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 Water – 2
Air – 1
Metal – 1
Fire – 2
Land – 8
Humans / Animals - 5
Presidential Decree No. 1067.
The Water Code of the Philippines.
December 31, 1976

Republic Act No. 9275

Philippine Clean Water Act of 2004
March 22, 2004
Setbacks from the banks of rivers and streams and the shores of the
seas and lakes:
three (3) meters in urban areas
twenty (20) meters in agricultural areas
forty (40) meters in forest areas

Easement of public use - recreation, navigation, floatage, fishing and

salvage.

No person shall be allowed to stay in this zone longer than what is

necessary for recreation, navigation, floatage, fishing or salvage or
to build structures of any kind.

(Article 51)
Underlying principles on all waters:

1. They belong to the State.

2. They can not be the subject to acquisitive prescription.

3. Their use or development of waters by administrative concession may be

allowed.

4. Their utilization, exploitation, development, conservation and protection of

water resources shall be subject to the control and regulation of the
government.

5. Preference in the use and development of waters shall consider current usages
and be responsive to the changing needs of the country.

(Article 3)
The following belong to the State:

1. Rivers and their natural beds

2. Continuous or intermittent waters of springs and brooks running in their natural

beds and the beds themselves

3. Natural lakes and lagoons

4. All other categories of surface waters such as water flowing over lands, water from
rainfall whether natural, or artificial, and water from agriculture runoff, seepage and
drainage

5. Atmospheric water

6. Subterranean or ground waters

7. Seawater

(Article 5)
The following waters found on private lands belong to the
State:

1. Continuous or intermittent waters rising on such lands

2. Lakes and lagoons naturally occurring on such lands

3. Rain water falling on such lands

4. Subterranean or ground waters

5. Water in swamps and marshes

(Article 6)
Waters - water under the grounds, water above the ground, water in the atmosphere and the waters of the
sea within the territorial jurisdiction of the Philippines. (Article 4)

Appropriation of water - the acquisition of rights over the use of waters or the taking or diverting of
waters from a natural source in the manner and for any purpose allowed by law. (Article 9, 2nd
paragraph)

Allowed purposes for water appropriation (Section 10)

Domestic purposes is the utilization of water for drinking, washing, bathing, cooking or other
household needs, home gardens, and watering of lawns or domestic animals.
Municipal purposes is the utilization of water for supplying the water requirements of the
community.
Irrigation is the utilization of water for producing agricultural crops.
Power generation is the utilization of water for producing electrical or mechanical power.
Fisheries is the utilization of water for the propagation and culture of fish as a commercial
enterprise.
Livestock raising is the utilization of water for large herds or flocks of animals raised as a
commercial enterprise.
Industrial purposes is the utilization of water in factories, industrial plants and mines, including the
use of water as an ingredient of a finished product.
Recreational purposes is the utilization of water for swimming pools, bath houses, boating, water
skiing, golf courses and other similar facilities in resorts and other places of recreation.
Water right is the privilege granted by the government to appropriate and
use water. (Article 13, 2nd par.)

When water permit is not necessary (Article 14 cf. Article 33)

◾ Appropriation of water by means of handcarried receptacles; and
◾ Bathing or washing, watering or dipping of domestic or farm animals, and
navigation of watercrafts or transportation of logs and other objects by
flotation.

Who may apply for water permits: (Article 15)

◾ Citizens of the Philippines, of legal age
◾ Juridical persons, who are duly qualified by law to exploit and develop water
resources

No water permit shall be granted to an individual when his water

requirement can be supplied through an irrigation association.
(Article 72, 2nd par.)
Beneficial use of water is the utilization of water in the right amount
during the period that the water is needed for producing the
benefits for which the water is appropriated. It is the measure and
limit of appropriation of water. (Article 20)

Control area is an area of land where subterranean or ground water

and surface water are so interrelated that withdrawal and use in
one similarly affects the other. The boundary of a control area may
be altered from time to time, as circumstances warrant. (Article
32, 3rd par.)

Water pollution is the impairment of the quality of water beyond a

certain standard. This standard may vary according to the use of
the water and shall be set by the N ational Pollution C ontrol
Commission. (Article 75, 2nd par.)
When water permits are revoked: (Article 29)
◾ non-use
◾ gross violation of the conditions imposed in the permit
◾ unauthorized sale of water
◾ willful failure or refusal to comply with rules and regulations of any lawful
order
◾ pollution, public nuisance or acts detrimental to public health and safety
◾ when the appropriator is found to be disqualified under the law to exploit and
develop natural resources of the Philippines
◾ when, in the case, of irrigation, the land is converted to non-agricultural
purposes
◾ other similar grounds
Concerned agencies:

National Water Resources Council (Section 3.d)

◾ Presently the National Water Resources Board (“Water Resource Regulator”; “Economic Regulator” of
waterworks system)
◾ empowered to make all decisions and determinations provided for in this Code, except in regard to those
functions which under this Code are specifically conferred upon other agencies of the government (Article
79)
◾ develop a stream, lake, or spring for recreational purposes (Article 41)
◾ all reservoir operations (A rticle 62)
◾ drilling of a well (A rticle 64)
◾ dumping of tailings from mining operations and sediments from placer mining into rivers and waterways
(Article 77)

Department of Public Works and Highways

◾ construction of dams, bridges and other structures across of which may interfere with the flow of
navigable or flotable waterways (Article 38)
◾ declare flood control areas and promulgate guidelines for governing flood plain management plans in
these areas (Article 53)
◾ cultivation of river beds, sand bars and tidal flats (Article 56)
◾ when the owners of the affected lands (change of course of rivers or streams) may undertake to return the
river or stream to its old bed at their own expense (Article 58)
Department of Health
◾ develop a hot spring for human consumption (Article 40)
◾ establishment of cemeteries and waste disposal areas that may affect the source of a water
supply or a reservoir for domestic or municipal use (Article 76)

Philippine Coast Guard

◾ declaration of rivers, lakes and lagoons as navigable, in whole or in part (Article 59)

Department of Environment and Natural Resources

◾ declaration of any watershed or any area of land adjacent to any surface water or overlying
any ground water as protected area (Article 67)

National Pollution Control Commission

◾ build any works that may produce dangerous or noxious substances or perform any act
which may result in the introduction of sewage, industrial waste, or any pollutant into any
source of water supply (Article 75)
◾ endorsement of dumping of tailings from mining operations and sediments from placer
mining into rivers and waterways (Article 77)
◾ application of agricultural fertilizers and pesticides where such application may cause
pollution of a source of water supply (Article 78)
SECTION 3. Coverage of the Act.
- water quality management in all water bodies, primarily to the abatement and control of
pollution from land based sources

SECTION 4. Definition of Terms. - As used in this Act:

Beneficial use - means the use of the environment or any element or segment thereof conducive to public or private welfare,
safety and health; and shall include, but not be limited to, the use of water for:
1. domestic purposes - means the utilization of water for drinking, washing, bathing,
cooking or other household needs, home gardens and watering of lawns or domestic
animals;
2. municipal purposes - means the utilization of water for supplying water requirements of
the community;
3. irrigation - means the utilization of water for producing agricultural crops;
4. power generation - means the utilization of water for producing electrical or
mechanical power;
5. fisheries - means the utilization of water for the propagation of culture of fish as
a commercial enterprise;
6. livestock raising - means the utilization of water for large herds or flocks of animals
raised as a commercial enterprise;
7. industrial purposes - means the utilization of water in factories, industrial plants and
mines, including the use of water as an ingredient of a finished product; and
8. recreational purposes - means the utilization of water for swimming pools, bath houses,
boating, water skiing, golf courses and other similar facilities in resorts and other places of
Contamination - means the production of substances not found in the natural composition of water
that make the water less desirable or unfit desirable or unfit for intended use.

Effluent - means discharge from known sources which is passed into a body of water or land, or
wastewater flowing out of a manufacturing plant, industrial plant including domestic,
commercial and recreational facilities.

Pollutant - shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly
or indirectly:
(i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely
any beneficial use thereof;
(ii) is hazardous or potential hazardous to health;
(iii) imparts objectionable odor, temperature change, or physical, chemical or biological change to
any segment of the water body; or
(iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in
contravention of the condition, limitation or restriction prescribed in this Act.

Water Pollution - means any alteration of the physical, chemical, biological, or radiological
properties of a water body resulting in the impairment of its purity or quality.
Septage - means the sludge produced on individual onsite wastewater disposal
systems, principally septic tanks and cesspools.

Sewage - means water-borne human or animal wastes, excluding oil or oil wastes,
removed from residences, building, institutions, industrial and commercial
establishments together with such groundwater, surface water and storm water as
maybe present including such waste from vessels, offshore structures, other
receptacles intended to receive or retain waste or other places or the combination
thereof.

Sewerage - includes, but is not limited to, any system or network of pipelines, ditches,
channels, or conduits including pumping stations, lift stations and force mains,
service connections including other constructions, devices, and appliances
appurtenant thereto, which includes the collection, transport, pumping and
treatment of sewage to a point of disposal.

Sludge - means any solid, semi-solid or liquid waste or residue generated from a
wastewater treatment plant, water supply treatment plant, or water control
pollution facility, or any other such waste having similar characteristics and effects.
SECTION 8. Domestic Sewage Collection, Treatment and Disposal.
- Requirement to connect the existing sewage line found in all
establishments and households to available sewerage system.

SECTION 14. Discharge Pemits.

- Required of owners or operators of facilities that discharge
regulated effluents
- Effluent trading may be allowed per management area.

SECTION 17. Programmatic Environmental Impact Assessment. -

The Department shall implement programmatic compliance with
the environmental impact assessment system, as in the following
types of development:
a) a series of similar projects, or a project subdivided into several
phases
b) several components or a cluster of projects co-located in an area
SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along
the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide
action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body;
b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute
groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for
short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids
may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater;
c) 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;
d) 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;
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969;
g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or
pollutants listed under R. A . No. 6969 into water bodies or wherein the same shall be liable to be washed into such
surface, ground, coastal, and marine water;
h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its implementing rules, and regulations;
i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit
was revoked for any violation of condition therein;
j) Non-compliance of the L G U with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions
shall be imposed on the local government officials concerned;
k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;
l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act;
m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act;
n) Refusal or failure to designate pollution control officers whenever required by, the Department in accordance with this Act;
and
o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or
impair the water quality.
SECTION 19. Lead Agency. - The Department (DENR) shall be the primary government agency responsible for the
implementation and enforcement of this Act unless otherwise provided herein. As such, it shall have the
following functions, powers and responsibilities:
xx x

The Department shall gradually devolve to the LGUs, and to the governing boards the authority to administer some
aspects of water quality management and regulation, including, but not to be limited to, permit issuance,
monitoring and imposition of administrative penalties, when, upon the Department's determination, the L G U
or the governing board has demonstrated readiness and technical capability to undertake such functions.

SECTION 20. Role of Local Government Units.

Local government units shall share the responsibility in the management and improvement of water quality within
their territorial jurisdictions.
Specific functions of the Environment and Natural Resources Office (ENRO):
a) M onitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water Quality Management Action Plan;
d) To take active participation in all efforts concerning water quality protection and rehabilitation; and
e) To coordinate with other government agencies and civil society and the concerned sectors in the implementation
of measures to prevent and controlwater pollution

Note: Where there are no environment and natural resources officers, the local executive concerned may, with the
approval of the Secretary of the DENR designate any of his official and/or chief of office preferably the
provincial, city or municipal agriculturist, or any of his employee
Republic Act No. 8749
Philippine Clean Air Act of 1999
June 23, 1999
Principle:
"POLLUTERS MUST PAY".
(Section 2)

Right:
To breathe clean air
(Section 4)
 Section 20. Ban on Incineration. -
General Rule: Incineration, hereby defined as the burning of municipal, biomedical and
hazardous waste, which process emits poisonous and toxic fumes is hereby
prohibited;
Exceptions:
(1)traditional small-scale method of community/neighborhood sanitation "siga"
(2)traditional, agricultural, cultural, health, and food preparation and crematoria

Section 24. Pollution from smoking.

When smoking is prohibited:
(1) inside a public building
(2) enclosed public place including public vehicles and other means of transport
(3) any enclosed area outside of one's private residence, private place of work or any
duly designated smoking area

Implementation: LGUs
Air pollutant
- any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and
the inert gases in their natural or normal 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
- any alteration of the physical, chemical and biological properties of the atmospheric air, or any
discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to
render the air resources of the country harmful, detrimental, or injurious to public health,
safety or welfare or which will adversely affect their utilization for domestic, commercial,
industrial, agricultural, recreational, or other legitimate purposes

Eco-profile
- geographic-based instrument for planners and decision-makers which present an evaluation of
the environmental quality and carrying capacity of an area. It is the result of the integration of
primary and secondary data and information on natural resources and anthropogenic activities
on the land which are evaluated by various environmental risk assessment and forecasting
methodologies that enable the Department to anticipate the type of development control
necessary in the planning area

Pollution control device

- any device or apparatus used to prevent, control or abate the pollution of air caused by emissions
from identified pollution sources at levels within the air pollution control standards established
by the Department;
Section 34. Lead Agency.
- The Department (DENR), unless otherwise provided herein, shall be the primary government agency
responsible for the implementation and enforcement of this Act.
- Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for a
period of no more than two (2) years, unless a separate, comprehensive environmental management
agency is created.

Section 16. Permits.

- DENR - authority to issue permits as it may determine necessary for the prevention and abatement of air
pollution

Section 21. Pollution from Motor Vehicles.

- DOTC - implement the emission standards for motor vehicles

Section 31. Greenhouse Gases.

- PAGASA - monitor meteorological factors affecting environmental conditions including ozone depletion
and greenhouse gases and coordinate with the Department in order to effectively guide air pollution
monitoring and standard-setting activities.

Section 9. Airsheds.
- the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate,
meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or
areas which share common interest or face similar development programs, prospects or problems.
- Emissions trading may be allowed among pollution sources within an airshed.
Republic Act No. 7942
Philippine Mining Act of 1995
March 3, 1995
Section 4. Ownership of Mineral Resources.
- owned by the State; exploration, development, utilization, and processing
under its full control and supervision, either directly or with contractors
- recognize and protect the rights of the indigenous cultural communities
to their ancestral lands as provided for by the Constitution.

Section 16. Opening of Ancestral Lands for Mining Operations.

No ancestral land shall be opened for mining-operations without prior
consent of the indigenous cultural community concerned.

Section 5. Mineral Reservations.

- By declaration of the President upon recommendation of the Director
(MGB) through the Secretary (DENR)
- When the national interest so requires, such as when there is a need to
preserve strategic raw materials for industries critical to national
development, or certain minerals for scientific, cultural or ecological
value
Section 20. Exploration Permit.
- grants the right to conduct exploration for all
minerals in specified areas; issued by the MGB

Section 21. Terms and Conditions of the

Exploration Permit.
- for a period of two (2) years
Section 26. Modes of Mineral Agreement. For purposes of mining operations, a
mineral agreement may take the following forms as herein defined:
a. Mineral production sharing agreement is an agreement where the Government
grants to the contractor the exclusive right to conduct mining operations within a
contract area and shares in the gross output. The contractor shall provide the
financing, technology, management and personnel necessary for the
implementation of this agreement.
b. Co-production agreement is an agreement between the Government and the
contractor wherein the Government shall provide inputs to the mining operations
other than the mineral resource.
c. Joint venture agreement is an agreement where a joint-venture company is organized
by the Government and the contractor with both parties having equity shares. Aside
from earnings in equity, the Government shall be entitled to a share in the gross
output.

Section 32. Terms.

- Period: not exceeding twenty-five (25) years to start from the date of execution thereof,
and renewable for another term not exceeding twenty-five (25) years…
Section 38. Term of Financial or Technical Assistance Agreement.
- not exceeding twenty-five (25) years, renewable for not more than twenty-five (25)
years

Section 43. Quarry Permit.

- Maximum Area - five hectares (5 has.)
- Period - five (5) years, renewable for like periods but not to exceed twenty-five (25)
years
No quarry permit shall be issued or granted on any area covered by a mineral
agreement or financial or technical assistance agreement.

Section 46. Commercial Sand and Gravel Permit

- Maximum Area - five hectares (5 has.)

Section 47. Industrial Sand and Gravel Permit.

- Allowed Area – more than 5 hectares
- Period - five (5)years, renewable for a like period but not to exceed twenty-five
(25) years
Mineral agreement means a contract between the government and a contractor,
involving mineral production-sharing agreement, co-production agreement, or
joint-venture agreement.

Mining operation means mining activities involving exploration, feasibility,

development, utilization, and processing.

Exploration means the searching or prospecting for mineral resources by geological,

geochemical or geophysical surveys, remote sensing, test pitting, trenching,
drilling, shaft sinking, tunneling or any other means for the purpose of
determining the existence, extent, quantity and quality thereof and the feasibility of
mining them for profit.

Development means the work undertaken to explore and prepare an ore body or a
mineral deposit for mining, including the construction of necessary infrastructure
and related facilities.

Utilization means the extraction or disposition of minerals.

Mineral processing means the milling, beneficiation or upgrading of ores or minerals

and rocks or by similar means to convert the same into marketable products.
Minerals refers to all naturally occurring inorganic substance in solid, gas, liquid, or any
intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive
materials, and geothermal energy. ac. Mineral land means any area where mineral resources
are found.

Ore means a naturally occurring substance or material from which a mineral or element can be
mined and/or processed for profit.

Quarry resources refers to any common rock or other mineral substances as the Director of Mines
and Geosciences Bureau may declare to be quarry resources such as, but not limited to,
andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones,
gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite,
rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic glass:
Provided, That such quarry resources do not contain metals or metallic constituents and/or
other valuable minerals in economically workable quantities: Provided, further, That non-
metallic minerals such as kaolin, feldspar, bull quartz, quartz or silica, sand and pebbles,
bentonite, talc, asbestos, barite, gypsum, bauxite, magnesite, dolomite, mica, precious and
semi-precious stones, and other non-metallic minerals that may later be discovered and which
the Director declares the same to be of economically workable quantities, shall not be classified
under the category of quarry resources.

Quarrying means the process of extracting, removing and disposing quarry resources found on or
underneath the surface of private or public land.
Section 8. Authority of the Department (DENR).
- primary government agency responsible for the
conservation, management, development, and
proper use of the State's mineral resources

Section 9. Authority of the Bureau (MGB).

- direct charge in the administration and disposition
of mineral lands and mineral resources
- shall undertake geological, mining, metallurgical,
chemical, and other researches as well as
geological and mineral exploration surveys
Republic Act No. 9729
Climate Change Act of 2009
October 23, 2009

Republic Act No. 10121

Philippine Disaster Risk Reduction and
Management Act of 2010
May 27, 2010
Section 2. Declaration of Policy.
– adoption of:
- Philippine Agenda 21 framework which espouses
sustainable development
- principle of protecting the climate system for the benefit of
humankind, on the basis of climate justice or common but
differentiated responsibilities
- Precautionary Principle to guide decision-making in climate
risk management.
- Objective of United Nations Framework Convention on
Climate Change which is the stabilization of greenhouse gas
concentrations in the atmosphere
- Strategic goals of the Hyogo Framework for Action to build
national and local resilience to climate change-related
disasters. x x x
Adaptive capacity
- 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.

Anthropogenic causes
- causes resulting from human activities or produced by human beings.

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.

Gender mainstreaming
- 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.

Global Warming
- 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.
Greenhouse effect
- the process by which the absorption of infrared radiation by the atmosphere warms the Earth.

Greenhouse gases (GHG)

- 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

Mitigation
- in the context of climate change, refers to human intervention to address anthropogenic emissions
by sources and removals by sinks of all G H G , including ozone- depleting substances and their
substitutes.

Sea level rise

- 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.

Vulnerability
- 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.
– an independent and autonomous body; same status as that of
a national government agency.
- attached to the Office of the President.
- 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
.
Section 5. Composition of the Commission.
– President of the Republic of the Philippines – Chairperson
- three (3) Commissioners to be appointed by the President,
one of whom shall serve as the Vice Chairperson of the
Commission.
Section 16. Declaration of State of Calamity.
– National level: declaration and lifting upon recommendation of the
N ational C ouncil to the President
- Local level: issued by the local sanggunian, upon the
recommendation of the LDRRM C

Section 17. Remedial Measures.

(a) Imposition of price ceiling on basic necessities and prime
commodities by the President …
(b) Monitoring, prevention and control … 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
( d ) G ranting 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
Adaptation
– the adjustment in natural or human systems in response to actual or expected climatic
stimuli or their effects, which moderates harm or exploits beneficial opportunities.

Capacity
– a combination of all strengths and resources available within a community, society or
organization that can reduce the level of risk, or effects of a disaster. Capacity may include
infrastructure and physical means, institutions, societal coping abilities, as well as human
knowledge, skills and collective attributes such as social relationships, leadership and
management. Capacity may also be described as capability.

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.

Community-Based Disaster Risk Reduction and Management

– a process of disaster risk reduction and management in which at risk communities are
actively engaged in the identification, analysis, treatment, monitoring and evaluation of
disaster risks in order to reduce their vulnerabilities and enhance their capacities, and
where the people are at the heart of decision-making and implementation of disaster risk
reduction and management activities.
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. Disasters are often described as a result of
the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and
insufficient capacity or measures to reduce or cope with the potential negative consequences.
Disaster impacts may include loss of life, injury, disease and other negative effects on human,
physical, mental and social well-being, together with damage to property, destruction of assets,
loss of services, Social and economic disruption and environmental degradation.

Disaster Risk Reduction

– the concept and practice of reducing disaster risks through systematic efforts to analyze and
manage the causal factors of disasters, including through reduced exposures to hazards, lessened
vulnerability of people and property, wise management of land and the environment, and
improved preparedness for adverse events.

Disaster Risk Reduction and Management

– the systematic process of using administrative directives, organizations, and operational skills and
capacities to implement strategies, policies and improved coping capacities in order to lessen the
adverse impacts of hazards and the possibility of disaster. Prospective disaster risk reduction and
management refers to risk reduction and management activities that address and seek to avoid
the development of new or increased disaster risks, especially if risk reduction policies are not put
in place.
Risk
– the combination of the probability of an event and its negative consequences.

Mitigation
– structural and non-structural measures undertaken to limit the adverse impact of natural hazards, environmental
degradation, and technological hazards and to ensure the ability of at-risk communities to address vulnerabilities
aimed at minimizing the impact of disasters. Such measures include, but are not limited to, hazard-resistant
construction and engineering works, the formulation and implementation of plans, programs, projects and
activities, awareness raising, knowledge management, policies on land-use and resource management, as well as
the enforcement of comprehensive land-use planning, building and safety standards, and legislation.

Resilience
– the ability of a system, community or society exposed to hazards to resist, absorb, accommodate and recover from
the effects of a hazard in a timely and efficient manner, including through the preservation and restoration of its
essential basic structures and functions.

State of Calamity
– a condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads
and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced
hazard.

Vulnerability
– the characteristics and circumstances of a community, system or asset that make it susceptible to the damaging
effects of a hazard. Vulnerability may arise from various physical, social, economic, and environmental factors such
as poor design and construction of buildings, inadequate protection of assets, lack of public information and
awareness, limited official recognition of risks and preparedness measures, and disregard for wise environmental
management.
Section 21. Local Disaster Risk Reduction and Management
Fund
– Not less than five percent (5%) of the estimated revenue
from regular sources
➢ thirty percent (30%)of this fund shall be allocated as
Quick Response Fund (QRF) or stand-by fund for relief
and recovery programs

Section 22. National Disaster Risk Reduction and

Management Fund.
– previously the Calamity Fund appropriated under the
annual General Appropriations
> thirty percent (30%) of this fund shall be allocated as
Quick Response Fund (QRF) or stand-by fund
Section 5. National Disaster Risk Reduction and Management Council.
– previously the National Disaster Coordinating Council
- be headed by the Secretary of the Department of National Defense
(DND) as Chairperson
- DILG Secretary - Vice Chairperson for Disaster Preparedness
- DSWD Secretary - Vice Chairperson for Disaster Response,
- DOST Secretary - Vice Chairperson for Disaster Prevention and
Mitigation
- N EDA Director-G eneral - Vice C hairperson for Disaster
Rehabilitation and Recovery

Section 8. The Office of Civil Defense.

– O C D Administrator - Executive Director of the National Council
Commonwealth Act No. 141
The Public Land Act
November 7, 1936
Presidential Decree No. 705
Revised Forestry Code of the
Philippines
May 19, 1975
Republic Act No. 6657
Comprehensive Agrarian Reform
Law of 1988
June 10, 1988
Republic Act No. 7279
Urban Development and Housing
Act of 1992
March 24, 1992
Republic Act No. 7586
National Integrated Protected Areas
System Act of 1992
June 1, 1992
Republic Act No. 7916
The Special Economic Zone Act of 1995
February 24, 1995
(as amended by Republic Act No. 8748
on June 1, 1999)
Republic Act No. 8435
Agriculture and Fisheries Modernization
Act of 1997
December 22, 1997
Republic Act No. 9593
The Tourism Act of 2009
May 12, 2009
Public lands suitable for agricultural purposes can be disposed of only
as follows, and not otherwise:
(1)For homestead settlement
(2)By sale
(3)By lease
(4)By confirmation of imperfect or incomplete titles:
(a) By judicial legalization
(b) By administrative legalization (free patent). (Section 11)

Homestead maximum area: 24 hectares

Sale of public agricultural land maximum area: (Section 22)

Filipino citizens of lawful age – 144 hectares
Corporation or association at least 60% Filipino interest – 1024
hectares
LEASE OF PUBLIC AGRICULTURAL LAND

Maximum Area: (Section 33)

Filipino citizens of lawful age – 1024 hectares
Corporation or association at least 60% Filipino
interest – 1024 hectares
If for grazing purposes – 2000 hectares
Period: not more than 25 years, but may be renewed once for another period
of not to exceed 25 years (Section 38)

FREE PATENT

Maximum Area: (Section 44)

Natural-born citizen of the Philippines – 24 hectares
Applicability: lands of the public domain except timber and mineral lands, "friar lands,''
and reverted private property (Section 2)

Classification: The President, upon the recommendation of the Secretary (of Agriculture
and Commerce, now DENR) classify lands of public domain into:
(a) Alienable or disposable
(b) Timber
(c) Mineral lands
may transfer such lands from one class to another, and declare what lands are open to
disposition or concession under this Act. (Sections 6 & 7)

Classification of uses of alienable and disposable lands:

(a) Agricultural
(b) Residential commercial industrial or for similar productive purposes
(c) Educational, charitable, or other similar purposes
(d) Reservations for town sites and for public and quasi-public uses. (Section 9)
Section 15. Topography.

General rule:
No land of the public domain eighteen per cent (18%) in slope or over shall be
classified as alienable and disposable
Nor any forest land fifty per cent (50%) in slope or over, as grazing land.

Exception:
(when lands eighteen per cent (18%) in slope or over which have already been
declared as alienable and disposable shall be reverted to the classification
of forest lands)
(1)covered by existing titles or approved public land application
(2) actually occupied openly, continuously, adversely and publicly for a
period of not less than thirty (30) years as of the effectivity of this Code
(3) where the occupant is qualified for a free patent under the Public Land Act
Section 17. Establishment of boundaries of forest lands.
- clearly marked and maintained at intervals of not more than five hundred
(500) meters

Section 27. Duration of license agreement or license to harvest timber in forest

lands.
- The maximum period of any privilege to harvest timber is twenty-five
(25) years, renewable for a period, not exceeding twenty-five (25) years

Section 34. Industrial Tree Plantations and Tree Farms.

- Lease period of twenty-five (25) years, renewable for another period not
exceeding twenty-five (25) years,
- Minimum area of One Thousand (1,000) hectares for industrial tree
plantation and One Hundred (100) hectares for tree farm
- No lease shall be granted within critical watersheds.

Section 54. Pasture in forest lands.

- No forest land 50% in slope or over may be utilized for pasture purposes.
Public forest
- 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.

Permanent forest or forest reserves

- 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.

Alienable and disposable lands

- those lands of the public domain which have been the subject of the present system of classification and
declared as not needed for forest purposes.

Watershed
- a land area drained by a stream or fixed body of water and its tributaries having a common outlet for
surface run-off.

Critical watershed
- a drainage area of a river system supporting existing and proposed hydro-electric power and irrigation
works needing immediate rehabilitation as it is being subjected to a fast denudation causing
accelerated erosion and destructive floods. It is closed from logging until it is fully rehabilitated.

Mangrove
- type of forest occurring on tidal flat along the sea coast, extending along streams where the water is
brackish.
Section 16. Areas needed for forest purposes. The following lands, even if they are below eighteen per
cent (18%) in slope, are needed for forest purposes, and may not, therefore, be classified as
alienable and disposable land, to wit:
1. Areas less than 250 hectares which are far from, or are not contiguous with, any certified alienable
and disposable land;
2. Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect a spring
for communal use;
3. Areas which have already been reforested;
4. Areas within forest concessions which are timbered or have good residual stocking to support an
existing, or approved to be established, wood processing plant;
5. Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest
lands where headwaters emanate;
6. Appropriately located road-rights-or-way;
7. Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams
with channels of at least five (5) meters wide;
8. Strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines facing
oceans, lakes, and other bodies of water, and strips of land at least twenty (20) meters wide
facing lakes;
9. Areas needed for other purposes, such as national parks, national historical sites, game refuges
and wildlife sanctuaries, forest station sites, and others of public interest; and
10. Areas previously proclaimed by the President as forest reserves, national parks, game refuge,
bird sanctuaries, national shrines, national historic sites:

Note: If titled, have said title cancelled or amended, or the titled area expropriated if public interest
requires.
Section 33. Forest lands to be reforested. The following shall be reforested and covered with suitable
and sufficient trees, to wit:
(a) Bare or grass-covered tracts of forest lands with at least fifty per cent (50%) slope;
(b) Bare or grass-covered tracts of forest lands with less than fifty per cent (50%) slope, but with soil
so highly erodible as to make grass cover inadequate for soil erosion control;
(c) Brushlands or tracts of forest lands generally covered with brush, which need to be developed to
increase their productivity;
(d) Open tracts of forest lands with slopes or gradients generally exceeding fifty per cent (50%),
interspersed with patches of forest each of which is less than two hundred fifty (250) hectares
in area;
(e) Denuded or inadequately-timbered areas proclaimed by the President as forest reserves and
reservations as critical watersheds, national parks, game refuge, bird sanctuaries, national
shrines, national historic sites;
(f) Inadequately-stocked forest lands within forest concessions;
(g) Portions of areas covered by pasture leases or permits having a slope of at least fifty per cent
(50%); and
(h) River banks, easements, road rights-of-ways, deltas, swamps, former river beds, and beaches.

Section 43. Swamplands and mangrove forests.

- Shall be maintained and shall not be alienated; kept from artificial obstruction
- When released to BFAR reverted to forest land category:
(1)not utilized or
(2)abandoned for five (5) years from release
Section 59. Citizenship.
- Beyond 60% constitutional limitation encouraged but more Filipino participation
preferred

Section 5. Jurisdiction of Bureau (of Forest Development).

- over all forest land, grazing lands, and all forest reservations including watershed
reservations presently administered by other government agencies or
instrumentalities
- protection, development, management, regeneration, and reforestation of forest
lands x x x

Section 13. System of Land Classification.

- The Department (DENR) Head shall study, devise, determine and prescribe the
criteria, guidelines and methods for the proper and accurate classification and
survey of all lands of the public domain into agricultural, industrial or commercial,
residential, resettlement, mineral, timber or forest, and grazing lands, and into
such other classes as now or may hereafter be provided by law, rules and
regulations.
- Bureau of Lands – administrative jurisdiction over alienable and disposable lands
- Bureau of Fisheries and Aquatic Resources – mangroves and other swamps
Section 6. Retention Limits.
—in no case shall retention by the landowner exceed five (5) hectares;
three (3) hectares may be awarded to each child of the landowner
- Q ualifications of child of landowner:
(1)that he is at least fifteen (15) years of age; and
(2)that he is actually tilling the land or directly managing the farm

"SEC. 6-A. Exception to Retention Limits.

- to be used for actual, direct and exclusive public purposes

Section 23. Distribution Limit.

— No qualified beneficiary may own more than three (3) hectares of
agricultural land.
SEC. 4.Scope.
- all public and private agricultural lands … , including other lands of the
public domain suitable for agriculture
- landholdings of landowners with a total area of five (5) hectares and
below shall not be covered for acquisition and distribution to qualified
beneficiaries.

More specifically, the following lands are covered by the CARP:

(a) All alienable and disposable lands of the public domain devoted to or
suitable for agriculture. x x x
(b) All lands of the public domain in excess of the specific limits as
determined by Congress in the preceding paragraph;
(c) All other lands owned by the Government devoted to or suitable for
agriculture; and
(d) All private lands devoted to or suitable for agriculture regardless of the
agricultural products raised or that can be raised thereon.
Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers
who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to
lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands,
such as production or profit-sharing, labor administration, and the distribution of shares of stocks, which will allow
beneficiaries to receive a just share of the fruits of the lands they work.

Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the soil, planting of crops, growing of
fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm products, and other farm activities
and practices performed by a farmer in conjunction with such farming operations done by person whether natural or
juridical.

Agricultural Land refers to land devoted to agricultural activity as defined in this Act and not classified as mineral, forest,
residential, commercial or industrial land.

Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or
otherwise, over lands devoted to agriculture, including disputes concerning farmworkers' associations or representation
of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial
arrangements. x x x

Idle or Abandoned Land refers to any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to
any specific economic purpose continuously for a period of three (3) years immediately prior to the receipt of notice of
acquisition by the government as provided under this Act, but does not include land that has become permanently or
regularly devoted to non-agricultural purposes.t does not include land which has become unproductive by reason of
force majeure or any other fortuitous event, provided that prior to such event, such land was previously used for
agricultural or other economic purpose.

Farmer refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops, either
by himself, or primarily with the assistance of his immediate farm household, whether the land is owned by him, or by
another person under a leasehold or share tenancy agreement or arrangement with the owner thereof.
Section 22. Qualified Beneficiaries. — The lands covered
by the CARP shall be distributed as much as possible
to landless residents of the same barangay, or in the
absence thereof, landless residents of the same
municipality in the following order of priority:
(a) agricultural lessees and share tenants;
(b) regular farmworkers;
(c) seasonal farmworkers;
(d) other farmworkers;
(e) actual tillers or occupants of public lands;
(f) collectives or cooperatives of the above beneficiaries;
and
(g) others directly working on the land. x x x
SEC. 4. Coverage.
–all lands in urban and urbanizable areas, including existing areas for priority
development, zonal improvement sites, slum improvement and resettlement sites,
and in other areas that may be identified by the local government units as suitable
for socialized housing.

SEC. 5. Exemptions (from the coverage of this Act).

(a) Those included in the coverage of Republic Act No. 6657, otherwise known as the
Comprehensive Agrarian Reform Law;
(b) Those actually used for national defense and security of the State;
(c) Those used, reserved or otherwise set aside for government offices, facilities and
other installations x x x
(d) Those used or set aside for parks, reserves for flora and fauna, forests and
watersheds, and other areas necessary to maintain ecological balance or
environmental protection
(e) Those actually and primarily used for religious, charitable, or educational purposes,
cultural and historical sites, hospitals and health centers, and cemeteries or
memorial parks.

The exemptions herein provided shall not apply when the use or purpose of the
abovementioned lands has ceased to exist.
Blighted lands
- areas where the structures are dilapidated, obsolete and unsanitary, tending to depreciate the value of the land and
prevent normal development and use of the area

Idle lands
- nonagricultural lands urban and urbanized areas on which no improvements, as herein defined, have been made
by the owner, as certified by the city, municipal or provincial assessor

Land assembly or consolidation

- the acquisition of lots of varying ownership through purchase or expropriation for the purpose of planned and
rational development and socialized housing programs without individual property boundary restrictions;

Land banking
- acquisition of land at values based on existing use in advance of actual need to promote planned development and
socialized housing programs;

Land swapping
- process of land acquisition by exchanging land for another piece of land of equal value, or for shares of stock in a
government or quasi-government corporation whose book value is of equal value to the land being exchanged, for
the purpose of planned and rational development and provision for socialized housing where land values are
determined based on land classification, market value and assessed value taken from existing tax declarations:
Provided, That more valuable lands owned by private persons may be exchanged with less valuable lands to carry
out the objectives of this Act;

Land use plan

- the rational approach of allocating available land resources as equitably as possible among competing user groups
and for different functions consistent with the development plan of the area and the Program under this Act;
Professional squatters
- individuals or groups who occupy lands without the express consent of the landowner and who
have sufficient income for legitimate housing. The term shall also apply to persons who have
previously been awarded homelots or housing units by the government but who sold, leased or
transferred the same to settle illegally in the same place or in another urban area, and nonbona
fide occupants and intruders of lands reserved for socialized housing. The term shall not apply to
individuals or groups who simply rent land and housing from professional squatters or squatting
syndicates;

Resettlement areas
- areas identified by the appropriate national agency or by the local government unit with respect to
areas within its jurisdiction, which shall be used for the relocation of the underprivileged and
homeless citizens;

Slum Improvement and Resettlement Program or SIR

- the program of the National Housing Authority of upgrading and improving blighted squatter
areas outside of Metro Manila pursuant to existing statutes and pertinent executive issuances;

On-site development
- the process of upgrading and rehabilitation of blighted and slum urban areas with a view of
minimizing displacement of dwellers in said areas, and with provisions for basic services as
provided for in Section 21 hereof;
Socialized housing
- housing programs and projects covering houses and lots or homelots only, or residential condominium
units only undertaken by the government or the private sector for the underprivileged and homeless
citizens which shall include sites and services development, long-term financing, liberalized terms on
interest payments, and such other benefits in accordance with the provisions of this Act;’(amended RA
10884)

Underprivileged and homeless citizens

- beneficiaries of this Act and to individuals or families residing in urban and urbanizable areas whose
income or combined household income falls within the poverty threshold as defined by the National
Economic and Development Authority and who do not own housing facilities. This shall include
those who live in makeshift dwelling units and do not enjoy security of tenure;

Unregistered or abandoned lands

- lands in urban and urbanizable areas which are not registered with the Register of Deeds, or with the
city or municipal assessor’s office concerned, or which are uninhabited by the owner and have not
been developed or devoted for any useful purpose, or appears unutilized for a period of three (3)
consecutive years immediately prior to the issuance and receipt or publication of notice of acquisition
by the government as provided under this Act. It does not include land which has been abandoned by
reason of force majeure or any other fortuitous event: Provided, That prior to such event, such land was
previously used for some useful or economic purpose;
Zonal Improvement Program or ZIP
- program of the National Housing Authority of upgrading and improving blighted squatters areas
within the cities and municipalities of Metro Manila pursuant to existing statutes and pertinent
executive issuances.
SEC. 9. Priorities in the Acquisition of Land (for socialized housing).
(a) Those owned by the government or any of its subdivisions, instrumentalities, or agencies,
including government-owned or -controlled corporations and their subsidiaries;
(b) Alienable lands of the public domain;
(c)Unregistered or abandoned and idle lands;
(d) Those within the declared Areas for Priority Development, Zonal Improvement Program sites,
and Slum Improvement and Resettlement Program sites which have not yet been acquired;
(e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have not yet been
acquired; and
(f) Privately-owned lands.
Where on-site development is found more practicable and advantageous to the beneficiaries, the
priorities mentioned in this section shall not apply. The local government units shall give
budgetary priority to on-site development of government lands.

SEC. 11. Expropriation of Idle Lands.

–Expropriation proceedings shall be instituted if, after the lapse of one (1) year following receipt of
notice of acquisition, the owner fails to introduce improvements … , except in the case of force
majeure and other fortuitous events.
- Exempted:
(1)residential lands owned by small property owners
(2)ownership of which is subject of a pending litigation.
SEC. 16. Eligibility Criteria for Socialized Housing Program Beneficiaries.
(a)Must be a Filipino citizen;
(b)Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act;
(c)Must not own any real property whether in the urban or rural areas; and
(d) Must not be a professional squatter or a member of squatting syndicates.

SEC. 18. Balanced Housing Development.

–developers of proposed subdivision projects shall be required to develop an area for
socialized housing equivalent to at least twenty percent (20%) –15% (by virtue of RA
10884; July 27, 2015) of the total subdivision area or total subdivision project cost, at the
option of the developer, within the same city or municipality, whenever feasible, and in
accordance with the standards set by the Housing and Land Use Regulatory Board and
other existing laws.
The balanced housing development as herein required may also be complied with by the
developers concerned in any of the following manner:
(a) Development of socialized housing in a new settlement;
(b) Slum upgrading or renewal of areas for priority development either through zonal
improvement programs or slum improvement and resettlement programs;
(c) Joint-venture projects with either the local government units or any of the housing
agencies; or
(d) Participation in the community mortgage program.
SEC. 21. Basic Services.
– Socialized housing or resettlement areas shall be provided by the
local government unit or the N ational H ousing A uthority in
cooperation with the private developers and concerned agencies
with the following basic services and facilities:
(a) Potable water;
(b)Power and electricity and an adequate power distribution system;
(c) Sewerage facilities and an efficient and adequate solid waste
disposal system; and
(d) Access to primary roads and transportation facilities.

SEC. 22. Livelihood Component.

– To the extent feasible, socialized housing and resettlement projects
shall be located near areas where employment opportunities are
accessible
SEC. 27. Action Against Professional Squatters and Squatting Syndicates.
– LGUs, PNP, the PCUP, and the PCUP-accredited urban poor organization in the area shall
identify and effectively curtail the nefarious and illegal activities of professional
squatters and squatting syndicates.
- summarily evicted, dwellings or structures demolished, and disqualified to avail of the
benefits of the Program

SEC. 28. Eviction and Demolition.

General Rule: Eviction or demolition as a practice shall be discouraged.
Exception: Eviction or demolition, however, may be allowed under the following situations:
(a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage
dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks,
roads, parks, and playgrounds;
(b) When government infrastructure projects with available funding are about to be
implemented; or
(c)When there is a court order for eviction and demolition.
xxx

SEC. 31. The Community Mortgage Program (CMP)

- mortgage financing program of the National Home Mortgage Finance Corporation which
assists legally organized associations of underprivileged and homeless citizens to
purchase and develop a tract of land under the concept of community ownership
 Section 3. Categories – The following categories of protected areas are hereby established:

a. Strict nature reserve

- an area possessing some outstanding ecosystem, features and/or species of flora and fauna of
national scientific importance maintained to protect nature and maintain processes in an
undisturbed state in order to have ecologically representative examples of the natural
environment available for scientific study, environmental monitoring, education, and for the
maintenance of genetic resources in a dynamic and evolutionary state;

b. Natural park
- a relatively large area not materially altered by human activity where extractive resource uses
are not allowed and maintained to protect outstanding natural and scenic areas of national or
international significance for scientific, educational and recreational use;

c. Natural monument
- a relatively small area focused on protection of small features to protect or preserve nationally
significant natural features on account of their special interest or unique characteristics;

d. Wildlife sanctuary
- comprises an area which assures the natural conditions necessary to protect nationally significant
species, groups of species, biotic communities or physical features of the environment where
these may require specific human manipulations for their perpetuation.
e. Protected landscapes and seascapes
- areas of national significance which are characterized by the harmonious interaction
of man and land while providing opportunities for public enjoyment through the
recreation and tourism within the normal lifestyle and economic activity of these
areas;

f. Resource reserve
- an extensive and relatively isolated and uninhabited area normally with difficult
access designated as such to protect natural resources of the area for future use and
prevent or contain development activities that could affect the resource pending
the establishment of objectives which are based upon appropriate knowledge and
planning;

g. Natural biotic areas

- an area set aside to allow the way of life of societies living in harmony with the
environment to adapt to modern technology at their pace;

h. Other categories established by law, conventions or international agreements which

the Philippine Government is a signatory.
National Integrated Protected Areas System (NIPAS)
- 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

Protected Area
- 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

Buffer zones
- identified areas outside the boundaries of and immediately adjacent to designated protected
areas pursuant to Section 8 that need special development control in order to avoid or
minimize harm to the protected area

National park
- a forest reservation essentially of natural wilderness character which has been withdrawn
from settlement, occupancy or any form of exploitation except in conformity with
approved management plan and set aside as such exclusively to conserve the area or
preserve the scenery, the natural and historic objects, wild animals and plants therein
and to provide enjoyment of these features in such areas
Section 7. Disestablishment as Protected Area.
- Procedure: in the opinion of the DENR which shall advise Congress; requires act of Congress
to take effect
- Effect: said area shall revert to the category of public forests unless otherwise classified by
Congress

Section 10. Administration and Management of the System.

– under the control and administration of the DENR
- through the Protected Areas and Wildlife Division (under the supervision of the Regional
Technical Director)

Section 11. Protected Area Management Board.

– Composition:
(1)The Regional Executive Director under whose jurisdiction the protected area is located;
(2)one representative from the autonomous regional government, if applicable;
(3)the Provincial Development Officer;
(4)one representative from the municipal government;
(5)one representative from each barangay covering the protected area;
(6)one representative from each tribal community, if applicable; and,
(7) at least three representatives from non-government organizations/local community
organizations, and if necessary,
(8) one representative from other departments or national government agencies involved in
protected area management. x x x
Section 12. Environmental Impact Assessment.
– Required for proposals for activities outside the scope of the management plan for
protected areas
- Actual implementation of such activities requires an Environmental Compliance
Certificate (ECC)

Section 13. Ancestral Lands and Rights Over Them.

– Ancestral lands and customary rights and interest arising shall be accorded due
recognition.
- DENR shall have no power to evict indigenous communities from their present
occupancy nor resettle them to another area without their consent

Section 14. Survey for Energy Resources.

General Rule: Protected areas may be subjected to exploration.
Exception: strict nature reserves and natural parks
Requisites:
(1) for the purpose of gathering information on energy resources
(2)if carried out with the least damage to surrounding areas
(3)in accordance with a program approved by the DENR
(4)through a law passed by Congress.
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.
Special Economic Zones (SEZ) or ECOZONES
– selected areas with highly developed or which have the potential to be developed into agro-
industrial, Industrial tourist/recreational, commercial, banking, investment and financial centers.
An EC OZO NE may contain any or all of the following: Industrial Estates (IEs), Export Processing
Zones (EPZs), Free Trade Zones, and Tourist/Recreational Centers.

Industrial Estate (IE)

– a tract of land subdivided and developed according to a comprehensive plan under a unified
continuous management and with provisions for basic infrastructure and utilities, with or
without pre-built standard factory buildings and community facilities for the use of the
community of industries.

Export Processing Zone (EPZ)

– a specialized industrial estate located physically and/or administratively outside customs
territory, predominantly oriented to export production. Enterprises located in export
processing zones are allowed to import capital equipment and raw materials free from duties,
taxes and other import restrictions.

Free Trade Zone

- an isolated policed area adjacent to a port of entry (as a seaport) and/or airport where imported
goods may be unloaded for immediate transshipment or stored, repacked, sorted, mixed, or
otherwise manipulated without being subject to import duties. However, movement of these
imported goods from the free-trade area to a non-free-trade area in the country shall be subject
to import duties. x x x
SEC. 6. Criteria for the Establishment of Other ECOZONES.
– proclamation by the President of the Philippines
- upon the evaluation and recommendation of the PEZA
- based on a detailed feasibility and engineering study which must conform to the following criteria:

(a) The proposed area must be identified as a regional growth center in the Medium-Term Philippine
Development Plan or by the Regional Development Council;
(b) The existence of required infrastructure in the proposed ECOZONE, such as roads, railways,
telephones, ports, airports, etc., and the suitability and capacity of the proposed site to absorb
such improvements;
(c) The availability of water source and electric power supply for use of the ECOZONE;
(d) The extent of vacant lands available for industrial and commercial development and future
expansion of the E C OZO N E as well as of lands adjacent to the E C OZO N E available for
development of residential areas for the E C OZO N E workers;
(e) The availability of skilled, semi-skilled and non-skilled trainable labor force in and around
the ECOZONE;
(f) The area must have a significant incremental advantage over the existing economic zones and
its potential profitability can be established;
(g) The area must be strategically located; and
(h) The area must be situated where controls can easily be established to curtail smuggling activities.

Other areas which do not meet the foregoing criteria may be established as ECOZONES
- Through L G U or private sector initiative under BOT Law (RA 6957)
- The area can be easily secured to curtail smuggling activities
The ECOZON E shall be managed and operated by the PEZA as
separate customs territory. (Section 8)

Immigration (Section 10)

– Permanent Resident Status to investor within the ECOZON E
whose initial investment shall not be less than $150,000.00,
his/her spouse and dependent children under twenty-one
(21) years of age shall be granted permanent resident status
within the ECOZONE.
- working visas renewable every two (2)years to foreign
executives and other aliens, processing highly-technical
skills which no Filipino within the E COZO N E possesses, as
certified by the Department of Labor and Employment.
SEC. 24. Exemption from National and Local Taxes.
- 5% on gross income (except for real property taxes on land owned
by developers) shall be paid and remitted as follows:
a. Three percent (3%) to the National Government;
b.Two percent (2%) which shall be directly remitted by the
business establishments to the treasurer’s office of the
municipality or city where the enterprise is located.

SEC. 29. Eminent Domain.

– Government shall have the power to acquire, either by purchase,
negotiation or condemnation proceedings, any private lands
within or adjacent to the E C OZ O N E for:
a. Consolidation of lands for zone development purposes;
b. Acquisition of right of way to the ECOZONE; and
c.The protection of watershed areas and natural assets valuable to
the prosperity of the ECOZONE.
SEC. 30. Leases of Lands and Buildings.
– may be leased to foreign investors for a period not exceeding
50 years renewable once for a period of not more than 25
years

SEC. 40. Percentage of Foreign Nationals.

- supervisory, technical or advisory capacity - shall not exceed
five percent (5%) of its workforce without the express
authorization of the Secretary of Labor and Employment.

SEC. 11. The Philippine Economic Zone Authority (PEZA).

–a body corporate attached to the Department of Trade and
Industry.
- Director General with the rank of department undersecretary;
appointed by the President
Network of Protected Areas for Agricultural and Agro-industrial
Development (NPAAAD)
- Covers:
- all irrigated areas, all irrigable lands already covered by irrigation projects with firm
funding commitments
- all alluvial plain land highly suitable for agriculture whether irrigated or not
- agro-industrial crop lands or lands presently planted to industrial crops that support
the viability of existing agricultural infrastructure and agro-based enterprises,
highlands, areas located at an elevation of five hundred (500) meters or above and
have the potential for growing semi temperate and high-value crops
- all agricultural lands that are ecological fragile, the conversion of which will result in
serious environmental degradation, and mangrove areas and fish sanctuaries

- agricultural areas identified by the Department through the Bureau of

Soils and Water Management in coordination with the National Mapping
and Resources Information Authority

- to ensure the efficient utilization of land for agriculture and agro-

industrial development and promote sustainable growth.
Section 6. Network of Areas for Agricultural and Agro-Industrial Development. – x x x

The SAFDZ which shall serve as centers where development in the agriculture and fisheries sectors
are catalyzed in an environmentally and socio-cultural sound manner, shall be identified on
the basis of the following criteria:

a. Agro-climatic and environmental conditions giving the area as competitive advantage in the
cultivation, culture, production and processing of particular crops, animals and aquatic
products;

b. Strategic location of the area for the establishment of agriculture or fisheries

infrastructure, industrial complexness, production and processing zones;

c. Strategic location and of the area for market development and market networking both
at the local and international levels; and

d. Dominant presence of agrarian reform communities (ARCs) and/or small owner-

cultivators and amortizing owners/agrarian reform beneficiaries and other small farmers
and fisher folk in the area.

The SAFDZ shall have an integrated development plan consisting of production, processing,
investment, marketing, human resources and environmental protection components.
Section 9. Delineation of Strategic Agriculture and Fisheries Development
Zones. – x x x

No conversion within 5 years from effectivity of AFMA:

- All irrigated lands, irrigable lands already covered by irrigation a projects
with firm funding commitments,
- Lands with existing or having the potential for growing high-value crops
so delineated and included within the SAFDZ

Conversion Rules:
1. Not more than five percent (5%) of the said lands located within the SAFDZ
may be converted.
2. Conversion may be allowed, if at all, on a case-to-case basis subject to
existing laws, rules, regulations, executive orders and issuances, and
administrative orders governing land use conversion.
3. Land owners will pay the Department the amount equivalent to the
government's investment cost including inflation.
Section 2. Declaration of Policy.

The state shall empower the agricultural and fisheries

sector to develop and sustain themselves. Toward this
end, the State shall unsure the development of the
agriculture and fisheries sectors in accordance with the
following principles:
a) Poverty Alleviation and Social Equity
b) Food Security
c) Rational Use of Resources
d) Global Competitiveness
e) Sustainable Development
f) People Empowerment
g) Protection from Unfair Competition.
Agrarian Reform Community - a barangay at the minimum or a cluster of contiguous barangays where there is a
critical mass of farmers or farm workers and which features the main thrust of agrarian development land
tenure improvement and effective delivery of support services.

Agricultural Lands - lands devoted to or suitable for the cultivation of the soil, planting of crops, growing of trees,
raising of livestock, poultry, fish or aquiculture production, including the harvesting of such farm products,
and other farm activities and practices performed in conjunction with such farming operations by persons
whether natural or juridical and not classified by the law as mineral land, forest land, residential land,
commercial land, or industrial land.

Agricultural Land Use Conversion - the process of changing the use of agricultural land to non-agricultural uses.

Agricultural Mechanization - the development, adoption, manufacture and application of appropriate location-
specific, and cost-effective agricultural technology using human, animal, mechanical, electrical and other non-
conventional sources of energy for agricultural production and post-harvest operations consistent with
agronomic conditions and for efficient and economic farm management.

Agriculture and Fisheries Modernization - the process of transforming the agriculture and fisheries sectors into one
that is dynamic, technologically advanced and competitive yet centered on human development guided by the
sound practices of sustainability and the principles of social justice.

Cooperatives - duly registered associations of persons with a common bond of interest who have voluntarily joined
together to achieve a lawful common social and economic end, making equitable contributions to the capital
required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally
accepted cooperatives principles.
(Section 4. Definition of Terms)
Land Use - the manner of utilizing the land, including its allocation, development and management.

Land Use Plan - a document embodying a set of policies accompanied by maps and similar
illustrations which represent the community-deserved pattern of population distribution and a
proposal for the future allocation of land to the various land-using activities, in accordance
with the social and economic objectives of the people. It identifies the location, character and
extent of the area's land resources to be used for different purposes and includes the process
and the criteria employed in the determination of the land use.

Land Use Planning - the act of defining the allocation, utilization, development and management of
all lands within a given territory or jurisdiction according to the inherent qualities of the land
itself and supportive of sustainable, economic, demographic, socio-cultural and environmental
objectives as an aid to decision-making and legislation.

Premature Conversion of Agricultural Land -the undertaking of any development activity, the
results of which modify or alter the physical characteristics of the agricultural lands to render
them suitable for non-agricultural purposes, without an approved order of conversion from the
DAR.

Zoning Ordinance - a local legislation approving the development land use plan and providing for
the regulations and other conditions on the uses of land including the limitation of the
infrastructure that may be placed within the territorial jurisdiction of a city or municipality.
Rural Industrialization - the process by which the economy is transformed from one that is
predominantly agricultural to one that is dominantly industrial and service-oriented.
Agriculture provides the impetus and push for industry and services through the market that
it creates, the labor that it absorbs, and the income that it generates which is channeled to
industry and services. As development continues, with agriculture still an important sector,
industry and services begin to generate income and markets and concomitantly increase their
share of total income.

Strategic Agriculture and Fisheries Development Zones (SAFDZ) - the areas within the NA PA A D
identified for production, agro-Processing and marketing activities to help develop and
modernize, either the support of government, the agriculture and fisheries sectors in an
environmentally and socio-cultural sound manner.

Small and Medium Enterprise (SME) - any business activity or enterprise engaged in industry,
agribusiness and/or services, whether single proprietorship, cooperative, partnership or
corporation whose total assets, inclusive of those arising from loans but exclusive of the land
on which the particular business entity's office, plan and equipment are situated, must have
value falling under the following categories:
Micro - not more than P 1,500,000
Small - P 1,500,001 to P 15,000,000
Medium - P15,000,001 to P 60,000,000
The Department, in consultation with the Congressional Oversight Committee on Agricultural
and Fisheries Modernization, may adjust the above values as deemed necessary.
 Section 11. Penalty for Agricultural Inactivity and Premature
Conversion.

Any person or juridical entity knowingly or deliberately causes any

irrigated agricultural lands seven (7) hectares or larger… to lie idle
and unproductive
◾ for a period exceeding one (1) year - subject to an idle land tax and
required to make the lands agriculturally productive
◾ For a period exceeding two (2) years, - subject to escheat proceedings

Penalties:
1. Imprisonment
2. Fine
3. Consolation or withdrawal of the authorization for land use
conversion
4. Backlisting, or automatic disapproval of pending and subsequent
conversion applications that they may file with the DAR.
Section 13. Agriculture and Fisheries Modernization Plan (AFMP). - x x x

The Agriculture and Fisheries M odernization Plan shall focus on five (5)
major concerns:
a. Food security

b. Poverty alleviation and social equity

c. Income enhancement and profitability, especially for farmers and

fisher folk

d. Global competitiveness

e. Sustainability
Departmentof Agriculture
- Identification of the SAFDZ within the N PA A A D x x x (Section 6)
- mapping of network of areas for agricultural and agro-industrial development for all municipalities, cities
and an appropriate scale through the Bureau of Soils and Water Management (BSWM), in coordination
with the National Mapping and Resource Information Authority (NAMRIA) and the Housing and Land
Use Regulatory Board (HLURB) (Section 8)
- establishment and delineation based on sound resource accounting of the SAFDZ in consultation with the
Department of Agrarian Reform, the Department of Trade and Industry, the Department of Environment
and Natural Resources, Department of Science and Technology, the concerned LGUs, the organized
farmers and fisher folk groups, the private sector and communities (Section 9)

Departmentof Public Works and Highways

- infrastructure support aspect of the plan order to accomplish networking of related infrastructure facilities

Departmentof Interior and Local Government

- mobilizing resources under the control of local government units

Bureau of Agriculture and Fisheries Product Standards. (Sections 61-63)

- set and implement standards for fresh, primary-and -secondary-processed agricultural and fishery
products.
- formulate and enforce standards of quality in the processing, preservation, packaging, labeling,
importation, exportation, distribution, and advertising of agricultural and fisheries products
- conduct research on product standardization, alignment of the local standards with the international
standards;
- conduct regular inspection of processing plants, storage facilities, abattoirs, as well as public and
private markets in order to ensure freshness, safety and quality of products.
 SECTION 59. Tourism Enterprise Zones.
— Any geographic area with the following characteristics may be
designated as a Tourism Enterprise Zone:

a) The area is capable of being defined into one contiguous territory;

b) It has historical and cultural significance, environmental beauty, or
existing or potential integrated leisure facilities within its bounds
or within reasonable distances from it;
c) It has, or it may have, strategic access through transportation
infrastructure, and reasonable connection with utilities
infrastructure systems;
d) It is sufficient in size, such that it may be further utilized for
bringing in new investments in tourism establishments and
services; and
e) It is in a strategic location such as to catalyze the socioeconomic
development of neighboring communities.
TEZ operator - an entity duly incorporated under Batas Pambansa Blg. 68, otherwise
known as The Corporation Code of the Philippines, and other relevant laws, whose
capital may be provided by LGUs and/or private entities, and which shall
administer and supervise each TEZ.

TEZ Administrator - person appointed by the Board of Directors of a TEZ operator

who shall be responsible for implementing the policies, plans and projects of the
TEZ operator.

Greenfield Tourism Zone - a new or pioneer development, as determined by the

TIEZA.

Brownfield Tourism Zone - an area with existing infrastructure or development as

determined by the TIEZA.

Sustainable tourism development - the management of all resources that meets the
needs of tourists and host regions while protecting the opportunities for the future,
in such a way that economic, social and aesthetic needs can be fulfilled while
maintaining cultural integrity, essential ecological processes, biological diversity
and life support systems.
Registered enterprise - an enterprise located within a TEZ that is duly-registered with
the TIEZA.

Tourism enterprises - facilities, services and attractions involved in tourism, such as,
but not limited to: travel and tour services; tourist transport services, whether for
land, sea or air transportation; tour guides; adventure sports services involving
such sports as mountaineering, spelunking, scuba diving and other sports activities
of significant tourism potential; convention organizers; accommodation
establishments, including, but not limited to, hotels, resorts, apartelles, tourist inns,
motels, pension houses and home stay operators; tourism estate management
services, restaurants, shops and department stores, sports and recreational centers,
spas, museums and galleries, theme parks, convention centers and zoos.

Primary tourism enterprises - travel and tour services; land, sea and air transport
services exclusively for tourist use; accommodation establishments; convention
and exhibition organizers; tourism estate management services; and such other
enterprises as may be identified by the Secretary, after due consultation with
concerned sectors.

Secondary tourism enterprises - all other tourism enterprises not covered by the
preceding subsection.
SECTION 29. Intramuros Administration, National Parks Development Committee and
Nayong Pilipino Foundation.
— continue to be attached to the Department and operate under their respective charters
- may be authorized to operate TEZs, under the supervision of the TIEZA

SECTION 32. Rationalization of Tourism Areas, Zones and Spots.

— Any other area specifically defined as a tourism area, zone or spot under any special or
general law, decree or presidential issuance shall, as far as practicable, be organized into
a TEZ under the provisions of this Act. x x x
- Supervisory powers of the Department over agency, office or L G U in accordance with
the terms of the transfer or the development plan of the zone, area or spot.

SECTION 42. Tourism Officers.

— Every province, city or municipality in which tourism is a significant industry shall have a
permanent position for a tourism officer
- responsible for preparing, implementing and updating local tourism development plans,
and enforcing tourism laws, rules and regulations
- Prior to appointment, every tourism officer must have obtained a relevant bachelor’s degree
and at least five (5) years of substantial involvement in the tourism industry.
 SECTION 86. Fiscal Incentives Available to TEZ Operators and
Registered Enterprises.

a) Income Tax Holiday.

b) Gross Income Taxation
c) 100% exemption on taxes and customs duties on:
• Capital Investment and Equipment
• Transportation and Spare Parts
• Goods and Services
d) Tax credit on locally-sourced goods and services
e) Social Responsibility Incentive
SECTION 87. Non-fiscal Incentives Available to TEZ Operators and
Registered Tourism Enterprises.
a) Employment of Foreign Nationals.
b) Special Investor’s Resident Visa.
c) Foreign Currency Transactions.
 Repatriation of Investments.
 Remittance of Foreign Exchange.
 Foreign Loans and Contracts.
d) Requisition of Investment
e) Lease and Ownership of Land.
Department of Tourism
- Mandate: the primary planning, programming, coordinating,
implementing and regulatory government agency in the
development and promotion of the tourism industry, both
domestic and international, in coordination with attached
agencies and other government instrumentalities. (Section 5)

Tourism Infrastructure and Enterprise Zone Authority

— a body corporate under the supervision of the Secretary and
attached to the Department for purposes of program and
policy coordination (Section 63)
- Mandate: designate, regulate and supervise the TEZs
established under this Act, as well as develop, manage and
supervise tourism infrastructure projects in the country.
(Section 64)
Tourism Promotions Board
- formulate and implement an integrated domestic and international promotions and
marketing program for the Department (Section 45)
- Mandate: responsible for marketing and promoting the Philippines domestically and
internationally as a major global tourism destination, highlighting the uniqueness and
assisting the development of its tourism products and services, with the end in view of
increasing tourist arrivals and tourism investment (Section 46)

Duty Free Philippines Corporation

— previously the Duty Free Philippines; attached to the Department. (Section 89)
- Mandate: operate the duty- and tax-free merchandising system in the Philippines to
augment the service facilities for tourists and to generate foreign exchange and revenue
for the government (Section 90)

Philippine Commission on Sports Scuba Diving

— undertake measures to provide the standard basic dive rules to all levels or kinds of divers,
regulate scuba sports and technical diving in the country and ensure the safety of the
sport through the formulation of policies pursuant thereto, in coordination with the
Office of Tourism Standards and Regulations, including the regulation of the accredited
scuba sports and technical diving establishments. (Section 35)
Presidential Decree No. 856
Code on Sanitation of the Philippines
December 23, 1975

Republic Act No. 8371

The Indigenous Peoples’ Rights Act of 1997
October 29, 1997

Republic Act No. 8550

The Philippine Fisheries C ode of 1998
February 25, 1998

Republic Act No. 9003

Ecological Solid Waste Management Act of 2000
January 26, 2001

Republic Act No. 9147

Wildlife Resources Conservation and Protection Act
July 30, 2001
25-meter radius rule

Washing clothes or bathing within a radius of 25 meters from any well or other source
of drinking water is prohibited.
No artesians, deep or shallow well shall be constructed within 25 meters from any
source of pollution.
No radioactive sources or materials shall be stored within a radius of 25 meters from
any well or source of drinking water … (Section 13)

No grocery or sari-sari store shall be established within a distance of 25 meters from

any source of contamination. … (Section 32)

Septic tanks shall not be constructed under any building and within 25 meters from any
source of water supply. (Section 75)

A burial ground shall at least be 25 meters distant from any dwelling house and no
house shall be constructed within the same distance from any burial ground.
No burial ground shall be located within 50 meters from either side of a river or within
50 meters from any source of water supply. (Section 91)
Where Sanitary Permit is required:
- "food establishment" - an establishment where food or drinks are manufactured, processed,
stored, sold or served…. (Section 14)
- “public laundry” - is a laundry established and operated for commercial purposes, open to
the public, and not to an exclusive clientele (Section 37)
- Industrial establishment (Section 45)
- Public swimming and bathing places (Section 51)
- Camps and picnic grounds open for public patronage (Section 55)
- Massage clinic or sauna bath establishment (Section 60)

Health Certificates (Section 15)

- Employment in any food establishment requires a Health Certificate issued by the local
health authority
- Health Certificate shall be issued only after the required physical and medical examinations
and immunizations.

Dead (Death) Certificate (Section 91)

- Required for burial purposes
- Issuing authorities: (1) attending physician, (2) mayor, (3) secretary of the municipal
board, or (4) councilor of the municipality where the death occurred
- forwarded to the local civil register within 48 hours after death
Section 74. Requirements in the Operation of Sewerage Works and Sewage
Treatment Plants The following are required for sewerage works and
sewage treatment plants.
- Mandatory connection of all houses to the sewerage system
- Effluent shall be carried to the body of water where the outlet is
discharged
- Discharge of water to the respective proper sewerage system without
prejudice to a combined system
- Installation of grease traps for establishments carrying large amounts of
grease

Section 76. Drainage.

- responsibility of all cities and municipalities to provide and maintain in a
sanitary state and in good repair a satisfactory system of drainage in all
inhabited areas
- mandatory connection of all buildings producing waste water.
Section 91. Burial Requirements The burial remains is subject to the following
requirements:
- Bureau of Quarantine – regulations on the shipment of remains
- Graves where remains are buried - at least 1.5 meters deep
- Cost of burial to be borne by nearest kin; if not financially capable, by the city or
municipal government
- If violence or crime is suspected, local authorities shall be notified by person issuing
death certificate; approval of fiscal necessary for burial.
- no unembalmed remains shall remain unburied longer than 48 hours after death; if
death caused by communicable disease, within 12 hours.

Section 92. Disinterment Requirements:

- Permissible periods to disinter (subject to approval by Regional Director for a
shorter time):
- non-dangerous communicable diseases – 3 years after burial
- communicable diseases – 5 years after burial
Department of Health - undertake the promotion and preservation of the health of the
people and raise the health standards of individuals and communities throughout
the Philippines (Section3)

Secretary - promulgate rules and regulations for the proper implementation and
enforcement of the provisions of this Code (Section 4)

Bureau of Directors - responsible for staff activities involving the development of

plans, programs, operating standards and management techniques in their
respective field of assignment (Section 5)

Regional Directors
- administer health functions in their regions, implement policies, standards and
programs involving health services and enforce the provisions of this Code and the
rules and regulations promulgated by the Secretary under this Code. (Section 6)
- act on applications for the establishment of burial grounds and close any burial
ground which is a menace to public health (Section 99)
Provincial/Municipal/City Health Officer (Local Health Authority)
- administer health functions in areas under their jurisdiction and enforce the
provisions of this Code and the rules and regulations promulgated by the Secretary
under this Code. (Section 7)
- cause an inspection and evaluation of every food establishment requiring a permit for
its operations, at least every six months (Section 31)
- administer city or municipal cemeteries; issue permits to inter, disinter or transfer
remains; apply prescribed measures when cause of death is due to a dangerous
communicable disease; keep records of death occurring within his area of jurisdiction;
and authorize the deliver of unclaimed remains to medical schools and scientific
institutions for purposes specified in this Chapter and in accordance with the rules and
regulations of the Department (Section 100)

Local Government
- shall employ an adequate number of personnel to ensure their (markets and abattoirs)
efficient operation and hygienic maintenance under the direct supervision of the
local health authority. (Section 36)
- Reserve appropriate tracts of land under their jurisdiction, for cemeteries subject to
approval of Regional Directors concerned and close cemeteries under their
jurisdiction subject to approval of the Regional Director (Section 101)
SECTION 4. Concept of Ancestral Lands/Domains.
— cover not only the physical environment but the total environment
including the spiritual and cultural bonds to the areas which the
ICCs/IPs possess, occupy and use and to which they have claims
of ownership.

SECTION 5. Indigenous Concept of Ownership.

—ancestral domains and all resources found therein shall serve as the
material bases of their cultural integrity;
- private but community property which belongs to all generations
and therefore cannot be sold, disposed or destroyed
- covers sustainable traditional resource rights
Ancestral Domains — Subject to Section 56 hereof, refer to all areas generally belonging to
ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held
under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through
their ancestors, communally or individually since time immemorial, continuously to the
present except when interrupted by war, force majeure or displacement by force, deceit, stealth
or as a consequence of government projects or any other voluntary dealings entered into by
government and private individuals/corporations, and which are necessary to ensure their
economic, social and cultural welfare. It shall include ancestral lands, forests, pasture,
residential, agricultural, and other lands individually owned whether alienable and disposable
or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and
other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs
but from which they traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;

Ancestral Lands — Subject to Section 56 hereof, refers to land occupied, possessed and utilized by
individuals, families and clans who are members of the ICCs/IPs since time immemorial, by
themselves or through their predecessors-in-interest, under claims of individual or traditional
group ownership, continuously, to the present except when interrupted by war, force majeure
or displacement by force, deceit, stealth, or as a consequence of government projects and other
voluntary dealings entered into by government and private individuals/corporations,
including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden
farms and tree lots;
Indigenous Cultural Communities/Indigenous Peoples — refer to a group of people or
homogenous societies identified by self-ascription and ascription by others, who have
continuously lived as organized community on communally bounded and defined territory,
and who have, under claims of ownership since time immemorial, occupied, possessed and
utilized such territories, sharing common bonds of language, customs, traditions and other
distinctive cultural traits, or who have, through resistance to political, social and cultural
inroads of colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are
regarded as indigenous on account of their descent from the populations which inhabited the
country, at the time of conquest or colonization, or at the time of inroads of non-indigenous
religions and cultures, or the establishment of present state boundaries, who retain some or all
of their own social, economic, cultural and political institutions, but who may have been
displaced from their traditional domains or who may have resettled outside their ancestral
domains;

Free and Prior Informed Consent — as used in this Act shall mean the consensus of all members of
the ICCs/IPs to be determined in accordance with their respective customary laws and
practices, free from any external manipulation, interference and coercion, and obtained after
fully disclosing the intent and scope of the activity, in a language and process understandable
to the community;
Customary Laws — refer to a body of written and/or unwritten rules, usages, customs and
practices traditionally and continually recognized, accepted and observed by respective
ICCs/IPs;

Native Title — refers to pre-conquest rights to lands and domains which, as far back as memory
reaches, have been held under a claim of private ownership by ICCs/IPs, have never been
public lands and are thus indisputably presumed to have been held that way since before the
Spanish Conquest;

Time Immemorial — refers to a period of time when as far back as memory can go, certain
ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a
defined territory devolved to them, by operation of customary law or inherited from their
ancestors, in accordance with their customs and traditions.

Sustainable Traditional Resource Rights — refer to the rights of ICCs/IPs to sustainably use,
manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and other
organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of
economic, ceremonial and aesthetic value in accordance with their indigenous knowledge,
beliefs, systems and practices; and
SECTION 7. Rights to Ancestral Domains.
a) Right of Ownership.
b) Right to Develop Lands and Natural Resources.
c) Right to Stay in the Territories
d) Right in Case of Displacement.
e) Right to Regulate Entry of Migrants.
f) Right to Safe and Clean Air and Water.
g) Right to Claim Parts of Reservations.
h) Right to Resolve Conflict.
SECTION 8. Rights to Ancestral Lands.
a) Right to transfer land/property.
b) Right to Redemption.

SECTION 9. Responsibilities of ICCs/IPs to their

Ancestral Domains.
a) Maintain Ecological Balance.
b) Restore Denuded Areas.
c) Observe Laws.
National Commission on Indigenous Cultural Communities/Indigenous Peoples (NCIP).
— primary government agency responsible for the formulation and implementation of
policies, plans and programs to promote and protect the rights and well-being of the
ICCs/IPs and the recognition of their ancestral domains as well as the rights thereto.
(Section 38)
- Mandate: protect and promote the interest and well-being of the ICCs/IPs with due regard
to their beliefs, customs, traditions and institutions. (Section 39)
- Composition: The NCIP shall be an independent agency under the Office of the President
and shall be composed of seven (7) Commissioners belonging to ICCs/IPs, one (1) of
whom shall be the Chairperson - appointed specifically from each of the following
ethnographic areas: Region I and the Cordilleras; Region II; the rest of Luzon; Island
Groups including Mindoro, Palawan, Romblon, Panay and the rest of the Visayas;
Northern and Western Mindanao; Southern and Eastern Mindanao; and Central
Mindanao: Provided, That at least two (2) of the seven (7) Commissioners shall be
women. (Section 40)

SECTION 51. Delineation and Recognition of Ancestral Domains.

— Self-delineation shall be the guiding principle in the identification and delineation of
ancestral domains. As such, the ICCs/IPs concerned shall have a decisive role in all the
activities pertinent thereto.
- Sworn Statement of the Elders as to the scope of the territories and agreements/pacts made
with neighboring ICCs/IPs, if any, will be essential to the determination of these
traditional territories.
SECTION 55. Communal Rights.
— Presumption: communally held but N OT co-ownership

SECTION 59. Certification Precondition.

— Required for production-sharing agreement:
(1) prior certification from the NCIP that the area affected does not overlap with any
ancestral domain.
(2) free and prior informed and written consent of ICCs/IPs concerned

SECTION 78. Special Provision. — The City of Baguio shall remain to be governed by
its Charter and all lands proclaimed as part of its townsite reservation shall remain
as such until otherwise reclassified by appropriate legislation

Ancestral Domains Office

—identification, delineation and recognition of ancestral lands/domains
- management of ancestral lands/domains in accordance with a master plan as well as
the implementation of the ancestral domain rights of the ICCs/IPs
- issue, upon the free and prior informed consent of the ICCs/IPs concerned,
Municipal waters –
include not only streams, lakes, inland bodies of water and tidal waters within the
municipality which are not included within the protected areas as defined under
Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or
fishery reserves,
but also marine waters included between two (2) lines drawn perpendicular to the general
coastline from points where the boundary lines of the municipality touch the sea at low
tide and a third line parallel with the general coastline including offshore islands and
fifteen (15) kilometers from such coastline.
Where two (2) municipalities are so situated on opposite shores that there is less than thirty
(30) kilometers of marine waters between them, the third line shall be equally distant
from opposite shore of the respective municipalities. [Section 4 (58)]

Philippine waters –
include all bodies of water within the Philippine territory such as lakes, rivers, streams,
creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas and other bodies of water
now existing or which may hereafter exist in the provinces, cities, municipalities, and
barangays and the waters around, between and connecting the islands of the archipelago
regardless of their breadth and dimensions, the territorial sea, the sea beds, the insular
shelves, and all other waters over which the Philippines has sovereignty and jurisdiction
including the 200-nautical miles Exclusive Economic Zone and the continental shelf.
 Application of its Provisions. - The provisions of this Code shall be enforced in:

(a) all Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the country's 200-nautical mile Exclusive
Economic Zone (EEZ) and continental shelf

(b) all aquatic and fishery resources whether inland, coastal or offshore
fishing areas, including but not limited to fishponds, fishpens/cages

(c) all lands devoted to aquaculture, or businesses and activities relating to

fishery, whether private or public lands.

(d) all Philippine flagged fishing vessels operating in areas governed by a

Regional Fisheries Management Organization (RFMO), in the high seas, or in
waters of other coastal states." (RA 10654; February 27, 2015)

(Section 3)
Aquatic Pollution - the introduction by human or machine, directly or indirectly, of substances or energy to the
aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living
aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing
and navigation, including dumping/disposal of waste and other marine litters, discharge of petroleum or residual
products of petroleum or carbonaceous materials/substances, and other, radioactive, noxious or harmful liquid,
gaseous or solid substances, from any water, land or air transport or other human-made structure. Deforestation,
unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use of
artificial fish feed, and wetland conversion, which cause similar hazards and deleterious effects shall also constitute
aquatic pollution.

Coastal Area/Zone - is a band of dry land and adjacent ocean space (water and submerged land. in which terrestrial
processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas
within a landmark limit of one (1. kilometer from the shoreline at high tide to include mangrove swamps, brackish
water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters
isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom areas.

Commercial Fishing - the taking of fishery species by passive or active gear for trade, business & profit beyond
subsistence or sports fishing, to be further classified as:
(1) Small scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons
(GT) up to twenty (20) GT;
(2) Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1 GT up to one hundred
fifty (150) GT; and
(3)Large commercial fishing - fishing utilizing active gears and vessels of more than one hundred fifty (150) GT.

Exclusive Economic Zone (EEZ) - an area beyond and adjacent to the territorial sea which shall not extend beyond
200 nautical miles from the baselines as defined under existing laws.

(Section 4)
Fisheries - refers to all activities relating to the act or business of fishing, culturing, preserving,
processing, marketing, developing, conserving and managing aquatic resources and the fishery
areas, including the privilege to fish or take aquatic resource thereof.

Fishery Refuge and Sanctuaries - a designated area where fishing or other forms of activities which
may damage the ecosystem of the area is prohibited and human access may be restricted.

Fishery Reserve - a designated area where activities are regulated and set aside for educational and
research purposes.

Fishing Gear – refers to any instrument or device and its accessories utilized in taking fish and other
fishery species.
(a) Active Fishing Gear – is a fishing device characterized by the pursuit of the target species
by towing, pushing the gears, surrounding, covering, dredging, and scaring the target
species to impoundments; such as, but not limited to, trawl, purse seines, Danish
seines, paaling and drift gill net.
(b) Passive Fishing Gear – is characterized by the absence of pursuit of the target species; such
as, but not limited to, hook and line, fishpots, traps and gill nets set across the path of the
fish. (RA 10654; February 27, 2015)

(Section 4)
Food Security - refers to any plan, policy or strategy aimed at ensuring adequate supplies of
appropriate food at affordable prices. Food security may be achieved through self-sufficiency
(i.e. ensuring adequate food supplies from domestic production), through self-reliance (i.e.
ensuring adequate food supplies through a combination of domestic production and
importation), or through pure importation.

Foreshore Land - a string of land margining a body of water; the part of a seashore between the low-
water line usually at the seaward margin of a low tide terrace and the upper limit of wave
wash at high tide usually marked by a beach scarp or berm.

Limited Access - a fishery policy by which a system of equitable resource and allocation is
established by law through fishery rights granting and licensing procedure as provided by this
Code.

Maximum Sustainable Yield (MSY) - is the largest average quantity of fish that can be harvested
from a fish stocks/resource within a period of time (e.g. one year. on a sustainable basis under
existing environmental conditions)

Total Allowable Catch (TAC) - the maximum harvest allowed to be taken during a given period of
time from any fishery area, or from any fishery species or group of fishery species, or a
combination of area and species and normally would not exceed the MSY.
Migratory species - refers to any fishery species which in the course of their life could travel from
freshwater to marine water or vice versa, or any marine species which travel over great
distances in waters of the ocean as part of their behavioral adaptation for survival and
speciation:
(a) Anadromous species - marine fishes which migrate to freshwater areas to spawn;
(b) Catadromous species - freshwater fishes which migrate to marine areas to spawn.

Monitoring, control and surveillance -

(a) Monitoring - the requirement of continuously observing: (1) fishing effort which can be
expressed by the number of days or hours of fishing, number of fishing gears and number
of fisherfolk; (2) characteristics of fishery resources; and (3) resource yields (catch);
(b) Control - the regulatory conditions (legal framework) under which the exploitation,
utilization and disposition of the resources may be conducted; and
(c) Surveillance - the degree and types of observations required to maintain compliance with
regulations.lawphi1™ALF

Municipal fishing - refers to fishing within municipal waters using fishing vessels of three (3) gross
tons or less, or fishing not requiring the use of fishing vessels.

(Section 4)
Section 5. Use of Philippine Waters. - The use and exploitation of the fishery and aquatic
resources in Philippine waters shall be reserved exclusively to Filipinos:

Provided, however, That research and survey activities may be allowed under strict
regulations, for purely research, scientific, technological and educational purposes that
would also benefit Filipino citizens.

Section 16. Jurisdiction of Municipal/City Government. - The municipal/city government

shall have jurisdiction over municipal waters as defined in this Code.
- responsible for the management, conservation, development, protection, utilization,
and disposition of all fish and fishery/aquatic resources within their respective
municipal waters.
- enact appropriate ordinances for this purpose and in accordance with the National
Fisheries Policy.
- enforce all fishery laws, rules and regulations as well as valid fishery ordinances
enacted by the municipal/city council.

The management of contiguous fishery resources such as bays which straddle several
municipalities, cities or provinces, shall be done in an integrated manner, and shall not
be based on political subdivisions of municipal waters in order to facilitate their
management as single resource systems.
Section 26. Commercial Fishing Vessel License and Other Licenses. -

- General Rule: License from the Department is needed to operate a commercial fishing vessel,
pearl fishing vessel or fishing vessel for scientific, research or educational purposes, or engage
in any fishery activity, or seek employment as a fishworker or pearl diver without first
securing a license from the Department, the period of which shall be prescribed by the
Department:
- Exception: if scientific, research or educational purposes within Philippine waters pursuant to
an international agreement of which the Philippines is a signatory and which agreement
defines the status, privileges and obligations of said vessel and its crew and the non-Filipino
officials of the international agency under which said vessel operates:
- Licensed large commercial fishing vessels license herein authorized to be granted shall allow
the licensee to operate only in Philippine waters seven (7) or more fathoms deep

Section 27. Persons Eligible for Commercial Fishing Vessel License.

- citizens of the Philippines, partnerships or to associations, cooperatives or corporations duly
registered in the Philippines at least sixty percent (60%) of the capital stock of which is owned
by Filipino citizens.
- License not subject to transfer.
- Commercial fishing vessels must secure Certificates of Philippine Registry
Section 46. Lease of Fishponds. - Fishpond leased to qualified persons and fisherfolk
organizations/cooperatives shall be subject to the following conditions:
(a) no more than 50 hectares for individuals and 250 hectares for corporations or fisherfolk
organizations
(b) period of twenty-five (25) years and renewable for another twenty-five (25) years
(c) Lease rates for fishpond areas shall be determined by the Department
(d)The area leased shall be developed and producing on a commercial scale within three (3)
years from the approval of the lease contract; those not fully producing within five (5)
years shall automatically revert to the public domain for reforestation
(e) not be subleased; otherwise, cancellation of F L A
(f) transfer or assignment must have prior written approval of the Department
(g) reforestation for river banks, bays, streams, and seashore fronting the dike of his fishpond
subject to the rules and regulations to be promulgated thereon
(h) provide facilities that will minimize environmental pollution, i.e., settling ponds,
reservoirs, etc; failure to comply shall mean cancellation of F L A

Section 61. Importation and Exportation of Fishery Products…

A permit from the Department is required for the import and/or export fishery products of
whatever size, stage or form for any purpose
Section 80. Fishing Areas Reserves for Exclusive Use of Government.

- By the Department - Beyond 15 kilometers from shoreline (beyond municipal waters)

- For exclusive use; for propagation, educational, research and scientific purposes

- By recommendation of the LGUs and FARMCs - Portions of municipal waters (within municipal
waters)
- For special or limited use; for educational, research, and/or special management
purposes

Section 81. Fish Refuge and Sanctuaries.

- By the Department - at least twenty-five percent (25%) but not more than forty percent (40%) of bays,
foreshore lands, continental shelf or any fishing ground
- for the cultivation of mangroves to strengthen the habitat and the spawning
grounds of fish
- no commercial fishing allowed

- By the LGU, in consultation with or upon recommendation by the FARMCs – at least 15%of the total
coast areas in each municipality automatically designated as fish sanctuaries, where applicable
Section 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities. -
General Rule: It shall be unlawful for any person to capture or gather or to cause the capture or gathering of fish, fry
or fingerlings of any fishery species or fishery products without license or permit from the Department or
LGU.
Except in cases specified under this Code, it shall also be unlawful for any commercial fishing vessel to fish in
municipal waters.
Prima facie presumption of unauthorized fishing: Discovery of any person in an area where he has no permit or
registration papers for a fishing vessel
Exception: fishing for daily sustenance, leisure not for commercial, occupation or livelihood purposes

Some unauthorized fishing activities (Sections 88-128):

Section 88. Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing.
Section 89. Unreported Fishing.
Section 90. Unregulated Fishing.
Section 91. Poaching in Philippine Waters.
Section 92. Fishing Through Explosives, Noxious or Poisonous Substance, or Electricity.
Section 93. Use of Fine Mesh Net.
Section 94. Fishing in Overexploited Fishery Management Areas.
Section 95. Use of Active Gear in Municipal Waters, Bays and Other Fishery Management Areas.
Section 96. Ban on Coral Exploitation and Exportation.
Section 97. Ban on Muro-ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat.
Section 98. Illegal Use of Superlights or Fishing Light Attractor.
Section 99. Conversion of Mangroves.
Concerned Agencies:

Department of Agriculture – Protected Areas and Wildlife Bureau

Section 6. Fees and Other Fishery Charges… fishery activities beyond the municipal waters: …
Section 7. Access to Fishery Resources. … licenses and permits for the conduct of fishery activities subject to the
limits of the MSY of the resource…
Section 8. Catch Ceiling Limitations. - for a specified period of time and specified area based on the best
available evidence. … (Concurrence / approval of L G U and FARMC)
Section 9. Establishment of Closed Season. - in any or all Philippine waters outside the boundary of municipal
waters and in bays, for conservation and ecological purposes…
(Concurrence / approval of L G U and FARMC)

Local Government Units

Section 6… Provided, further, That the license fees of fishery activity in municipal waters shall
be determined by the Local Government Units (LGUs) in consultation with the FARMCs. The
FARMCs may also recommend the appropriate license fees that will be imposed.

Department of Environment and Natural Resources

Section 13. Environmental Compliance Certificate (ECC). - All Environmental Impact Statements (EIS) shall be
submitted to the Department of Environment and Natural Resources (DENR) for review and evaluation.
No person, natural or juridical, shall undertake any development project without first securing an
Environmental Compliance Certificate (ECC) from the Secretary of the DENR.
Palawan Council for Sustainable Development, Laguna Lake Development Authority
Section 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered fisherfolk
organizations/cooperatives shall have preference in the grant of fishery rights by the Municipal/City
Council pursuant to Section 149 of the Local Government Code: Provided, That in areas where there
are special agencies or offices vested with jurisdiction over municipal waters by virtue of special laws
creating these agencies such as, but not limited to, the Laguna Lake Development Authority and the
Palawan Council for Sustainable Development, said offices and agencies shall continue to grant
permits for proper management and implementation of the aforementioned structures.

Undersecretary for Fisheries and Aquatic Resources.

There is hereby created in the Department of Agriculture the position of Undersecretary for Fisheries
and Aquatic Resources, solely for the purpose of attending to the needs of the fishing industry, to be
appointed by the President… (Section 63)

Reconstitution of the BFAR

The Bureau of Fisheries and Aquatic Resources (BFAR) is hereby reconstituted as a line bureau under
the Department of Agriculture. (Section 64)

Fisheries and Aquatic Resources Management Councils (FARMCs)

- established in the national level and in all municipalities/cities abutting municipal waters as defined
by this Code; must undergo consultation before creation
- formed by fisherfolk organizations/cooperatives and N G O s in the locality and be assisted by the
LGUs and other government entities (Section 69)
Section 3. Definition of Terms

Ecological solid waste management - the systematic administration of activities which provide for
segregation at source, segregated transportation, storage, transfer, processing, treatment, and disposal
of solid waste and all other waste management activities which do not harm the environment

Solid waste management - the discipline associated with the control of generation, storage, collection,
transfer and transport, processing, and disposal of solid wastes in a manner that is in accord with the
best principles of public health, economics, engineering, conservation, aesthetics, and other
environmental considerations, and that is also responsive to public attitudes;

Materials recovery facility - includes a solid waste transfer station or sorting station, drop-off center, a
composting facility, and a recycling facility;

Open dump - a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without
due planning and consideration for environmental and Health standards;

Recycling - the treating of used or waste materials through a process of making them suitable for beneficial
use and for other purposes, and includes any process by which solid waste materials are transformed
into new products in such a manner that the original product may lose their identity, and which
maybe used as raw materials for the production of other goods or services: Provided, That the
collection, segregation and re-use of previously used packaging material shall be deemed recycling
under this Act;

Sanitary landfill - a waste disposal site designed, constructed, operated and maintained in a manner that
exerts engineering control over significant potential environment impacts arising from the
development and operation of the facility;
Municipal waste - wastes produced from activities within local government units which include a
combination of domestic, commercial, institutional and industrial wastes and street litters;

Solid waste - all discarded household, commercial waste, non-hazardous institutional and
industrial waste, street sweepings, construction debris, agricultural waste, and other non-
hazardous/non-toxic solid waste.

Unless specifically noted otherwise, the term "solid waste" as used in this Act shall not include:

(1) Waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form which
may cause or contribute to an increase in mortality or in serious or incapacitating reversible illness, or
acute/chronic effect on the health of persons and other organisms;

(2) Infectious waste from hospitals such as equipment, instruments, utensils, and fomites of a disposable
nature from patients who are suspected to have or have been diagnosed as having communicable diseases
and must therefore be isolated as required by public health agencies, laboratory wastes such as
pathological specimens (i.e. all tissues, specimens of blood elements, excreta, and secretions obtained from
patients or laboratory animals) and disposable fomites that may harbor or transmit pathogenic organisms,
and surgical operating room pathologicmaterials from outpatient areas and emergency rooms; and

(3)Waste resulting from mining activities, including contaminated soil and debris.
Hazardous waste - solid waste or combination of solid waste which because of its
quantity, concentration or physical, chemical or infectious characteristics may:

(1) cause, or significantly contribute to an increase in mortality or an increase in serious

irreversible, or incapacitating reversible, illness; or

(2) pose a substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or otherwise managed;

Leachate - liquid produced when waste undergo decomposition, and when water
percolate through solid waste undergoing decomposition. It is contaminated liquid
that contains dissolved and suspended materials;

Special wastes - household hazardous wastes such as paints, thinners, household

batteries, lead-acid batteries, spray canisters and the like. These include wastes
from residential and commercial sources that comprise of bulky wastes, consumer
electronics, white goods, yard wastes that are collected separately, batteries, oil,
and tires. These wastes are usually handled separately from other residential and
commercial wastes;
Section 16. Local Government Solid Waste Management Plans
- 10-year solid waste management plans consistent with the national solid waste management
framework

Section 17. The Components of the Local Government Solid Waste Management Plan
◾ City or municipal profile - Solid waste facility capacity and final disposal
◾ Waste characterization - Education and public information
◾ Collection and transfer - Special waste
◾ Processing - Resource requirement and funding
◾ Source reduction - Privatization of solid waste management projects
◾ Recycling - Incentive programs
◾ Composting

Open dump sites shall not be allowed as final disposal sites. If an open dump site is
existing within the city or municipality, the plan shall make provisions for its
closure or eventual phase out …

As an alternative, sanitary landfill sites shall be developed and operated as a final

disposal site for solid and, eventually, residual wastes of a municipality or city or a
cluster of municipality and/or cities.
Section 21. Mandatory Segregation of Solid Wastes
- segregation of wastes shall primarily be conducted at the source, to include
household, institutional, industrial, commercial and agricultural sources

Section 32. Establishment of LGU Materials Recovery Facility.

- There shall be established a Materials Recovery Facility (MRF) in every barangay
or cluster of barangays.
- The MRF shall receive mixed waste for final sorting, segregation, composting, and
recycling. The resulting residual wastes shall be transferred to a long term storage
or disposal facility or sanitary landfill.

Section 37. Prohibition Against the Use of Open Dumps for Solid Waste
- No open dumps shall be established and operated, nor any practice or disposal of
solid waste by any person, including LGUs, which constitutes the use of open
dumps for solid wastes
- Every L G U shall convert its open dumps into controlled dumps
- No controlled dumps shall be allowed five (5) years following the effectivity of this
Act.
Section 40. Criteria for Siting a Sanitary Landfill
- The following shall be the minimum criteria for the siting of sanitary landfills:

(a) consistent with the overall land use plan of the LGU;
(b) accessible from major roadways or thoroughfares;
(c) have an adequate quantity of earth cover material that is easily handled and
compacted;
(d) chosen with regard for the sensitivities of the community's residents;
(e) located in an area where the landfill's operation will not detrimentally affect
environmentally sensitive resources such as aquifer, groundwater reservoir or
watershed area;
(f) large enough to accommodate the community's wastes for a period of five (5) years
during which people must internalize the value of environmentally sound and
sustainable solid waste disposal;
(g) should facilitate developing a landfill that will satisfy budgetary constraints,
including site development, operation for many years, closure, post-closure care and
possible remediation costs;
(h)Operating plans must include provisions for coordinating with recycling and
resource recovery projects; and
(i) Designation of a separate containment area for household hazardous wastes.
Some Prohibited Acts: (Section 48)
▣ Littering, throwing, dumping of waste matters in public places
▣ The open burning of solid waste
▣ Causing or permitting the collection of non-segregated or unsorted wastes
▣ Squatting in open dumps and landfills
▣ Open dumping, burying of biodegradable or non-biodegradable materials in flood
prone areas
▣ Unauthorized removal of recyclable material intended for collection by
authorized persons
▣ The mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal
▣ The manufacture, distribution or use of non-environmentally acceptable
packaging materials
▣ Importation of consumer products packaged in non-environmentally acceptable
materials
▣ The construction of any establishment within two hundred (200) meters from open
dumps or controlled dumps, or sanitary landfill
National Solid Waste Management Commission (Sections 4-5)
- under the Office of the President.
- composed of fourteen (14) members from the government sector and three members from the
private sector.
- shall oversee the implementation of solid waste management plans and prescribe policies to
achieve the objectives of this Act
- prepare the national solid waste management framework
- approve local solid waste management plans in accordance with its rules and regulations;
- review and monitor the implementation of local solid waste management plans;…

Department of Environment and Natural Resources (Section 8)

- Chair the Commission created pursuant to this Act
- Prepare an annual National Solid Waste Management Status Report

Local Government Units (Section 10)

- shall be primarily responsible for the implementation and enforcement of the provisions of this
Act within their respective jurisdictions
- segregation and collection of solid waste shall be conducted at the barangay level specifically
for biodegradable, compostable and reusable wastes
- the collection of non-recyclable materials and special wastes shall be the responsibility of the
municipality or city.
Section 3. Scope of Application.
all wildlife species found in all areas of the country, including protected areas under
Republic Act No. 7586, otherwise known as the National Integrated Protected Areas
System (NIPAS) Act, and critical habitats
- exotic species which are subject to trade, are cultured, maintained and/or bred in captivity
or propagated in the country

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;

Indigenous wildlife - species or subspecies of wildlife naturally occurring or has naturally

established population in the country;

Bioprospecting - the research, collection and utilization of biological and genetic resources
for purposes of applying the knowledge derived therefrom solely for commercial
purposes;

Habitat - place or environment where species or subspecies naturally occur or has naturally
established its population;

Conservation - preservation and sustainable utilization of wildlife, and/or maintenance,

restoration and enhancement of the habitat;
Endemic species - species or subspecies which is naturally occurring and found only within specific
areas in the country;

Exotic species - species or subspecies which do not naturally occur in the country;

Economically important species - species or subspecies which have actual or potential value in
trade or utilization for commercial purpose;

Threatened species - species or subspecies considered as critically endangered, endangered,

vulnerable or other accepted categories of wildlife whose population is at risk of extinction;

Critically endangered species - a species or subspecies that is facing extremely high risk of extinction
in the wild in the immediate future;

Endangered species - species or subspecies that is not critically endangered but whose survival in the
wild is unlikely if the causal factors continue operating;

Vulnerable species - species or subspecies that is not critically endangered nor endangered but is
under threat from adverse factors throughout their range and is likely to move to the
endangered category in the near future;
Section 8. Possession of Wildlife.
- Requirements: financial and technical capability and facility to
maintain said wildlife

Section 13. Introduction of Exotic Wildlife.

- Requirements: a clearance from the Secretary or the authorized
representative
- Not to be introduced into RA 7586 protected areas and critical
habitats under Section 25 hereof.
- subject to environmental impact study and prior informed consent
of local stakeholders

Section 14. Bioprospecting.

- Requirements: permit from the Secretary and prior informed consent
of stakeholders
Section 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for any
person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the
following acts;
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural
communities;
(ii)when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and
(v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
(b)inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging;and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e)trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
(i) transporting of wildlife.
Section 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of
Agriculture.
- DENR - all terrestrial plant and animal species, all turtles and tortoises and wetland species,
including but not limited to crocodiles, waterbirds and all amphibians and dugong
- DA - all declared aquatic critical habitats, all aquatic resources including but not limited to all
fishes, aquatic plants, invertebrates and all marine mammals, except dugong.

Section 19. Designation of Management and Scientific Authorities for International Trade in Endangered
Species of Wild Fauna and Flora.
PAWB or Biodiversity Management Bureau of the DENR; Ecosystems Research and Development
Bureau – chair for scientific authorities (terrestrial)
- BFAR of the DA; UP Marine Science Institute – chair for scientific authorities (aquatic)
- Palawan Council for Sustainable Developmentin the Province of Palawan the implementation
hereof is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No.
7611.

Other functions of the DENR Secretary

Section 20. Authority of the Secretary to Issue Permits; Section 25. Establishment of Critical Habitats.

Local Government Units

Section 35. Flagship Species. which shall serve as emblems of conservation for the local government
concerned e.g. Cebu black shama (copsychus cebuensis), tamaraw (bubalus mindorensis),
Philippine tarsier (tarsius syrichta), Philippine teak (tectona philippinensis).