical Weapon Sign

Chemical Hazard Sign

-Standard System for the Identification of the Hazards of Materials for Emergency Response.

NFPA 704 (National Fire Protection Association) 

02
Presentation

Republic Act No. 6969

• Enacted by the Senate and House of Representatives of the Philippines in Congress.

• Approved October 26, 1990.

● Department of Environment and Natural Resources

● Purpose

● - Control of Toxic Substances and Hazardous Nuclear Waste.

Section 1. Short Title

- Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990

Section 2. Declaration of Policy

 • Policy of the State to regulate, restrict or prohibit.

 The importation, manufacture, processing, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk and/or injury to health or the
environment.

• To prohibit entry (even transit) of hazardous and nuclear wastes and their disposal into Philippine
territorial limits.

• To provide advancement and facilitate research and studies on toxic chemicals.

Section 3. Scope

- Cover the importation, manufacture, processing, handling, storage, transportation, sale,

distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines.

Section 4. Objectives

To keep an inventory of chemicals that are presently being imported, manufactured, or used.

 Their existing and possible uses, test data, names of firms manufacturing or using them.

• To monitor or regulate the importation, manufacture, processing, handling, storage,

transportation, sale, distribution, use and disposal of chemical substances and mixtures.

• To inform and educate regarding the hazards and risks.

 Manufacture, handling, storage, transportation, processing, distribution, use and disposal.

• To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous
and nuclear wastes into the country.

Section 5. Definition of Terms

1. Chemical Substances

- Any organic or inorganic substance of a particular molecular identity.

2. Chemical Mixtures

- Any combination of two or more chemical substances if the combination does not occur in
nature.

- Include non-biodegradable mixtures.

3. Process

- Preparation of a chemical substance or mixture after its manufacture for comm

ercial distribution.

4. Importation

- The entry of a products or substances into the Philippines (seaports or airports) after having been
properly cleared through or still remaining under customs control.
5. Manufacture

- Mechanical or chemical transformation of substances into new products.

 By power-driven machines, by hand

 Done in factory or home.

6. Unreasonable Risk

- Expected frequency of undesirable effects or adverse arising from a given exposure to a substance.

Section 5.
Definition of Terms

Section 5. Definition of Terms

8. Hazardous wastes

- 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.

- also refer to by-products, side-products, process residues, spent reaction media, contaminated
plant or equipment or other substances.

9. Nuclear Wastes

- Hazardous wastes made radioactive by exposure to the radiation incidental to the production or
utilization of nuclear fuels.

Section 6. Functions, Power and Responsibilities

Department of Environment and Natural Resources

- Implementing agency

- To keep an updated inventory of chemicals that are presently being manufactured or used.

- To require chemical substances and mixtures that present unreasonable risk or injury to health
or to the environment to be tested before they are manufactured or imported for the first time.

- To require chemical substances and mixtures presently being manufactured or processed to be

tested if they pose unreasonable risk or injury.

• To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the
extent of their effects.

• To enter into contracts and make grants for research, development, and monitoring of chemical
substances and mixtures.
• To conduct inspection of any establishment in which chemicals are manufactured, processed, stored
or held.

• To confiscate or impound chemicals found not falling within said acts.

• To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their disposal
into the country.

Section 6. Functions, Power and Responsibilities

To document and to require other information if necessary to carry out the provisions.

• To call on any department, bureau, office, agency, state university or college, and other
instrumentalities of the Government for assistance.

• To disseminate information and conduct educational awareness campaigns.

Section 7. Inter-Agency Technical Advisory Council

Section 8. Pre-Manufacture and Pre-Importation Requirements

Submit the following Information to DENR

• The name of the chemical substance or mixture.

• Its chemical identity and molecular structure.

• Proposed categories of use.

• Estimate of the amount to be manufactured, processed or imported.

• Processing and disposal.

• Test data related to health and environmental effects.

Section 9. Chemicals Subject to Testing

• There is a reason to believe that the chemical substances or mixture may present an unreasonable risk
to health or the environment.

• There are insufficient data and experience for determining or predicting the health and environmental
effects.

• The testing of the chemical substance or mixture is necessary to develop such data.

• The manufacturers, processors or importers shall shoulder the costs of testing.

Section 10. Action by the Secretary of Environment and Natural Resources of his Duly Authorized
Representative

The Secretary or his duly authorized representative

• Within 90 days from the date of filing of the notice of manufacture, processing or importation.

• To decide whether or not to regulate or prohibit its importation, manufacture, processing, sale,
distribution, use or disposal.

• May extend the 90 days for justifiable reasons within a reasonable time.

Section 11. Chemical Substances Exempt from Pre-Manufacture Notification

• Those included in the categories already listed in the inventory of existing chemicals.

• Those to be produced in small quantities solely for experimental or research and developmental
purposes.

• Chemical substances and mixtures that will not present an unreasonable risk.

• Chemical substances and mixtures that exist temporarily and which have no human or environmental
exposure.

 Result of chemical reaction in the manufacture or processing of a mixture of another chemical

substance.

Section 12. Public Access to Records, Reports or Notification

The public shall have access to records, reports, or information

 including safety data submitted, data on emission or discharge into the environment, and
documents available for inspection or reproduction.

• DENR reserve the right for confidential information not to made public

 trade secrets, production or sales figures or methods, production or processes unique to such
manufacturer, processor or distributor.
• DENR may release information subject to claim of confidentiality to a medical research or scientific
institution where the information is needed for the purpose of medical diagnosis or treatment of a
person.

Section 13. Prohibited Acts

A.) Knowingly use a chemical substance or mixture which is imported, manufactured, processed or
distributed in violation of the Act.

B.) Failure or refusal to submit reports, notices or other information, access to records, as required by
this Act.

C.)Failure or refusal to comply with the pre-manufacture and pre-importation requirements.

D.) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippines
territory any amount of hazardous and nuclear wastes in any part of the Philippines.

Section 14. Criminal Offenses and Penalties

1. Violation of Section 13 (A-C)

- Penalty of imprisonment of 6 months and 1 day to 6 six years and 1 day. • Fine Ranging from
₱600.00 to ₱4,000.00 • If foreigner, he or she shall be deported after serving his or her
sentence.

2. Violation of Section 13 (A-C) is committed by partnership, corporation, association

- - The partner, president, director or manager that did the violation shall be directly liable and
responsible for the employees and shall be criminally liable as co-principal.

3. Violation of Section 13 (A-C) is done by government official or employee

- Aside from penalties, automatically dismissed from office and permanently disqualified from holding
any elective or appointive position.

Section 15.
Administrative Fines

- The Secretary of Environment and Natural Resources is authorized to impose a fine of not less than
₱10,000.00, but not more than ₱50,000.00 upon any person or entity found guilty.

Section 16. Promulgation of Rules an Regulations

DENR in coordination with the member agencies of the Inter-Agency Technical Advisory Council

- Prepare and publish the rules and regulations implementing this Act within six months from the date
of its effectivity.
Section 17. Appropriations

• Such amount as may be necessary to implement the provisions of this Act.

• Annually appropriated

• Included in the budget of the Department of Environment and Natural Resources.

Section 18. Separability Clause

- If any provision of this Act is declared void or unconstitutional, the remaining provisions not affected
shall remain in full force and effect

Section 19. Repealing Clause

- All laws, presidential decrees, executive orders and issuances, and rules and regulations which are
inconsistent with this Act will be repealed or modified accordingly.

Section 20. Effectivity

- The Act shall take effect after 15 days following its publication or in any newspaper of general
circulation.

GROUP 5

Ecological Solid Waste Management Act of 2000 (RA 9003)

BACKGROUND

Passed by the Congress and Senate on 2000, and approved by President Gloria Macapagal
Arroyo on January 26,2001.

Provides an ecological solid waste management program, and lists prohibited acts and penalties
for the perpetrator.

GENERAL PROVISIONS

Ensure protection of public health and environment

Encourage minimization of solid waste generation, and the recycle and re-use of recyclable
wastes

Encourage proper segregation, transport, storage, treatment and disposal of solid wastes

Promote national research and development programs to improve waste management,

conservation, reduction, collection, separation, and recovery

Encourage participation in, and implementation of, solid waste management

Promote environmental awareness

DEFINITION OF TERMS
  Controlled dump

Disposal site at which solid waste is deposited in accordance with the minimum prescribed
standards.

 Leachate

Liquid produced when waste undergo decomposition, and when water percolates through solid
waste decomposition. It is a contaminated liquid that contains dissolved and suspended materials.

 Open dump

Disposal area wherein the solid wastes are indiscriminately thrown/disposed of without
consideration for environmental and health standards.

 Ecological solid waste management

Systematic administration of segregation at source, transportation, storage, transfer, processing,

treatment, and disposal of solid wastes.

 Solid waste management facility

Any facility for the collection, source separation, storage, transportation, transfer, processing,
treatment, or disposal of solid wastes.

 Solid wastes

Includes agricultural wastes (from planting or harvesting of crops), bulky wastes (broken
furniture), white goods (broken appliances), and yard wastes (wood, branches, leaves, etc).

Does not include hospital or laboratory wastes, or hazardous wastes.

 Recyclable material

Collected wastes that are free from contamination and can be reused as raw materials (such as
newspaper and scrap metal).

 Sanitary landfill

Waste disposal site designed, constructed, operated, and maintained in a manner that exerts
engineering control over significant potential environmental impacts arising from the development and
operation of the facility.

 NATIONAL SOLID WASTE MANAGEMENT COMMISSION (NSWMC)

Composes of 14 members from the government and 3 members from private sector.

Holds meetings at least once a month

● Functions and power of the Commission:

a) Formulate and plan the National Solid Waste Management Framework

 b) Develop standards and guidelines for solid waste management, as well as
penalty for the violation of rules and regulations

c) Review and monitor the implementation of the solid waste management

plans

d) Prescribe procedures for issuance of appropriate permits and clearances

e) Develop programs in marketing the recycled materials

● MEMBERS (GOVERNMENT):

1) Department of Environment and Natural Resources (DENR)

2) Department of Interior and Local Government (DILL)

3) Department of Science and Technology (DOST)

4) Department of Public Works and Highways (DPWH)

5) Department of Health (DOH)

6) Department of Trade and Industry (DTI)

7) Department of Agriculture (DA)

8) Metro Manila Development Authority (MMDA)

9) League of provincial governors

10) League of city mayors

11) League of municipal mayors

12) Association of barangay councils

13) Technical Education and Skills Development Authority (TESDA)

14) Philippine Information Agency

● MEMBERS (PRIVATE SECTOR):

A representative from non-government organizations (NG0s) whose purpose is to promote

recycling and the protection of air and water quality.

A representative from the recycling industry.

A representative from the manufacturing or packaging industry.

NATIONAL ECOLOGY CENTER (NEC)

Provides consulting, information training, and networking services for the implementation of the
provisions of RA 9003.

Headed by the Environmental Management Bureau.

Functions:

● Facilitate training and education on ecological solid waste management

● Establish and manage a solid waste management information data base with DTI and other
concerned agencies (manufacturers, recyclers, etc)

● Promote development of recycling market

● Facilitate assistance in solid waste management facilities

● Develop, test, and disseminate model waste minimization and reduction

● ROLES OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR)

Chair of the National Solid Waste

Management Commission

● Prepare an annual national solid

waste management status report.

● Prepare and distribute information

on solid waste management.

● Establish methods and guidelines on waste reduction, collection, and disposal.

● Visitorial powers (on any solid waste generator, recycler, facilities, etc).

VI SITORIAL POWERS OF THE DEPARTMENT

The Department or its duly authorized representative shall have access to, and the right to copy
therefrom, the records required to be maintained pursuant to the provisions of this Act.

ROLE OF LGUS IN SOLID WASTE MANAGEMENT

Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local Government
Code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions
of this Act within their respective jurisdictions.

SOLID WASTE MANAGEMENT BOARDS

Provincial Solid Waste Management Board

Established in every province and is chaired by the governor, with the exception of Metro
Manila (chaired by the chairperson of MMDA).

● City and Municipal Solid Waste Management Board

Established in every city or municipality and is chaired by the city or municipal mayor.

● FUNCTIONS AND POWERS OF THE SOLID WASTE MANAGEMENT BOARDS

 ● May call concerned agencies or sectors when necessary.

● Prepare, develop, and implement long-term solid waste management.

● Develop specific mechanics and guidelines for the implementation of the management plan.

● Monitor the implementation of the management plan.

● Recommend measures against pollution for the preservation of the natural ecosystem.

● Review the management plan every 2 years or as needed.

PROVINCIAL SOLID WASTE MANAGEMENT BOARD

Members:

1. All mayors of its component cities and municipalities

2. Representative from Sangguniang Panlalawigan

3. The provincial health and/or general services officers

4. The provincial environment and natural resources officer

5. The provincial engineer

6. Congressional representative/s from each congressional district

7. A representative from an NGO whose purpose is to promote recycling and protection of air and
water quality

8. A representative from the recycling industry

9. A representative from a manufacturing or packaging industry

● CITY OR MUNICIPAL SOLID WASTE

MANAGEMENT BOARD

Members:

1. Representative of sangguniang panlungsod or the sangguniang bayan

2. President of the association of baranggay councils in the municipality or city

3. Chairperson of the sangguniang kabataan federation

4. A representative from NGO’s whose purpose is to promote recycling and protection of air and
water quality

5. A representative from the recycling industry

6. A representative from the manufacturing or packing industry

7. A representative of each concerned gov’t agency

● NATIONAL SOLID WASTE MANAGEMENT STATUS REPORT

 Prepared by the Commission and submitted to DENR

Updated every 2 years or if needed

● Must include, but not limited to:

a) Inventory of existing solid waste facilities

b) General waste characterization (type of waste for reduction and recycling, quantity
generated and estimated volume)

c) Projection of waste generation

d) Varying regional geologic, hydrologic, climatic, and other factors vital in implementation
of solid waste practices

e) Population density

f) Political, economic, organizational, financial and management problems affecting solid

waste management

g) Systems and techniques of waste reduction, re-use and recycling

h) Available markets for recyclable materials

i) Estimated cost of collecting, storing, transporting, marketing, and disposal of wastes and
recyclable materials

j) Qualitative and quantitative information concerning the extent of solid waste

management problems and activities

● NATIONAL SOLID WASTE MANAGEMENT

FRAMEWORK

Includes:

● Analysis and evaluation of current state of solid waste management

● Identification of critical solid waste facilities and local gov’t units that need closer monitoring

● Practical applications of environmentally sound techniques of waste minimization

● Appropriate solid waste facilities and conservation systems

● Recycling programs

● LOCAL GOV’T SOLID WASTE MANAGEMENT PLANS

● Shall be for the re-use, recycling, and composting of wastes

● Reviewed and updated every year by the board

● Must be approved by the Commission

Components:
1. City or Municipal Profile

 Estimated population

 Map indicating locations of residential, commercial, and industrial centers,

dumpsites, landfills, and other solid waste facilities, and the proposed sites for
disposal

 Estimated solid waste generation and projection

 Inventory of existing waste disposal facilities and capacities

2. Waste characterization

■ Volume, material type, source of generation (residential, commercial, industrial,

etc)

3. Collection and Transfer

■ Availability and provision of containers for disposal

■ Segregation of solid wastes

 Compostable, non-recyclable, recyclable, special wastes

■ Provision of properly-trained officers/workers for disposal

4. Processing

5. Source reduction

6. Recycling

7. Composting

8. Solid waste facility capacity and final disposal

9. Education and public information

10. Special Waste

11. Resource requirement and funding

12. Privatization of solid waste management projects

13. Incentive programs

REQUIREMENTS FOR COLLECTION AND TRANSPORT OF SOLID WASTES

● Collection:

 Collectors must be equipped with protective equipment.

 Collectors must be trained for proper handling of solid wastes.

● Transport:
  Vehicles must be covered and must bear the number and name of the solid
waste agency.

● Transfer stations

 Site of station must consider the land, proximity to collection area ,and
accessibility of haul routes to disposal facility.

● WASTE MANAGEMENT FACILITIES

Inventory of Waste Disposal Facilities —by DENR, DOH, DILL, and other concerned agencies.

Prohibition against the use of open dumps for solid waste.

Permit for solid waste management facility construction and expansion.

Guidelines for controlled dumps

 Surface water and peripheral site drainage control

 Provision for decomposition

 Restriction of waste deposition to small working areas

 Controlled waste picking

 Post-closure site cover and vegetation

● SANITARY LANDFILLS

● Siting of sanitary landfills:

 Must be consistent with the land use plan of the LGUs.

 Should have adequate quantity of earth cover material that is easily handled
and compacted.

 Must not be located near aquifers grounwater reservoirs, or watershed areas.

 Must large enough to be able to accommodate the

community's waste for 5 years.

 Must have a separate containment area for hazardous wastes.

CRITERIA FOR ESTABLISHMENT OF SANITARY LANDFILLS:

1. Liners - system of clay layers and/or geosynthetic membranes to contain leachate and reduce or
prevent contaminant flow to groundwater.

2. Leachate - collection and treatment system

3. Gas control recovery system - to collect gas for treatment or for use as an energy source

4. Groundwater monitoring well system - to take water samples for groundwater quality
5. Cover - soil and geosynthetic materials placed over the waste each day to control the infiltration
of water, gas emission to the atmosphere

6. Closure procedure - with the objectives of establishing low maintenance cover systems and final
cover that minimizes the infiltration of precipitation into the waste. Installation of the final cover
must be completed within six (6) months of the last receipt of wastes; and

7. Post-closure care procedure - owner must maintain the landfill 's environment

CRITERIA FOR OPERATING SANITARY LANDFILLS:

1. Disposal site records of, but not limited to:

■ Records of weights/volumes accepted, accurate to within to and must be

adequate for overall planning and forecasting the rate of site filling;

■ Records of excavations

■ Daily logbook/file of fires, landslides, earthquake damages, injury and property

damages, accidents, etc

■ Record of personnel training

2. Water quality monitoring surface/ground waters and

effluent, and gas emissions;

3. Documents approvals and other requirements by Department;

4. Signs;

 Each point of access from a public road shall be posted with an easily visible sign
indicating the facility name and other pertinent information as required by the
Department;

 If the site is open to the public, there shall be an easily visible sign at the primary
entrance of the site indicating the name of the site operator, the operator’s telephone
number, and hours of operation, an easily visible sign at an appropriate point shall
indicate the schedule of charges and the general types of materials which will either be
accepted or not;

 If the site is open to the public, there shall be an easily visible road sign and/or traffic
control measures which direct traffic to the active face and other areas where wastes or
recyclable materials will be deposited; and

 Additional signs and/or measures may be required at a disposal site by the Department
to protect personnel and public health and safety;

5. Monitoring of quality of surface, ground and effluent waters, and gas emissions;

6. Sanitary facilities consisting of adequate number of toilets and handwashing facilities, shall be
available to personnel at or in the immediate vicinity of the site;
7. Safe and adequate drinking water supply for the site personnel shall be available;

8. The site shall have communication facilities available to site personnel to allow quick response
to emergencies;

9. Operating and maintenance personnel shall wear and use appropriate safety equipment as
required by the Department.

INCENTIVES

Monetary rewards that are sourced from the commission fund.

● Types of Incentives:

1) Fiscal incentives (Tax Incentives)

a) Tax-free or duty-free importation of equipment used for collection of solid

wastes (must not be sold 5 years from date of acquisition).

b) Tax credit on domestic capital equipment- 50% of the value will be waived

c) Tax and duty exemption of donations legacies and gift to LGUs, NGOs, or private
entities

2) Non-fiscal incentives

a) The Commission will provide services and assistance

3) Financial assistance program

a) Gov't financial institutions (banks, etc) will provide financial services according
to the provisions

4) Extension of grants to LGUs

a) Extension of operation

5) Incentives to host LGUs

a) LGUs will be granted this incentive when they host waste management facilities.

● SOLID WASTE MANAGEMENT FUND

Registered as a special account in the National Treasury

● The fund is sourced from:

1) Fines and penalties imposed

2) Proceeds of permits and licenses issued by DENR

3) Donations, endowments, and grants

4) Allowance given by the gov't

● The fund is used on:

1) Products, facilities, technologies to develop proper solid waste management;

2) Awards and incentives;

3) Research programs;

4) information, education, communication and monitoring activities;

● PROHIBITED ACTS

Littering

Open burning of solid waste

Not segregating waste

Squatting in open dumps/landfills

Open dumping, or burying of wastes in flood-prone areas

Importation/manufacturing/distributing of non-
environmentally acceptable materials

Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content”;

The manufacture, distribution or use of non-environmentally acceptable packaging materials;

● FINES AND PENALTIES:

(a) Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be punished with a fine of
not less than Three hundred pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or render community service for not less than one (1) day to not more than fifteen
(15) days to an LGU where such prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be punished with a fine
of not less than Three hundred pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or imprisonment of not less than one (1) day to not more than fifteen (15) days, or
both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6), and (7) shall, upon conviction, be punished
with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand
pesos (P3,000.00) or imprisonment of not less than fifteen (15) days but not more than six (6)
months, or both;

d) Any person who violates Sec. 48, pars. (9), (10) and (11) for the first time shall, upon conviction,
pay a fine of Five hundred thousand pesos (P500,000.00) plus an amount not less than five
percent (5%) but not more than ten percent (10%) of his net annual income during the previous
year. The additional penalty of imprisonment of a minimum period of one (1) year, but not to
exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent
violations of Sec. 48, paragraphs (9) and (10).
 e) Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction, be punished with a
fine of not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand
pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three
(3) years, or both;

f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished
with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One
million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six
(6) years, or both.

If the offense is committed by a corporation, partnership, or other juridical entity duly organized in
accordance with law, the chief executive officer, president, general manager, managing partner or such
other officer-in-charge shall be liable for the commission of the offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without
further administrative proceedings.

The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to
compensate for inflation and to maintain the deterrent function of such fines.

● NFPA 704 (National Fire Protection Association)  

Implementing agency and assisted by the Inter-Agency Advisory Council.

Provides for the regulation of all chemical substances that may pose threat to public health and
the environment.

PURPOSE:

- Control of Toxic Substances and Hazardous Nuclear Waste.

• Enacted by the Senate and House of Representatives of the Philippines in Congress.

• Approved October 26, 1990.

Department of Environment and Natural Resources

Implementing agency and assisted by the Inter-Agency Advisory Council.

Provides for the regulation of all chemical substances that may pose threat to public health and
the environment.

PURPOSE:

- Control of Toxic Substances and Hazardous Nuclear Waste.

● Section 1. Short Title

● Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990Section 2. Declaration
of Policy

● Section 2. Declaration of Policy

Policy of the State to regulate, restrict or prohibit.

 The importation, manufacture, processing, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk and/or injury to health or the
environment.

• To prohibit entry (even transit) of hazardous and nuclear wastes and their disposal into Philippine
territorial limits.

• To provide advancement and facilitate research and studies on toxic chemicals.

Section 3. Scope

Cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution,
use and disposal of all unregulated chemical substances and mixtures in the Philippines.

Section 4. Objectives

To keep an inventory of chemicals that are presently being imported, manufactured, or used.

 Their existing and possible uses, test data, names of firms manufacturing or using them.

• To monitor or regulate the importation, manufacture, processing, handling, storage,

transportation, sale, distribution, use and disposal of chemical substances and mixtures.

To inform and educate regarding the hazards and risks.

 Manufacture, handling, storage, transportation, processing, distribution, use and disposal.

• To prevent the entry, even in transit, as well as the keeping or storage and disposal of
hazardous and nuclear wastes into the country.

● Section 5. Definition of Terms

1. Chemical Substances

- Any organic or inorganic substance of a particular molecular identity.

2. Chemical Mixtures

- Any combination of two or more chemical substances if the combination does not occur in
nature.

- Include non-biodegradable mixtures.

3. Process

- Preparation of a chemical substance or mixture after its manufacture for comm

ercial distribution.

4. Importation

- The entry of a products or substances into the Philippines (seaports or airports) after having been
properly cleared through or still remaining under customs control.
5. Manufacture

- Mechanical or chemical transformation of substances into new products.

 By power-driven machines, by hand

 Done in factory or home.

6. Unreasonable Risk

- Expected frequency of undesirable effects or adverse arising from a given exposure to a substance.

7 . Hazardous substances are substances which present either:

• Short-term hazards - Acute toxicity by ingestion, inhalation or skin absorption, corrosivity or other skin
or eye contact hazard, risk of fire or explosion.

• Long-term hazards - Chronic toxicity, carcinogenicity, resistance to detoxification process, potential to

pollute underground or surface waters.

8. Hazardous wastes

- 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.

- also refer to by-products, side-products, process residues, spent reaction media, contaminated
plant or equipment or other substances.

● 9. Nuclear Wastes

- Hazardous wastes made radioactive by exposure to the radiation incidental to the production
or utilization of nuclear fuels.

● Section 6. Functions, Power and Responsibilities

Department of Environment and Natural Resources

- Implementing agency

- To keep an updated inventory of chemicals that are presently being manufactured or used.

- To require chemical substances and mixtures that present unreasonable risk or injury to health
or to the environment to be tested before they are manufactured or imported for the first time.

- To require chemical substances and mixtures presently being manufactured or processed to be

tested if they pose unreasonable risk or injury.

● Power and Responsibilities

• To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the
extent of their effects.

• To enter into contracts and make grants for research, development, and monitoring of chemical
substances and mixtures.
• To conduct inspection of any establishment in which chemicals are manufactured, processed, stored
or held.

• To confiscate or impound chemicals found not falling within said acts.

• To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their disposal
into the country.

Section 6. Functions, Power and Responsibilities

• To document and to require other information if necessary to carry out the provisions.

• To call on any department, bureau, office, agency, state university or college, and other
instrumentalities of the Government for assistance.

• To disseminate information and conduct educational awareness campaigns.

Section 7. Inter-Agency Technical Advisory Council

● Section 8. Pre-Manufacture and Pre-Importation Requirements

Submit the following Information to DENR

• The name of the chemical substance or mixture.

• Its chemical identity and molecular structure.

• Proposed categories of use.

 • Estimate of the amount to be manufactured, processed or imported.

• Processing and disposal.

• Test data related to health and environmental effects.

● Section 9. Chemicals Subject to Testing

• There is a reason to believe that the chemical substances or mixture may present an unreasonable
risk to health or the environment.

• There are insufficient data and experience for determining or predicting the health and
environmental effects.

• The testing of the chemical substance or mixture is necessary to develop such data.

• The manufacturers, processors or importers shall shoulder the costs of testing.

GROUP 6

R.A. 9275
Philippine Clean Water Act of 2004

AQUIFER

Layer of water-bearing rock located underground that transmits water in sufficient quantity to
supply pumping wells or natural springs

EFFLUENT

Discharge from known sources passed into a body of water or land, or wastewater flowing out of a
manufacturing plant, industrial plant including domestic, commercial and recreational facilities

SEPTAGE

Sludge produced on individual onsite wastewater disposal systems (e.g.septic tanks and cesspools)

Sludge-Residue generated from a wastewater treatment plant, water supply treatment plant, or
water control pollution facility.

Sewerage-System or network of pipelines for collection, transport, pumping and treatment of

sewage to a point of disposal.

R.A. 9275

"An Act Providing for a Comprehensive Water Quality Management and for Other Purposes"
A.K.A PHILIPPINE CLEAN WATER ACT

■ pursue a policy of economic growth in a manner consistent with the protection, preservation
and revival of the quality of our fresh, brackish and marine waters.

PHILIPPINE CLEAN WATER ACT

 Signed by President Gloria Macapagal-Arroyo on March 22, 2004.

 Took effect on May 6, 2004

 Implementing Rules and Regulation (IRR) contained in the Department of Environment and
Natural Resources (DENR) Administrative Order (A.O.) No. 2005-10.

INSTITUTIONAL MECHANISM

DENR

 The PRIMARY AGENCY responsible for the implementation of the CWA

 FORMULATE and APPLY STANDARDS for the transport and disposal of EFFLUENT, SEWAGE AND
SEPTAGE OFFSITE.

R.A. 9275
ARTICLE 1 SECTION 3

1. WATER QUALITY MANAGEMENT in all water bodies.

-Abatement and control of

pollution from land based

sources.

2. WATER QUALITY STANDARDS AND REGULATIONS

3. CIVIL LIABILITY AND PENAL PROVISONS

-Enforced irrespective of sources

of pollution.

ARTICLE 1 SECTI ON 3

۰ Designation of water Quality Management Area

۰ As of 2016, EMB has designated 31 water quality management area all over the country.

۰ Establish and effect water quality surveillance and monitoring network.

۰ Keep their water quality within the Water Quality Guidelines or Criteria conforming to the
water body's classification (e.g., Class C or Class SC) or even improve the quality to higher
classification.

SECTION 13

WATER POLLUTION PERMITS AND CHARGES

 Wastewater Charge System

 -Collection of wastewater charges/fees in Laguna Lake

Region and Regional Industrial Centers.

a. Strong economic inducement for polluters

- to modify their production or management

processes

- To invest in pollution control technology on order

to reduce the amount of water pollutants

generated.

b. Cover the cost of administering water quality

management or improvement programs.

SECTION 13

WATER POLLUTION PERMITS AND CHARGES

c. Cost of rehabilitation.

d. The fee will be according to the type of pollutant.

e. Classification of the receiving water body.

f. Other special attributes of the water body.

WATER POLLUTION PERMITS AND CHARGES

 The fee shall be based on

-net waste load depending on the

wastewater, charge formula.

-shall be established with due public

consultation within 6months from

the effectivity of this Act.

 Industries whose water effluent are within standards, shall only be charged with minimal
reasonable amount.

Volumetric Rate of Discharge

HEAVY MEATLS 30-150 cu./m/day

PhP 8,000.00 - PhP 16,000.00

R.A. 9275
SECTION 22

PHILIPPINE COAST GUARD

Enforcement of waterquality standards in marine waters,specifically from offshore sources.

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH)

-Provision of sewerage and sanitation facilities and the efficient and safe collection, treatment and

-DEVELOP GUIDELINES for re-use of

wastewater for irrigation purpose or as soil conditioner or fertilizer.

BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR)

-Prevention and control of water pollution for the development,

management anD conservation of the

fisheries and aquatic resources.

DEPARTMENT OF HEALTH (DOH)

-Promulgation, revision and enforcement of drinking water quality standards

DEPARTMENT OF SCIENCE AND TECHNOLOGY (DOST)

-Prepare a program for the evaluation, verification, development and public dissemination

of pollution prevention and cleaner production technologies.

Department of Education, Commission on Higher Education and Philippine Information Agency -

responsible for preparation and implementation of a comprehensive program pursuant to the objectives
of this Act.

R.A. 9275
ARTICLE 5 SEC. 27 CIVIL LIABILITY/PENAL PROVISIONS
PROHIBITED ACTS

 - Operating facilities that discharge regulated water pollutants without the valid required
permits or after the permit was revoked for any violation of any condition therein.

 Disposal of potentially infectious medical waste into sea water by vessels unless the health or
safety of individuals on board the vessel is threatened by a great and imminent peril.

 Unauthorized transport of dumping into sea waters of sewage sludge or solid waste as defined
under Republic Act No. 9003.

 Transport, dumping or discharge of prohibited chemicals ,substances or pollutants listed under

Republic Act no.6969.

 Refusal to allow entry, inspection and monitoring by the department.

  Refusal to allow access by the department to relevant reports and records.

 Refusal or failure to designate pollution control officers whenever required by the department.

 Directly using booster pumps in the distribution system or tampering with the water supply in
such a way as to alter or impair the water quality.

1. Violation of the provisions

-fined by the secretary, upon the recommendation of the board 

Fine

- not less than P10,000.00 nor more than P200,00.00 for every day of violation

- increased by ten percent (10%) every two (2) years to compensate for inflation and to
maintain the deterrent function of such fines.

2. Failure to undertake clean-up operations willfully, or through gross negligence

Imprisonment

- not less than two (2) years and not more than four (4) years

Fine

- not less than fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos
(P100,00.00) per day for each day of violation.

If it will result in serious injury or loss of life and/or irreversible water contamination of surface round,
coastal and marine water.

Imprisonment

- not less than six (6) years and one day and not more than twelve (12) years.

Fine

- Five Hundred thousand pesos (P500,000.00) per day for each day during which the omission and /or
contamination continues.

Issues and Challenges on the Water Environment Legislation

 Inadequate logistical support to strictly enforce the clean water act and related laws (financial
and technical)

 Inadequate capacity of the law implementers especially at the local level.

 Low awareness of the stakeholders on the existing law rules and regulations on wastewater
management.

 . Weak cooperation among different government agencies and local government units, hence
derail law enforcement.
  Big investment on the part of industrial establishments to put up water treatment facilities.

GROUP 7

Republic Act No. 8749

“Philippine Clean Air Act of 1999”

▫ What is R.A. 8749?

▫ Known as “Philippine Clean Air Act of 1999”.

▫ An act providing for a comprehensive air pollution control policy and for other purposes.

▫ Approved on June 23, 1999

Section 2: Declaration of Principles

▫ The State shall protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature.

▫ The State shall promote and protect the global environment to attain sustainable development
while recognizing the primary responsibility of local government units to deal with
environmental problems.

Section 4: Recognition of Rights

▫ The right to be informed of the nature and extent of the potential hazard of any activity,
undertaking or project and to be served timely notice of any significant rise in the level of
pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous
substances;

▫ The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of
environmental laws and regulation, to compel the rehabilitation and cleanup of affected area,
and to seek the imposition of penal sanctions against violators of environmental laws.

Section 5: Definitions

Certificate of Conformity – a certificate issued by the DENR to a vehicle manufacturer or

importer certifying that a particular new vehicle meets the requirements provided under this
act and its rules and regulations.

Department – means the Department of Environment and Natural Resources.

Emission – means any air contaminant, pollutant, gas stream or unwanted sound from a known
source which is passed through the atmosphere

“The access to clean air and clean water is a basic right.” – Park Won-soon
Section 5: Definitions

▫ Air Pollutant – means any matter found in the atmosphere other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert gases in their natural concentrations, that is detrimental to
health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash,
solid particles of any kind, gases, fumes, chemical mists, steam and radio-active substances.

▫ Air Pollution – means any alteration of the physical, chemical and biological properties of
atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is
likely to create or render air resources of the country harmful to public health.

▫ Ambient Air Quality – means the general amount of pollution present in a broad area.

Section 5: Definitions

▫ Certificate of Conformity – a certificate issued by the DENR to a vehicle manufacturer or

importer certifying that a particular new vehicle meets the requirements provided under this
act and its rules and regulations.

▫ Department – means the Department of Environment and Natural Resources.

▫ Emission – means any air contaminant, pollutant, gas stream or unwanted sound from a known
source which is passed through the atmosphere

Section 6: Air Quality Monitoring and Information Network

▫ The Department shall prepare an annual National Air Quality Status Report which shall be used
as the basis in formulating the Integrated Air Quality Improvement Framework.

▫ The Department shall serve as the central depository of all data and information related to air
quality

Section 7: Integrated Air Quality Improvement Framework

▫ The framework shall, among others, prescribe the emission reduction goals using permissible
standards, control strategies and control measures to undertaken within a specific period of
time.

▫ The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint
with which all government agencies must comply with to attain and maintain ambient air quality
standards.

Section 9: Airsheds

Airsheds are to be designated based on climate, weather, meteorology and typology, which affect the
mixture and diffusion of pollutants in the air, share common interests or face similar development
problems.
Airsheds are to be managed by multi-sectoral Governing Boards chaired by the Secretary of the DENR
with representatives from the local governments concerned province, city, municipality, and the private
sector, people’s organization, NGO’s and concerned government agencies.

Functions of Governing Boards

- Formulate policies and standards subject to national laws.

- Prepare a common action plan.

- Coordinate its members.

- Submit and publish an annual Air Quality Status Report for their airshed.

Section 15: Air Pollution and Research Development Program

▫ The Department shall give special emphasis to research on the development of improved
methods having industry-wide application for the prevention and control of air pollution.

▫ Such research and development program shall develop air quality guideline values and
standards in addition to internationally accepted standards.

Section 16: Permits

▫ Permits shall cover emission limitation for the regulated air pollutants to help attain and
maintain ambient air quality standards.

▫ The Department shall have the authority to issue permits as it may determine necessary for the
prevention and abatement of air pollution.

What are covered by the Clean Air Act?

- All potential sources of air pollution (mobile , point and area sources) must comply with the provisions
of the law .

-All emissions must be within the air quality standards.

LET’S REVIEW SOME SOURCES OF POLLUTION

Mobile Sources

refer to vehicle like cars , trucks ,buses, jeepneys, tricycles, motorcycles and vans.

Point Sources

refer to stationary sources such as industrial firms and smokestacks of power plants ,hotels and other
establishments

Area Sources
 refer to sources of emission other than the above. This include smoking, burning of garbage, and dust
from constructions, unpaved grounds, etc.

Section 21: Pollution from Motor Vehicles

The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in
this act.

Exhaust emissions standards for various mobile sources that are either in-use, new, rebuilt, and
imported second hand have been set.

In-use motor vehicles will only be allowed renewal of their registration upon proof of compliance with
emission standards through actual testing by the Motor Vehicle Inspection System (MVIS) of the
DOTC/LTO, and authorized private emission testing centers.

Section 22: Regulation of All Motor Vehicles and Engines

Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies
with the emission standards set pursuant to this act, as evidenced by a Certificate of Conformity (COC)
issued by the Department.

What will be done to smoke belching vehicles on the road?

Smoke belching vehicles on the road shall be subjected to emission testing by properly equipped
enforcement teams from the DOTC/LTO or its duly deputized agents. Violators will be subject to the
following fines/penalties:

1st offense- a fine not to exceed Two thousand pesos (P2,000);

2nd offense- a fine not less than Two thousand pesos (P2,000) and not to exceed Four thousand pesos
(P4,000);

3rd offense- one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than
Four thousand pesos (P4,000) and not more than Six thousand pesos, (P6,000).

Section 19: Pollution From Stationary Sources

To further improve the emission standards for stationary sources of air pollution.

With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air
pollutants, the concentration at the point of emission shall not exceed the standards.

What will be done to polluting industries?

A fine of not more than 100,000 for every day of violation shall be charged against the owner of a
stationary source, until such time that standards have been met.(Section 45)

For gross violation, the penalty is imprisonment of not less than six years but not more than then years
upon the discretion of the court. At the same time, the Pollution Adjudication Board (PAB) could close
the firm through the issuance of a Cease and Desist Order.(Section 48)

There is a gross violation of the law or its rules when any of the following occurs:
- Three of more specific offenses within a period of one year

- Three or more offenses within three consecutive years

- Blatant disregard of the orders of the PAB, such as, but not limited to the breaking of seals, padlocks
and other similar devices, or operating despite the existence of an order for closure, discontinuance or
cessation of operation

- Irreparable or grave damage to the environment as a consequence of any violation or omission of the
provisions of the act or its IRR.

Pollution from other Sources

Section 24: Pollution from smoking

Smoking inside a public building or an enclosed public place including public vehicles and other means of
transport or in any enclosed area outside of one’s private residence, private place of work or any duly
designated smoking area is hereby prohibited under this act.

Clean fuels are needed to achieve clean air. The Clean Air Act thus provides for:

SEC. 26. Fuels and Additives. – unleaded gasoline fuel shall contain aromatics not to exceed forty- five
percent (45%) by volume and benzene not to exceed four percent (4%) by volume: Provided, That by
year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by
volume and benzene not to exceed two percent (2%) by volume.

What can you do to help clean the air?

• Walk or ride your bike to places

• Report smoke belchers to LTO, MMDA or appropriate local government units

• Don’t burn garbage

• Plant trees

• Spread the word about the ban of smoking in public areas

GROUP 8

Presidential Decree No. 1586

ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER

ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES

WHAT IS ENVIRONMENTAL IMPACT ASSESSMENT ?

In the Philippines, we have Environmental Impact Statement System under Presidential Decree 1586
which was ratified on June 11, 1978. The main objective of this law is to maintain the balance between
the environment and the socio-economic development of the country. It aims to protect the
environment despite the increasing demand of natural resources and development to attain
sustainability.

What are the salient points of P.D. 1586?

1. POLICY

Declares as a State Policy to attain and maintain a rational and orderly balance between socio-
economic growth and environmental protection. (Sec. 1 of P.D. 1586)

EIA is the process of identifying and evaluating the consequences of human action on the environment
and mitigating those consecquences

2. EIS SYSTEM

All agencies and instrumentalities of the National Government, including government-owned and
controlled corporations, firms, and entities to undertake an EIA for all proposed projects and
undertakings which significantly affect the quality of the environment (Sec. 2 of P.D. 1586 )

Declares Environmental Critical Projects and Areas and to secure Environmental Compliance Certificate
(ECC) before commencing or undertaking projects.

3. PENALTY PROVISIONS

Fines and/or penalties for every violation of conditions stipulated in the ECC and commencing
projects without ECC.

ENVIRONMENTALLY CRITICAL PROJECTS (ECP)

Includes heavy industries, resource extractive industries, infrastructure projects, golf course projects.

ENVIRONMENTALLY CRITICAL AREAS (ECA)

• Areas declared by law as natural parks, watershed reserves, wildlife reserves, and sanctuaries.

• Areas set aside as aesthetic, potential tourist spots.

• Areas which constitute the habitat for any endangered or threatened species of indigenous
Philippine wildlife (flora and fauna).

• Areas of unique historical, archeological, geological or scientific interests.

• Areas which are traditionally occupied by cultural communities or tribes

• Areas frequently visited and/or hard hit by natural calamities (geologic hazards, floods,
typhoons, volcanic activity, etc.)
Areas of critical slope
Areas classified as prime agricultural lands
Recharged areas of aquifers
Waterbodies
 Mangrove areas
Coral reefs

SECTION 4 of P.D. 1586

No person, partnership or corporation shall undertake or operate any such declared

environmentally critical project or area without first securing an Environmental Compliance
Certificate (ECC)

WHAT IS EIA?

• Evaluating and predicting the likely impacts of a project

• Designing appropriate measures to address negative effects or risks to the environment

incorporated in the project design

NATURE OF THE EIA

• EIA is not a document but a process.

• A seperate environmental Compliance Certificate is reqiuired for additional removal or

replanting of trees affected by the expansion of mix -use tourism.

• Prior public consultation and approval of local govenrment projects required

MAIN OBJECTIVES OF EIA

• Identification of possible impacts

• Evaluation of identified impacts

• Mitigation of significant impacts

WHAT IS AN ECC?

ENVIRONMENTAL COMPLIANCE CERTIFICATE

- Decision document issued by EMB after a positive review of an ECC application.

- Certifies that proponent has complied with requirements of the EIS System.

- Proponent committed to implement its Environmental Management Plan.

-Contains specific measures and conditions proponent has to undertake.

How do we know if our project is required to secure an ECC?

CATEGORY A PROJECTS

• Classified as Environmentally Critical Projects (ECPs)

• Required to secure an ECC

• Processing done manually via EMB Central Office

Environmentally Critical Project (ECP)

• - project or program that has high potential for significant negative environmental impact as
defined under Presidential Proclamation 2146 (1981).

Example: Non-Ferrous metal industries

Iron and steel mills

Petroleum and petro chemical Industries including oil and gas

Smelting gas

CATEGORY B PROJECTS

• Not classified as ECP

• Deemed to significantly affect the quality of environment being located in an Environmentally

Critical Area (ECA)

• Required to secure an ECC

• Processing done online via EMB Regional Office

CATEGORY C PROJECTS

• Directly enhance the quality of the environment

• Directly address existing environmental problems

• NOT required to secure an ECC

CATEGORY D PROJECTS
• Unlikely to cause significant adverse impact on the quality of the environment

• NOT required to secure an ECC

• May secure CNC through online system

What is CNC?

Certification issued by EMB certifying that project is:

-not covered by the EIS System

-not required to secure an ECC

ONLINE PROCESSING OF CERTIFICATE OF NON-COVERAGE (CNC) APPLICATION

EMB Memorandum Circular No. 2015-003

Implementation of Online Processing of CNC Applications

for Category D Projects under the Philippine Environmental Impact Statement System (PEISS)

ONLINE PROCESSING OF ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) APPLICATIONS

EMB Memorandum Circular No. 2015-008

Implementation of Online Processing of Environmental Compliance Certificate

(ECC) Applications

for Category B Projects requiring Initial Environmental Examination (IEE)

Checklist Report Forms

under the Philippine Environmental Impact Statement System (PEISS)

SECTION 5 of P.D. 1586

Environmentally Non-Critical Projects. All other projects, undertakings and areas not declared by
the President as environmentally critical shall be considered as non-critical and shall not be
required to submit an environmental impact statement. The National Environmental Protection
Council, thru the Ministry of Human Settlements may however require non-critical projects and
undertakings to provide additional environmental safeguards as it may deem necessary.

SECTION 6 of P.D. 1586

Secretariat. The National Environmental Protection Council is hereby authorized to constitute

the necessary secretariat which will administer the Environmental Impact Statement System and
undertake the processing and evaluation of environmental impact statements.

SECTION 7 of P.D. 1586

Management and Financial Assistance. The Ministry of Human Settlements is hereby authorized
to provide management and financial support to government offices and instrumentalities
placed under its supervision pursuant to this Decree financed from its existing appropriation or
from budgetary augmentation as the Minister of Human Settlements may deem necessary.

SECTION 8 of P.D. 1586

The National Environmental Protection Council shall issue the necessary rules and regulations to
implement this Decree. For this purpose, the National Pollution Control Commission may be
availed of as one of its implementing arms, consistent with the powers and responsibilities of
the National Pollution Control Commission as provided in P.D. No. 984.

SECTION 9 of P.D. 1586

Any person, corporation or partnership found violating Section 4 of this Decree, or the terms
and conditions in the issuance of the Environmental Compliance Certificate, or of the standards,
rules and regulations issued by the National Environmental Protection Council pursuant to this
Decree shall be punished by the suspension or cancellation of his/its certificate or and/or a fine
in an amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the
discretion of the National Environmental Protection Council.
 GROUP 9

Presidential Decree No. 979

PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE
POLLUTION

WHEREAS, the marine environment and the living organisms, which it supports are of vital
importance to humanity, and all people have an interest in assuring that it is managed and
protected, and its quality is not impaired

WHEREAS, recognizing that the capacity of the sea to assimilate wastes and render them
harmless, and its ability to regenerate natural resources is limited;

WHEREAS, knowing that marine pollution originates from many sources, such as dumping and
discharging through the rivers, estuaries, brooks or springs;

2 Types of Marine Pollution

1. Chemicals

2. Trash

Chemicals

-Common man-made pollutants that reach the ocean include pesticides, herbicides, fertilizers,
detergents, oil, industrial chemicals, and sewage.

-Many ocean pollutants are released into the environment far upstream from coastlines.

1. Trash

Trash can travel throughout the world's rivers and oceans, accumulating on beaches and within
gyres.

This debris harms physical habitats, transports chemical pollutants, threatens aquatic life, and
interferes with human uses of river, marine and coastal environments.

WHEREAS, it is our responsibility to control public and private activities that cause damage to
the marine environment by using the best practicable means and by developing improved
disposal processes to minimize harmful wastes;

WHEREAS, there is an urgent need to prevent, mitigate or eliminate the increasing damages to

marine resources as a result of pollution;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by

virtue of the powers vested in me by the Constitution, do hereby decree and order the
following:

• SECTION 1:
• Title. — This Decree shall be known as the Marine Pollution Decree of 1976.

• SECTION 2

• Statement of Policy. — It is hereby declared a national policy to prevent and control the
pollution of seas by the dumping of wastes and other matter which create hazards to human
health, harm living resources and marine life, damage amenities, or interfere with the legitimate
uses of the sea within the territorial jurisdiction of the Philippines.

SECTION 3

Definition of Terms. — For the purposes of this Decree:

a. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting,
emptying or dumping but does not include discharge of effluents from industrial or
manufacturing establishments, or mill of any kind. cdt

c. "Oil" means oil of any kind or in any form including, but not limited to, petroleum, fuel oil,
sludge, oil refuse, and oil mixed with wastes other than dredge spoil.

d. "Navigable Waters" means the waters of the Philippines, including the territorial sea and
inland waters which are presently, or be in the future susceptible for use by watercraft.

e. "Vessel" means every description of watercraft, or other artificial contrivance used, or capable
of being used, as a means of transportation on water.

f. "Person" includes any being, natural or juridical, susceptible of rights and obligations or of
being the subject of legal relations.

g. "Refuse" means garbage, waste, wood residues, sand, lime cinders ashes, offal, nightsoil, tar,
dye staffs, acids, chemicals and substances other than sewage and industrial wastes that may
cause pollution.

SECTION 4

Prohibited Acts. — Except in cases of emergency imperilling life or property, or unavoidable

accident, collision, or stranding or in any cases which constitute danger to human life or
property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if
damping appears to be the only way of averting the threat and if there is probability that the
damage consequent upon such dumping will be lees than would otherwise occur, and except as
otherwise permitted by regulations prescribed by the National Pollution Control Commission or
the Philippine Coast Guard, it shall be unlawful for any person to —

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;

b. throw, discharge or deposit, dump, or cause suffer or procure to be thrown, discharged, or

deposited either from or out of any ship, barge, or other floating craft of vessel of any kind, or
from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of
 any kind or description whatever other than that flowing from streets and sewers and passing
therefrom in a liquid state into tributary of any navigable water from which the same shall float
or be washed into such navigable water; and

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.

SECTION 5

It shall be the primary responsibility of the National Pollution Control Commission to promulgate
national rules and policies governing marine pollution, including but not limited to the discharge
of effluents from any outfall structure, industrial and manufacturing establishments or mill of
any kind to the extent that it is regulated under the provisions of Republic Act Numbered Three
Thousand Nine Hundred Thirty-One, and to issue the appropriate rules and regulations upon
consultation with the Philippine Coast Guard

PHILIPPINE COAST GUARD

• The Philippine Coast Guard shall promulgate its own rules and regulations in accordance with
the national rules and policies set by the National Pollution Control Commission upon
consultation with the latter, for the effective implementation and enforcement of this decree
and other applicable laws, rules and regulations promulgated by the government.

The rules and regulations issued by the National Pollution Control Commission or the Philippine
Coast Guard shall not include deposit of oyster, shells, or other materials when such deposit is
made for the purpose of developing, maintaining or harvesting fisheries resources and is
otherwise regulated by law or occurs pursuant to an authorized government program: Provided,
That the Philippine Coast Guard, whenever in its judgment navigation will not be injured thereby
and upon consultation with and concurrence of the National Pollution Control Commission, may
permit the deposit of any of the materials above-mentioned in navigable waters, and whenever
any permit is so granted, the conditions thereof shall be strictly complied with.

SECTION 6

Enforcement and Implementation. — The Philippine Coast Guard shall have the primary
responsibility of enforcing the laws, rules and regulations governing marine pollution. However,
it shall be the joint responsibility of the Philippine Coast Guard and the National Pollution
Control Commission to coordinate and cooperate with each other in the enforcement of the
provisions of this decree and its implementing rules and regulations, and may call upon any
other government office, instrumentality or agency to extend every assistance in this respect.

SECTION 7
Penalties for Violations. — Any person who violates Section 4 of this Decree or any regulations
prescribed in pursuance thereof, shall be liable for a fine of not less than Two Hundred Pesos
nor more than Ten Thousand Pesos or by imprisonment of not less than thirty days nor more
than one year or both such fine and imprisonment, for each offense, without prejudice to the
civil liability of the offender in accordance with existing laws

Any vessel from which oil or other harmful substances are discharged in violation of Section 4 or
any regulation prescribed in pursuance thereof, shall be liable for the penalty of fine specified in
this section, and clearance of such vessel from the port of the Philippines may be withheld until
the fine is paid.
In addition to the penalties above-prescribed, the Philippine Coast Guard shall provide in its
rules and regulations such reasonable administrative penalties as may be necessary for the
effective implementation of this decree.

SECTION 8

Containment — Recovery System. — The Philippine Coast Guard shall develop an adequate
capability for containment and recovery of spilled oil for inland waters and high seas use. An
initial amount of five (5) million pesos is hereby appropriated for the procurement of necessary
equipment for this purpose. For the succeeding fiscal years, the appropriation for the
development of such capability shall be included in the Philippine Coast Guard portion of the
General Appropriation Decree.

SECTION 9

Repealing Clause. — All laws, rules and regulations inconsistent with this decree are hereby
repealed or modified accordingly.

SECTION 10

Effectivity. — This Decree shall take effect immediately.

Done in the City of Manila, this 18th day of August, in the year of Our Lord, nineteen hundred
and seventy-six.