REVIEWER IN STPA
Poverty
LESSON III: ADVANCE NATIONAL
INTERESTS IN A CHANGING GLOBAL
CONTEXT
International Law
- International law, also called public
international law or law of nations, is
the body of legal rules, norms, and
standards that apply between sovereign
states and other entities that are legally
recognized as international actors. The
term was coined by the English
philosopher Jeremy Bentham
(1748–1832).
International Relations
- International Relations is concerned
with relations across boundaries of
nation-states. It addresses international
political economy, global governance,
intercultural relations, national and
ethnic identities, foreign policy analysis,
development studies, environment,
international security, diplomacy,
terrorism, media, social movements and
more. It is a multidisciplinary field that
does not restrict students to one
approach and employs a variety of
methods including discourse analysis,
statistics and comparative and historical
analysis. (San Francisco State
University Department of International
Relations)
Issues in International Law of the Philippines
- In the Philippine context, a much more
diffuse international system and a wider
array of complex issues requiring
sustained attention, including:
1. National Security
2. Economic Growth and Stability
3. Climate Change
4.
5. Lack of Education
6. Drug or Substance Abuse
7. Crime
8. Unemployment
- among others are the major issues that
concern the National interest of our
country. And discussing it into the
mainstream in order to create feasible
solutions is vital for the cause of every
Filipino.
Key National Interests
- The Philippines must develop new ways
to advance its national and global
interests within this changing global
landscape. Key national interests
includes:
1. Keep the country in peace and
order
2. Access to basic necessities in a
reasonable and affordable price
3. Maintaining open international
economic ties.
- In addition, the Philippines must
continue to have a strong interest in
promoting
1. Democracy
2. Protecting human rights
3. Preserving a clean environment
for current and future
generations.
Develop Key Instruments
- To more effectively advance these
interests the country will need to further
develop key instruments including:
1. Development
2. Diplomatic
3. Economic
4. Military
5. Intelligence
6. Homeland Security
7. International Institutions

Key Roles of Public Agencies and
Administrators
- The federal government has whole
departments and agencies dedicated to
managing key components of the
nation’s foreign affairs. With most
issues today having global attributes,
many seemingly purely domestic issues
such as diseases and environmental
pollution are not constrained by national
boundaries.
- Accordingly, a wider array of public
departments and agencies now have an
international aspect to their mission.
States, localities, and communities have
direct engagement with other countries
and international entities. And many
university departments of public
administration have expanded their
curriculum to address international
issues and develop global leaders.
LESSON IV: FOSTER SOCIAL EQUITY
Social Equity
- It refers to the fair and just distribution
of resources, opportunities, and benefits
within a society, with a focus on
addressing inequalities and promoting
inclusivity.
Importance of Social Equity
- It is crucial for a just and harmonious
society, as it ensures that all citizens
have equal access to basic necessities,
opportunities and rights.
Social Equity in the Lens of Public
Administration
- Social equity is the fair, just and
equitable management of all institutions
serving the public directly or by
contract, and the fair and equitable
distribution of public services, and
implementation of public policy, and the
commitment to promote fairness,
justice, and equity in the formation of
public policy.
ARTICLE XIII of the 1987 Philippine
Constitution
Social Justice and Human Rights
- Section 1. The Congress shall give
highest priority to the enactment of
measures that protect and enhance the
right of all the people to human dignity,
reduce social, economic, and political
inequalities, and remove cultural
inequities by equitably diffusing wealth
and political power for the common
good.
- To this end, the State shall regulate the
acquisition, ownership, use, and
disposition of property and its
increments.
- Section 2. The promotion of social
justice shall include the commitment to
create economic opportunities based on
freedom of initiative and self-reliance.
Labor
- Section 3. The State shall afford full
protection to labor, local and overseas,
organized and unorganized, and promote
full employment and equality of
employment opportunities for all.
- It shall guarantee the rights of all
workers to self-organization, collective
bargaining and negotiations, and
peaceful concerted activities, including
the right to strike in accordance with
law. They shall be entitled to security of
tenure, humane conditions of work, and
a living wage. They shall also
participate in policy and
decision-making processes affecting
 their rights and benefits as may be
provided by law.
- The State shall promote the principle of
shared responsibility between workers
and employers and the preferential use
of voluntary modes in settling disputes,
including conciliation, and shall enforce
their mutual compliance therewith to
foster industrial peace.
- The State shall regulate the relations
between workers and employers,
recognizing the right of labor to its just
share in the fruits of production and the
right of enterprises to reasonable returns
to investments, and to expansion and
growth.
Agrarian And Natural Resources Reform
- Section 4. The State shall, by law,
undertake an agrarian reform program
founded on the right of farmers and
regular farmworkers who are landless,
to own directly or collectively the lands
they till or, in the case of other
farmworkers, to receive a just share of
the fruits thereof. To this end, the State
shall encourage and undertake the just
distribution of all agricultural lands,
subject to such priorities and reasonable
retention limits as the Congress may
prescribe, taking into account
ecological, developmental, or equity
considerations, and subject to the
payment of just compensation. In
determining retention limits, the State
shall respect the rights of small
landowners. The State shall further
provide incentives for voluntary
land-sharing.
- Section 5. The State shall recognize the
right of farmers, farmworkers, and
landowners, as well as cooperatives, and
other independent farmers’
organizations to participate in the
planning, organization, and management
of the program, and shall provide
support to agriculture through
appropriate technology and research,
and adequate financial, production,
marketing, and other support services.
- Section 6. The State shall apply the
principles of agrarian reform or
stewardship, whenever applicable in
accordance with law, in the disposition
or utilization of other natural resources,
including lands of the public domain
under lease or concession suitable to
agriculture, subject to prior rights,
homestead rights of small settlers, and
the rights of indigenous communities to
their ancestral lands.
- The State may resettle landless farmers
and farmworkers in its own agricultural
estates which shall be distributed to
them in the manner provided by law.
- Section 7. The State shall protect the
rights of subsistence fishermen,
especially of local communities, to the
preferential use of the communal marine
and fishing resources, both inland and
offshore. It shall provide support to such
fishermen through appropriate
technology and research, adequate
financial, production, and marketing
assistance, and other services. The State
shall also protect, develop, and conserve
such resources. The protection shall
extend to offshore fishing grounds of
subsistence fishermen against foreign
intrusion. Fishworkers shall receive a
just share from their labor in the
utilization of marine and fishing
resources.
- Section 8. The State shall provide
incentives to landowners to invest the
proceeds of the agrarian reform program
to promote industrialization,
employment creation, and privatization
 of public sector enterprises. Financial
instruments used as payment for their
lands shall be honored as equity in
enterprises of their choice.
Urban Land Reform and Housing
- Section 9. The State shall, by law, and
for the common good, undertake, in
cooperation with the private sector, a
continuing program of urban land
reform and housing which will make
available at affordable cost, decent
housing and basic services to
underprivileged and homeless citizens in
urban centers and resettlement areas. It
shall also promote adequate
employment opportunities to such
citizens. In the implementation of such a
program the State shall respect the rights
of small property owners.
- Section 10. Urban or rural poor dwellers
shall not be evicted nor their dwelling
demolished, except in accordance with
law and in a just and humane manner.
- No resettlement of urban or rural
dwellers shall be undertaken without
adequate consultation with them and the
communities where they are to be
relocated.
Health
- Section 11. The State shall adopt an
integrated and comprehensive approach
to health development which shall
endeavor to make essential goods,
health and other social services available
to all the people at affordable cost.
There shall be priority for the needs of
the underprivileged, sick, elderly,
disabled, women, and children. The
State shall endeavor to provide free
medical care to paupers.
- Section 12. The State shall establish and
maintain an effective food and drug
regulatory system and undertake
appropriate health, manpower
development, and research, responsive
to the country’s health needs and
problems.
- Section 13. The State shall establish a
special agency for disabled persons for
their rehabilitation, self-development,
and self-reliance, and their integration
into the mainstream of society.
Women
- Section 14. The State shall protect
working women by providing safe and
healthful working conditions, taking into
account their maternal functions, and
such facilities and opportunities that will
enhance their welfare and enable them
to realize their full potential in the
service of the nation.
Role and Rights of People’s Organizations
- Section 15. The State shall respect the
role of independent people’s
organizations to enable the people to
pursue and protect, within the
democratic framework, their legitimate
and collective interests and aspirations
through peaceful and lawful means.
- People’s organizations are bona fide
associations of citizens with
demonstrated capacity to promote the
public interest and with identifiable
leadership, membership, and structure.
- Section 16. The right of the people and
their organizations to effective and
reasonable participation at all levels of
social, political, and economic
decision-making shall not be abridged.
The State shall, by law, facilitate the
establishment of adequate consultation
mechanisms.
Human Rights
- Section 17.
(1) Thereby created an independent
office called the Commission on
Human Rights.
(2) The Commission shall be
composed of a Chairman and
four Members who must be
natural-born citizens of the
Philippines and a majority of
whom shall be members of the
Bar. The term of office and
other qualifications and
disabilities of the Members of
the Commission shall be
provided by law.
(3) Until this Commission is
constituted, the existing
Presidential Committee on
Human Rights shall continue to
exercise its present functions
and powers.
(4) The approved annual
appropriations of the
Commission shall be
automatically and regularly
released.
- Section 18. The Commission on Human
Rights shall have the following powers
and functions:
(1) Investigate, on its own or on
complaint by any party, all
forms of human rights
violations involving civil and
political rights;
(2) Adopt its operational guidelines
and rules of procedure, and cite
for contempt for violations
thereof in accordance with the
Rules of Court;
(3) Provide appropriate legal
measures for the protection of
human rights of all persons
within the Philippines, as well
as Filipinos residing abroad, and
provide for preventive measures
and legal aid services to the
underprivileged whose human
rights have been violated or
need protection;
(4) Exercise visitorial powers over
jails, prisons, or detention
facilities;
(5) Establish a continuing program
of research, education, and
information to enhance respect
for the primacy of human rights;
(6) Recommend to Congress
effective measures to promote
human rights and to provide for
compensation to victims of
violations of human rights, or
their families;
(7) Monitor the Philippine
Government’s compliance with
international treaty obligations
on human rights;
(8) Grant immunity from
prosecution to any person
whose testimony or whose
possession of documents or
other evidence is necessary or
convenient to determine the
truth in any investigation
conducted by it or under its
authority;
(9) Request the assistance of any
department, bureau, office, or
agency in the performance of its
functions;
(10) Appoint its officers and
employees in accordance with
law; and
(11)Perform such other duties and
functions as may be provided by
law.
- Section 19. The Congress may provide
for other cases of violations of human
rights that should fall within the
 authority of the Commission, taking into
account its recommendations.
Universal Declaration of Human Rights
- The 30 rights and freedoms set out in
the UDHR include the right to be free
from torture, the right to freedom of
expression, the right to education and
the right to seek asylum. It includes civil
and political rights, such as the rights to
life, liberty and privacy. It also includes
economic, social and cultural rights,
such as the rights to social security,
health and adequate housing.
(AMNESTY INTERNATIONAL)
UDHR Connection to Social Equity
- The UDHR holds immense significance
globally and also within the Philippines.
- Here are key points to consider:
1. Global Human Rights
Standards: The UDHR serves
as a foundational document that
outlines a comprehensive list of
civil, political, economic, social,
and cultural rights. It sets the
standard for human rights
protection worldwide.
2. Commitment to Human
Dignity: The UDHR
emphasizes the inherent dignity
and worth of all individuals,
promoting the idea that every
person is entitled to a set of
rights and freedoms regardless
of their nationality, ethnicity, or
any other status.
3. Philippine Signatory: The
Philippines is a signatory to the
UDHR, and as such, it has
committed to upholding the
principles outlined in the
declaration.
Incorporation into Philippine Law
- Within the Philippines, the UDHR has
played a pivotal role in shaping the legal
framework and policies, especially in
the context of social equity and human
rights. Here's how it has been
incorporated into Philippine law and
practice:
1. Constitutional Basis: The
principles of the UDHR are
consistent with the 1987
Philippine Constitution. For
instance, the Constitution's
Article II, Section 11, affirms
the country's adherence to the
principles of international law
and international agreements,
including the UDHR
2. Enabling Laws: Specific laws
in the Philippines, such as the
Magna Carta for Women, the
Indigenous Peoples' Rights Act,
and the Expanded Senior
Citizens Act, reflect the
principles of the UDHR by
ensuring the protection of the
rights and welfare of
marginalized and vulnerable
groups.
3. Legal Cases: The UDHR has
been invoked in legal cases in
the Philippines to uphold the
rights of individuals and groups.
Courts have used it as a
reference to interpret the
Constitution and other laws,
emphasizing the importance of
international human rights
standards in domestic
jurisprudence.
Role in Fostering Social Equity
1. Equality and Non-Discrimination: The
UDHR underscores the principle of
 equality and non-discrimination, which
is essential for achieving social equity. It
mandates that all individuals should be
treated with dignity and without
discrimination, ensuring equal access to
opportunities and resources
2. Right to Education: Article 26 of the
UDHR recognizes the right to
education, which is critical for reducing
disparities and promoting social equity.
The Philippines has implemented
programs like K-12 education to
enhance access to quality education
3. Healthcare and Well-being: The
UDHR's emphasis on the right to a
standard of living adequate for health
and well-being is reflected in the
Philippines' efforts to provide universal
healthcare and improve the well-being
of its citizens
4. Protection of Vulnerable Groups: The
UDHR's principles guide the protection
of vulnerable groups such as women,
children, indigenous peoples, and
persons with disabilities, promoting
social equity by ensuring their rights and
well-being are safeguarded
5. Legal Reference: Legal practitioners
and human rights advocates in the
Philippines often cite the UDHR as a
reference in cases related to social
equity. underscoring its importance in
legal advocacy and policy-making.
Philippine Enabling Laws, Policies and
Programs to Promote Social Equity
- Republic Act No. 6657- Comprehensive
Agrarian Reform Law (CARL)
- Republic Act No. 7277- Magna Carta
for Disabled Persons (1992)
- Republic Act No. 8371-Indigenous
Peoples' Rights Act (IPRA)
- Republic Act No. 11310-An act
Institutionalizing the Heritage Filipino
Family Program (4Ps)
LESSON V: CONNECT INDIVIDUALS TO
MEANINGFUL WORK
Presidential Decree No. 442
- A Decree instituting a Labor Code,
thereby revising and consolidating labor
and social laws to afford protection to
labor, promote employment and human
resources development and insure
industrial peace based on social justice.
CHAPTER I: Emancipation of Tenants
- Article 7. Statement of objectives.
Inasmuch as the old concept of land
ownership by a few has spawned valid
and legitimate grievances that gave rise
to violent conflict and social tension and
the redress of such legitimate grievances
being one of the fundamental objectives
of the New Society, it has become
imperative to start reformation with the
emancipation of the tiller of the soil
from his bondage.
- Article 8. Transfer of lands to tenant
workers. Being a vital part of the labor
force, tenant-farmers on private
agricultural lands primarily devoted to
rice and corn under a system of share
crop or lease tenancy whether classified
as landed estate or not shall be deemed
owner of a portion constituting a family
size farm of five hectares if not irrigated
and three hectares if irrigated.
- In all cases, the landowner may retain an
area of not more than seven hectares if
such landowner is cultivating such an
area or will now cultivate it.
- Article 9. Determination of land value.
For the purpose of determining the cost
of the land to be transferred to the m
 tenant-farmer, the value of the land shall
be equivalent to two and one-half times
the average harvest of three normal crop
years immediately preceding the
promulgation of Presidential Decree No.
27 on October 21, 1972.
- The total cost of the land, including
interest at the rate of six percent per
annum, shall be paid by the tenant in
fifteen years of fifteen equal annual
amortizations.
- In case of default, the amortizations due
shall be paid by the farmer's cooperative
of which the defaulting tenant-farmer is
a member, with the cooperative having a
right of recourse against him.
- The government shall guarantee such
amortizations with shares of stock in
government-owned and
government-controlled corporations.
- Article 10. Conditions of ownership. No
title to the land acquired by the
tenant-farmer under Presidential Decree
No. 27 shall be actually issued to him
unless and until he has become a
full-fledged member of a duly
recognized farmers' cooperative.
- Title to the land acquired pursuant to
Presidential Decree No. 27 or the Land
Reform Program of the Government
shall not be transferable except by
hereditary succession or to the
Government in accordance with the
provisions of Presidential Decree No.
27, the Code of Agrarian Reforms and
other existing laws and regulations.
- Article 11. Implementing agency. The
Department of Agrarian Reform shall
promulgate the necessary rules and
regulations to implement the provisions
of this chapter.
BOOK ONE: PRE-EMPLOYMENT
- Article 12. Statement of objectives. It is
the policy of the State:
(a) To promote and maintain a state
of full employment through
improved manpower training,
allocation and utilization;
(b) To protect every citizen desiring
to work locally or overseas by
securing for him the best
possible terms and conditions of
employment;
(c) To facilitate a free choice of
available employment by
persons seeking work in
conformity with the national
interest;
(d) To facilitate and regulate the
movement of workers in
conformity with the national
interest;
(e) To regulate the employment of
aliens, including the
establishment of a registration
and/or work permit system;
(f) To strengthen the network of
public employment offices and
rationalize the participation of
the private sector in the
recruitment and placement of
workers, locally and overseas,
to serve national development
objectives.
(g) To ensure careful selection of
Filipino workers for overseas
employment in order to protect
the good name of the
Philippines abroad.
Title I: Recruitment and Placement of
Workers
CHAPTER 1: GENERAL PROVISIONS
- Article 14. Employment promotion. The
Secretary of Labor and Employment
shall have the power and authority to:
(a) Organize and establish new
employment offices in addition
to the existing employment
offices under the Department of
Labor as the need arises;
(b) Organize and establish a
nationwide job clearance and
information system to inform
applicants registering with a
particular employment office of
job opportunities in other parts
of the country as well as job
opportunities abroad;
(c) Develop and organize programs
that will facilitate occupational,
industrial and geographical
mobility of labor and provide
assistance in the relocation of
workers from one area to
another; and
(d) Require any person,
establishment, organization or
institution to submit such
employment information as may
be prescribed by the Department
of Labor and Employment.
- Article 15. Bureau of Employment
Services.
(a) The Bureau of Employment
Services shall be primarily
responsible for developing and
monitoring a comprehensive
employment program. It shall
have the power and duty:
1. To formulate and
develop plans and
programs to implement
the employment
promotion objectives of
this Title;
2. To establish and
maintain a registration
and/or licensing system
to regulate private
sector participation in
the recruitment and
placement of workers,
locally and overseas,
and to secure the best
possible terms and
conditions of
employment for
Filipino contract
workers and compliance
therewith under such
rules and regulations as
may be issued by the
Department of Labor
and Employment.
3. To formulate and
develop employment
programs designed to
benefit disadvantaged
groups and
communities;
4. To establish and
maintain a registration
and/or work permit
system to regulate the
employment of aliens;
5. To develop a labor
market information
system in aid of proper
manpower and
development planning;
6. To develop a responsive
vocational guidance and
testing system in aid of
proper human resources
allocation; and
7. To maintain a central
registry of skill, except
seamen.
(b) The regional offices of the
Department of Labor shall have
the original and exclusive
jurisdiction over all matters or
cases involving
employer-employee relations
including money claims, arising
out of or by virtue of any law or
contracts involving Filipino
workers for overseas
employment except seamen:
Provided, That the Bureau of
Employment Service may, in the
cases of the National Capital
Region, exercise such power,
whenever the Department of
Labor and Employment deems
it appropriate. The decisions of
the regional offices or the
Bureau of Employment Services
if so authorized by the Secretary
of Labor and Employment as
provided in this Article, shall be
appealable to the National
Labor Relations Commission
upon the same grounds provided
in Article 223 hereof. The
decisions of the National Labor
Relations Commission shall be
final and unappealable.
(c) The Department of Labor and
Employment shall have the
power to impose and collect
fees, based on the rate
recommended by the Bureau of
Employment Services. Such
fees shall be deposited in the
National Treasury as a special
account of the General Fund, for
the promotion of the objectives
of the Bureau of Employment
Services, subject to the
provisions of Section 40 of
Presidential Decree No. 1177.
- Article 16. Private recruitment. Except
as provided in Chapter II of this Title,
no person or entity, other than the public
employment offices and the OEDB for
overseas employment, shall engage in
the recruitment and placement of
workers.
- Article 17. Overseas Employment
Development Board. An Overseas
Employment Development Board is
hereby created to undertake, in
cooperation with relevant entities and
agencies, a systematic program for
overseas employment of Filipino
workers in excess of domestic needs and
to protect their rights to fair and
equitable employment practices. It shall
have the power and duty:
1. To promote and overseas
employment of Filipino workers
through a comprehensive
market promotion and
development program;
2. To secure the best possible
terms and conditions of
employment of Filipino contract
workers on a
government-to-government
basis and to ensure compliance
therewith;
3. To recruit and place workers for
overseas employment on a
government arrangement and in
such other sectors as policy may
dictate; and
4. To act as secretariat for the
Board of Trustees of the Welfare
and Training Fund for Overseas
Workers.
- Article 18. Ban on direct hiring. No
employer may hire a Filipino worker for
overseas employment except through
the Boards and entities authorized by the
Department of Labor and Employment.
 Direct hiring by members of the
diplomatic service, officials and
employees of international organizations
and such other employers as may be
allowed by the Department and Labor
and Employment is exempt from this
provision.
- Article 19. Office of Immigrant Affairs.
(a) Pursuant to the national policy
to maintain close ties with
Filipino migrant communities
and promote their welfare as
well as establish a data bank in
aid of national manpower policy
information, an Office of
Immigrant Affairs is hereby
created in the Department of
Labor and Employment. The
Office shall be a unit at the
Office of the Secretary and shall
initially be manned and
operated by such personnel and
through such fundings as are
available within the Department
and its attached agencies.
Thereafter, its appropriation
shall be made part of the regular
General Appropriation Decree.
(b) The Office shall, among others,
promote the well-being of
emigrants and maintain their
close link to the homeland by:
1. Serving as a liaison
with migrant
communities;
2. Providing welfare and
cultural services;
3. Promoting and
facilitating
re-integration of
migrants into the
national mainstream;
4. Promoting economic,
political and cultural
ties with the
communities; and
5. Undertaking such
activities may be
appropriate to enhance
such cooperative links.
- Article 20. National Seamen Board.
(a) A National Seamen Board is
hereby created which shall
develop and maintain a
comprehensive program for
Filipino seamen employed
overseas. It shall have the power
and duty:
1. To provide free
placement services for
seamen;
2. To regulate and
supervise the activities
of agents or
representatives of
shipping companies in
the hiring of seamen for
overseas employment;
and secure the best
possible terms of
employment for
contract seamen
workers and secure
compliance therewith;
and
3. To maintain a complete
registry of all Filipino
seamen.
(b) The Board shall have original
and exclusive jurisdiction over
all matters or cases including
money claims, involving
employer-employee relations,
arising out of or by virtue of any
law or contracts involving
Filipino seamen for overseas
employment. The decision of
the Board shall be appealable to
 the National Labor Relations
Commission upon the same
grounds provided in Article 223
hereof. The decision of the
National Labor Relations
Commission shall be final and
unappealable.
- Article 21. Foreign service role and
participation. To provide ample
protection to Filipino workers abroad,
the labor attaches, the labor reporting
officers duly designated by the
Department of Labor and Employment
and the Philippine diplomatic or
consular officials concerned, shall, even
without prior instruction or advice from
the home office, exercise the power and
duty:
(a) To provide all Filipino workers
within their jurisdiction
assistance on all matters arising
out of employment;
(b) To ensure that Filipino workers
are not exploited or
discriminated against;
(c) To verify and certify as requisite
to authentication that the terms
and conditions of employment
in contracts involving Filipino
workers are in accordance with
the Labor Code and rules and
regulations of the Overseas
Employment Development
Board and the National Seamen
Board;
(d) To make continuing studies or
research and recommendations
on the various aspects of the
employment market within their
jurisdiction:
(e) To gather and analyze
information on the employment
situation and its probable trends,
and to make such information
available to the Department of
Labor and Employment and the
Department of Foreign Affairs;
and
(f) To perform such other duties as
may be required of them from
time to time.
- Article 22. Mandatory remittance of
foreign exchange earnings. It shall be
mandatory for all Filipino workers
abroad to remit a portion of their foreign
exchange earnings to their families,
dependents, and/or beneficiaries in the
country in accordance with rules and
regulations prescribed by the Secretary
of Labor and Employment.
- Article 23. Composition of the Boards.
(a) The OEDB shall be composed
of the Secretary of Labor and
Employment as Chairman, the
Undersecretary of Labor as
Vice-Chairman, and a
representative each of the
Department of Foreign Affairs,
the Department of National
Defense, the Central Bank, the
Department of Education,
Culture and Sports, the National
Manpower and Youth Council,
the Bureau of Employment
Services, a workers'
organization and an employers'
organization and the Executive
Director of the OEDB as
members.
(b) The National Seamen Board
shall be composed of the
Secretary of Labor and
Employment as Chairman, the
Undersecretary of Labor as
Vice-Chairman, the
Commandant of the Philippine
Coast Guard, and a
representative each of the
 Department of Foreign Affairs,
the Department of Education,
Culture and Sports, the Central
Bank, the Maritime Industry
Authority, the Bureau of
Employment Services, a
national shipping association
and the Executive Director of
the NSB as members. The
members of the Boards shall
receive allowances to be
determined by the Board which
shall not be more than P2,000
per month.
(c) The Boards shall be attached to
the Department of Labor for
policy and program
coordination. They shall each be
assisted by a Secretariat headed
by an Executive Director who
shall be a Filipino citizen with
sufficient experience in
manpower administration,
including overseas employment
activities. The Executive
Director shall be appointed by
the President of the Philippines
upon the recommendation of the
Secretary of Labor and shall
receive an annual salary as fixed
by law. The Secretary of Labor
shall appoint the other members
of the Secretariat.
(d) The Auditor General shall
appoint his representative to the
Boards to audit their respective
accounts in accordance with
auditing laws and pertinent rules
and regulations.
- Article 24. Boards to issue rules and
collect fees. The Boards shall issue
appropriate rules and regulations to
carry out their functions. They shall
have the power to impose and collect
fees from employers concerned, which
shall be deposited to the respective
accounts of said Boards and be used by
them exclusively to promote their
objectives.
CHAPTER 2: REGULATION OF
RECRUITMENT AND PLACEMENT
ACTIVITIES
- Article 25. Private sector participation in
the recruitment and placement of
workers. Pursuant to national
development objectives and in order to
harness and maximize the use of private
sector resources and initiative in the
development and implementation of a
comprehensive employment program,
the private employment sector shall
participate in the recruitment and
placement of workers, locally and
overseas, under such guidelines, rules
and regulations, as may be issued by the
Secretary of Labor and Employment.
- Article 26. Travel agencies are
prohibited to recruit. Travel agencies
and sales agencies of airline companies
are prohibited from engaging in the
business of recruitment and placement
of workers for overseas employment
whether for profit or not.
- Article 27. Citizenship requirement.
Only Filipino citizens or corporations,
partnerships or entities at least 75
percent of the authorized and voting
capital stock of which is owned and
controlled by Filipino citizens shall be
permitted to participate in the
recruitment and placement of workers,
locally or overseas.
- Article 28. Capitalization. All applicants
for authority to hire or renewal of
license to recruit are required to have
such substantial capitalization as
 determined by the Secretary of Labor
and Employment.
- Article 29. Non-transferability of license
or authority. No license or authority
shall be used directly or indirectly by
any person other than the one in whose
favor it was issued at any place other
than that stated in the license or
authority, nor may such license or
authority be transferred, conveyed or
assigned to any other person or entity.
Any transfer of business address,
appointment or designation of any agent
or representative including the
establishment of additional offices
anywhere shall be subject to the prior
approval of the Department of Labor
and Employment.
- Article 30. Registration fees. The
Secretary of Labor and Employment
shall promulgate a schedule of fees for
the registration of all applicants for
license or authority.
- Article 31. Bonds. All applicants for
license or authority shall post such cash
and surety bonds as determined by the
Secretary of Labor and Employment to
guarantee compliance with prescribed
recruitment procedures, rules and
regulations, and terms and conditions of
employment as appropriate.
- Article 32. Fees to be paid by workers.
Any person applying with a private fee
charging employment agency for
employment assistance shall not be
charged any fee until he has obtained
employment through his efforts or has
actually commenced employment. Such
a fee must be always covered with an
approved receipt clearly showing the
amount paid. The Secretary of Labor
and Employment shall promulgate a
schedule of allowable fees.
- Article 33. Reports on employment
status. Whenever the public interest so
requires, the Secretary of Labor and
Employment may direct all persons or
entities within the coverage of this Title
to submit a report on the status of
employment, including job vacancies;
details of job requisitions, separation
from jobs, wages, other terms and
conditions, and other employment data.
- Article 34. Prohibited practices. It shall
be unlawful for any individual, entity,
licensee or holder of authority:
(a) To charge or accept directly or
indirectly any amount greater
than that specified in the
schedule of allowable fees
prescribed by the Secretary of
Labor and Employment, or to
make a worker pay any amount
greater than that actually
received by him as a loan or
advance;
(b) To furnish or publish any false
notice or information or
document in relation to
recruitment or employment;
(c) To give any false notice,
testimony, information or
document or commit any act or
misrepresentation for the
purpose of securing a license or
authority under this Code;
(d) To induce or attempt to induce a
worker already employed to quit
his employment in order to offer
him another unless the transfer
is designed to liberate a worker
from oppressive terms and
conditions of employment;
(e) To influence or attempt to
influence any person or entity
not to employ any worker who
 has not applied for employment
through his agency;
(f) To engage in the recruitment or
placement of workers in jobs
harmful to public health or
morality or to the dignity of the
Republic of the Philippines;
(g) To obstruct or attempt to
obstruct inspection by the
Secretary of Labor and
Employment or by his duly
authorized representatives;
(h) To fail to file reports on the
status of employment,
placement vacancies, remittance
of foreign exchange earnings,
separation from jobs, departures
and such other matters or
information as may be required
by the Secretary of Labor and
Employment;
(i) To substitute or alter
employment contracts approved
and verified by the Department
of Labor and Employment from
the time of actual signing
thereof by the parties up to and
including the period of
expiration of the same without
the approval of the Department
of Labor and Employment.
(j) To become officer or member of
the Board of any corporation
engaged in travel agency or to
be engaged directly or indirectly
in the management of a travel
agency;
(k) To withhold or deny travel
documents from applicant
workers before departure for
monetary or financial
considerations other than those
authorized under this Code and
its implementing rules and
regulations.
- Article 35. Suspension and/or
cancellation of license or authority. The
Secretary of Labor and Employment
shall have the power to suspend or
cancel any license or authority to recruit
employees for overseas employment for
violation of rules and regulations issued
by the Secretary of Labor and
Employment, the Overseas Employment
Development Board, and the National
Seamen Board, or for violations of the
provisions of this and other applicable
laws, General Orders and Letters of
Instructions.
- Article 36. Regulatory power. The
Secretary of Labor and Employment
shall have the power to restrict and
regulate the recruitment and placement
activities of all agencies within the
coverage of this Title and is hereby
authorized to issue orders and
promulgate rules and regulations to
carry out the objectives and implement
the provisions of this Title.
CHAPTER 3: MISCELLANEOUS
PROVISIONS
- Article 37. Visitorial power. The
Secretary of Labor and Employment or
his duly authorized representatives may
at any time inspect the premises, books
of accounts and records of any person or
entity covered by this Title, require it to
submit reports regularly on prescribed
forms, and act on violations of any
provision of this Title.
- Article 38. Illegal Recruitment.
(a) The following recruitment
activities are deemed illegal and
punishable as provided herein:
1. 1. Those undertaken in
any form or manner by
 non-licensees or
non-holders of
authority;
2. Participation in the
exaction of money,
goods and/or services in
consideration of
employment in an
amount exceeding that
authorized by law or
appropriate regulations;
and
3. Participation in the
recruitment , placement
or deployment of any
worker under false
pretense or false
documentation.
(b) Illegal recruitment shall be
considered as a crime of
economic sabotage and shall be
penalized as such in accordance
with existing laws.
(c) The Secretary of Labor or his
duly authorized representative
shall have the power to
recommend the arrest and
detention of any person engaged
in illegal recruitment.
(d) The Department of Labor shall
set up a secretariat on illegal
recruitment to serve as the focal
point for all inter-agency efforts
against illegal recruitment and
related activities. The
Secretariat shall initially be
manned and operated by such
personnel and through such
funding as are available in the
Department of Labor. Thereafter
its appropriation shall be made
part of the regular appropriation
act
- Article 39. Penalties.
(a) Any license or holder of
authority found violating or
causing another to violate any
provision of this Title or its
implementing rules and
regulations shall, upon
conviction thereof, suffer the
penalty of imprisonment of not
less than two years nor more
than five years or a fine of not
less than P10,000 nor more than
P50,000 or both such
imprisonment and fine, at the
discretion of the court;
(b) Any person who is neither a
license nor a holder of authority
under this Title found violating
any provision thereof or its
implementing rules and
regulations shall, upon
conviction thereof, suffer the
penalty of imprisonment of not
less than four years nor more
than eight years or a fine of not
less than P20,000 nor more than
P100,000 or both such
imprisonment and fine, at the
discretion of the court;
(c) If the offender is a corporation,
partnership, association or
entity, the penalty shall be
imposed upon the officer or
officers of the corporation,
partnership, association or entity
responsible for violation; and if
such officer is an alien, he shall,
in addition to the penalties
herein prescribed, be deported
without further proceedings;
(d) In every case, conviction shall
cause and carry the automatic
revocation of the license or
authority and all the permits and
privileges granted to such
 person or entity under this Title,
and the forfeiture of the cash
and surety bonds in favor of the
Overseas Employment
Development Board or the
National Seamen Board, as the
case may be, both of which are
authorized to use the same
exclusively to promote their
objectives.
Title II: Employment of Non-Resident Aliens
- Article 40. Employment permit for
non-resident aliens. Any alien seeking
admission to the Philippines for
employment purposes and any domestic
or foreign employer who desires to
engage an alien for employment in the
Philippines shall obtain an employment
permit from the Department of Labor
and Employment.
- The employment permit may be issued
to a non-resident alien or to the
applicant employer after a determination
of the non-availability of a person in the
Philippines who is competent, able and
willing at the time of application to
perform the services for which the alien
is desired.
- For an enterprise registered in preferred
areas of investment, said employment
permit may be issued upon
recommendation of the government
agency charged with the supervision of
said registered enterprise.
- Article 41. Prohibition and penal
sanctions.
(a) After the issuance of an
employment permit, the alien
shall not transfer to another job
or change his employer without
prior approval of the Secretary
of Labor and Employment.
(b) Any non-resident alien who
takes up employment in
violation of the provision of this
Title and its implementing rules
and regulations shall be
punished in accordance with the
provisions of Articles 289 and
290 of the Labor Code.
- In addition, the alien worker shall be
subject to deportation after service of his
sentence.
- Article 42. Submission of list. Any
employer employing non-resident
foreign nationals on the effective date of
this Code shall submit a list of such
nationals to the Secretary of Labor and
Employment within 30 days after such
date indicating their names, citizenship,
foreign and local addresses, nature of
employment and status of stay in the
country. The Secretary of Labor and
Employment shall then determine if they
are entitled to an employment permit.
LESSON VI: BUILDING RESILIENT
COMMUNITIES
Disaster Response
- The provision of emergency services
and public assistance during or
immediately after a disaster in order to
save lives, reduce health impacts, ensure
public safety and meet the basic
subsistence needs of the people affected.
Disaster response is predominantly
focused on immediate and short‐term
needs and is sometimes called “disaster
relief”.
Hazard
- A phenomena, event, occurrence, or
human activity that may cause injury,
loss of lives and damage to property and
the environment.

Exposure
- It is the degree to which people are
likely to experience the hazard.
Disaster Risk Reduction
- A systematic effort to analyze and
manage the causes of disasters by
reducing vulnerabilities and enhancing
capacities in order to lessen the adverse
impacts of hazards and the probability
of disaster.
Vulnerability and Capacity
- The characteristics of a community that
make it susceptible to a hazard or
capable of coping and recovering from
the damaging effects of a disaster.
Republic Act No. 10121 also known as the
“Philippine Disaster Risk Reduction
Management Act of 2010"
- Republic Act No. 10121 or the
Philippine Disaster Risk Reduction and
Management Act of 2010 (DRRM Act)
is a new law which transforms the
Philippines’ disaster management
system from disaster relief and response
towards disaster risk reduction (DRR).
It was approved on May 27, 2010. It
repealed Presidential Decree No. 1566
which was enacted way back in 1978.
- The DRRM Act provides a responsive
and proactive manner of addressing
disasters through a framework that:
a. Prioritizes on community level
DRRM focusing on the most
vulnerable sectors (i.e., the poor,
the sick, people with
disabilities, the elderly, women
and children)
b. Recognizes the important role
and strengthens capacities of
local communities
c. Ensures broad‐based and
greater participation from Civil
Society
d. Addresses root causes of
disaster risks
Strategic Goals of DRRM
- Effective integration of disaster risk
considerations into sustainable
development policies, planning and
programming at all levels ‐ disaster
prevention, mitigation, preparedness and
vulnerability reduction
- Development and strengthening of
institutions, mechanisms and capacities
at all levels
- Systematic incorporation of risk
reduction approaches into the design and
implementation of emergency
preparedness, response and recovery
programs in the reconstruction of
affected communities.
Involve in DRRM as Mandated in DRRM Act
a. National Government
- The different government
departments and agencies with
responsibilities related to
DRRM are constituted as
members of the National
DRRM Council (NDRRMC) to
ensure consistency in the
DRRM policies, plans and
programs of the government
(Sec. 5).
b. Local Government Units
- LGUs are considered as the
frontliners and “first
responders” in every disaster
event (Sec. 15). They take the
lead in preparing for, responding
to, and recovering from the
effects of any disaster.
c. Civil Society Organizations, the Private
Sector and Volunteers
- Civil society organizations and
the private sector play key
formal and informal roles in
effective DRRM. They
complement and enhance the
government’s resources and
efforts in implementing an
effective DRRM. Their
participation and involvement in
all aspects of DRRM from
planning to implementation is
ensured through their
membership at all levels of
governance (Sec. 2.d; Sec. 5.hh
& ii; Sec. 11.a.17 & 18; and
Sec. 12.d) and through an
accreditation process (Sec. 13).
Examples of CSOs are
cooperatives, peoples
organizations, neighborhood
associations, non‐ government
organizations, church‐based
organizations and academic
institutions.
d. Communities
- Communities, including the
most vulnerable sectors, are
both disaster victims and agents
of change. It is crucial to
strengthen, institutionalize and
scale up the skills, knowledge
and innovative practices that
they have initiated and sustained
in DRRM. Their active and
substantive participation at all
levels of DRRM coordination is
recognized since they are most
familiar with their situation.
They themselves shall
determine which approach is
most appropriate for them (Sec.
2.d and Sec. 12.d).
National Disaster Risk Reduction and
Management Council (NDRRMC)
- The National Disaster Risk Reduction
and Management Council (NDRRMC)
is a multi‐ sectoral body composed of
the heads of the different executive
departments of government, government
institutions, local government
associations, civil society organizations,
and the private sector. It shall oversee
the DRRM system in the Philippines.
(Secs. 5 and 6)
Restructuring and Institutions
Presidential Decree 1566
- National DCC
- Office of Civil Defense (OCD)
(Secretariat)
- Regional DCC
- Provincial DCC
- City/Municipal DCC
- Barangay DCC
DRRM Act
Overseeing Body
- National DRRMC
- Regional DRRMC
- Provincial DRRMC
- City/Municipal DRRMC
- Barangay Development Council
Implementing Body
- OCD
- OCD Regional Office
- Provincial DRRMO
- City/Municipal DRRMO
- Barangay DRRMO Committee
National Disaster Risk Reduction and
Management Council (NDRRMC)
a. Chair
- Department of National Defense
(DND)
 b. Vice-Chair Disaster Preparedness
- Department of the Interior and
Local Government (DILG)
c. Vice-Chair Response
- Department of Social Welfare
and Development (DSWD)
d. Vice-Chair Prevention and Mitigation
- Department of Science and
Technology (DOST)
e. Vice-Chair Rehabilitation and
Recovery
- National Economic and
Development Authority
(NEDA)
f. Members:
Regional Disaster Risk Reduction and
Management Councils (RDRRMC)
- The Regional DRRM Councils
(RDRRMC) are responsible for
coordinating, integrating, supervising
and evaluating DRRM activities of the
Local DRRM Councils. The RDRRMC
is chaired by the Regional Director of
the OCD. It is responsible for ensuring
disaster sensitive regional development
plans, and convening the different
regional line agencies and concerned
institutions and authorities in case of
emergencies (Sec. 10)
Local Disaster Risk Reduction and
Management Councils (LDRRMC)
- The Local DRRM Councils are found at
the provincial, city, and municipal
levels. The Barangay Development
Council (BDC) shall assume the powers
and functions of the council at the
barangay level. The LDRRMC is
composed of multi‐sectoral and
multi‐agency members. LDRRMCs
oversee the implementation of the Local
DRRM Plans (LDRRMPs) formulated
by Local DRRM Offices (LDRRMOs)
(Sec. 11).
Local Disaster Risk Reduction and
Management Offices (LDRRMO)
- Local DRRM Offices set the direction,
development, implementation and
coordination of DRRM programs and
activities within their territorial
jurisdictions. The LDRRMOs are
established in every province, city and
municipality (PDRRMO, CDRRMO
and MDRRMO) (Sec. 12 .a).
- At the barangay level, Barangay DRRM
Committees (BDRRMC) shall be
established (Sec. 12.a) with at least two
(2) members representing the civil
society organizations (CSOs). The
BDRRMC shall be a regular committee
of the BDC (Sec. 12.d).
- The LDRRMO is under the Office of the
Governor, City or Municipal Mayor, and
Barangay Captain. Each office will be
headed by a DRRM Officer to be
assisted by three staff (Sec. 12.b).
Guide to DRRM Implementation
a. National Disaster Risk Reduction and
Management Framework (NDRRMF)
- The National Disaster Risk
Reduction and Management
Framework (NDRRMF) serves
as the principal guide to disaster
risk reduction and management
efforts in the country. This shall
be developed by the NDRRMC.
It shall be the basis for the
formulation of the National
DRRM Plan (NDRRMP). It
shall provide for a
comprehensive, all‐hazards,
multi‐sectoral, inter‐agency
and community‐based approach
to DRRM. (Sec. 3.y and Sec.
6.a)
b. National DRRM Plan (NDRRMP)
- The NDRRMP shall be
formulated and implemented by
the Office of Civil Defense
(OCD) (Sec. 3.z and Sec. 9.b).
- The NDRRMP sets out goals
and specific objectives for
reducing disaster risks. This
includes:
a) identification of
hazards, vulnerabilities
and risks to be managed
at the national level;
b) DRRM approaches and
strategies to be applied
in managing said
hazards and risks;
c) agency roles,
responsibilities and line
of authority at all
government levels; and,
d) vertical and horizontal
coordination of DRRM
in the pre‐disaster and
post‐disaster phases
c. Local DRRM Plan
- The Local DRRM Plan will
guide DRRM implementation at
the local level. The LDRRMP
will be formulated by the
LDRRMOs/BDRRMC in close
coordination with the local
development councils. (Sec.
12.c.6)
Priorities for Action
a. Disaster Preparedness
- The LDRRMO shall conduct
public awareness programs and
activities to provide
stakeholders with knowledge
and skills in preparing for
disasters (Sec. 12.c; Sec. 10 and
Sec. 17). Also, public sector
employees are required to
undergo training in emergency
response and preparedness (Sec.
14).
- The LDRRM Fund can be
utilized for pre‐disaster
preparedness programs such as
training, purchasing life‐ saving
rescue equipment, stockpiling of
food and medicine (Sec. 21 par.
1).
b. Risk Assessment
- Risk assessments are critical for
communities to recognize the
risks they face. Risk
assessments serve as the first
step in reducing vulnerabilities
of communities. It identifies
hazards and exposed vulnerable
 sectors in the community. It
guides communities to prioritize
actions and develop effective
strategies for disaster
prevention, mitigation,
preparedness and response.
- The results of these risk
assessments shall be
consolidated into a Disaster
Risk Reduction and
Management Information
System and Geographic
Information System‐based
national risk map and a local
risk map. These risk
assessments shall provide the
basis for the formulation of the
NDRRMP and the LDRRMPs.
This will also aid the
development of the national
early warning and alert system
and the local multi‐hazard early
warning system by the
NDRRMC and the LDRRMOs,
respectively.
c. Governance
- Participation: Inclusion of CSOs
and the private sector in DRRM
Councils to monitor government
performance and engage
government in the coordination,
planning, implementation and
evaluation of DRRM activities.
- Capacity:
a. Formulation of a
national institutional
capability building
program for disaster
risk reduction and
management by the
NDRRMC to address
specific weaknesses of
various government
agencies and LGUs,
based on the results of a
biennial baseline
assessment and studies
(Sec. 6.1)
b. Periodic awareness &
education programs to
accommodate newly
elected officials &
members of the
LDRRMCs through the
DRRM Training
Institutes (Sec. 9.i par.
3)
c. Constitution of a
technical management
group to coordinate and
meet as often as
necessary to effectively
manage and sustain
national efforts on
DRRM (Sec. 6.0);
- Funds: Submission of
programming and reports
relating to the LDRRMF by the
LDRRMO through the
LDRRMC and the LDC to the
local sanggunian (Sec. 12.c.7)
and to the local Commission on
Audit (COA) (Sec. 12.c.24).
Monitoring of releases,
utilization, accounting and
auditing of the LDRRMF in
accordance with the guidelines
and procedures provided by the
NDRRMC (Sec. 6.i
- Standards: Formulation of
national standards by the OCD
in carrying out disaster risk
reduction programs. This
includes preparedness,
mitigation, prevention, response
and rehabilitation works, from
data collection and analysis,
planning, implementation,
 monitoring and evaluation (Sec.
9.d)
- Penalties: Penalizing public
officers who are found guilty
beyond reasonable doubt of
committing prohibited acts.
Noteworthy is “dereliction of
duties which leads to
destruction, loss of lives, critical
damages of facilities and misuse
of funds” (Sec. 19)
- Monitoring, Evaluation, and
Review: Regular review of the
NDRRMF every five (5) years
or as deemed necessary in order
to ensure its relevance to the
times (Sec. 6.a) Monitoring and
evaluation by NDRRMC of the
development and enforcement
by agencies and organizations of
the various laws, guidelines,
codes or technical standards
required by the Act (Sec. 6.g).
LDRRMC shall approve,
monitor and evaluate the
implementation of the
LDRRMPs and regularly review
and test the plan consistent with
other national and local
planning programs (Sec. 11.b.1).
d. Knowledge Management
- It is difficult to promote DRRM
if the disasters are viewed
mainly as a consequence of fate.
Through popularized and
enhanced knowledge on
DRRM, the culture of safety
and preparedness can be
cultivated effectively in the
whole community
- Disaster related information is
fundamental in the formulation
of risk reduction programs.
This includes socio‐economic
data, documentation from past
disaster events, maps, and
scientific data, etc. The
development of a DRRM
Information System (Sec. 6.d)
promotes access to and
application of this information.
It thereby builds awareness of
disaster risks and measures to
reduce these risks. Information
sharing among the various
government agencies is
encouraged subject to the
standard operating procedures to
be formulated by the OCD (Sec.
9.g).
e. Vulnerability Reduction
- The biggest shift is the
recognition that the damaging
effects of disasters can be
reduced by reducing
vulnerabilities and enhancing
capacities of local communities.
It is not necessary to wait for a
disaster to happen before
planning and taking action
against hazards.
- Before, the local calamity fund
could only be used after a
declaration of a state of
calamity. Now, the fund has
been renamed as the DRRM
Fund and is encouraged to be
used to fund activities to reduce
vulnerabilities. It can be used to
fund training of personnel;
procurement of equipment, and
capital expenditures; the
conduct of participatory risk
assessments; the establishment
of early warning systems; the
conduct of emergency drills;
public awareness campaigns;
the purchase of communication
 equipment; construction of safe
evacuation centers; etc.
Disaster Response
a. What happens when a disaster strikes?
- A State of Calamity can be
declared so that disaster
response can be coordinated,
remedial measures can be taken,
and the Quick Response Fund
can be used to provide
assistance to those affected
b. Who can declare a State of Calamity?
- The President can declare a state
of calamity upon the
recommendation of the
NDRRMC. The local
sanggunian may now also
declare and lift the state of
calamity within their locality.
This is upon the
recommendation of the
LDRRMC based on the results
of the damage assessment and
needs analysis (Sec. 16).
c. What are remedial measures?
- Remedial measures are the
mandatory courses of action
which shall immediately be
undertaken during the
declaration of a state of calamity
(Sec. 17). These are as follows:
1. Imposition of a price
ceiling on basic
necessities and prime
commodities
2. Prevention of
overpricing/profiteering
and hoarding of prime
commodities, medicines
and petroleum products
3. Programming/reprogra
mming of funds for the
repair and upgrading of
public infrastructure
4. Granting of no‐interest
loans by government
financing institutions to
the most affected
population
d. How will DRRMCs coordinate during a
disaster?
- The LDRRMCs take the lead in
preparing for, responding to,
and recovering from the effects
of any disaster based on the
following criteria (Sec. 15):
a) The Barangay
Development Council–
One (1) barangay is
affected
b) The City/Municipal
DRRMCs— Two (2) or
more barangays are
affected
c) The Provincial DRRMC
‐ two (2) or more
cities/municipalities are
affected
d) The Regional
DRRMC—Two (2) or
more provinces are
affected
e) The NDRRMC— Two
(2)or more regions are
affected
- The LDRRMCs shall coordinate with
the private sector and CSO groups
through the LDRRMO. The LDRRMO
conducts continuous disaster monitoring
and mobilizes volunteers to utilize their
facilities and resources (Sec. 12.c.8).
The LDRRMO shall respond to and
manage the adverse effects of
emergencies and carry out recovery
activities in the affected area (Sec.
12.c.16)

Prohibitions and Penalties
a) What happens when a disaster strikes?
1. Dereliction of duties which
leads to destruction, loss of
lives, critical damage of
facilities and misuse of funds.
2. Preventing the entry and
distribution of relief goods in
disaster‐stricken areas,
including appropriate
technology, tools, equipment,
accessories, disaster teams/
experts.
3. Buying, for consumption or
resale, from disaster relief
agencies any relief goods,
equipment or other aid
commodities which are intended
for distribution to disaster
affected communities.
4. Buying, for consumption or
resale, from the disaster affected
recipient any relief goods,
equipment or other aid
commodities received by them.
5. Selling of relief goods,
equipment or other aid
commodities which are intended
for distribution to disaster
victim
b) What are the penalties for committing
the prohibited acts?
- Section 20 of the DRRM Act
imposes the penalty of
1. Fine between P50,000to
P500,000
2. Imprisonment between
six months to one year
3. Both fine and
imprisonment
4. Confiscation or
forfeiture of the objects
and instrumentalities
used
- For government officials, he/she
shall be perpetually disqualified
from public office in addition to
the fine, imprisonment and
confiscation.
- For a corporation, partnership or
association, or other groups, the
penalty shall be imposed upon
the officers. Their licenses or
accreditation can also be
canceled or revoked.
- For a foreigner, he/she can be
deported after service of the
sentence.
LESSON VII: ADVANCE THE NATION’S
LONG-TERM FISCAL HEALTH
General Principles of Taxation
A. Definition and Concept of taxation
1. Revenue Raising Measure
a. Is a mode of raising revenue for
public purposes; the exercise of
sovereign power to raise
revenue for the expense of the
government.
b. The process of means by which
the sovereign , through its law
making body, raises income to
defray the necessary expenses
of government; a method of
apportioning the cost of
government among those who
in some measure are privileged
to enjoy its benefits and must,
therefore, bear its burdens. [51
Am. Jur. 34;1 Cooley 72-93]
2. As a Power
a. It refers to the inherent power of
the state to demand enforced
contributions for public
purposes or purposes.
 b. Is described as a destructive
power which interferes with the
personal and property rights of
the people and takes from them
a portion of their property for
the support of the government.
[Paseo Realty & Development
Corporation v. CA, G.R. No.
119286 (2004)]
B. Purpose of Taxation
1. Revenue-Rising
a. Primary purpose of taxation is
to provide funds or property
with which to promote the
general welfare and protection
of its citizens.
b. Fees may be properly regarded
as taxes even though they also
serve as an instrument of
regulation. If the purpose is
primarily revenue, or if revenue
is, at least, one of the real and
substantial purposes, then the
exaction is properly called a tax.
[PAL v Edu, G.R. No. L-41383
(1998)]
2. Non-Revenue/Special or Regulatory
a. Taxation is often employed as a
device for regulation by means
of which certain effects or
conditions envisioned by
governments may be achieved.
b. Taxes may be levied with a
regulatory purpose to provide
means for rehabilitation and
stabilization of a threatened
industry which is affected with
public interest as to be within
the police power of the state.
c. These regulatory purposes are
also known as Sumptuary. Thus
taxation can:
- Strengthen anemic
enterprises or provide
incentive to greater
production through
grant of tax exemptions
or the creation of
conditions conducive to
their growth.
- Protect local industries
against foreign
competition by
imposing additional
taxes on imported
goods, or encourage
foreign trade by
providing tax incentives
on imported goods.
- Be a bargaining tool by
setting tariff rates first
at a relatively high level
before trade
negotiations are entered
into another country.
- Halt inflation in periods
of prosperity to curb
spending power, ward
off depression in
periods of slump to
expand business.
- Reduce inequalities in
wealth and incomes, as
for instance, the estate,
donor's and income
taxes, their payers being
the recipients of
unearned wealth or
mostly in higher income
brackets. Progressive
system of taxation
prevents the undue
concentration of wealth
in the hands of a few
individuals.
Progressivity is
 keystoned on the
principle that those who
are able to pay shoulder
the bigger portion of the
tax burden.
[Mamalateo].
- Taxes may be leveled to Nature and Characteristics of Taxation
promote science and A. Nature of Taxation
invention (see R.A. No.
5448) or to finance
educational activities
(see RA. No. 5447) or
to improve the
efficiency of local
police forces in the
maintenance of peace
and order through grant
of subsidy (see RA. No.
6141).
- Be an implement of the
police power to promote
the general welfare.
- Protect local industries
from foreign
competition. Taxation is
no longer envisioned as
a measure merely to
raise revenue to support
the existence of the
government; taxes may
be levied with a
regulatory purpose to
provide means for the
rehabilitation and
stabilization of a
threatened industry
which is affected with
public interest as to be
within the police power
of the state. [Caltex v.
COA, G.R. No. 92585
(1992)]
- To address the push for
the government's health
measure, just like what
happened in the
landmark legislation on
sin taxes in 2012 (see
RA. Na 10351).
1. Inherent in Sovereignty
- The power to tax is an attribute
of sovereignty. It is a power
emanating from necessity. It is a
necessary burden to preserve the
state sovereignty and a means to
give the citizenry an army to
resist an aggression, a navy to
defend its shores from invasion,
a corps of civil servants to
serve, public improvement
designed for the enjoyment of
the citizenry and those which
come within the states territory,
and facilities and protection
which a government is supposed
to provide [Phil. Guaranty Co.,
Inc. v. Commissioner, G.R. No
L-22074 (1965)]
2. Essentially a Legislative Function
- The power to tax is peculiarly
and exclusively legislative and
cannot be exercised by the
Executive or Judicial branch of
the Government [Cooley
160-161]. Hence, only
Congress, our national
legislative body, can impose
taxes. The levy tax, however,
may also be made by a local
legislative body subject to such
limitations as may be provided
by law.
- It includes the authority to:
a. Determine the nature,
purpose, extent,
 coverage, appointment,
situs, and method of
collection of the tax.;
b. Grant tax exemptions or
condonations; and
c. Specify or provide for
the administrative as
well as judicial
remedies that either the
government or the
taxpayers may avail
themselves in the proper
implementation of the
tax measures.
3. Subject to Constitutional and Inherent
Limitations
- The power to tax is said to be
the strongest of all the powers
of governments. It is unlimited,
plenary, comprehensive and
supreme, in the absence of
constitutional restrictions, the
principal check on its abuse
resting in the responsibility of
members of congress to their
constituents. However, the
power of taxation is subject to
constitutional and inherent
limitations [Mamalateo]. These
limitations are those provided in
the fundamental law or implied
therefrom, while the rest spring
from the nature of the taxing
power itself although they may
or may not be provided in the
constitution.
B. Characteristics of Taxation
1. Enforced contribution
- Its imposition is in no way
dependent upon the will or
assent of the person taxed, but
positive acts of government.
2. Generally payable in the form of money
- Although the law may provide
payment in kind (e.g. backpay
certificates under Sec. 2, R.A.
No. 304, as amended);
3. Proportionate in character
- Laid by some rule of
apportionment which is usually
based on ability to pay.
4. Personal to the Taxpayer
5. Levied on persons, property, rights, acts,
privileges, or transactions.
6. Levied by the state which has
jurisdictions or control over the subject
to be taxed.
7. Levied by the law-making body of the
state. The power to tax is legislative
power but is also granted to local
governments, subject to such guidelines
and limitations as law may be provided
by law.
TAKE NOTE:
“Each local government unit shall have the
power to create its own resources of revenues
and to levy taxes, fees, and charges subject to
such guidelines and limitations as the congress
may provide, consistent with the basic policy of
local autonomy. Such taxes, fees and charges
shall accrue exclusively to the local
governments'' [Sec. 5, Art. X, 1987 Constitution]
Theory and Basis of Taxation
Lifeblood Theory
- Taxes are the Lifeblood of the
government and their prompt and certain
availability is an imperious need. [CIR
v. Pineda, G.R. No L-22734 (1967)]
- Taxes are the Lifeblood of the
government and should be collected
without unnecessary hindrance. It is said
that taxes are what we pay for civilized
society. Without taxes, the government
would be paralyzed for lack of the
motive power to activate and operate it.
 [CIR v. Algue, G.R. No. L-28896
(1988)]
Necessity Theory
- The power of taxation proceeds upon
the theory that the existence of
government is a necessity; that it cannot
continue without means it has the right
to compel all citizens and property
within its limits to contribute.
- The obligation to pay taxes rests upon
the necessity of money for the support
of the state. For this reason, no one is
allowed to object to or resist the
payment of taxes solely because no
personal benefit to him can be pointed
out. [Lorenzo v. Posadas, G.R. No.
L-43082 (1937)]
Benefits-Protection Theory (Symbiotic
Relationship)
- This principle serves as the basis of
taxation and is founded on the reciprocal
duties of protection and support between
the state and its inhabitants.
- Despite the natural reluctance to
surrender part of one’s hard earned
income to the taxing authorities, every
person who is able to must contribute
his share in the running of the
government.
- The government for its part is expected
to respond in the form of tangible and
intangible benefits intended to improve
the lives of the people and enhance their
moral and material values.
- This symbiotic relationship is the
rationale of taxation and should dispel
the erroneous notion that it is an
arbitrary method of exaction by those in
the seat of power. [CIR v. Algue, supra]
LESSON VIII: STEWARD NATURAL
RESOURCES AND ADDRESS CLIMATE
CHANGE
Republic Act No. 9729 also known as
the “Climate Change Act of 2009”
a. Section 2. Declaration of Policy
- It is the policy of the State to
afford full protection and the
advancement of the right of the
people to a healthful ecology in
accord with the rhythm and
harmony of nature. In this light,
the State has adopted the
Philippine Agenda 21
framework which espouses
sustainable development, to
fulfill human needs while
maintaining the quality of the
natural environment for current
and future generations.
b. Section 4. Creation of the Climate
Change Commission.
- There is hereby established a
Climate Change Commission,
hereinafter referred to as the
Commission.
- The Commission shall be an
independent and autonomous
body and shall have the same
status as that of a national
government agency. It shall be
attached to the Office of the
President.
- The Commission shall be the
sole policy-making body of the
government which shall be
tasked to coordinate, monitor
and evaluate the programs and
action plans of the government
relating to climate change
pursuant to the provisions of
this Act.
 - The Commission shall be
organized within sixty (60) days
from the effectiveness of this
Act.
c. Section 5. Composition of the
Commission.
- The Commission shall be
composed of the President of
the Republic of the Philippines
who shall serve as the
Chairperson, and three (3)
Commissioners to be appointed
by the President, one of whom
shall serve as the Vice
Chairperson of the Commission.
- The Commission shall have an
advisory board composed of the
following:
(a) Secretary of the
Department of
Agriculture;
(b) Secretary of the
Department of Energy;
(c) Secretary of the
Department of
Environment and
Natural Resources;
(d) Secretary of the
Department of
Education;
(e) Secretary of the
Department of Foreign
Affairs;
(f) Secretary of the
Department of Health;
(g) Secretary of the
Department of the
Interior and Local
Government;
(h) Secretary of the
Department of National
Defense, in his capacity
as Chair of the National
Disaster Coordinating
Council;
(i) Secretary of the
Department of Public
Works and Highways;
(j) Secretary of the
Department of Science
and Technology;
(k) Secretary of the
Department of Social
Welfare and
Development;
(l) Secretary of the
Department of Trade
and Industry;
(m) Secretary of the
Department of
Transportation and
Communications;
(n) Director-General of the
National Economic and
Development Authority,
in his capacity as Chair
of the Philippine
Council for Sustainable
Development;
(o) Director-General of the
National Security
Council;
(p) Chairperson of the
National Commission
on the Role of Filipino
Women;
(q) President of the League
of Provinces;
(r) President of the League
of Cities;
(s) President of the League
of Municipalities;
(t) President of the Liga ng
mga Barangay;
(u) Representative from the
academe;
 (v) Representative from the
business sector; and
(w) Representative from
non-governmental
organizations.
- At least one (1) of the sectoral
representatives shall come from
the disaster risk reduction
community.
- The representatives shall be
appointed by the President from
a list of nominees submitted by
their respective groups. They
shall serve for a term of six (6)
years without reappointment
unless their representation is
withdrawn by the sector they
represent. Appointment to any
vacancy shall be only for the
unexpired term of the
predecessor.
- Only the ex officio members of
the advisory board shall appoint
a qualified representative who
shall hold a rank of no less than
an Undersecretary.
d. Section 6. Meetings of the Commission
- The Commission shall meet
once every three (3) months, or
as often as may be deemed
necessary by the Chairperson.
The Chairperson may likewise
call upon other government
agencies for the proper
implementation of this Act.
e. Section 7. Qualifications, Tenure,
Compensation of Commissioners
- The Commissioners must be
Filipino citizens, residents of the
Philippines, at least thirty (30)
years of age at the time of
appointment, with at least ten
(10) years of experience on
climate change and of proven
honesty and integrity. The
Commissioners shall be experts
in climate change by virtue of
their educational background,
training and experience:
Provided, That at least one (1)
Commissioner shall be female:
Provided, further, That in no
case shall the Commissioners
come from the same sector:
Provided, finally, That in no
case shall any of the
Commissioners appoint
representatives to act on their
behalf.
- The Commissioners shall hold
office for a period of six (6)
years, and may be subjected to
reappointment: Provided, That
no person shall serve for more
than two (2) consecutive terms:
Provided, further, That in case
of a vacancy, the new appointee
shall fully meet the
qualifications of a
Commissioner and shall hold
office for the unexpired portion
of the term only: Provided,
finally, That in no case shall a
Commissioner be designated in
a temporary or acting capacity
- The Vice Chairperson and the
Commissioners shall have the
rank and privileges of a
Department Secretary and
Undersecretary, respectively.
They shall be entitled to
corresponding compensation
and other emoluments and shall
be subject to the same
disqualifications.
f. Section 8. Climate Change Office.
- There is hereby created a
Climate Change Office that
 shall assist the Commission. It
shall be headed by a Vice
Chairperson of the Commission
who shall act as the Executive
Director of the Office. The
Commission shall have the
authority to determine the
number of staff and create
corresponding positions
necessary to facilitate the proper
implementation of this Act,
subject to civil service laws,
rules and regulations. The
officers and employees of the
Commission shall be appointed
by the Executive Director.
g. Section 9. Powers and Functions of the
Commission
- The Commission shall have the
following powers and functions:
(a) Ensure the
mainstreaming of
climate change, in
synergy with disaster
risk reduction, into the
national, sectoral and
local development plans
and programs;
(b) Coordinate and
synchronize climate
change programs of
national government
agencies;
(c) Formulate a Framework
Strategy on Climate
Change to serve as the
basis for a program for
climate change
planning, research and
development, extension,
and monitoring of
activities on climate
change;
(d) Exercise policy
coordination to ensure
the attainment of goals
set in the framework
strategy and program on
climate change;
(e) Recommend legislation,
policies, strategies,
programs on and
appropriations for
climate change
adaptation and
mitigation and other
related activities;
(f) Recommend key
development
investments in climate-
sensitive sectors such as
water resources,
agriculture, forestry,
coastal and marine
resources, health, and
infrastructure to ensure
the achievement of
national sustainable
development goals;
(g) Create an enabling
environment for the
design of relevant and
appropriate risk-sharing
and risk-transfer
instruments;
(h) Create an enabling
environment that shall
promote broader
multi-stakeholder
participation and
integrate climate change
mitigation and
adaptation;
(i) Formulate strategies on
mitigating GHG and
other anthropogenic
 causes of climate
change;
(j) Coordinate and
establish a close
partnership with the
National Disaster
Coordinating Council in
order to increase
efficiency and
effectiveness in
reducing the people’s
vulnerability to
climate-related
disasters;
(k) In coordination with the
Department of Foreign
Affairs, represent the
Philippines in the
climate change
negotiations;
(l) Formulate and update
guidelines for h. Section 10. Panel of Technical Experts.
determining
vulnerability to climate
change impacts and
adaptation assessments
and facilitate the
provision of technical
assistance for their
implementation and
monitoring;
(m) Coordinate with local
government units
(LGUs) and private
entities to address
vulnerability to climate
change impacts of
regions, provinces,
cities and
municipalities;
(n) Facilitate capacity
building for local
adaptation planning,
implementation and
monitoring of climate
change initiatives in
vulnerable communities
and areas;
(o) Promote and provide
technical and financial
support to local research
and development
programs and projects
in vulnerable
communities and areas;
and
(p) Oversee the
dissemination of
information on climate
change, local
vulnerabilities and risks,
relevant laws and
protocols and
adaptation and
mitigation measures.
- The Commission shall
constitute a national panel of
technical experts consisting of
practitioners in disciplines that
are related to climate change,
including disaster risk
reduction.
- The Panel shall provide
technical advice to the
Commission in climate science,
technologies, and best practices
for risk assessment and
enhancement of adaptive
capacity of vulnerable human
settlements to potential impacts
of climate change.
- The Commission shall set the
qualifications and compensation
for the technical experts. It shall
provide resources for the
operations and activities of the
Panel.
i. Section 11. Framework Strategy and
Program on Climate Change.
- The Commission shall, within
six (6) months from the
effectiveness of this Act,
formulate a Framework Strategy
on Climate Change. The
Framework shall serve as the
basis for a program for climate
change planning, research and
development, extension, and
monitoring of activities to
protect vulnerable communities
from the adverse effects of
climate change
- The Framework shall be
formulated based on climate
change vulnerabilities, specific
adaptation needs, and mitigation
potential, and in accordance
with the international
agreements.
- The Framework shall be
reviewed every three (3) years,
or as may be deemed necessary.
j. Section 12. Components of the
Framework Strategy and Program on
Climate Change.
- The Framework shall include,
but not limited to, the following
components:
a. National priorities;
b. Impact, vulnerability
and adaptation
assessments;
c. Policy formulation;
d. Compliance with
international
commitments;
e. Research and
development;
f. Database development
and management;
g. Academic programs,
capability building and
mainstreaming;
h. Advocacy and
information
dissemination;
i. Monitoring and
evaluation; and
j. Gender mainstreaming.
k. Section 13. National Climate Change
Action Plan
- The Commission shall
formulate a National Climate
Change Action Plan following
the Framework within one (1)
year after the formulation of the
latter.
- The National Climate Change
Action Plan shall include, but
not limited to, the following
components:
a. Assessment of the
national impact of
climate change;
b. The identification of the
most vulnerable
communities/areas,
including ecosystems to
the impact of climate
change, variability, and
extremes;
c. The identification of
differential impacts of
climate change on men,
women and children;
d. The assessment and
management of risk and
vulnerability;
e. The identification of
GHG mitigation
potentials; and
f. The identification of
options, and
prioritization of
 appropriate adaptation
measures for joint
projects of national and
local governments.
l. Section 14. Local Climate Change
Action Plan.
- The LGUs shall be the frontline
agencies in the formulation,
planning, and implementation of
climate change action plans in
their respective areas, consistent
with the provisions of the Local
Government Code, the
Framework, and the National
Climate Change Action Plan.
- Barangays shall be directly
involved with municipal and
city governments in prioritizing
climate change issues and in
identifying and implementing
best practices and other
solutions. Municipal and city
governments shall consider
climate change adaptation, as
one of their regular functions.
Provincial governments shall
provide technical assistance,
enforcement, and information
management in support of
municipal and city climate
change action plans. Inter-local
government unit collaboration
shall be maximized in the
conduct of climate related
activities
- LGUs shall regularly update
their respective action plans to
reflect changing social,
economic, and environmental
conditions and emerging issues.
The LGUs shall furnish the
Commission with copies of their
action plans and all subsequent
amendments, modifications, and
revisions thereof, within one (1)
month from their adoption. The
LGUs shall mobilize and
allocate necessary personnel,
resources, and logistics to
effectively implement their
respective action plans.
- The local chief executive shall
appoint the person responsible
for the formulation and
implementation of the local
action plan.
- It shall be the responsibility of
the national government to
extend technical and financial
assistance to LGUs for the
accomplishment of their Local
Climate Change Action Plans.
- The LGU is hereby expressly
authorized to appropriate and
use the amount from its Internal
Revenue Allotment necessary to
implement said local plan
effectively, any provision in the
Local Government Code to the
contrary notwithstanding
m. Section 15. Role of Government
Agencies.
- To ensure the effective
implementation of the
framework strategy and
program on climate change,
concerned agencies shall
perform the following functions:
a. The Department of
Education (DepED)
shall integrate climate
change into the primary
and secondary
education curricula
and/or subjects, such as,
but not limited to,
science, biology, sibika,
history, including
 textbooks, primers and
other educational
materials, basic climate
change principles and
concepts;
b. The Department of the
Interior and Local
Government (DILG)
and Local Government
Academy shall facilitate
the development and
provision of a training
program for LGUs in
climate change. The
training program shall
include socioeconomic,
geophysical, policy, and
other content necessary
to address the prevailing
and forecasted
conditions and risks of
particular LGUs. It shall
likewise focus on
women and children,
especially in the rural
areas, since they are the
most vulnerable;
c. The Department of
Environment and
Natural Resources
(DENR) shall oversee
the establishment and
maintenance of a
climate change
information
management system
and network, including
on climate change risks,
activities and
investments, in
collaboration with other
concerned national - The Commission shall evaluate,
government agencies,
institutions and LGUs;
d. The Department of
Foreign Affairs (DFA)
shall review
international
agreements related to
climate change and
make the necessary
recommendation for
ratification and
compliance by the
government on matters
pertaining thereto;
e. The Philippine
Information Agency
(PIA) shall disseminate
information on climate
change, local
vulnerabilities and risks,
relevant laws and
protocols, and
adaptation and
mitigation measures;
and
f. Government financial
institutions, shall, any
provision in their
respective charters to
the contrary
notwithstanding,
provide preferential
financial packages for
climate change- related
projects. In consultation
with the Bangko Sentral
ng Pilipinas (BSP), they
shall, within thirty (30)
days from the
effectivity of this Act,
issue and promulgate
the implementing
guidelines therefore.
recommend the approval of loans and
monitor the use of said funds of LGUs.
n. Section 16. Coordination with Various
Sectors.
- In the development and
implementation of the National
Climate Change Action Plan,
and the local action plans, the
Commission shall coordinate
with the non government
organizations (NGOs), civic
organizations, academe,
people’s organizations, the
private and corporate sectors
and other concerned stakeholder
groups
o. Section 17. Authority to Receive
Donations and/or Grants.
- The Commission is hereby
authorized to accept grants,
contributions, donations,
endowments, bequests, or gifts
in cash, or kind from local and
foreign sources in support of the
development and
implementation of climate
change programs and plans:
Provided, That in case of
donations from foreign
governments, acceptance
thereof shall be subject to prior
clearance and approval of the
President of the Philippines
upon recommendation of the
Secretary of Foreign Affairs:
Provided, further, That such
donations shall not be used to
fund personal services
expenditures and other
operating expenses of the
Commission.
- The proceeds shall be used to
finance:
a. Research, development,
demonstration, and
promotion of
technologies;
b. Conduct of assessment
of vulnerabilities to
climate change impacts,
resource inventory, and
adaptation capability
building;
c. Advocacy, networking,
and communication
activities in the conduct
of information
campaign; and
d. Conduct of such other
activities reasonably
necessary to carry out
the objectives of this
Act, as may be defined
by the Commission.
p. Section 18. Funding Allocation for
Climate Change.
- All relevant government
agencies and LGUs shall
allocate from their annual
appropriations adequate funds
for the formulation,
development, and
implementation, including
training, capacity building, and
direct intervention, of their
respective climate change
programs and plans. It shall also
include public awareness
campaigns on the effects of
climate change and
energy-saving solutions to
mitigate these effects, and
initiatives, through educational
and training programs and
micro-credit schemes, especially
for women in rural areas. In
subsequent budget proposals,
the concerned offices and units
shall appropriate funds for
 program/project development
and implementation including
continuing training and
education in climate change.
q. Section 19. Joint Congressional
Oversight Committee.
- There is hereby created a Joint
Congressional Oversight
Committee to monitor the
implementation of this Act. The
Oversight Committee shall be
composed of five (5) Senators
and five (5) Representatives to
be appointed by the Senate
President and the Speaker of the
House of Representatives,
respectively. The Oversight
Committee shall be co-chaired
by a Senator and a
Representative to be designated
by the Senate President and the
Speaker of the House of
Representatives, respectively. Its
funding requirement shall be
charged against the
appropriations of Congress.
r. Section 20. Annual Report
- The Commission shall submit to
the President and to both
Houses of Congress, not later
than March 30 of every year
following the effectivity of this
Act, or upon the request of the
Congressional Oversight
Committee, a report giving a
detailed account of the status of
the implementation of this Act,
a progress report on the
implementation of the National
Climate Change Action Plan
and recommend legislation,
where applicable and necessary.
LGUs shall submit annual
progress reports on the
implementation of their
respective local action plan to
the Commission within the first
quarter of the following year.
s. Section 21. Appropriations
- The sum of Fifty million pesos
(Php50,000,000.00) is hereby
appropriated as initial operating
fund in addition to the
unutilized fund of the
Presidential Task Force on
Climate Change and the Office
of the Presidential Adviser on
Global Warming and Climate
Change. The sum shall be
sourced from the President’s
contingent fund.
- Thereafter, the amount
necessary to effectively carry
out the provisions of this Act
shall be included in the annual
General Appropriations Act
t. Section 22. Implementing Rules and
Regulations.
- Within ninety (90) days after the
approval of this Act, the
Commission shall, upon
consultation with government
agencies, LGUs, private sector,
NGOs and civil society,
promulgate the implementing
rules and regulations of this Act:
Provided, That failure to issue
rules and regulations shall not in
any manner affect the executory
nature of the provisions of this
Act.
LESSON IX: CREATE MODERN
WATER SYSTEMS FOR SAFE AND
SUSTAINABLE USE
Presidential Decree No. 1067, s. 1967
Objectives
 a. To establish the basic principles and
framework relating to the appropriation,
control and conservation of water
resources and to achieve the optimum
development and rational utilization of
these resources;
b. To define the extent of the rights and
obligation of water users and owners
including the protection and regulation
of such rights;
c. To adopt a basic law governing the
ownership, appropriation, utilization,
exploitation, development, conservation
and protection of water resources and
rights to land related thereto; and
d. To identify the administrative agencies
which will enforce this Code.
Underlying Principles
a. All waters belong to the State.
b. All waters that belong to the state can
not be the subject to acquisitive
prescription.
c. The state may allow the use or
development of waters by
administration concession.
d. The utilization, exploitation,
development, conservation and
protection of water resources shall be
subject to the control and regulation of
the government through the National
Water Resources Council. Preference in
the use and development of waters shall
consider current usages and be
responsive to the changing needs of the
country.
Waters
- As used in the Water Code, it refers to
water under the ground, water above the
ground , water in the atmosphere and the
waters of the sea within the territorial
jurisdiction of the Philippines.
Ownership of Waters
- The following waters belong to the
State:
a. Rivers and their natural beds;
b. Continuous or intermittent
waters of springs and brooks
running in their natural beds and
the beds themselves
c. Natural lakes and lagoons;
d. All other categories of surface
waters such as water flowing
over lands, water from rainfall
whether natural or artificial, and
water from agricultural runoff,
seepage and drainage; e.
Atmospheric water;
e. Subterranean or ground water;
and
f. Seawater
Article 6
- The owner of the land where the water
is found may use the same for domestic
purposes without securing a permit,
provided that such use shall be
registered, when required by the
National Water Resources Council.
- The Council, however, may regulate
such use when there is
(1) wastage, or
(2) in times of emergency.
Article 7
- Subject to the provisions of the Water
Code, any person who captures or
collects water by means of cisterns,
tanks or pools shall have exclusive
control over such water and the right to
dispose of the same.
Appropriations of Waters
- As used in the Water Code, is 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.
- Water may be appropriated for the
following purposes:
a. Domestic
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Livestock raising
g. Industrial
h. Recreational, and
i. Other purposes
Water Right
- It is the privilege granted by the
government to appropriate and use
water.
Water Permit
- It is the document evidencing the water
right.
Article 11
- The State, for reasons of public policy,
may declare waters not previously
appropriated, in whole or in part,
exempt from appropriation for any or all
purposes and, thereupon, such waters
may not be appropriated for those
purposes.
Article 12
- Waters appropriated for a particular
purpose may be applied for another
purpose only upon approval of the
Council and on condition that the new
use does not unduly prejudice the rights
of other permittees, or require an
increase in the volume of water.
General Rule
- No person, including government
instrumentalities or government-owned
corporations, shall appropriate water
without a water right, which shall be
evidenced by a document known as a
water permit.
Exception
- Any person may appropriate or use
natural bodies of water without securing
a water permit for any of the following:
1. Appropriation of water by
means of hand carried
receptacles; and
2. Bathing or washing, watering or
dipping of domestic or farm
animals, and navigation of
watercrafts or transportation of
logs and other objects by
floatation.
Utilization of Waters
- Development of water resources shall
consider security of the State, multiple
use, beneficial effects, adverse effects
and cost of development.
- The utilization of subterranean or
ground water shall be coordinated with
that of surface waters such as rivers,
streams, springs and lakes, so that a
superior right in one is not adversely
affected by an inferior right in the other.
- Water contained in open canals,
aqueducts or reservoirs of private
persons may be used by any person for
domestic purposes or for watering
plants.
- Works for the storage, diversion,
distribution and utilization of water
resources shall contain adequate
provision for the prevention and control
of diseases.
- When the reuse of wastewater is
feasible, it shall be limited as much as
 possible to such uses other than direct
human consumption.
- Drainage systems shall be so
constructed that their outlets are rivers,
lakes, the sea, natural bodies of water,
such other water course as may be
approved by the proper government
agency
- Lower estates are obliged to receive the
waters which naturally and without the
intervention of man flow from the
higher estates, as well as the stones or
earth which they carry with them.
- The banks or rivers and streams and the
shores of the seas and lakes throughout
their entire length and within a zone of
three (3) meters in urban areas, twenty
(20) meters in agricultural areas and
forty (40) meters in forest areas, along
their margins, are subject to the
easement of public use in the interest of
recreation, navigation, floatage, fishing
and salvage.
Control of Waters
- To promote the best interest and the
coordinated protection of flood plain
lands, the Secretary of Public Works,
Transportation and Communications
may declare flood control areas and
promulgate guidelines for governing
floodplain management plans in these
areas.
- The government may construct
necessary flood control structures in
declared flood control areas, and for this
purpose it shall have a legal easement as
wide as may be needed along and
adjacent to the river bank and outside
the bed or channel of the river.
Article 20
- The measure and limit of appropriation
of water shall be beneficial use.
Beneficial Use of Water
- It 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.
Article 25
- A holder of a water permit may demand
the establishment of easements
necessary for the construction and
maintenance of the works and facilities
needed for the beneficial use of the
waters to be appropriated, subject to the
requirements of just compensation and
to the following conditions:
1. That he is the owner, lessee,
mortgagee or one having real
right over the land upon which
he proposes to use water; and
2. That the proposed easement is
the most convenient and the
least onerous to the servient
estate.
3. Easements relating to the
appropriation and use of waters
may be modified by agreement
of the contracting parties
provided the same is not
contrary to law or prejudicial to
third persons.
Article 29
- Water permits may be revoked after due
notice and hearing on grounds of:
1. Non-use;
2. Gross violation of the
conditions imposed in the
permit;
3. Unauthorized sale of water;
4. Willful failure or refusal to
comply with rules and
regulations or any lawful order;
5. Pollution;
6. Public nuisance; or
 7. Acts detrimental to public
health and safety;
8. When the appropriator is found
to be disqualified under the law
to exploit and develop natural
resources of the Philippines;
9. When, in the case of irrigation,
the land is converted to non-
agricultural purposes; and
10. Other similar grounds.
Article 39
- Except in cases of emergency to save
life or property, the construction or
repair of the following works shall be
undertaken only after the plans and
specifications therefor, as may be
required by the Council, are approved
by the proper government agency:
1. Dams for the diversion or
storage of water;
2. Structures for the use of water
power;
3. Installation for the utilization of
subterranean or ground water
and
4. Other structures for utilization
of water resources.
Article 76
- The establishment of cemeteries and
waste disposal areas that may affect the
source of a water supply or a reservoir
for domestic or municipal use shall be
subject to the rules and regulations
promulgated by the Department of
Health.
Article 79
- The administration and enforcement of
the provisions of this Code, including
the granting of permits and the
imposition of penalties for
administrative violation thereof, are
hereby vested in the Council, and except
in regard to those functions which under
the Code are specifically conferred upon
other agencies of the government, the
Council is hereby empowered to make
all decisions and determinations
provided for in this Code.
Republic Act No. 9275 also known as the
Philippine Clean Water Act of 2004
Article 1: Declaration of Principles and
Policies
Section 2: Declaration of Policy.
- The State shall pursue a policy of
economic growth in a manner consistent
with the protection, preservation and
revival of the quality of our fresh,
brackish and marine waters. To achieve
this end, the framework for sustainable
development shall be pursued. As such,
it shall be the policy of the State:
a) To streamline processes and
procedures in the prevention,
control and abatement of
pollution of the country’s water
resources;
b) To promote environmental
strategies, use of appropriate
economic instruments and of
control mechanisms for the
protection of water resources;
c) To formulate a holistic national
program of water quality
management that recognizes
that water quality management
issues cannot be separated from
concerns about water sources
and ecological protection, water
supply, public health and quality
of life;
d) To formulate an integrated water
quality management framework
through proper delegation and
 effective coordination of
functions and activities;
e) To promote commercial and
industrial processes and
products that are environment
friendly and energy efficient;
f) To encourage cooperation and
self-regulation among citizens
and industries through the
application of incentives and
market-based instruments and to
promote the role of private
industrial enterprises in shaping
its regulatory profile within the
acceptable boundaries of public
health and environment;
g) To provide for a comprehensive
management program for water
pollution focusing on pollution
prevention;
h) To promote public information
and education and to encourage
the participation of an informed
and active public in water
quality management and
monitoring;
i) To formulate and enforce a
system of accountability for
short and long-term adverse
environmental impact of a
project, program or activity; and
j) To encourage civil society and
other sectors, particularly labor,
the academe and business
undertaking
environment-related activities in
their efforts to organize, educate
and motivate the people in
addressing pertinent
environmental issues and
problems at the local and
national levels.
Section 3: Coverage of the Act.
- This Act shall apply to water quality
management in all water bodies:
Provided, That it shall primarily apply to
the abatement and control of pollution
from land based sources: Provided,
further, That the water quality standards
and regulations and the civil liability
and penal provisions under this Act shall
be enforced irrespective of sources of
pollution.
Chapter 2: Water Quality Management
System
Article 1: General Provisions
Section 5: Water Quality Management Area.
- The Department, in coordination with
National Water Resources Board
(NWRB), shall designate certain areas
as water quality management areas
using appropriate physiographic units
such as watershed, river basins or water
resources regions. Said management
areas shall have similar hydrological,
hydrogeological, meteorological or
geographic conditions which affect the
physicochemical, biological and
bacteriological reactions and diffusions
of pollutants in the water bodies, or
otherwise share common interest or face
similar development programs,
prospects, or problems.
- Said management area shall be governed
by a governing board composed of
representatives of mayors and governors
of member local government units
(LGUs), and representatives of relevant
national government agencies, duly
registered non governmental
organization, water utility sector, and
business sector. The Department
representative shall chair the governing
board. In the case of the LGUs with
memberships on more than one (1)
management board, the LGU shall
 designate only one (1) single
representative for all the management
areas where it is a member.
- The governing board shall formulate
strategies to coordinate policies
necessary for the effective
implementation of this Act in
accordance with those established in the
framework and monitor the compliance
with the action plan.
Section 6: Management of Non-attainment
Areas.
- The Department shall designate water
bodies, or portions thereof, where
specific pollutants from either natural or
man-made source have already
exceeded water quality guidelines as
non-attainment areas for the exceeded
pollutants. It shall prepare and
implement a program that will not allow
new sources of exceeded water pollutant
in non-attainment areas without a
corresponding reduction in discharges
from existing sources: Provided, That if
the pollutant is naturally occurring, e.g.
naturally high boron and other elements
in geothermal areas, discharge of such
pollutant may be allowed: Provided,
further, That the effluent concentration
of discharge shall not exceed the
naturally occurring level of such
pollutant in the area: Provided, finally,
That the effluent concentration and
volume of discharge shall not adversely
affect water supply, public health and
ecological protection.
- The Department shall, in coordination
with NWRB, Department of Health
(DOH), Department of Agriculture
(DA), governing board and other
concerned government agencies and
private sectors shall take such measures
as may be necessary to upgrade the
quality of such water in non-attainment
areas to meet the standards under which
it has been classified.
- Upgrading of water quality shall
likewise include undertakings which
shall improve the water quality of a
water body to a classification that will
meet its projected or potential use.
- The LGUs shall prepare and implement
contingency plans and other measures
including relocation, whenever
necessary, for the protection of health
and welfare of the residents within
potentially affected areas.
Section 7: National Sewerage and Septage
Management Program.
- The Department of Public Works and
Highways (DPWH), through its relevant
attached agencies, in coordination with
the Department, LGUs and other
concerned agencies, shall, as soon as
possible, but in no case exceeding a
period of twelve (12) months from the
effectivity of this Act, prepare a national
program on sewerage and septage
management in connection with Section
8 hereof.
- Such program shall include a priority
listing of sewerage, septage and
combined sewerage-septage projects for
LGUs based on population density and
growth, degradation of water resources,
topography, geology, vegetation,
programs/projects for the rehabilitation
of existing facilities and such other
factors that the Secretary may deem
relevant to the protection of water
quality. On the basis of such national
listing, the national government may
allot, on an annual basis, funds for the
construction and rehabilitation of
required facilities.
- Each LGU shall appropriate the
necessary land, including the required
rights-of-way/road access to the land for
 the construction of the sewage and/or
septage treatment facilities.
- Each LGU may raise funds to subsidize
necessary expenses for the operation and
maintenance of sewerage treatment or
septage facility servicing their area of
jurisdiction through local property taxes
and enforcement of a service fee system.
Section 8: Domestic Sewage Collection,
Treatment and Disposal.
- Within five (5) years following the
effectivity of this Act, the agency vested
to provide water supply and sewerage
facilities and/or concessionaires in
Metro Manila and other highly
urbanized cities (HUCs) as defined in
Republic Act No. 7160, in coordination
with LGUs, shall be required to connect
the existing sewage line found in all
subdivisions, condominiums,
commercial centers, hotels, sports and
recreational facilities, hospitals, market
places, public buildings, industrial
complex and other similar
establishments including households to
available sewerage system: Provided,
That the said connection shall be subject
to sewerage services charge/fees in
accordance with existing laws, rules or
regulations unless the sources had
already utilized their own sewerage
system: Provided, further, That all
sources of sewage and septage shall
comply with the requirements herein.
- In areas not considered as HUCs, the
DPWH in coordination with the
Department, DOH and other concerned
agencies, shall employ septage or
combined sewage-septage management
systems. For the purpose of this section,
the DOH, in coordination with other
government agencies, shall formulate
guidelines and standards for the
collection, treatment and disposal of
sewage including guidelines for the
establishment and operation of
centralized sewage treatment systems.
Section 9: National Water Quality Management
Fund.
- A water quality management fund, to be
administered by the Department, in
coordination with other concerned
agencies, as a special account in the
National Treasury is hereby established.
The fund shall be used to finance the
following:
a) Finance containment and
clean-up operations of the
government in water pollution
cases;
b) Guarantee restoration of
ecosystems and rehabilitation of
affected areas;
c) Support research, enforcement
and monitoring activities;
d) Provide technical assistance to
the implementing agencies;
e) Grant rewards and incentives;
f) Support information and
educational campaign; and
g) Such other disbursements made
solely for the prevention,
control or abatement of water
pollution and management and
administration of the
management areas in the
amounts authorized by the
Department.
Section 10: The Area Water Quality
Management Fund.
- The area water quality management
fund is hereby established for the
maintenance and upkeep of the water
bodies in a water quality management
area. The fund shall be utilized for the
grant of rewards and incentives for
entities whose effluent discharges are
better than the water quality criteria of
 the target classification of the receiving
body of water, loans for acquisitions and
repairs of facilities to reduce quantity
and improve quality of wastewater
discharges, and regular maintenance of
the water bodies within the management
area.
- An amount of not more than ten percent
(10%) of the total amount accruing to
the funds annually shall be allocated for
the operational expenses of the
governing board, its secretariat and
multi-sectoral water quality surveillance
and monitoring network.
Section 11: Water Quality Variance for
Geothermal and Oil and Gas Exploration.
- The Department may provide variance
in water quality criteria and standards
for geothermal exploration that
encounters reinjection constraints:
Provided, That there shall be provision
for adequate protection of beneficial use
of water bodies downstream of the
geothermal project: Provided, further,
That this provision may be applied to oil
and gas exploration as determined by
the Department.
Section 12: Categories of Industry Sector.
- Within twenty-four (24) months from
the effectiveness of this Act, and every
two (2) years thereafter, the Department
shall, through due public consultation,
revise and publish a list of categories of
industry sector for which effluent
standards will be provided for each
significant wastewater parameter per
industry sector. The Department shall
provide additional classification based
on other parameters specifically
associated with discharge of a particular
industry which shall be included in the
listing of categories prescribed in the
preceding paragraph.
Article 2: Water Pollution Permits and Charges
Section 13: Wastewater Charge System.
- The Department shall implement a
wastewater charge system in all
management areas including the Laguna
Lake Region and Regional Industrial
Centers through the collection of
wastewater charges/fees. The system
shall be established on the basis of
payment to the government for
discharging wastewater into the water
bodies. Wastewater charges shall be
established taking into consideration the
following:
(a) To provide strong economic
inducement for polluters to
modify their production or
management processes or to
invest in pollution control
technology in order to reduce
the amount of water pollutants
generated;
(b) To cover the cost of
administering water quality
management or improvement
programs;
(c) Reflect damages caused by
water pollution on the
surrounding environment,
including the cost of
rehabilitation;
(d) Type of pollutant;
(e) Classification of the receiving
water body; and
(f) Other special attributes of the
water body.
- The fee shall be based on the net waste
load depending on the wastewater
charge formula which shall be
established with due public consultation
within six (6) months from the
effectivity of this Act: Provided, That
net waste load shall refer to the
difference of the initial waste load of the
 abstracted water and the waste load of
the final effluent discharge of an
industry: Provided, further, That no net
waste load shall be lower than the initial
waste load: Provided, finally, That
wastewater charge system shall not
apply to wastewater from geothermal
exploration.
Section 14: Discharge Permits.
- The Department shall require owners or
operators of facilities that discharge
regulated effluents pursuant to this Act
to secure a permit to discharge. The
discharge permit shall be the legal
authorization granted by the Department
to discharge wastewater: Provided, That
the discharge permit shall specify
among others, the quantity and quality
of effluent that said facilities are allowed
to discharge into a particular water body,
compliance schedule and monitoring
requirement.
- As part of the permitting procedure, the
Department shall encourage the
adoption of waste minimization and
waste treatment technologies when such
technologies are deemed cost effective.
The Department shall also develop
procedures to relate the current water
quality guideline or the projected water
quality guideline of the receiving water
body/ies with total pollution loadings
from various sources, so that effluent
quotas can be properly allocated in the
discharge permits. For industries
without any discharge permit, they may
be given a period of twelve (12) months
after the effectiveness of the
implementing rules and regulations
promulgated pursuant to this Act, to
secure a discharge permit. Effluent
trading may be allowed per management
area.
Article 3: Financial Liability Mechanism
Section 15: Financial Liability for
Environmental Rehabilitation.
- The Department shall require program
and project proponents to put up
environmental guarantee fund (EGF) as
part of the environmental management
plan attached to the environmental
compliance certificate pursuant to
Presidential Decree No. 1586 and its
implementing rules and regulations. The
EGF shall finance the maintenance of
the health of the ecosystems and
specially the conservation of watersheds
and aquifers affected by the
development, and the needs of
emergency response, clean-up or
rehabilitation of areas that may be
damaged during the program’s or
project’s actual implementation.
Liability for damages shall continue
even after the termination of a program
or project and, until the lapse of a given
period indicated in the environmental
compliance certificate, as determined by
the Department.
- The EGF may be in the form of a trust
fund, environmental insurance, surety
bonds, letters of credit, self-insurance
and any other instruments which may be
identified by the Department. The
choice of the guarantee instrument or
combinations thereof shall depend,
among others, on the assessment of the
risks involved and financial test
mechanisms devised by the Department.
Proponents required to put up guarantee
instruments shall furnish the Department
with evidence of availment of such
instruments from accredited financial
instrument providers.
Section 16: Clean-Up Operations.
- Notwithstanding the provisions of
Sections 15 and 26 hereof, any person
 who causes pollution in or pollutes
water bodies in excess of the applicable
and prevailing standards shall be
responsible to contain, remove and
clean-up any pollution incident at his
own expense to the extent that the same
water bodies have been rendered unfit
for utilization and beneficial use:
Provided, That in the event emergency
clean-up operations are necessary and
the polluter fails to immediately
undertake the same, the Department, in
coordination with other government
agencies concerned, shall conduct
containment, removal and clean-up
operations. Expenses incurred in said
operations shall be reimbursed by the
persons found to have caused such
pollution upon proper administrative
determination in accordance with this
Act. Reimbursements of the cost
incurred shall be made to the Water
Quality Management Fund or to such
other funds where said disbursements
were sourced.
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) development consisting of a
series of similar projects, or a
project subdivided into several
phases and/or stages whether
situated in a contiguous area or
geographically dispersed; and
b) development consisting of
several components or a cluster
of projects co-located in an area
such as an industrial estate, an
export processing zone, or a
development zone identified in
a local land use plan.
- Programmatic compliance with the
environmental impact assessment
system shall be guided by carrying
capacity assessments determined from
ecological profiles.
- Ecological profiles shall identify
environmental constraints and
opportunities in programmatic areas.
Programmatic assessment shall also take
into account cumulative impacts and
risks.
- Consistent with the provisions of the
Local Government Code, the
Department may enter into agreement
with LGUs to incorporate programmatic
environmental impact assessment into
the preparation, updating or revision of
local land use plans and area
development plans.
Section 18: Environmental Impact Assessment
System Programmatic Compliance with Water
Quality Standards.
- The Department may allow each
regional industrial center established
pursuant to Republic Act No. 7916
(PEZA law) to allocate effluent quotas
to pollution sources within its
jurisdiction that qualify under an
environmental impact assessment
system programmatic compliance
program in accordance with Presidential
Decree No. 1586 and its implementing
rules and regulations.
Chapter 3: Institutional Mechanism
Section 19: Lead Agency.
- The Department 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:
a) Prepare a National Water
Quality Status Report within
twenty-four (24) months from
the effectivity of this Act:
Provided, That the Department
shall thereafter review or revise
and publish annually, or as the
need arises, said report;
b) Prepare an Integrated Water
Quality Management
Framework within twelve (12)
months following the
completion of the status report;
c) Prepare a ten (10)-year Water
Quality Management Area
Action Plan within twelve (12)
months following the
completion of the framework
for each designated water
management area. Such action
plan shall be reviewed by the
water quality management area
governing board every five (5)
years or as the need arises;
d) Prepare and publish a national
groundwater vulnerability map
incorporating the prevailing
standards and methodologies,
within twenty-four (24) months
after the effectivity of this Act;
e) Enforce, review and revise
within twelve (12) months from
the effectivity of this Act water
quality guidelines after due
consultation with the concerned
stakeholder sectors: Provided,
That the Department, in
coordination with appropriate
agencies shall review said
guidelines every five (5) years
or as need arises;
f) Review and set effluent
standards every five (5) years
from the effectivity of this Act
or sooner as determined by the
Department: Provided, That in
the interim, the provisions of
DENR Administrative Order
No. 35 of the Department shall
apply: Provided, further, That
when new and more stringent
standards are set in accordance
with this section, the
Department may establish a
grace period with a maximum of
five (5) years: Provided, finally,
That such grace period shall be
limited to the moratorium on the
issuance of cease and desist
and/or closure order against the
industry’s operations except in
the event such operation poses
serious and grave threat to the
environment, or the industry
fails to institute retooling,
upgrading or establishing an
environmental management
system (EMS).
g) Establish within twelve (12)
months from the effectivity of
this Act,
internationally-accepted
procedures for sampling and
analysis of pollutants and in
coordination with other
concerned agencies, formulate
testing procedures and establish
an accreditation system for
laboratories;
h) Within eighteen (18) months
from the effectivity of this Act
and every two (2) years
thereafter, categorize point and
nonpoint sources of water
pollution;
i) Classify groundwater sources
within twelve (12) months from
the effectivity of this Act;
j) Classify or reclassify all water
bodies according to their
beneficial usages: Provided,
That in the interim, the
provisions of DENR
Administrative Order No. 34
shall apply: Provided, further,
That such classification or
reclassification shall take into
consideration the operation of
businesses or facilities that are
existing prior to the effectivity
of the Act: Provided,
furthermore, That the
Department may authorize the
use of the water for other
purposes that are more
restrictive in classification:
Provided, finally, That
discharges resulting from such
use shall meet the effluent
standards set by the
Department;
k) Exercise jurisdiction over all
aspects of water pollution,
determine its location,
magnitude, extent, severity,
causes, effects and other
pertinent information on
pollution, and to take measures,
using available methods and
technologies to prevent and
abate such pollution;
l) Exercise supervision and control
over all aspects of water quality
management;
m) Establish a cooperative effort in
partnership with the
government, LGUs, academic
institutions, civil society and the
private sector to attain the
objectives of this Act;
n) Disseminate information and
conduct educational awareness
and value formation programs
and campaigns on the effects of
water pollution on health and
environment, water quality
management, and resource
conservation and recovery to
encourage an environmentally
action-oriented society in
coordination with government
agencies identified in Section 22
(f);
o) Promote and encourage private
and business sectors especially
manufacturing and processing
plants the use of water quality
management systems
equipment, including but not
limited to, industrial wastewater
treatment collection and
treatment facilities;
p) Report, on an annual basis, to
Congress the quality status of
water bodies and other pertinent
information and recommend
possible legislation, policies and
programs for environmental
management and water
pollution control;
q) Issue rules and regulations for
the effective implementation of
the provisions of this Act;
r) Issue orders against any person
or entity and impose fines,
penalties and other
administrative sanctions to
compel compliance with water
quality regulations and the
provisions of this Act;
s) Undertake appropriate protocol
with other concerned agencies
for immediate coordinated
responses to water related
emergency incidents;
 t) Issue permits, clearances and
similar instruments pursuant to
this Act; and
u) Exercise such powers and
perform such other functions as
may be necessary to carry out
the objectives of this Act.
- 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 LGU or the
governing board has demonstrated
readiness and technical capability to
undertake such functions.
Section 20: Role of Local Government Units
(LGUs).
- LGUs shall share the responsibility in
the management and improvement of
water quality within their territorial
jurisdictions.
- Each LGU shall within six (6) months
after the establishment of the water
quality management area action plan
prepare a compliance scheme in
accordance thereof, subject to review
and approval of the governing board.
- Each LGU shall, through its
Environment and Natural Resources
Office (ENRO) established in Republic
Act No. 7160, have the following
powers and functions:
a) Monitoring 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 control
water pollution: Provided,
however, That in
provinces/cities/municipalities
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: Provided, finally,
That in case an employee is
designated as such, he must
have sufficient experience in
environmental and natural
resources management,
conservation and utilization.
Section 21: Business and Industry Role in
Environmental Management.
- The Department and the LGUs, in
coordination with the appropriate
government agencies, and in
consultation with the business and
industrial sectors including chambers of
commerce, shall formulate appropriate
incentives for the adoption of
procedures that will preserve and protect
our water bodies through the
introduction of innovative equipment
and processes that reduce if not totally
eliminate the discharge of pollutants into
our water bodies.
Section 22: Linkage Mechanism.
- The Department and its concerned
attached agencies including LLDA shall
coordinate and enter into agreement
with other government agencies,
industrial sector and other concerned
sectors in the furtherance of the
objectives of this Act. The following
agencies shall perform the functions
specified hereunder:
a. Philippine Coast Guard in
coordination with the DA and
the Department shall enforce for
the enforcement of water quality
standards in marine waters, set
pursuant to this Act, specifically
from offshore sources;
b. DPWH through its attached
agencies, such as the MWSS,
LWUA, and including other
urban water utilities for the
provision of sewerage and
sanitation facilities and the
efficient and safe collection,
treatment and disposal of
sewage within their area of
jurisdiction;
c. DA, shall coordinate with the
Department, in the formulation
of guidelines for the re-use of
wastewater for irrigation and
other agricultural uses and for
the prevention, control and
abatement of pollution from
agricultural and aquaculture
activities: Provided, That
discharges coming from
non-point sources be
categorized and further defined
pursuant to this Act: Provided,
further, That the Bureau of
Fisheries and Aquatic Resources
(BFAR) of the DA shall be
primarily responsible for the
prevention and control of water
pollution for the development
management and conservation
of the fisheries and aquatic
resources;
d. DOH shall be primarily
responsible for the
promulgation, revision and
enforcement of drinking water
quality standards;
e. DOST, in coordination with the
Department and other concerned
agencies shall prepare a
program for the evaluation,
verification, development and
public dissemination of
pollution prevention and cleaner
production technologies; and
f. Department of Education
(DepEd), Commission on
Higher Education (CHED),
Department of the Interior and
Local Government (DILG) and
Philippine Information Agency
(PIA) shall assist and coordinate
with the Department in the
preparation and implementation
of a comprehensive and
continuing public education and
information program pursuant to
the objectives of this Act.
Section 23: Requirement of Record-keeping,
Authority for Entry to Premises and Access to
Documents.
- The Department or its duly authorized
representative shall, after proper
consultation and notice, require any
person who owns or operates any
pollution source or who is subject to any
requirement of this Act to submit reports
and other written information as may be
required by the Department.
- Any record, report or information
obtained under this section shall be
made available to the public, except
upon a satisfactory showing to the
Department by the entity concerned that
 the record, report, or information or
parts thereof, if made public, would
divulge secret methods or processes
entitled to protection as intellectual
property. Such record, report or
information shall likewise be
incorporated in the Department’s
industrial rating system. Pursuant to this
Act, the Department, through its
authorized representatives, shall have
the right to: (a) enter any premises or to
have access to documents and relevant
materials as referred to in the herein
preceding paragraph; (b) inspect any
pollution or waste source, control
device, monitoring equipment or method
required; and (c) test any discharge.
- In cases of fish kill incidence, the
Bureau of Fisheries of the DA, in the
course of its investigation, may enter the
premises of an establishment reported to
have caused said incident.
Section 24: Pollution Research and
Development Programs
- The Department, in coordination with
the Department of Science and
Technology (DOST), and other
concerned agencies and academic
research institutions, shall establish a
national research and development
program for the prevention and control
of water pollution. As part of said
program, the DOST shall conduct and
promote the coordination and
acceleration of research, investigation,
experiments, training, surveys and
studies relating to the causes, extent,
prevention and control of pollution
among concerned government agencies
and research institutions.
LESSON X: REPUBLIC ACT 10173 ALSO
KNOWN AS DATA PRIVACY ACT OF 2012
Data Privacy Act of 2012
- An Act Protecting Individual Personal
Information in Information and
Communications Systems in the
Government and the Private Sector,
Creating for this Purpose a National
Privacy Commission, and for Other
Purposes.
Section 2: Declaration of Policy.
- The State's policy prioritizes protecting
the fundamental human right of privacy
and communication, promoting
innovation and growth through free
information flow. It acknowledges the
importance of information and
communications technology in
nation-building and its obligation to
secure and protect personal information
in government and private sectors.
Section 4: Scope.
- The Act applies to all types of personal
information processing and all
individuals involved, including
controllers and processors using
equipment in the Philippines, as long as
Section 5 requirements are met. The Act
does not apply to information about
individuals who were or were officers or
employees of a government institution,
including their position, salary range,
and responsibilities. It does not apply to
information about individuals
performing services under contract,
discretionary benefits, personal
information processed for journalistic,
artistic, literary, or research purposes, or
information necessary for public
authority functions. The Act does not
amend or repeal Republic Act No. 1405,
6426, 9510, or 9160, as well as the
Anti-Money Laundering Act and other
applicable laws. It also does not apply to
 personal information collected from
residents of foreign jurisdictions in
accordance with their respective laws.
Section 5: Protection Afforded to Journalists
and Their Sources.
- This Act does not alter or repeal
Republic Act No. 53, which grants
publishers, editors, or accredited
reporters confidentiality in revealing
news reports related to them.
Section 6: Extraterritorial Application.
- This Act applies to any act or practice
by an entity outside the Philippines if it
involves personal information about a
Philippine citizen or resident, has a link
with the Philippines, and is processing
personal information in the Philippines
or outside the country, such as entering a
contract in the Philippines, managing an
unincorporated juridical entity with
central management and control in the
country, having a branch, agency, office,
or subsidiary in the Philippines, or
having other links in the Philippines,
such as conducting business or
collecting or holding personal
information.
Chapter 2: The National Privacy Commission
Section 7: Functions of the National Privacy
Commission.
- The National Privacy Commission is an
independent body established to
administer and implement the provisions
of this Act and monitor compliance with
international standards for data
protection. Its functions include
ensuring compliance of personal
information controllers, receiving
complaints, instituting investigations,
adjudicating, awarding indemnity,
preparing reports, and publicizing them.
The Commission acts as a collegial
body, allowing access to personal
information subject to complaints and
collecting necessary information.
- Issue cease and desist orders, impose
temporary or permanent bans on the
processing of personal information, and
compel entities, government agencies,
and instrumentalities to abide by its
orders. Monitor compliance with other
government agencies and coordinate
with the private sector on strengthening
personal information protection plans.
- Publish a guide to all data protection
laws and compile a compilation of
agency records and notices. Recommend
prosecution and imposition of penalties
to the Department of Justice. Review,
approve, reject, or require modification
of privacy codes voluntarily adhered to
by personal information controllers,
including private dispute resolution
mechanisms. Consult with relevant
regulatory agencies in formulating and
administering privacy codes.
- Provide assistance on matters relating to
privacy or data protection at the request
of national or local agencies, private
entities, or individuals. Comment on the
implications of proposed statutes,
regulations, or procedures on data
privacy, propose legislation, ensure
coordination with data privacy
regulators in other countries, negotiate
cross-border application and
implementation of privacy laws, and
assist in the implementation of privacy
laws.
Section 8: Confidentiality
- The Commission shall ensure at all
times the confidentiality of any personal
information that comes to its knowledge
and possession.

Section 9: Organizational Structure of the
Commission.
- The Commission shall be attached to the
Department of Information and
Communications Technology (DICT)
and shall be headed by a Privacy
Commissioner, who shall also act as
Chairman of the Commission. The
Privacy Commissioner shall be assisted
by two (2) Deputy Privacy
Commissioners, one to be responsible
for Data Processing Systems and one to
be responsible for Policies and Planning.
The Privacy Commissioner and the two
(2) Deputy Privacy Commissioners shall
be appointed by the President of the
Philippines for a term of three (3) years,
and may be reappointed for another term
of three (3) years. Vacancies in the
Commission shall be filled in the same
manner in which the original
appointment was made.
- The Privacy Commissioner must be at
least thirty-five (35) years of age and of
good moral character, unquestionable
integrity and known probity, and a
recognized expert in the field of
information technology and data
privacy. The Privacy Commissioner
shall enjoy the benefits, privileges and
emoluments equivalent to the rank of
Secretary.
- The Deputy Privacy Commissioners
must be recognized experts in the field
of information and communications
technology and data privacy. They shall
enjoy the benefits, privileges and
emoluments equivalent to the rank of
Undersecretary.
- The Privacy Commissioner, the Deputy
Commissioners, or any person acting on
their behalf or under their direction,
shall not be civilly liable for acts done in
good faith in the performance of their
duties. However, he or she shall be
liable for willful or negligent acts done
by him or her which are contrary to law,
morals, public policy and good customs
even if he or she acted under orders or
instructions of superiors: Provided, That
in case a lawsuit is filed against such
official on the subject of the
performance of his or her duties, where
such performance is lawful, he or she
shall be reimbursed by the Commission
for reasonable costs of litigation.
Section 10: The Secretariat.
- The Commission is hereby authorized to
establish a Secretariat. Majority of the
members of the Secretariat must have
served for at least five (5) years in any
agency of the government that is
involved in the processing of personal
information including, but not limited
to, the following offices: Social Security
System (SSS), Government Service
Insurance System (GSIS), Land
Transportation Office (LTO), Bureau of
Internal Revenue (BIR), Philippine
Health Insurance Corporation
(PhilHealth), Commission on Elections
(COMELEC), Department of Foreign
Affairs (DFA), Department of Justice
(DOJ), and Philippine Postal
Corporation (Philpost).
Chapter 3: Processing of Personal Information
Section 11: General Data Privacy Principles.
- The processing of personal information
shall be allowed, subject to compliance
with the requirements of this Act and
other laws allowing disclosure of
information to the public and adherence
to the principles of transparency,
legitimate purpose, and proportionality.
Section 12: Criteria for Lawful Processing of
Personal Information.
- The Philippine Constitution outlines the
criteria for the lawful processing of
personal information. It states that
processing is permitted only if the data
subject has given consent, if the
processing is necessary for the
fulfillment of a contract, if it is
necessary for compliance with a legal
obligation, if it protects the data
subject's vital interests, if it is necessary
for national emergency, public order,
safety, or public authority functions, or
if it is necessary for the legitimate
interests of the personal information
controller or third parties, except when
these interests are overridden by the data
subject's fundamental rights and
freedoms, which require protection
under the Philippine Constitution.
Section 13: Sensitive Personal Information
and Privileged Information.
- The processing of sensitive personal
information and privileged information
is prohibited unless the data subject has
given their consent, existing laws and
regulations provide for processing, the
processing is necessary to protect the
life and health of the data subject or
another person, the processing is
necessary to achieve the lawful and
noncommercial objectives of public
organizations and their associations, the
processing is necessary for purposes of
medical treatment, or the processing
concerns the protection of lawful rights
and interests of natural or legal persons
in court proceedings, the establishment,
exercise or defense of legal claims, or
when provided to government or public
authority. The consent of the data
subject is not required by law or
regulation permitting the processing of
these types of information.
Section 14: Subcontract of Personal
Information.
- A personal information controller may
subcontract the processing of personal
information: Provided, That the personal
information controller shall be
responsible for ensuring that proper
safeguards are in place to ensure the
confidentiality of the personal
information processed, prevent its use
for unauthorized purposes, and
generally, comply with the requirements
of this Act and other laws for processing
of personal information. The personal
information processor shall comply with
all the requirements of this Act and
other applicable laws.
Section 15: Extension of Privileged
Communication.
- Personal information controllers may
invoke the principle of privileged
communication over privileged
information that they lawfully control or
process. Subject to existing laws and
regulations, any evidence gathered on
privileged information is inadmissible.
Chapter 4: The Rights of the Data Subject
Section 16: Rights of the Data Subject
- The data subject must be informed about
the processing of their personal
information, and provided with
information about the purpose, scope,
method, recipients, automated access
methods, the controller's identity and
contact details, storage period, and their
rights. This information cannot be
amended without prior notification,
except when necessary for a subpoena,
 contract or service, employer-employee
relationship, or legal obligation.
- The data subject can request reasonable
access to their processed information,
including content, sources, recipients,
processing methods, reasons for
disclosure, automated processes, date of
last access, and the controller's
designation. They can dispute
inaccuracies or errors and have the
controller correct them, unless the
request is unreasonable. If the
information is incorrect, the controller
must ensure accessibility and
simultaneous receipt by recipients.
- The data subject can suspend, withdraw,
or block their personal information upon
discovery of inaccuracies or
unauthorized use. The controller may
notify third parties who have received
the information. They must also be
indemnified for damages resulting from
such information.
Section 17: Transmissibility of Rights of the
Data Subject.
- The lawful heirs and assigns of the data
subject may invoke the rights of the data
subject for, which he or she is an heir or
assignee at any time after the death of
the data subject or when the data subject
is incapacitated or incapable of
exercising the rights as enumerated in
the immediately preceding section.
Section 18: Right to Data Portability.
- The data subject shall have the right,
where personal information is processed
by electronic means and in a structured
and commonly used format, to obtain
from the personal information controller
a copy of data undergoing processing in
an electronic or structured format, which
is commonly used and allows for further
use by the data subject. The
Commission may specify the electronic
format referred to above, as well as the
technical standards, modalities and
procedures for their transfer.
Section 19: Non-Applicability.
- The immediately preceding sections are
not applicable if the processed personal
information are used only for the needs
of scientific and statistical research and,
on the basis of such, no activities are
carried out and no decisions are taken
regarding the data subject: Provided,
That the personal information shall be
held under strict confidentiality and
shall be used only for the declared
purpose. Likewise, the immediately
preceding sections are not applicable to
processing of personal information
gathered for the purpose of
investigations in relation to any
criminal, administrative or tax liabilities
of a data subject.
Section 20: Security of Personal Information.
- The personal information controller
must implement measures to protect
personal information from accidental or
unlawful destruction, alteration, and
disclosure. These measures must
consider the nature of the information,
risks, organization size, complexity, data
privacy best practices, and
implementation costs. The measures
include safeguards for computer
networks, a security policy, a process for
identifying and accessing
vulnerabilities, and regular monitoring
for security breaches. The controller
must ensure third parties processing
personal information on its behalf
implement these measures. Employees,
agents, or representatives involved in
 processing personal information must
operate and hold it under strict
confidentiality.
- The controller must promptly notify the
Commission and affected data subjects
when sensitive information is believed
to have been acquired by an
unauthorized person, and the risk of
serious harm is likely. Notification may
be delayed only to determine the scope
of the breach, prevent further
disclosures, or restore integrity to the
information and communications
system. The Commission may also
exempt a controller from notification if
it is not in the public interest or affected
data subjects' interests.
Chapter 4: Accountability for Transfer of
Personal Information
Section 21: Principle of Accountability.
- Each personal information controller is
responsible for personal information
under its control or custody, including
information that has been transferred to
a third party for processing, whether
domestically or internationally, subject
to cross-border arrangement and
cooperation.
(a) The personal information
controller is accountable for
complying with the
requirements of this Act and
shall use contractual or other
reasonable means to provide a
comparable level of protection
while the information is being
processed by a third party.
(b) The personal information
controller shall designate an
individual or individuals who
are accountable for the
organization’s compliance with
this Act. The identity of the
individual(s) so designated shall
be made known to any data
subject upon request.
Chapter 7: Security of Sensitive Personal
Information in Government
Section 22: Responsibility of Heads of
Agencies.
- All sensitive personal information
maintained by the government, its
agencies and instrumentalities shall be
secured, as far as practicable, with the
use of the most appropriate standard
recognized by the information and
communications technology industry,
and as recommended by the
Commission. The head of each
government agency or instrumentality
shall be responsible for complying with
the security requirements mentioned
herein while the Commission shall
monitor the compliance and may
recommend the necessary action in
order to satisfy the minimum standards.
Section 23: Requirements Relating to Access
by Agency Personnel to Sensitive Personal
Information.
(a) On-site and Online Access – Except as
may be allowed through guidelines to be
issued by the Commission, no employee
of the government shall have access to
sensitive personal information on
government property or through online
facilities unless the employee has
received a security clearance from the
head of the source agency.
(b) Off-site Access – Unless otherwise
provided in guidelines to be issued by
the Commission, sensitive personal
information maintained by an agency
may not be transported or accessed from
a location off government property
unless a request for such transportation
 or access is submitted and approved by
the head of the agency in accordance
with the following guidelines:
1. Deadline for Approval or
Disapproval – In the case of any
request submitted to the head of
an agency, such head of the
agency shall approve or
disapprove the request within
two (2) business days after the
date of submission of the
request. In case there is no
action by the head of the
agency, then such request is
considered disapproved;
2. Limitation to One thousand
(1,000) Records – If a request is
approved, the head of the
agency shall limit the access to
not more than one thousand
(1,000) records at a time; and
3. Encryption – Any technology
used to store, transport or access
sensitive personal information
for purposes of off-site access
approved under this subsection
shall be secured by the use of
the most secure encryption
standard recognized by the
Commission.
- The requirements of this subsection
shall be implemented not later than six
(6) months after the date of the
enactment of this Act.
Section 24: Applicability to Government
Contractors.
- In entering into any contract that may
involve accessing or requiring sensitive
personal information from one thousand
(1,000) or more individuals, an agency
shall require a contractor and its
employees to register their personal
information processing system with the
Commission in accordance with this Act
and to comply with the other provisions
of this Act including the immediately
preceding section, in the same manner
as agencies and government employees
comply with such requirements.
Chapter 8: Penalties
Section 25: Unauthorized Processing of
Personal Information and Sensitive Personal
Information.
(a) The unauthorized processing of personal
information shall be penalized by
imprisonment ranging from one (1) year
to three (3) years and a fine of not less
than Five hundred thousand pesos
(Php500,000.00) but not more than Two
million pesos (Php2,000,000.00) shall
be imposed on persons who process
personal information without the
consent of the data subject, or without
being authorized under this Act or any
existing law.
(b) The unauthorized processing of personal
sensitive information shall be penalized
by imprisonment ranging from three (3)
years to six (6) years and a fine of not
less than Five hundred thousand pesos
(Php500,000.00) but not more than Four
million pesos (Php4,000,000.00) shall
be imposed on persons who process
personal information without the
consent of the data subject, or without
being authorized under this Act or any
existing law.
Section 26: Accessing Personal Information
and Sensitive Personal Information Due to
Negligence.
(a) Accessing personal information due to
negligence shall be penalized by
imprisonment ranging from one (1) year
to three (3) years and a fine of not less
than Five hundred thousand pesos
 (Php500,000.00) but not more than Two
million pesos (Php2,000,000.00) shall
be imposed on persons who, due to
negligence, provided access to personal
information without being authorized
under this Act or any existing law.
(b) Accessing sensitive personal
information due to negligence shall be
penalized by imprisonment ranging
from three (3) years to six (6) years and
a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not
more than Four million pesos
(Php4,000,000.00) shall be imposed on
persons who, due to negligence,
provided access to personal information
without being authorized under this Act
or any existing law.
Section 27: Improper Disposal of Personal
Information and Sensitive Personal
Information.
(a) The improper disposal of personal
information shall be penalized by
imprisonment ranging from six (6)
months to two (2) years and a fine of not
less than One hundred thousand pesos
(Php100,000.00) but not more than Five
hundred thousand pesos
(Php500,000.00) shall be imposed on
persons who knowingly or negligently
dispose, discard or abandon the personal
information of an individual in an area
accessible to the public or has otherwise
placed the personal information of an
individual in its container for trash
collection.
(b) The improper disposal of sensitive
personal information shall be penalized
by imprisonment ranging from one (1)
year to three (3) years and a fine of not
less than One hundred thousand pesos
(Php100,000.00) but not more than One
million pesos (Php1,000,000.00) shall
be imposed on persons who knowingly
or negligently dispose, discard or
abandon the personal information of an
individual in an area accessible to the
public or has otherwise placed the
personal information of an individual in
its container for trash collection.
Section 28: Processing of Personal
Information and Sensitive Personal
Information for Unauthorized
Purposes.
- The processing of personal information
for unauthorized purposes shall be
penalized by imprisonment ranging
from one (1) year and six (6) months to
five (5) years and a fine of not less than
Five hundred thousand pesos
(Php500,000.00) but not more than One
million pesos (Php1,000,000.00) shall
be imposed on persons processing
personal information for purposes not
authorized by the data subject, or
otherwise authorized under this Act or
under existing laws. The processing of
sensitive personal information for
unauthorized purposes shall be
penalized by imprisonment ranging
from two (2) years to seven (7) years
and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not
more than Two million pesos
(Php2,000,000.00) shall be imposed on
persons processing sensitive personal
information for purposes not authorized
by the data subject, or otherwise
authorized under this Act or under
existing laws.
Section 29: Unauthorized Access or
Intentional Breach.
- The penalty of imprisonment ranging
from one (1) year to three (3) years and
a fine of not less than Five hundred
 thousand pesos (Php500,000.00) but not
more than Two million pesos
(Php2,000,000.00) shall be imposed on
persons who knowingly and unlawfully,
or violating data confidentiality and
security data systems, breaks in any way
into any system where personal and
sensitive personal information is stored.
Section 30: Concealment of Security Breaches
Involving Sensitive Personal Information.
- The penalty of imprisonment of one (1)
year and six (6) months to five (5) years
and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not
more than One million pesos
(Php1,000,000.00) shall be imposed on
persons who, after having knowledge of
a security breach and of the obligation to
notify the Commission pursuant to
Section 20(f), intentionally or by
omission conceals the fact of such
security breach.
Section 31: Malicious Disclosure.
- Any personal information controller or
personal information processor or any of
its officials, employees or agents, who,
with malice or in bad faith, discloses
unwarranted or false information
relative to any personal information or
personal sensitive information obtained
by him or her, shall be subject to
imprisonment ranging from one (1) year
and six (6) months to five (5) years and
a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not
more than One million pesos
(Php1,000,000.00).
Section 32: Unauthorized Disclosure.
(a) Any personal information controller or
personal information processor or any of
its officials, employees or agents, who
discloses to a third party personal
information not covered by the
immediately preceding section without
the consent of the data subject, shall he
subject to imprisonment ranging from
one (1) year to three (3) years and a fine
of not less than Five hundred thousand
pesos (Php500,000.00) but not more
than One million pesos
(Php1,000,000.00).
(b) Any personal information controller or
personal information processor or any of
its officials, employees or agents, who
discloses to a third party sensitive
personal information not covered by the
immediately preceding section without
the consent of the data subject, shall be
subject to imprisonment ranging from
three (3) years to five (5) years and a
fine of not less than Five hundred
thousand pesos (Php500,000.00) but not
more than Two million pesos
(Php2,000,000.00).
Section 33: Combination or Series of Acts.
- Any combination or series of acts as
defined in Sections 25 to 32 shall make
the person subject to imprisonment
ranging from three (3) years to six (6)
years and a fine of not less than One
million pesos (Php1,000,000.00) but not
more than Five million pesos
(Php5,000,000.00).
Section 34: Extent of Liability.
- If the offender is a corporation,
partnership or any juridical person, the
penalty shall be imposed upon the
responsible officers, as the case may be,
who participated in, or by their gross
negligence, allowed the commission of
the crime. If the offender is a juridical
person, the court may suspend or revoke
any of its rights under this Act. If the
offender is an alien, he or she shall, in
 addition to the penalties herein
prescribed, be deported without further
proceedings after serving the penalties
prescribed. If the offender is a public
official or employee and lie or she is
found guilty of acts penalized under
Sections 27 and 28 of this Act, he or she
shall, in addition to the penalties
prescribed herein, suffer perpetual or
temporary absolute disqualification from
office, as the case may be.

Section 35: Large-Scale.

- The maximum penalty in the scale of
penalties respectively provided for the
preceding offenses shall be imposed
when the personal information of at
least one hundred (100) persons is
harmed, affected or involved as the
result of the above mentioned actions.

Section 36: Offense Committed by Public

Officer.
- When the offender or the person
responsible for the offense is a public
officer as defined in the Administrative
Code of the Philippines in the exercise
of his or her duties, an accessory penalty
consisting in the disqualification to
occupy public office for a term double
the term of criminal penalty imposed
shall be applied.

Section 37: Restitution.

- Restitution for any aggrieved party shall
be governed by the provisions of the
New Civil Code.