Environmental Laws – Salient Provisions

(Please note that these are outlines and you need to refer to the provisions of the laws)

I. R.A. No. 8479 (Philippine Clean Air Act)

- Declaration of policy: focus is primarily on pollution prevention rather than on control and
to provide for a comprehensive management program for air pollution.
- Recognition of rights: note the right to participate in the formulation, planning,
implementation and monitoring of environmental policies and programs and in the decision-
making process. Also note the right to be informed of the nature and extent of potential
hazard; the right to access to public records; the right to bring an action (including
compensation for personal damages)

- Definition of Terms:
Air pollutant, air pollution, Certificate of Conformity, hazardous substances, infectious
waste, medical waste, poisonous and toxic fumes
- Pollution from motor vehicles – the Department of Transportation and Communication
shall implement emission standard for motor vehicles, and shall review, revise, and publish
the standards every two years.
- Any imported new or locally-assembled new motor vehicle shall not be registered unless it
complies with the emission standards set pursuant to the law, as evidenced by a Certificate
of Conformity (COC).
- In case of non-compliance, the importer or consignee may be allowed to modify or rebuilt
the vehicle engine to be compliant with the applicable emission standards.
- Pollution from smoking: smoking inside a public building or in an enclosed public place
including public vehicles and other means of transport or in any enclosed area outside of
one’s private residence, private place of work or any duly designated smoking area is
prohibited; LGUs are mandated to implement this provision.
- Ozone-depleting substances are to be phased out to comply with the Montreal Protocol.
- Philippine Atmospheric, Geophysical and Astronomical Services Administration
(PAGASA): responsible for monitoring meteorological factors affecting environmental
conditions including ozone depletion and greenhouse gases.
- Philippine Nuclear Research Institute (PNRI): regulates all projects which will involve the
use of atomic and/or nuclear energy, and will entail release and emission of radioactive
substances into the environment, incident to the establishment or possession of nuclear
energy facilities and radioactive materials, handling, transport, production, storage, and use
of radioactive materials.
- LGUs shall share responsibility in the management and maintenance of air quality within
their territorial jurisdiction.
- Pollution and Adjudication Board (PAB): shall have the sole and exclusive jurisdiction
over all cases of air pollution and all matters related thereto, including the imposition of
administrative sanctions.
- Rules of Procedure for Environmental Cases, citizen suits, SLAPP apply.
- In case of gross violation of this Act, PAB can recommend the filing of appropriate
criminal charges against the violators.

Case: Henares v. LTRFB, G.R. No. 158290, 23 October 2006

II. P.D. No 1067 (Water Code of the Philippines)

- All waters belong to the State.

- All waters that belong to the State cannot be the subject to acquisitive prescription.
- The State may allow the use or development of waters by administrative concession.
- Waters refer to water under the grounds, water above the ground, water in the atmosphere,
and the waters of the sea within the territorial jurisdiction of the Philippines.
- 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.
- Water may be appropriated for domestic, municipal, irrigation, power generation, fisheries,
livestock raising, industrial, recreational, and other purposes.
- Only citizens of the Philippines of legal age as well as juridical persons who are duly
qualified by law to exploit and develop water resources may apply for water permits
(including corporations with 60% of their capital stock owned by Filipino citizens).
- General rule: no person, including government instrumentalities or government-owned or
controlled corporations, shall appropriate water without a water right.

- Any person may appropriate or use natural bodies of water without securing a water permit
for any of the following:
(a) appropriation of water by means of hand carried receptacles; and
(b) bathing or washing, watering or dipping of domestic or farm animals, and navigation
of watercrafts or transportation of logs and other objects by flotation.

- Water permits may be revoked after due notice and hearing on grounds of non-use; gross
violation of the conditions imposed in the permit; unauthorized sale of water; willful failure
or refusal to comply with the rules and regulations of any lawful order; pollution, public
nuisance or acts detrimental to public health and safety; when the appropriator is found to
be disqualified under the law to exploit and develop natural resources of the country; when,
in the case of irrigation, the land is converted to non-agricultural purposes; and other similar
grounds.

Cases:
- IDEALS, Inc. v. PSALM, G.R. No. 192088, 9 October 2012
- Sta. Rosa Realty Development Corporation v. Court of Appeals, G.R. No. 112526, 12
October 2001
- Collado v. Court of Appeals, G.R. No. 107764, 4 October 2002

III. R.A. No. 9275 (Philippine Clear Water Act)

- Act applies to water quality management in all water bodies, but shall primarily govern the
abatement and control of pollution from land-based sources.
- Water is not just a mere commodity for sale and consumption but a natural asset to be
protected and conserved.
- Public Trust Doctrine: impresses upon the states the affirmative duties of a trustee to
manage the country’s natural resources for the benefit of present and future generations and
embodies key principles of environmental protection, stewardship, communal responsibility,
 and sutainability. The public is regarded as the beneficial owner of trust resources, and
courts can enforce the public trust doctrine even against the government itself. (Maynilad
case)
- Private individuals cannot fully own trust resources but can only hold them subject to a
servitude on behalf of the public.
- Definition of terms: beneficial use; hazardous waste; industrial waste; Integrated Water
Quality Management Framework; National Water Quality Status Report; pollutant; pollution
control technology; potentially infectious medical waste; septage, sewage, sewerage, toxic
amount, wastewater.
- Act requires water utility companies to provide for sewerage and septage management
services within five years from its passage.
- Continuing mandamus (MMDA case)
- DENR: primary agency for the enforcement and implementation of all aspects of water
quality management
- Pollution Adjudication Board (PAB): agency charged with the determination and
resolution of pollution cases
- LGUs share the responsibility in the management and improvement of water quality
within their territorial jurisdictions.
- Prohibited acts: see Section 27
- For gross violation of this Act, the PAB can also issue a resolution recommending that the
proper government agencies file criminal charges against the violators.

Cases:
- Metro Manila Development Authority v. Concerned Residents of Manila Bay, G.R. No.
171947, 18 December 2005 (previously assigned)
- Maynilad Water Services v. Sec. of Environment and Natural Resources, G.R. No. 207969,
6 August 2019
- Universal Robina v. LLDA, G.R. No. 191427, 30 May 2011

IV. Philippine Adjudication Board (PAB)

- The Rules of Procedure for Environmental Cases shall not affect the jurisdiction of the
PAB vested by the Clean Air Act and the Clean Water Act. It shall continue to adjudicate
water and air pollution cases.
- The actions and administrative penalties imposed by PAB shall be without prejudice to the
other reliefs to be granted under the Rules of Procedure for Environmental Cases such as
but not limited to the writ of kalikasan, the writ of the continuing mandamus, EPO, and
SLAPP.

V. R.A. No. 9003 (Ecological Solid Waste Management Act of 2000)

- enacted to provide a systematic, comprehensive, and ecological solid waste management

program.
- Definition of terms: agricultural waste, bulky wastes, composting, consumer electronics,
controlled dump, disposal, disposal site, ecological solid waste management,
environmentally acceptable, generation, hazardous waste, leachate, materials recovery
facility, municipal waste, open dump, opportunity to recycle, solid waste management, solid
waste management facility, special wastes, white goods
- National Solid Waste Management Commission (Commission): shall oversee the
implementation of solid waste management plans and prescribe policies to achieve the
objectives of the Act. (please see powers and functions, Section 5)
- National Ecology Center: shall provide consulting, information, training, and networking
services for the implementation of the provisions of the Act.
- DENR: shall prepare an annual National Solid Waste Management Status Report; shall
prepare and distribute information, education and communication materials on solid waste
management; shall exercise visitorial and enforcement powers to ensure strict compliance
with the Act.
- Visitorial powers of the DENR: the DENR or its duly authorized representative shall have
access to, and the right to copy therefrom, the records required to be maintained pursuant to
the provisions of the Act. The Secretary or the duly authorized representative shall have the
right to enter the premises of any generator, recycler or manufacturer, or other facilities
anytime to question any employee or investigate any fact, condition or matter which may be
necessary to determine any violation, or which may aid in the effective enforcement of the
Act and its implementing rules and regulations. The visitorial power shall not apply to
private dwelling places unless the visitorial power is otherwise judicially authorized.
- LGUs shall be primarily responsible for the implementation and enforcement of the
provisions of the Act within their respective jurisdictions. Segregation and collection of
solid waste shall be conducted at the barangay level specifically for biodegradable,
compostable and reusable waste. The collection of non-recyclable materials and special
wastes shall be the responsibility of the municipality or city.
- LGUs share with the national government the responsibility in the management of
ecological balance within their territorial jurisdiction; may impose and collect fees for
services rendered. For purposes of garbage collection, there is no substantial distinction
between an occupant of a lot, on one hand, and an occupant of a unit in a condominium,
socialized housing project or apartment, on the other hand, thus similar schedule of fee is
just and equitable.
- Every province shall have a Provincial Solid Waste Management Board, and each city or
municipality shall have a City or Municipal Waste Management Board.
- There shall be a mandatory segregation of solid wastes. The segregation of waste shall
primarily be conducted at the source, to include household, institutional, industrial,
commercial, and agricultural sources.

- Minimum standards and requirements for segregation and storage of solid waste pending
collection:
(a) there should be a separate container for each type of waste from all sources. In the
case of bulky waste, it will suffice that the same be collected and placed in a separate
and designated area;
(b) the solid waste container depending on its use shall be properly marked or identified
for on-site collection as “compostable,” “non-recyclable,” “recyclable” or “special
waste,” or any other classification as may be determined by the Commission.

- Minimum standards and requirements for Collection of Solid Waste:

(a) all collectors and other personnel directly dealing with collection of solid waste
should be equipped with personal protective equipment to protect them from the hazards
of handling solid waste;
(b) necessary training shall be given to the collectors and personnel to ensure that the
solid wastes are handled properly and in accordance with the guidelines pursuant to the
 Act;
(c) collection of solid waste should be done in a manner which prevents damage to the
container, and spillage or scattering of solid waste within the collection of vicinity.

- The National Ecology Center shall assist the LGUs in establishing and implementing
deposit or reclamation programs in coordination with manufacturers, recyclers, and
generators to provide separate collection systems or convenient drop-off locations for
recyclable materials and particularly for separated toxic components of the waste stream.
- The use of non-environmentally acceptable packaging (products that are unsafe in the
production, use, post-consumer use or produce/release harmful products) shall be
prohibited.
- No open dump shall be established and operated, nor any practice or disposal of solid
waste by any person, including LGUs, which constitutes the use of open dumps for solid
waste. Every LGU shall convert its open dumps into controlled dumps.

- Requisites before a national project that affects the environmental and ecological balance
of local communities can be implemented:
(a) prior consultation with affected local communities; and
(b) prior approval of the project by the appropriate sanggunian.
- Without the mandatory requirements, the project’s implementation is illegal.

VI. R.A. No. 9729, as amended by R.A. No. 10174 (Climate Change Act of
2009)

- 2105 Paris Agreement: landmark agreement on climate change

- Effects of global warming: include rising sea levels, regional changes in precipitation, more
frequent extreme weather events such as heat waves, and expansion of deserts.
- Mitigation of and adaptation to climate change: complementary responses to global warming;
includes a combination of activities, including energy conservation and increased energy
efficiency, the use of low-carbon energy technologies, such as renewable energy and nuclear
energy; and enhancing carbon sinks through, for example, reforestation and preventing
deforestation.
- Non-renewable energy: a resource of economic value that cannot be readily replaced by
natural means at a quick enough pace to keep up with consumption, such as carbon-based fossil
fuel.
- Renewable energy: resources, the localized replenishment of which can occur within time
frames meaningful to humans, such as timber (when harvested sustainably) and wind (used to
power energy conversion systems).
- Definition of Terms: adaptation, adaptive capacity, climate change, climate risk, disaster,
Disaster Risk Reduction and Management (DRRM), global warming, greenhouse effect,
greenhouse gases, mitigation, sea level rise, vulnerability
- Climate Change Commission: an independent and autonomous body and has the same status
as that of the national government agency; it is attached to the Office of the President.

- Powers and functions of the Climate Change Commission: see Section 9. In particular, note
some of its powers:
(a) coordinate and synchronize climate change programs in consultation with national
government agencies and other stakeholders;
 (b) formulate a Strategic Framework 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;
(c) recommend legislation, policies, strategies, programs on and appropriations for climate
change adaptation and mitigation and other related activities;
(d) coordinate and establish a close partnership with the National Disaster Risk Reduction and
Management Council in order to increase efficiency and effectiveness in reducing the people's
vulnerability on climate-related disasters;
(e) in coordination with Department of Foreign Affairs, represent the Philippines in the climate
change negotiations, constitute and lead the Philippine panel of negotiators of the UNFCCC and
the formulation of official Philippine positions on climate change negotiation issues and decision
areas in the international negotiation arena;
(f) formulate and update guidelines for determining vulnerability to climate change impacts
and adaptation assessments and facilitate the provision of technical assistance for their
implementation and monitoring;
(g) coordinate with LGUs and private entities to address vulnerability to climate change
impacts of regions, provinces, cities and municipalities;
(h) oversee the dissemination of information on climate change, local vulnerabilities and risks,
relevant laws and protocols and adaptations and mitigation measures.

- Framework Strategy and Program on Climate Change: serves 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 effect of climate change
- The LGUs shall be the frontline agencies in the formulation, planning and implementation,
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.
- People’s Survival Fund (PSF): a special fund in the National Treasury for the financing of
adaptation programs and projects based on the national strategic framework. The PSF may be
augmented by donations, endowments, grants and contributions, which shall be exempt from
donor’s tax and be considered as allowable deductions from the gross income of the donor, in
accordance with the provisions of the tax code.

VII. R.A. No. 10121 (Philippine Disaster Risk Reduction and Management Act
of 2010)

- Definition of terms: adaptation, capacity, climate change, Community-Based Disaster Risk

Reduction and Management (CBDRRM), disaster, disaster mitigation, disaster
management, disaster prevention, disaster response, disaster risk, disaster risk reduction,
Disaster Risk Reduction and Management, Early Warning System, emergency, mitigation,
risk assessment, risk management, state of calamity, sustainable development, vulnerability
- Act provides for further development of policies and plans and the implementation of
actions and measures pertaining to all aspects of disaster risk reduction and management,
including good governance, risk assessment and early warning, knowledge building and
awareness raising, reducing underlying risk factors, and preparedness for effective response
and early recovery.
- NDRMMC: council empowered with policy-making, coordination, integration,
 supervision, monitoring and evaluation functions (see Powers and Functions, Section 6)
- Office of Civil Defense (OCD): shall have the primary mission of administering a
comprehensive national civil defense and disaster risk reduction and management program
by providing leadership in the continuous development of strategic and systematic
approaches as well as measures to reduce the vulnerabilities and risks to hazards and
manage the consequences of disasters.
- Regional Disaster Risk Reduction and Management Councils (RDRRMCs): shall
coordinate, integrate, supervise, and evaluate the activities of LDRRMCs.
- Disaster risk reduction education shall be integrated into the school curricula,
Sangguniang Kabataan programs, and mandatory training for the public sector employees.
- The National Council shall recommend to the President of the Philippines the declaration
of a cluster of barangays, municipalities, cities, provinces, and regions under a state of
calamity, and the lifting thereof, based on the criteria set by the council. The President's
declaration may warrant international humanitarian assistance as deemed necessary.
- Remedial measures in case of a state of calamity:
(a) imposition of price ceiling on basic necessities and prime commodities by the
President; (b) monitoring, prevention and control by the Local Price Coordination Council
of overpricing/profiteering and hoarding of prime commodities, medicines, and petroleum
products;
(c) programming/reprogramming of funds for the repair and safety guarding of public
infrastructures and facilities; and
(d) granting of no-interest loans by government financing or lending institutions to the
most affected section of the population through their cooperatives or people's
organization.

- Prohibited acts: please see Section 19.

Case:
- Zabal v. Duterte, G.R. No. 238467, 12 February 2019

VIII. R.A. No. 8550, as amended by R.A No. 10654 (Philippine Fisheries Code of 1998)

- Application:
(a) all Philippine waters including other waters over which the Philippine has
sovereignty and jurisdiction, and the country’s 200-nautical mile EEZ and continental
shelf;
(b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas,
including but not limited to fishponds, fishpens/cages;
(c) all lands devoted to aquaculture, or businesses and activities relating to fishery,
whether private or public lands; and
(d) all Philippine flagged fishing vessels operating in areas governed by a Regional
Fisheries Management Organization (RFMO), in the high seas, or in waters of other
coastal states.

- Internal waters: all waters (part of the sea, rivers, lakes, etc.) landwards from the baseline
of the territory, Under the Constitution, the internal waters of the Philippines include the
waters around, between, and connecting the islands of the archipelago (archipelagic waters).
- Territorial sea: a belt of sea outwards from the baseline up to 12 nautical miles beyond.
- Contiguous zone: an area of water not exceeding 24 nautical miles from the baseline.
- Exclusive Economic Zone (EEZ): an area extending not more than 200 nautical miles
beyond the baseline.
- Continental shelf (archipelagic or insular shelf):
(a) the seabed and subsoil of the submarine areas adjacent to the coastal state but outside
the territorial sea, to a depth of 200 meters or, beyond that limit, to where the depth
allows exploitation; and
(b) the seabed and subsoil areas adjacent to islands.

The coastal state has the right to explore and exploit its natural resources, erect installations
needed, and erect a safety zone over its installations within a radius of 500 meters. It has the
exclusive right to construct and authorize and regulate the construction, operation, and use
of artificial islands and certain other installations.

- Definition of terms: aquaculture, aquatic resources, catch ceilings, closed season, coastal
area/zone, commercial fishing, electrofishing, fisherfolk, illegal fishing, mangroves, marine
protected area, municipal fishing, municipal water.
- Department of Agriculture (DA): is the government agency responsible for the promotion
of agricultural development by providing the policy framework, policy investments, and
support services needed for domestic and export-oriented business enterprises.
- The DA shall issue such number of licenses or permits for the conduct of fishery activity
subject to the limits of the Maximum Sustainable Yield (MSY) of the resource as
determined by scientific studies or best evidence available.
- The DA Secretary may prescribe limitations or quota on the total quantity of fish captured,
for a specified period of time and specified area based on the best available evidence.
- The DA Secretary you may declare, through public notice in at least two newspapers of
general circulation or in public service announcements, whichever is applicable, at least five
days before the declaration, a closed season in any or all Philippine waters outside the
boundary of municipal waters and in bays, for conservation and ecological purposes.
- The DA may establish fish refuge and sanctuaries to be administered in the manner
prescribed by BFAR and set aside areas for the cultivation of mangroves to strengthen the
habitat and the spawning grounds of fish. No commercial fishing shall be allowed in the
area.

- Bureau of Fisheries and Aquatic Resources (BFAR):

Powers and functions: see Section 65. The powers and functions include the following:
(a) issue licenses for the operation of commercial fishing vessels;
(b) issue identification cards free of charge to fishworkers engage in commercial fishing;
(c) monitor and review joint fishing agreements between Filipino citizens and foreigners
who conduct fishing activities in international waters, and ensure that such
agreements are not contrary to Philippine commitment under international treaties
and conventions on fishing in the high seas;
(d) provide extensive development support services in all aspects of fisheries
production, processing and marketing;
(e) advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic practices in fish markets and fish landing areas;
(f) recommend measures for the protection/enhancement of the fishery industries;
(g) implement boarding and inspection protocols upon Philippine flagged fishing vessels
in order to promote observance to international treaty obligations on food safety, to
curb illegal, unreported and unregulated fishing, and to comply with conservation
 and management measures;
(h) hear and decide administrative cases before it;
(i) initiate the criminal prosecution of offenses committed in violation of this Code
regardless of their situs

- LLDA: has exclusive jurisdiction to issue permits for the enjoyment of fisheries privileges in
Laguna Lake region
- LGU’s territorial jurisdiction: only land area
- LGUs shall maintain a registry of municipal fisherfolk, who are fishing or may desire to fish in
municipal waters for the purpose of determining priorities among them, or limiting entry into the
municipal waters, and of monitoring fishing activities and/or other related purposes. Resident
municipal fisherfolk of the municipality concerned and their organizations/cooperatives shall
have priority to exploit municipal and demarcated fishery areas of the said municipality.
- Preferential right of subsistence under the Constitution is not absolute.

Cases:
- Magallona v. Ermita, G.R. No. 187167, 16 August 2011
Republic v. Provincial Government of Palawan, G.R. No. 170867, 4 December 2018
- Republic v. Provincial Government of Palawan, G.R. No. 170867, 21 January 2020
- Laguna Lake Development Authority v. Court of Appeals, G.R. Nos. 120865-71, 7 December
1995 (previously assigned)
- Tano v. Socrates, G.R. No. 110249, 21 August 1997
- Leynes v. People, G.R. No. 224804, 21 September 2016
- Roldan v. Arca, G.R. No. L-25434, 25 July 1975
- Hizon v. Court of Appeals, G.R. No. 119619, 13 December 1996
-Commissioner of Customs v. Court of Appeals, G.R. No. 111202, 31 January 2006
- Sea Lion Fishing Corporation v. People, G.R. No. 172678, 23 March 2011

IX. P.D. No. 705 (Revised Forestry Code)

- Definition of terms: public forest, permanent forest or forest reserves, alienable and disposable
lands, forest lands, grazing land, mineral lands, forest reservations, national parks, game refuge or
bird sanctuary, marine parks, watershed reservation, critical watershed, mangrove, kaingin, forest
product, selective logging, ecosystem, silvicutlure (see Section 3)
- The President of the Philippines and the Secretary of the DENR have discretionary and
delegated powers forest lands as alienable and disposable lands of the public domain; if unclassified
and not needed for forest reserve purposes, the lands must first be declared as agricultural lands of
the public domain.
- Forest lands are not exempt from the territorial application of municipal laws.

- The Forest Management Bureau (FMB) shall have jurisdiction and authority over all forest
lands, grazing lands, and all forest reservations including watershed reservations presently
administered by other government agencies or instrumentalities. Its powers and functions include:
(a) protection, development, management, regeneration, and reforestation of forest lands;
(b) regulation and supervision of the operation of licensees, lessees and permitees for the taking
or use of forest products therefrom or occupancy or use thereof;
(c) implementation of multiple use and sustained yield management in forest lands; the
protection, development and preservation of national parks, marine parks, game refuges and
wildlife;
(d) implementation of measures and programs to prevent and manage occupancy of forest and
grazing land;
(e) the effective, efficient and economic classification of lands of the public domain; and
(f) enforcement of forestry, deforestation, parks, game and wildlife laws, rules, and regulations.

- Mangrove swamps should be understood as comprised within the public forests of the
Philippines.
- Doctrine of intergenerational responsibility applies on the adverse and disastrous
consequences of deforestation and the mismanagement of the country's forest.
- A timber license is not a contract but a mere privilege.
- The DENR Secretary, by himself or through the FMB Director or any qualified representative,
may investigate, inspect and examine records, books and other documents relating to the operation
of any holder of a license agreement, license, lease, or permit, and its subsidiary or affiliated
companies, to determine compliance with the terms and conditions thereof, the Revised Forestry
Code, and other pertinent laws and regulations.

- The (a) cutting, gathering, collecting and removing timber or other forest products from any
forest land, or timber from alienable or disposable public land and, or from private land without any
authority, and (b) possession of timber or other forest products without the legal documents
required under existing forest laws and regulations are criminal offenses under the Code.

- Mere possession of forest products without the proper documents consummates the crime.
- Unlawful occupation or possession of forest lands, and kaingin for private use without
authority under a license agreement, lease, license or permit shall be prohibited.
- The illegal occupation of National Park system for any length of time without permit, and the
mutilation, defacing or destruction of objects of natural beauty or of scenic value within areas in the
national parks system shall be punishable under the Code.

Cases:
- Oposa v. Factoran, G.R. No. 101083, 30 July 1993
- Ruzol v. Sandiganbayan, G.R. No. 186739, 17 April 2013
- Aquino v. Municipality of Malay, Aklan, G.R. No. 211356, 29 September 2014
- Paat v. Court of Appeals, G.R. No. 111107, 10 January 1997
- Ysmael v. Deputy Executive Secretary, G.R. No. 79538, 18 October 1990
- Crescencio v. People, G.R. No. 205015, 19 November 2014
- Sama and Masanglay v. People, G.R. No. 224469, 5 January 2021

X. R.A. No. 7942 (Philippine Mining Act of 1995)

- The Philippine Mining Act of 1995 institutes a new system for the exploration, development,
utilization and conservation of the natural resources of the country. It defines the modes of
mineral agreements for mining operations, outlines the procedure for their filing and approval,
assignment/transfer and withdrawal, and fixes their terms.
- Definition of terms: ancestral lands, contract area, exploration, financial or technical assistance
agreement, indigenous cultural communities, joint venture agreement, mineral processing, mine
wastes and tailings, minerals, mineral agreement, mineral land, mineral resource, mining area,
mining operation, pollution control and infrastructure devices, private land, public land,
quarrying
- Philippine mining laws are intended to promote national growth through the grant of
supervised exploration and development of mineral resources to qualified persons.
- See Section 2, Article XII of the 1987 Constitution on the Regalian doctrine.
- The Act reiterates the ownership by the State of natural resources.
- Pursuant to the State’s control and supervision over mining operations, the Act establishes the
mechanism of inspection and visitorial rights over mining operations; it also institutes
reportorial requirements on these operations.
- Mining rights acquired under the Philippine Bill of 1902 and prior to the effectivity of the
1935 Constitution were vested rights that could not be impaired even by the government.
- LGUs, in coordination with the Mines and Geosciences Bureau (MGB) or its Regional
Offices, and subject to valid and existing mining rights, has the authority to approve
applications for small-scale mining, sand and gravel, quarry, guano, gemstone gathering and
gratuitous permits and for industrial sand and gravel permits not exceeding 5 hectares.
- The Mines and Geosciences Bureau (MGB) is directly in charge in the administration and the
disposition of mineral lands and mineral resources. It shall have jurisdiction and control over all
holders of mining claims or applicants for and/or grantees of mining licenses, permits, leases
and/or operators thereof, including mining service contracts and service contractors insofar as
mining activities are concerned.
- There is no prohibition against foreign or local corporations or contractors holding exploration
permits. An exploration permit merely grants to a qualified person the right to conduct
exploration for all minerals in specified areas, but the permit does not amount to an
authorization to extract and carry off the mineral resources that may be discovered.

- For purposes of mining operations, a mineral agreement maybe:

(a) Mineral Production Sharing Agreement (MPSA) - an agreement where the government
grants to the contractor the exclusive right to conduct mining operations within a contract area
and shares in the gross output. The contractor shall provide the financing, technology,
management and personnel necessary for the implementation of the agreement.
(b) Co-production Agreement (CA) - an agreement between the government and the
contractor wherein the government shall provide inputs to the mining operations other than the
mineral resource.
(c) Joint-venture Agreement (JVA) – an agreement where a joint-venture company is
organized by the government and the contractor with both parties having equity shares. Aside
from earnings in equity, the government shall be entitled to a share in the gross output.

- A mineral agreement shall grant to the contractor the exclusive right to conduct mining
operations and extract all mineral resources found in the contact area. The contractor that may
be allowed to convert his agreement into any of the modes of mineral agreements or financial or
technical assistance agreement covering the remaining period of the original agreement subject
to the approval of the Secretary.
- Mineral agreements shall have a term not exceeding 25 years to start from the date of
execution thereof, and renewable for another term not exceeding 25 years under the same terms
and conditions thereof, without prejudice to changes mutually agreed upon by the parties.
- Financial or Technical Assistance Agreement (FTAA) – a contract involving financial or
technical assistance for large-scale exploration, development, and utilization of natural
resources.
- All contractors and permittees shall strictly comply with all the mines safety rules and
regulations as may be promulgated by the Secretary concerning the safe and sanitary upkeep of
the mining operations and achieve waste-free and efficient mind development.
- No person under 16 years of age shall be employed in any phase of mining operations.
- No person under 18 years of age shall be employed underground in in a mine.
 - All mining and quarrying operations that employ more than 50 workers shall have at least one
licensed mining engineer with at least five years of experience in mining operations, and one
registered foreman.
- The absence of any of the required documents shall be considered prima facie evidence of
illegal mining and shall cause the confiscation/seizure of the mineral/mineral products and the
tools and equipment including conveyance used in the commission of the offense in favor of the
government.
- If it is found that the minerals/mineral products seized have been mined, extracted, or removed
without any permit or authority under existing mining laws, rules and regulations, final
confiscation can be effected to be followed by the filing of the complaint for theft of minerals.

- Elements of theft of minerals:

(1) the accused extracted, removed and/or disposed of minerals;
(2) these minerals belong to the government or have been taken from a mining claim or
claims, leased, held, or owned by other persons; and
(3) the accused did not possess a mining lease or a temporary permit or any other permit to
mine granted by the Secretary or the Director under existing mining decrees, laws and
regulations.

- Settlement of mining disputes shall be under the exclusive and original jurisdiction of a Panel
of Arbitrators (POA) which shall have jurisdiction to hear and decide on the following:
(a) disputes involving rights to mining areas;
(b) disputes involving mineral agreements or permit;
(c) disputes involving surface owners, occupants and claimholders/concessionaires; and
(d) disputes before the Bureau and the Department at the time of the effectivity of the Act.

The POA shall have no authority over pollution cases.

NOTE: Small-scale mining is governed by R.A. No. 7076 (People’s Small-Scale Mining Act of 1991).
Small-scale mining refers to mining activities that rely heavily on manual labor using simple tools and
methods. It does not use explosives or heavy mining equipment and requires only a small capital
investment. R.A. No. 7076 was principally intended to generate more employment opportunities in
small-scale mining, and to bring about equitable sharing of wealth and natural resources of the country.

Cases:
- Liwat-Moya v. Ermita, G.R. No. 191249, 14 March 2018
- Southeast Mindanao Gold Mining Corporation v. Balite Portal Mining Cooperative, G.R. No.
135190, 3 April 2002
- Miners Association of the Philippines v. Factoran, G.R. No. 98332, 16 January 1995
- Yinlu Bicol Mining Corporation v. Trans-Asia Oil and Energy Development, G.R. No. 207942,
12 January 2015
- La Bugal-B’laan Tribal Association, Inc. v. Ramos, G.R. No. 127882, 27 January 2004
- La Bugal-B’laan Tribal Association, Inc. v. Ramos, G.R. No. 127882, 1 December 2004
- Didipio Earth-Saver’s Multi-Purpose Association v. Gozun, G.R. No. 157882, 30 March 2006