envi law and natural resources notes

lOMoARcPSD|18318092
Natural Resources and Environmental Law Notes
Bachelors of LAW (San Sebastian College – Recoletos (Manila))
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lOMoARcPSD|18318092
NATIONAL RESOURCES AND -Its adherents argue that our natural

ENVIRONMENTAL LAW resources are being wasted when
they are left undeveloped.
Environmental law
-They push for the use of experts,
-defined as “the body of law which
especially social scientists who can
contains elements to control human impact
calculate measure, compare, predict,
on the earth.”
and influence the consequences of
Overview of Philippine Environmental different policy programs.
Laws
-The preservationists
-Environmental law in the Philippines is
-seek to protect the environment from
covered by the Constitution; statutes and
any human activity that would disrupt
local ordinances; regulations, or degrade it.
promulgated by the State and local
regulatory agencies; and court decisions -Their goal is to preserve the
interpreting these laws and regulations. wilderness sin its natural,
unspoiled state for two
-Philippine environmental law concerns not reasons.
only man’s physical environment but his
social and economic wellbeing as well. -First, undeveloped
wilderness has instrumental
-The 1987 Constitution spells out our
value since it is a source of
national policy on the protection of our
religious inspiration, refuge
environment. In a lot of ways, the present
from modern life, location for
provisions in our fundamental law are more
aesthetic experience, and so
forward-looking than our 1973 and 1935 forth.
Constitutions.
-Second, wilderness has its
Views in Environmental Issues:
own intrinsic value apart from
-The conservationists its use to humans.
-peddle the proposition that only -Ecological problems arise when man
human beings possess moral interferes with the natural order and
value. The natural environment treat other natural objects as having
has no intrinsic value of its own value only insofar as they serve
apart from its instrumental value human purposes.
to men.
-Since plants and animals do not -The Christian view
have moral value, they cannot be
the subjects of rights. -adopts a theocentric ethics that
centers on the analysis of man’s
-Their end goal in advocating the
relationship with the environment in
efficient management of our natural the context of the divine plan
resources is to “serve the
greatest good of the greatest number -all creatures are created and owned
for the longest time.” by God.
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NREL – Atty. Peoro

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-Human beings are only stewards of Section 16

nature. Consequently, while humans
The state shall protect and advance the right
could use the natural resources for
of the people to a balanced and healthful
their own good, they also have the
ecology in accord with the rhythm and
responsibility to take care of the
harmony of nature.
environment for the characteristic
activity of all natural objects results Section 22
from God’s plan and purpose.
The State recognizes and promotes the
Constitutional Framework rights of indigenous cultural communities
within the framework of national unity and
Preamble
development.
We, the sovereign Filipino people, imploring
Article 12
the aid of almighty God, in order to build a
just and humane society, and establish a Section 1
government that shall embody our ideals and
aspirations, promote the common good, The goals of the national economy are a
conserve and develop our patrimony, and more equitable distribution of opportunities,
secure to ourselves and our posterity, the income, and wealth; a sustained increase in
blessings of independence and democracy the amount of goods and services produced
under the rule of law and a regime of truth, by the nation for the benefit of the people;
justice, freedom, love, equality, and peace, and an expanding productivity as the key to
do ordain and promulgate this Constitution. raising the quality of life for all, especially the
underprivileged.
Article 1
The State shall promote industrialization and
The national territory comprises of the full employment based on sound agricultural
Philippine archipelago, with all the islands development and agrarian reform, through
and waters embraced therein, and all other industries that make full and efficient use of
territories over which the Philippines has human and natural resources, and which are
sovereignty or jurisdiction, consisting of its competitive in both domestic and foreign
terrestrial, fluvial, and aerial domains, markets. However, the State shall protect
including its territorial sea, the seabed, the Filipino enterprises against unfair foreign
subsoil, the insular shelves, and other competition and trade practices.
submarine areas. The waters around,
between, and connecting the islands of the In the pursuit of these goals, all sectors of the
archipelago, form part of the internal waters economy and all regions of the country shall
of the Philippines. be given optimum opportunity to develop.
Private enterprises, including corporations,
Article 2 cooperatives, and similar collective
Section 15 organizations, shall be encouraged to
broaden the base of their ownership.
The state shall protect and promote the right
Section 2
to health of the people and instill health
consciousness among them. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries,
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forests or timber, wildlife, flora and fauna, development and use of local scientific and
and other natural resources are owned by technical resources.
the State. With the exception of agricultural
The President shall notify the Congress of
lands, all other natural resources shall not be
every contract entered into in accordance
alienated. The exploration, development,
with this provision, within thirty days from its
and utilization of natural resources shall be
execution.
under the full control and supervision of the
State. The State may directly undertake such Section 3
activities, or it may enter into co-production,
joint venture, or production-sharing Lands of the public domain are classified into
agreements with Filipino citizens, or agricultural, forest or timber, mineral lands,
corporations or associations at least sixty per and national parks. Agricultural lands of the
centum of whose capital is owned by such public domain may be further classified by
citizens. Such agreements may be for a law according to the uses which they may be
period not exceeding twenty-five years, devoted. Alienable lands of the public
renewable for not more than twenty-five domain shall be limited to agricultural lands.
years, and under such terms and conditions Private corporations or associations may not
as may be provided by law. In cases of water hold such alienable lands of the public
rights for irrigation, water supply, fisheries, or domain except by lease, for a period not
industrial uses other than the development of exceeding twenty-five years, renewable for
water power, beneficial use may be the not more than twenty-five years, and not to
measure and limit of the grant. exceed one thousand hectares in area.
Citizens of the Philippines may lease not
The State shall protect the nation’s marine more than five hundred hectares, or acquire
wealth in its archipelagic waters, territorial not more than twelve hectares thereof by
sea, and exclusive economic zone, and purchase, homestead, or grant.
reserve its use and enjoyment exclusively to
Filipino citizens. Taking into account the requirements of
conservation, ecology, and development,
The Congress may, by law, allow small-scale and subject to the requirements of agrarian
utilization of natural resources by Filipino reform, the Congress shall determine, by
citizens, as well as cooperative fish farming, law, the size of lands of the public domain
with priority to subsistence fishermen and which may be acquired, developed, held, or
fishworkers in rivers, lakes, bays, and leased and the conditions therefor.
lagoons.
Section 4
The President may enter into agreements
with foreign-owned corporations involving The Congress shall, as soon as possible,
either technical or financial assistance for determine by law the specific limits of forest
large-scale exploration, development, and lands and national parks, marking clearly
utilization of minerals, petroleum, and other their boundaries on the ground. Thereafter,
mineral oils according to the general terms such forest lands and national parks shall be
and conditions provided by law, based on conserved and may not be increased nor
real contributions to the economic growth diminished, except by law. The Congress
and general welfare of the country. In such shall provide, for such period as it may
agreements, the State shall promote the determine, measures to prohibit logging in
endangered forests and watershed areas.
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Section 5 Section 7
The State, subject to the provisions of this The State shall protect the rights of
Constitution and national development subsistence fishermen, especially of local
policies and programs, shall protect the communities, to the preferential use of local
rights of indigenous cultural communities to marine and fishing resources, both inland
their ancestral lands to ensure their and offshore. It shall provide support to such
economic, social, and cultural well-being. fishermen through appropriate technology
and research, adequate financial,
The Congress may provide for the
production, and marketing assistance, and
applicability of customary laws governing
other services. The State shall also protect,
property rights or relations in determining the
develop, and conserve such resources. The
ownership and extent of ancestral domain.
protection shall extend to offshore fishing
Section 6 grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a
The use of property bears a social function, just share from their labor in the utilization of
and all economic agents shall contribute to marine and fishing resources.
the common good. Individuals and private
groups, including corporations, cooperatives, REPUBLIC ACT NO. 9522 - AN ACT TO
and similar collective organizations, shall AMEND CERTAIN PROVISIONS OF
have the right to own, establish, and operate REPUBLIC ACT NO. 3046, AS AMENDED
economic enterprises, subject to the duty of BY REPUBLIC ACT NO. 5446, TO DEFINE
the State to promote distributive justice and THE ARCHIPELAGIC BASELINES OF THE
to intervene when the common good so PHILIPPINES, AND FOR OTHER
demands. PURPOSES
Article 13 - REGIME OF ISLANDS
Section 6 -baselines over which the

Philippines exercises
The State shall apply the principles of sovereignty and jurisdiction.
agrarian reform or stewardship, whenever Consistent with Article 121 of
applicable in accordance with law, in the the UNCLOS:
disposition or utilization of other natural
resources, including lands of the public a.)Kalayaan Island Group as
domain under lease or concession suitable to constituted under PD no 1596
agriculture, subject to prior rights, homestead
b.) Bajo de Masinloc, also
rights of small settlers, and the rights of known as Scarborough Shoal
indigenous communities to their ancestral
lands. Archipelagic Doctrine
The State may resettle landless farmers and -Philippines should be considered as one
farmworkers in its own agricultural estates integrated unit instead of a fragmented unit.
which shall be distributed to them in the
Baselines
manner provided by law.
-serves as basis for a country’s maritime
jurisdiction and a means to establish
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maritime boundaries with neighboring *PD 1152 – Philippine Environmental

coastal states. Code
-prior to RA 9522, Philippines baselines law - follows the policy principles of PD
is not compliant with UNCLOS 1151, stipulates the management
system to be adopted in the five
NOTE:
areas of air quality, water quality,
-Article 2, Sec. 16 is a self-executing land use, natural resources, and
provision in nature and deemed as the waste products.
source of the citizen’s basic environmental
rights. The duty of the State to protect and
promote the health of its citizens is also an The following laws, which are enumerated
adjunct to the right of the Filipinos to a in the Rules of Procedure for
healthy environment. Environmental Cases are classified into
four groups: (1) terrestrial; (2) marine and
-Article 12 of the 1987 Constitution, aquatic resources; (3) aerial; and (4) others.
highlights the State’s primary objective of
protecting the environmental resources of Terrestrial laws refer to the protection and
the country. Sections 2,3,4, and 5 seeks to preservation of forests and biodiversity.
protect the country’s land from abuse and
Act No. 3572 – An Act to prohibit the
exploitation and ensure that the development
Cutting of Tindalo, Akle, or Molave Trees,
of the country’s natural resources will benefit
the Filipino people. under Certain Conditions, and to Penalize
Violations Thereof
Adopted during the Marcos regime in
1977: - is a law enacted by Congress in
1929 specifically addressing the
*PD 1151 – Philippine Environmental need to preserve certain types of
Policy trees, namely Tindalao, Akle, and
Molave, which were fast
-to create, develop, maintain, and
disappearing during the Spanish Era.
improve conditions under which man
This law criminalizes the act of cutting
and nature can thrive in productive
down these types of trees.
and enjoyable harmony with each
other; Presidential Decree No. 705 - Revised
Forestry Code of the Philippines
-to fulfill the social, economic and
other requirements of present and -This law regulates the management,
future generations of Filipino; and development, and utilization of forest
lands.
-to ensure the attainment of an
environmental quality that is -It establishes the boundaries
conducive to a life of dignity and of forest lands and lays down
well-being the guidelines for licenses and
permits for the occupation and
**recognizes that the environment is
utilization of forest lands and
a matter of government
operation of wood or forest
responsibility
processing plant.
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-It also introduces the concept of -It recognizes the need to lay down
reforestation in order to preserve the guidelines for a systematic and
country’s forest lands. orderly implementation of small-scale
mining activities and utilization of mineral
Presidential Decree No. 1433 or the Plant
resources such as: the recognition of
Quarantine Decree of 1978
easement and ownership rights, the
-promulgated to prevent the spread of formation of regulatory boards, and
plant pests by regulating the the protection of land areas.
international and domestic
Republic Act No. 7586 or the National
movements of plants and plant products.
Integrated Protected Areas System Act of
- serves as a preventive 1992
measure against the
-was enacted to establish integrated
introduction or incursion of plant pests
protected areas in recognition of the
into our country that may result in the
critical importance of protecting the
destruction of the country’s agricultural
country’s diverse natural resources in
crops.
the environment from an increasing
Republic Act No. 3571 – An Act to Prohibit population.
the Cutting, Destroying or Injuring of
-The areas established are notable
Planted or Growing Trees, Flowering
for their biological uniqueness and
Plants and Shrubs or Plants of Scenic
significance. These protected areas
Value along Public Roads, In Plazas,
are classified as strict nature reserve,
Parks, School Premises or in and Other
natural park, natural monument,
Public Ground
wildlife sanctuary, protected
-enacted by Congress to promote landscapes and seascapes, resource
and conserve the trees, shrubs, flowering reserve, natural biotic areas, and other
plants, and plants of scenic value categories that may be established
which are planted in public areas such as under international agreements.
parks and public schools or along public
The Tubbataha Reefs Natural Park Act of
roads.
2009
-Its primary objective is to preserve
-promulgated to ensure the
the cool, fresh, and healthful climate of
protection and conservation of the
public spaces and to ensure that the
globally significant value of the
plants in these areas are not cut Tubbataha Reefs in Palawan.
down, injured, or destroyed.
-This is achieved by implementing a
Republic Act No. 7076 or the People’s
no- take policy in the area and ensuring
Small-Scale Mining Act of 1991
sustainable and participatory
-promulgated to promote and management. In addition,
develop viable small-scale mining widespread awareness of the
activities in the country in order to preservation and conservation efforts of
generate more employment the Tubbatahan Reefs is promoted by
opportunities. the law.
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Republic Act No. 7611 or the Strategic Republic Act No. 9175 or the Chain Saw
Environmental Plan (SEP) for Palawan Act of 2002
Act
-addresses the need to eliminate
-focuses on the implementation of illegal logging and other forms of
environmental programs for forest destruction which are often
Palawan. facilitated by the use of chain saws.
Republic Act No. 7942 or the Philippine Marine and aquatic resources laws
Mining Act of 1995 pertain to the protection of the waters and
preservation of marine life.
-primary objective is to regulate the
exploration, development, utilization, Presidential Decree No. 979 or the Marine
and conservation of all mineral Pollution Decree of 1976
resources in both public and private
lands. -law prevents the further destruction
of the marine environment by
- It lays down safeguards and penalizing certain acts that cause
regulations in order to ensure the marine pollution, such as dumping
preservation of the environment and and discharging to rivers, brooks, and
the protection of the rights of affected springs.
communities where mining
Presidential Decree No. 1067 or the Water
activities are present.
Code of the Philippines
Republic Act No. 9072 or the National
-establishes the framework for the
Caves and Cave Resource Management
and Protection Act appropriation, utilization, control, and
conservation of water resources in
-enacted to conserve, protect, and the country in recognition of the
manage caves and cave resources increasing scarcity of water
as part of the country’s natural supply and resources.
wealth.
-seeks to provide proper
-It aims to strengthen cooperation management of the country’s
and exchange of information water resources to sufficiently
between governmental authorities meet future developments and
and people who utilize caves and needs.
cave resources for scientific,
Republic Act No. 4850 or the Laguna Lake
educational, recreational,
Development Authority Act
tourism, and other purposes.
-establish a government body tasked
Republic Act No. 9147 or the Wildlife
with the protection and development
Resources Conservation and Protection
of the Laguna Lake area
Act
-enumerates the powers and
-promulgated to conserve and protect
functions of such governing
wildlife species and their habitats to
body in recognition of the need to
promote ecological balance and
properly manage the growth and
enhance biological diversity.
development of the surrounding
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cities, provinces, and towns in the -It adopts internationally accepted

Laguna Lake area. measures which impose strict liability
for oil pollution damage and
Republic Act No. 8550 or the Philippine
provides for a system of accessing
Fisheries Code of 1998
an international fund which
-enacted by Congress to protect and was established to compensate
conserve the fishing grounds in the those who suffer damage caused
country. by a tanker spill of cargo oil.
-It aims to achieve food security by Aerial laws deal with preventing air pollution,
limiting access to the fishery and
aquatic resources of the Clean Air Act of 1999
Philippines, managing and
developing the fishing areas in the -espouses the constitutional right of
country, supporting the fishery the people to a balanced and
sector, and protecting the healthful ecology.
rights of fisherfolk.
-law provides for an integrated air
-It strictly penalizes specific acts to quality improvement framework
ensure that environmental damage to designed to implement a
fishing and aquatic areas are management and control program
minimized, if not, eliminated. to reduce emissions and
prevent air pollution.
Clean Water Act of 2004 -It also provides for an air quality
control action plan that shall
-aims to preserve, and revive the
be implemented to enforce
quality of the country’s fresh,
appropriate devices, methods,
brackish, and marine waters by
systems, and measures to ensure air
promoting environmental quality control.
strategies geared towards the
protection of water resources. Other laws refer to those that involve
hazardous wastes and other environmental
-It also formulates an integrated concerns.
water quality management
framework for the utilization and Presidential Decree No. 856 or the Code
development of the country’s on Sanitation of the Philippines
water supply and for the
-recognizes that the health of the
prevention of water pollution.
people is of paramount
Republic Act No. 9483 or the Oil Pollution importance; therefore, there is
Compensation Act of 2007 a need to improve public
services that are directed towards the
-This law recognizes the need to
protection and promotion of health.
protect the country’s marine
wealth in its archipelagic waters,
territorial sea, and exclusive
economic zone.
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Republic Act No. 6969 or the Toxic development plans, poverty

Substances and Hazardous and Nuclear reduction strategies and other
Wastes Control Act of 1990 developmental tools and techniques
by all agencies and
-enacted by Congress to regulate,
instrumentalities of the
restrict, or prohibit the importation,
government.
manufacture, processing, sale,
distribution, use and disposal of
chemical substances and mixtures
that present unreasonable risk PD 1152 – Philippine Environment Code
and/or injury to health or the Section 17. Upgrading of Water
environment. Quality. - Where the quality of water
-It also prohibits the entry of has deteriorated to a degree where its state
hazardous materials and nuclear will adversely affect its best usage, the
wastes into the country. government agencies concerned shall take
such measures as may be necessary to
Republic Act No. 8371 or the Indigenous upgrade the quality of such water to meet
Peoples Rights Act of 1997 the prescribed water quality standards.
-treated as an Environmental Law by Section 20. Clean-up Operations. - It
virtue of its provisions protecting the shall be the responsibility of the polluter to
ancestral domains and imposing the contain, remove and clean-up water pollution
requirement upon project proponents incidents at his own expense. In case of
to secure the Free Prior and Informed his failure to do so, the government
Consent of the affected Indigenous agencies concerned shall undertake
Peoples before the utilization of containment, removal and clean-up
natural resources over their operations and expenses incurred in said
ancestral domains can be made. operations shall be against the persons
and/or entities responsible for such
Republic Act No. 9003 or the Ecological
pollution.
Solid Waste Management Act of 2000
Section 43. Waste Management
-w sets guidelines and targets for
Programs. - Preparation and
solid waste avoidance and volume
implementation of waste management
reduction and aims to ensure
programs shall be required of all provinces,
the proper segregation,
cities and municipalities. The Department of
collection, transport, storage,
Local Government and Community
treatment and disposal of solid
Development shall promulgate guidelines
waste.
for the formulation and establishment of
waste management program.
Republic Act No. 9729 or the Philippine Every waste management program shall
Climate Change Act of 2009 include the following:
-declares as a policy of the State to a. an orderly system of operation

“systematically integrate the concept consistent with the needs of the area
of climate change in various concerned;
phases of policy formulation,
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b. a provision that the operation will It shall also endeavor to conduct special
not create pollution of any kind or will community education emphasizing
constitute public nuisance; the relationship of man and nature as well as
environmental sanitation and practices.
c. a system for a safe and sanitary
disposal of waste; The Council and other government
agencies implementing environmental
d. a provision that existing plans
protection laws in coordination with public
affecting the development, use and
information agencies of the government shall
protection of air, water or natural
undertake public information activities for
resources shall be considered;
the purpose of stimulating awareness and
e. schedules and methods of encouraging involvement in environmental
implementing the development, protection.
construction and operation of the plan
Section 62- Definition of Terms. - As used
together with the estimated costs;
in this Code.
and
a. "Ambient Air Quality" means the
f. a provision for the periodic revision
average atmospheric purity as distinguished
of the program to ensure its effective
from discharge measurements taken at the
implementation.
source of pollution. It is the general amount
Section 49. Dumping into the Sea and of pollution present in a broad area.
Other Navigable Waters. - The dumping or
b. "Emission" means the act of passing into
disposal of solid wastes into the sea and any
the atmosphere an air contaminant,
body of water in the Philippines, including
pollutant, gas stream and unwanted sound
shore-lines and river banks, where the
from a known source.
wastes are likely to be washed into the water
is prohibited. However, dumping of solid c. "Water Quality" means the
wastes or other materials into the sea or characteristics of water which define its use
any navigable waters shall be permitted in in terms of physical, chemical and biological
case of immediate or imminent danger to life contents;
and property, subject to the rules and
regulations of the Philippine Coast Guard
and the National Pollution Control PD 1586 – Environmental Impact
Commission. Statement System
Government agencies and private entities Boracay Foundation Case
which are undertaking solid
waste management programs shall make Section 4 of PD 1586 clearly states that "no
consultations with the government agencies person, partnership or corporation shall
concerned with respect to the effects of such undertake or operate any such declared
dumping to the marine environment and environmentally critical project or area
navigation. without first securing an Environmental
Compliance Certificate issued by the
Section 53. Environmental Education. - President or his duly authorized
The Department of Education and Culture representative."
shall integrate subjects on environmental
education in its school curricula at all levels.
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Section 1 of PD 1586 that said law intends It is ordered to call regular coordination
to implement the policy of the state to meetings with concerned government
achieve a balance between socio-economic departments and agencies to ensure the
development and environmental protection, successful implementation of the aforesaid
which are the twin goals of sustainable plan of action in accordance with its indicated
development. completion schedules.
This can only be possible if we adopt a DILG, in exercising the President's power of
comprehensive and integrated general supervision and its duty to
environmental protection program where all promulgate guidelines in establishing waste
the sectors of the community are management programs under Sec. 43 of the
involved, i.e., the government and the private Philippine Environment Code (PD 1152),
sectors. The local government units, as part
shall direct all LGUs in Metro Manila, Rizal,
of the machinery of the government, cannot
Laguna, Cavite, Bulacan, Pampanga, and
therefore be deemed as outside the scope of
Bataan to inspect all factories, commercial
the EIS system.
establishments, and private homes along the
Under the Local Government Code, banks of the major river systems in their
therefore, two requisites must be met respective areas of jurisdiction, such as but
before a national project that affects the not limited to the Pasig-Marikina-San Juan
environmental and ecological balance of Rivers, the NCR (ParaÃ±aque-Zapote, Las
local communities can be implemented: PiÃ±as) Rivers, the Navotas-Malabon-
prior consultation with the affected local Tullahan-Tenejeros Rivers, the
communities, and prior approval of the Meycauayan-Marilao-Obando (Bulacan)
project by the appropriate sanggunian. Rivers, the Talisay (Bataan) River, the Imus
Absent either of these mandatory (Cavite) River, the Laguna De Bay, and other
requirements, the project’s implementation is minor rivers and waterways that eventually
illegal. discharge water into the Manila Bay; and the
lands abutting the bay, to determine whether
they have wastewater treatment facilities or
MMDA V CONCERNED CITIZENS hygienic septic tanks as prescribed by
existing laws, ordinances, and rules and
OF MANILA BAY regulations.
FACTS: If none be found, these LGUs shall be
Pursuant to Sec. 4 of EO 192, assigning the ordered to require non-complying
DENR as the primary agency responsible for establishments and homes to set up said
the conservation, management, facilities or septic tanks within a reasonable
development, and proper use of the country's time to prevent industrial wastes, sewage
environment and natural resources, water, and human wastes from flowing into
these rivers, waterways, esteros, and the
DENR is directed to fully implement its Manila Bay, under pain of closure or
Operational Plan for the Manila Bay Coastal imposition of fines and other sanctions.
Strategy for the rehabilitation, restoration,
and conservation of the Manila Bay at the by Sec. 8 of RA 9275, the MWSS is directed
earliest possible time. to provide, install, operate, and maintain the
necessary adequate waste water treatment
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facilities in Metro Manila, Rizal, and Cavite established or built in violation of RA 7279,
where needed at the earliest possible time. and other applicable laws along the Pasig-
Marikina-San Juan Rivers, the NCR Rivers,
LWUA, through the local water districts and
the Navotas-Malabon-Tullahan-Tenejeros
in coordination with the DENR, is ordered to
Rivers, and connecting waterways and
provide, install, operate, and maintain esteros in Metro Manila.
sewerage and sanitation facilities and the
efficient and safe collection, treatment, and ordered to establish, operate, and maintain a
disposal of sewage in the provinces of sanitary landfill, as prescribed by RA 9003,
Laguna, Cavite, Bulacan, Pampanga, and within a period of one (1) year from finality of
Bataan where needed at the earliest possible this Decision.
time.
On matters within its territorial jurisdiction
Sec. 65 of RA 8550, the DA, through the and in connection with the discharge of its
BFAR, is ordered to improve and restore the duties on the maintenance of sanitary
marine life of the Manila Bay. It is also landfills and like undertakings, it is also
directed to assist the LGUs in Metro Manila, ordered to cause the apprehension and filing
Rizal, Cavite, Laguna, Bulacan, Pampanga, of the appropriate criminal cases against
and Bataan in developing, using recognized violators of the respective penal provisions of
methods, the fisheries and aquatic resources RA 9003, Sec. 27 of RA 9275 (the Clean
in the Manila Bay. Water Act), and other existing laws on
pollution.
PCG, pursuant to Secs. 4 and 6 of PD 979,
and the PNP Maritime Group, in
accordance with Sec. 124 of RA 8550, in
This case turns on government agencies and
coordination with each other, shall
their officers who, by the nature of their
apprehend violators of PD 979, RA 8550,
respective offices or by direct statutory
and other existing laws and regulations
command, are tasked to protect and
designed to prevent marine pollution in the
preserve, at the first instance, our internal
Manila Bay.
waters, rivers, shores, and seas polluted by
Secs. 2 and 6-c of EO 513 and the human activities. To most of these agencies
International Convention for the and their official complement, the pollution
Prevention of Pollution from Ships, the menace does not seem to carry the high
PPA is ordered to immediately adopt such national priority it deserves, if their track
measures to prevent the discharge and records are to be the norm. Their cavalier
dumping of solid and liquid wastes and other attitude towards solving, if not mitigating, the
ship-generated wastes into the Manila Bay environmental pollution problem, is a sad
waters from vessels docked at ports and commentary on bureaucratic efficiency and
apprehend the violators. commitment.
MMDA, as the lead agency and implementor January 29, 1999, respondents Concerned
of programs and projects for flood control Residents of Manila Bay filed a complaint
projects and drainage services in Metro before the Regional Trial Court (RTC) in
Manila, Imus, Cavite against several government
agencies, among them the petitioners, for the
dismantle and remove all structures,
cleanup, rehabilitation, and protection of the
constructions, and other encroachments
Manila Bay.
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lOMoARcPSD|18318092
complaint alleged that the water quality of such duties, on the other, are two different
the Manila Bay had fallen way below the concepts.
allowable standards set by law, specifically
While the implementation of the MMDA’s
Presidential Decree No. (PD) 1152 or the
mandated tasks may entail a decision-
Philippine Environment Code.
making process, the enforcement of the
RTC ordered the clean up. CA affirmed the law or the very act of doing what the law
RTC exacts to be done is ministerial in nature
and may be compelled by mandamus.
Petitioners, before the CA, were one in
arguing in the main that the pertinent the MMDA’s duty to put up an adequate
provisions of the Environment Code (PD and appropriate sanitary landfill and solid
1152) relate only to the cleaning of specific waste and liquid disposal as well as other
pollution incidents and do not cover cleaning alternative garbage disposal systems is
in general. ministerial, its duty being a statutory
imposition.
And apart from raising concerns about the
lack of funds appropriated for cleaning The MMDA’s duty in this regard is spelled out
purposes, petitioners also asserted that the in Sec. 3(c) of Republic Act No. (RA) 7924
cleaning of the Manila Bay is not a ministerial creating the MMDA.
act which can be compelled by mandamus.
This section defines and delineates the
ISSUE: scope of the MMDA’s waste disposal
services to include:
do Sections 17 and 20 of PD 1152 under
the headings, Upgrading of Water Solid waste disposal and management which
Quality and Clean-up Operations, envisage include formulation and implementation of
a cleanup in general or are they limited only policies, standards, programs and projects
to the cleanup of specific pollution incidents? for proper and sanitary waste disposal. It
shall likewise include the establishment
can petitioners be compelled by mandamus
and operation of sanitary land fill and
to clean up and rehabilitate the Manila Bay?
related facilities and the implementation of
RULING: other alternative programs intended to
reduce, reuse and recycle solid waste
the writ of mandamus lies to require the
execution of a ministerial duty. MMDA is duty-bound to comply with Sec. 41
of the Ecological Solid Waste
A ministerial duty is one that "requires Management Act (RA 9003)
neither the exercise of official discretion nor
judgment Sec. 17 does not in any way state that the
government agencies concerned ought to
Mandamus is available to compel action, confine themselves to the containment,
when refused, on matters involving removal, and cleaning operations when a
discretion, but not to direct the exercise of specific pollution incident occurs.
judgment or discretion one way or the other.
On the contrary, Sec. 17 requires them to
we wish to state that petitioners’ obligation act even in the absence of a specific
to perform their duties as defined by law, pollution incident, as long as water
on one hand, and how they are to carry out quality "has deteriorated to a degree
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lOMoARcPSD|18318092
where its state will adversely affect its the natural environment for current and
best usage." future generations.
This section, to stress, commands Towards this end, the State adopts the
concerned government agencies, when principle of protecting the climate system for
appropriate, "to take such measures as may the benefit of humankind, on the basis of
be necessary to meet the prescribed water climate justice or common but differentiated
quality standards." In fine, the underlying responsibilities and the Precautionary
duty to upgrade the quality of water is not Principle to guide decision-making in climate
conditional on the occurrence of any pollution risk management. As a party to the United
incident. Nations Framework Convention on Climate
Change, the State adopts the ultimate
RA 9003 is a sweeping piece of legislation
objective of the Convention which is the
enacted to radically transform and improve
stabilization of greenhouse gas
waste management. It implements Sec. 16,
concentrations in the atmosphere at a level
Art. II of the 1987 Constitution, which
that would prevent dangerous anthropogenic
explicitly provides that the State shall protect
interference with the climate system which
and advance the right of the people to a
should be achieved within a time frame
balanced and healthful ecology in accord
sufficient to allow ecosystems to adapt
with the rhythm and harmony of nature.
naturally to climate change, to ensure that
food production is not threatened and to
enable economic development to proceed in
RA 9729- Climate Change Act of a sustainable manner. As a party to the
Hyogo Framework for Action, the State
2009 likewise adopts the strategic goals in order to
-Section 16 of the 1987 Constitution led to build national and local resilience to climate
the creation of RA 9729. change-related disasters.
-conceived as the country’s response to the Recognizing the vulnerability of the

worldwide phenomenon on climate change. Philippine archipelago and its local
communities, particularly the poor, women,
-allowed mainstreaming of climate change and children, to potential dangerous
into government formulation of programs and consequences of climate change such as
projects, plans and strategies, and policies, rising seas, changing landscapes, increasing
creation of Climate Change Commission, frequency and/or severity of droughts, fires,
and establishment of Framework Strategy floods and storms, climate-related illnesses
and Program for climate change. and diseases, damage to ecosystems,
SECTION 2. Declaration of Policy.— biodiversity loss that affect the country’s
environment, culture, and economy, the
It is the policy of the State to afford full State shall cooperate with the global
protection and the advancement of the right community in the resolution of climate
of the people to a healthful ecology in accord change issues, including disaster risk
with the rhythm and harmony of nature. In reduction. It shall be the policy of the State to
this light, the State has adopted the enjoin the participation of national and local
Philippine Agenda 21 framework which governments, businesses, nongovernment
espouses sustainable development, to fulfill organizations, local communities and the
human needs while maintaining the quality of public to prevent and reduce the adverse
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impacts of climate change and, at the same adjust to climate change including climate
time, maximize the benefits of climate variability and extremes, to moderate or
change. It shall also be the policy of the State offset potential damages and to take
to incorporate a gender-sensitive, pro- advantage of associated opportunities with
children and pro-poor perspective in all changes in climate or to cope with the
climate change and renewable energy consequences thereof.
efforts, plans and programs. In view thereof,
(c) “Anthropogenic causes” refer to causes
the State shall strengthen, integrate,
resulting from human activities or produced
consolidate and institutionalize government
by human beings.
initiatives to achieve coordination in the
implementation of plans and programs to (d) “Climate Change” refers to a change in
address climate change in the context of climate that can be identified by changes in
sustainable development. the mean and/or variability of its properties
and that persists for an extended period
Further recognizing that climate change and
typically decades or longer, whether due to
disaster risk reduction are closely
natural variability or as a result of human
interrelated and effective disaster risk
activity.
reduction will enhance climate change
adaptive capacity, the State shall integrate (e) “Climate Variability” refers to the
disaster risk reduction into climate change variations in the average state and in other
programs and initiatives. statistics of the climate on all temporal and
spatial scales beyond that of individual
Cognizant of the need to ensure that national
weather events.
and sub-national government policies, plans,
programs and projects are founded upon (f) “Climate Risk” refers to the product of
sound environmental considerations and the climate and related hazards working over the
principle of sustainable development, it is vulnerability of human and natural
hereby declared the policy of the State to ecosystems.
systematically integrate the concept of
climate change in various phases of policy (g) “Disaster” refers to a serious disruption of
formulation, development plans, poverty the functioning of a community or a society
reduction strategies and other development involving widespread human, material,
tools and techniques by all agencies and economic or environmental losses and
instrumentalities of the government. impacts which exceed the ability of the
affected community or society to cope using
SECTION 3. Definition of Terms.— its own resources.
For purposes of this Act, the following shall (h) “Disaster risk reduction” refers to the
have the corresponding meanings: concept and practice of reducing disaster
risks through systematic efforts to analyze
(a) “Adaptation” refers to the adjustment in
and manage the causal factors of disasters,
natural or human systems in response to
including through reduced exposure to
actual or expected climatic stimuli or their
hazards, lessened vulnerability of people
effects, which moderates harm or exploits
beneficial opportunities. and property, wise management of land and
the environment, and improved
(b) “Adaptive capacity” refers to the ability of preparedness for adverse events.
ecological, social or economic systems to
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(i) “Gender mainstreaming” refers to the (p) “Sea level rise” refers to an increase in
strategy for making women’s as well as sea level which may be influenced by factors
men’s concerns and experiences an integral like global warming through expansion of sea
dimension of the design, implementation, water as the oceans warm and melting of ice
monitoring, and evaluation of policies and over land and local factors such as land
programs in all political, economic, and subsidence.
societal spheres so that women and men
(q) “Vulnerability” refers to the degree to
benefit equally and inequality is not
which a system is susceptible to, or unable to
perpetuated. It is the process of assessing
cope with, adverse effects of climate change,
the implications for women and men of any
including climate variability and extremes.
planned action, including legislation, policies,
or programs in all areas and at all levels. Vulnerability is a function of the character,
magnitude, and rate of climate change and
(j) “Global Warming” refers to the increase in variation to which a system is exposed, its
the average temperature of the Earth’s near- sensitivity, and its adaptive capacity.
surface air and oceans that is associated
SECTION 4. Creation of the Climate
with the increased concentration of
Change Commission.—
greenhouse gases in the atmosphere.
There is hereby established a Climate
(k) “Greenhouse effect” refers to the process
Change Commission, hereinafter referred to
by which the absorption of infrared radiation
as the Commission.
by the atmosphere warms the Earth.
The Commission shall be an independent
(l) “Greenhouse gases (GHG)” refers to
and autonomous body and shall have the
constituents of the atmosphere that
same status as that of a national
contribute to the greenhouse effect including,
government agency. It shall be attached to
but not limited to, carbon dioxide, methane,
the Office of the President.
nitrous oxide, hydrofluorocarbons,
perfluorocarbons and sulfur hexafluoride. The Commission shall be the sole policy-
making body of the government which
(m) “Mainstreaming” refers to the integration
shall be tasked to coordinate, monitor
of policies and measures that address
and evaluate the programs and action
climate change into development planning
plans of the government relating to
and sectoral decision-making.
climate change pursuant to the
(n) “Mitigation” in the context of climate provisions of this Act.
change, refers to human intervention to
The Commission shall be organized within
address anthropogenic emissions by
sixty (60) days from the effectivity of this Act.
sources and removals by sinks of all GHG,
including ozone-depleting substances and SECTION 5. Composition of the
their substitutes. Commission.—
(o) “Mitigation potential” shall refer to the The Commission shall be composed of the
scale of GHG reductions that could be made, President of the Republic of the
relative to emission baselines, for a given Philippines who shall serve as the
level of carbon price (expressed in cost per Chairperson, and three (3) Commissioners
unit of carbon dioxide equivalent emissions to be appointed by the President, one of
avoided or reduced).
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whom shall serve as the Vice Chairperson of (p) Chairperson of the National Commission
the Commission. on the Role of Filipino Women;
The Commission shall have an advisory (q) President of the League of Provinces;
board composed of the following:
(r) President of the League of Cities;
(a) Secretary of the Department of
(s) President of the League of Municipalities;
Agriculture;
(t) President of the Liga ng mga Barangay;
(b) Secretary of the Department of Energy;
(u) Representative from the academe;
(c) Secretary of the Department of
Environment and Natural Resources; (v) Representative from the business sector;
and
(d) Secretary of the Department of
Education; (w) Representative from nongovernmental
organizations.
(e) Secretary of the Department of Foreign
Affairs; At least one (1) of the sectoral
representatives shall come from the disaster
(f) Secretary of the Department of Health;
risk reduction community.
(g) Secretary of the Department of the
The representatives shall be appointed by
Interior and Local Government;
the President from a list of nominees
(h) Secretary of the Department of National submitted by their respective groups. They
Defense, in his capacity as Chair of the shall serve for a term of six (6) years without
National Disaster Coordinating Council; reappointment unless their representation is
withdrawn by the sector they represent.
(i) Secretary of the Department of Public
Appointment to any vacancy shall be only for
Works and Highways;
the unexpired term of the predecessor.
(j) Secretary of the Department of Science
Only the ex officio members of the advisory
and Technology;
board shall appoint a qualified representative
(k) Secretary of the Department of Social who shall hold a rank of no less than an
Welfare and Development; Undersecretary.
(l) Secretary of the Department of Trade and

Industry;
RA 7586- National Integrated
(m) Secretary of the Department of Protected Areas System Act
Transportation and Communications;
Section 2. Declaration of Policy –
(n) Director-General of the National
Economic and Development Authority, in his Cognizant of the profound impact of man’s
activities on all components of the natural
capacity as Chair of the Philippine Council for
Sustainable Development; environment particularly the effect of
increasing population, resource exploitation
(o) Director-General of the National Security and industrial advancement and recognizing
Council; the critical importance of protecting and
maintaining the natural biological and
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physical diversities of the environment e. Protected landscapes and seascapes;

notably on areas with biologically unique
f. Resource reserve;
features to sustain human life and
development, as well as plant and animal life, g. Natural biotic areas; and
it is hereby declared the policy of the State to
secure for the Filipino people of present and h. Other categories established by law,
future generations the perpetual existence of conventions or international agreements
all native plants and animals through the which the Philippine Government is a
establishment of a comprehensive system of signatory.
integrated protected areas within the Section 4. Definition of Terms –
classification of national park as provided for
in the Constitution. For purposes of this Act, the following terms
shall be defined as follows:
It is hereby recognized that these areas,
although distinct in features, posses common 1. "National Integrated Protected Areas
ecological values that may be incorporated System (NIPAS)" is the classification and
into a holistic plan representative of our administration of all designated protected
natural heritage; that effective administration areas to maintain essential ecological
of this area is possible only through processes and life-support systems, to
cooperation among national government, preserve genetic diversity, to ensure
local government and concerned private sustainable use of resources found therein,
organizations; that the use and enjoyment of and to maintain their natural conditions to the
these protected areas must be consistent greatest extent possible;
with the principles of biological diversity and
2. "Protected Area" refers to identified
sustainable development.
portions of land and water set aside by
To this end, there is hereby established a reason of their unique physical and biological
National Integrated Protected Areas System significance, managed to enhance biological
(NIPAS), which shall encompass diversity and protected against destructive
outstandingly remarkable areas and human exploitation;
biologically important public lands that are
3. "Buffer zones" are identified areas outside
habitats of rare and endangered species of
the boundaries of and immediately adjacent
plants and animals, biogeographic zones
to designated protected areas pursuant to
and related ecosystems, whether terrestrial,
Section 8 that need special development
wetland or marine, all of which shall be
control in order to avoid or minimize harm to
designated as "protected areas".
the protected area;
Section 3. Categories –
Sec. 20. Prohibited Acts. - Except as may be
The following categories of protected areas allowed by the nature of their categories and
are hereby established: pursuant to rules and regulations governing
the same, the following acts are prohibited
a. Strict nature reserve; within protected areas:
b. Natural park; "(a) Poaching, killing, destroying, disturbing
c. Natural monument; of any wildlife including in private lands within
the protected area;
d. Wildlife sanctuary;
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"(b) Hunting, taking, collecting, or possessing state, including pesticides and other
of any wildlife, or by-products derived hazardous substances as defined under
therefrom, including in private lands within Republic Act No. 6969, otherwise known as
the protected area without the necessary the "Toxic Substances and Hazardous and
permit, authorization or Nuclear Waste Control Act of 1990'
exemption: Provided, That the PASU as detrimental to the protected area, or to the
authorization or exemption only for culling, plants and animals or inhabitants therein;
scientific research , the exemptions provided
"(g) Operating any motorized conveyance
under Section 27(a) of Republic Act No. 9147
within the protected area without permit from
(Wildlife Resources, Conservation and
the PAMB, except when the use of such
Protection Act) or harvests of nonprotected
motorized conveyance is the only practical
species in multiple-use zones by tenured
migrants and IPs; means of transportation of IPs/ICCs in
accessing their ancestral domain/land;
"(c) Cutting, gathering, removing or collecting
"(h) Altering, removing, destroying or
timber within the protected area including
defacing boundary marks or signs;
provate lands therein, without the necessary
permit, authorization, certification of planted "(i) Engaging in 'kaingin' or, any manner,
trees or exemption such acts are done in causing forest fires inside the protected area;
accordance with the duly recognized
practices of the IPs/ICCs for subsistence "(j) Mutilating, defacing, destroying,
puposes; excavating, vandalizing or, in any manner
damaging any natural formation, religious,
"(d) Possessing or transporting outside the spiritual, historical sites, artifacts and other
protected area any timber, forest products, objects of natural beauty, scenic value or
wildlife, or by-products derived therefrom objects of interest to IPs/ICCs;
which are ascertained to have been taken
from the protected area other that exotic "(k) Damaging and leaving roads and trails in
species, the culling of which has been damaged condition;
authorized under an appropriate permit; "(l) Littering or depositing refuse or debris on
"(e) Using any fishing or harvesting gear and the ground or in bodies of water;
practices or any of their variations that "(m) Possessing or using blasting caps or
destroys coral reefs, seagrass beds or other explosives anywhere within the protected
marine life and their associated habitats or area;
terrestrial habitat as may be determined by
the DA or the DENR; Provided, That mere "(n) Occupying or dwelling in any public land
possession of such gears within the within the protected area without clearance
protected areas shall be prima from the PAMB;
facie evidence of their use;
"(o) Constructing, erecting, or maintaining
"(f) Dumping, throwing, using, or causing to any kind of structure, fence or enclosure,
be dumped into or places in the protected conducting any business enterprise within
area of any toxic chemical, noxious or the protected area without prior clearance
poisonous substance or nonbiodegradable from the PAMB and permit from the DENR,
material, untreated sewage or animal waste or conducting these activities in a manner
or products whether in liquid, solid or gas that is inconsistent with the management
plan duly approved by the PAMB;
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"(p) Undertaking mineral exploration or National park refers to the lands of the public
extraction within the protected area; domain classified as such in the Constitution
which include all areas under the NIPAS
"(q) Engaging in commercial or large-scale
pursuant to this Act, primarily designated for
qaurrying within the protected area;
the conservation of native plants and
"(r) Establishing or introducing exotic animals, their associated habitats and
species, including GMOs or invasive alien cultural diversity;
species within the protected area;
"(s) Conducting bioprospecting within the
protected area without prior PAMB clearance PD 705 – Revised Forestry Code
in accordance with existing (as amended by EO 277)
guidelines: Provided, That in addition to the
penalty provided herein, any commercial use Section 2 - Policies
of any substance derived from nonpermitted
The State hereby adopts the following
bioprospecting within a protected area will policies:
not be allowed and all revenue earned from
illegal commercialization thereof shall be a. The multiple uses of forest lands shall be
forfeited and deposited as part of the I{AF; oriented to the development and progress
requirements of the country, the
"(t) Prospecting, hunting or otherwise
advancement of science and technology,
locating hidden treasure within the protected and the public welfare;
area;
b. Land classification and survey shall be
"(u) Purchasing or selling, mortgaging or systematized and hastened;
leasing lands or other portions of the
protected area which are covered by any c. The establishment of wood-processing
tenurial instrument; and plants shall be encouraged and rationalized;
and
"(v) Constructing any permanent structure
within the forty (40)-meter easement from the d. The protection, development and
high water mark of any natural body of water rehabilitation of forest lands shall be
or issuing a permit for such construction emphasized so as to ensure their continuity
pursuant to Article 51 of Presidential Decree in productive condition.
No. 1067: Provided, That construction for
Section 3 - Definitions
common usage wharves and shoreline
protection shall be permitted by the PAMB a. Public forest is the mass of lands of the
only after thorough EIA." public domain which has not been the
subject of the present system of classification
Natural park refers to a relatively large area
for the determination of which lands are
not materially altered by human activity
needed for forest purposes and which are
where extractive resources uses not allowed
not.
and is maintained to protect outstanding
natural and scenic areas of national or b. Permanent forest or forest reserves refer
international significance for scientific, to those lands of the public domain which
educational, recreational use; have been the subject of the present system
of classification and determined to be
needed for forest purposes.
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c. Alienable and disposable lands refer to On October 19, 1998, respondents

those lands of the public domain which have Secretary of the Department of
been the subject of the present system of Environment and Natural Resources
classification and declared as not needed for (DENR) and Secretary of the Department
forest purposes. of Budget and Management (DBM) filed
through the Solicitor General a consolidated
d. Forest lands include the public forest, the
Comment. The Solicitor General is of the
permanent forest or forest reserves, and
view that the IPRA is partly
forest reservations.
unconstitutional on the ground that it grants
e. Grazing land refers to that portion of the ownership over natural resources to
public domain which has been set aside, in indigenous peoples and prays that the
view of the suitability of its topography and petition be granted in part.
vegetation, for the raising of livestock.
On November 10, 1998, a group of
f. Mineral lands refer to those lands of the intervenors, composed of Sen. Juan
public domain which have been classified as Flavier, one of the authors of the IPRA,
such by the Secretary of Natural Resources Mr. Ponciano Bennagen, a member of the
in accordance with prescribed and approved 1986 Constitutional Commission, and the
criteria, guidelines and procedure. leaders and members of 112 groups of
indigenous people join the NCIP in
g. Forest reservations refer to forest lands defending the constitutionality of IPRA
which have been reserved by the President and praying for the dismissal of the petition.
of the Philippines for any specific purpose or
purposes. The CHR asserts that IPRA is an
expression of the principle of parens
- - - - - - - - - -- -- - - - - - - patriae and that the State has the
responsibility to protect and guarantee
CRUZ V NCIP the rights of those who are at a serious
disadvantage like indigenous peoples.
FACTS:
For this reason it prays that the petition be
Petitioners Isagani Cruz and Cesar dismissed.
Europa assails the constitutionality of
another group, composed of the Ikalahan
certain provisions of Republic Act No.
Indigenous People and the Haribon
8371 (R.A. 8371), otherwise known as the
Foundation for the Conservation of
Indigenous Peoples Rights Act of 1997
Natural Resources, Inc. (Haribon, et al.)
(IPRA), and its Implementing Rules and
agree with the NCIP and Flavier, et al. that
Regulations.
IPRA is consistent with the Constitution and
Chairperson and Commissioners of the pray that the petition for prohibition and
National Commission on Indigenous Peoples mandamus be dismissed.
(NCIP), the government agency created
Petitioners assail the constitutionality of the
under the IPRA to implement its provisions,
following provisions of the IPRA and its
defended the constitutionality of the IPRA
Implementing Rules on the ground that they
and pray that the petition be dismissed for
amount to an unlawful deprivation of the
lack of merit.
State’s ownership over lands of the public
domain as well as minerals and other
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lOMoARcPSD|18318092
natural resources therein, in violation of protected areas, forest cover or

the regalian doctrine embodied in Section reforestation."
2, Article XII of the Constitution:
Petitioners also content that, by providing
"(1) Section 3(a) which defines the extent for an all-encompassing definition of
and coverage of ancestral domains, and "ancestral domains" and "ancestral lands"
which might even include private lands found
Section 3(b) which, in turn, defines ancestral
within said areas, Sections 3(a) and 3(b)
lands;
violate the rights of private landowners.
"(2) Section 5, in relation to section 3(a),
petitioners question the provisions of the
which provides that ancestral domains
IPRA defining the powers and jurisdiction of
including inalienable public lands, bodies of
the NCIP and making customary law
water, mineral and other resources found
applicable to the settlement of disputes
within ancestral domains are private but
involving ancestral domains and ancestral
community property of the indigenous
lands on the ground that these provisions
peoples;
violate the due process clause of the
"(3) Section 6 in relation to section 3(a) and Constitution
3(b) which defines the composition of
petitioners assail the validity of Rule VII,
ancestral domains and ancestral lands;
Part II, Section 1 of the NCIP
"(4) Section 7 which recognizes and Administrative Order No. 1, series of
enumerates the rights of the indigenous 1998, which provides that "the administrative
peoples over the ancestral domains; relationship of the NCIP to the Office of the
President is characterized as a lateral but
(5) Section 8 which recognizes and autonomous relationship for purposes of
enumerates the rights of the indigenous policy and program coordination." They
peoples over the ancestral lands; contend that said Rule infringes upon the
"(6) Section 57 which provides for priority President’s power of control over
rights of the indigenous peoples in the executive departments under Section 17,
harvesting, extraction, development or Article VII of the Constitution.
exploration of minerals and other natural
resources within the areas claimed to be their
ancestral domains, and the right to enter into ISSUE:
agreements with nonindigenous peoples for
Whether the said provisions of the iPRA Law
the development and utilization of natural is invalid
resources therein for a period not exceeding
25 years, renewable for not more than 25 RULING:
years; and
As the votes were equally divided (7 to 7)
"(7) Section 58 which gives the indigenous and the necessary majority was not obtained,
peoples the responsibility to maintain, the case was redeliberated upon. However,
develop, protect and conserve the ancestral after redeliberation, the voting remained the
domains and portions thereof which are same. Accordingly, pursuant to Rule 56,
found to be necessary for critical watersheds, Section 7 of the Rules of Civil Procedure, the
mangroves, wildlife sanctuaries, wilderness, petition is DISMISSED.
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Director-LMB v. CA 3. That said land is neither inside the

relocation site earmarked for Metro Manila
FACTS: squatters nor any pasture lease; it is not
covered by any existing public land
On May 15, 1975, the private respondent,
application and no patent or title has been
Aquilino Cariño, filed with the then Branch
issued therefor;
I, Court of First Instance of Laguna, a
petition1 for registration of Lot No. 6, a sugar 4. That the herein petitioner has been in
land, more or less, forming part of a bigger continuous, open and exclusive possession
tract of land and situated in Barrio Sala, of the land who acquired the same thru
Cabuyao, Laguna. inheritance from his deceased mother,
Teresa Lauchangco as mentioned on the
Private respondent declared that subject
Extra-judicial partition dated July 26, 1963
land was originally owned by his mother,
which applicant requested that said
Teresa Lauchangco, who died on February
instrument will be presented on the hearing
15, 1911, later administered by him in
of this case; and that said land is also
behalf of his five brothers and sisters, after
declared for taxation purposes in the name of
the death of their father in 1934.
the petitioner;
In 1949, private respondent and his
With the private respondent as lone witness
brother, Severino Cariño, became co-
for his petition, and the Director of Lands as
owners of Lot No. 6 by virtue of an extra-
the only oppositor, the proceedings below
judicial partition of the land,
ended.
On July 26, 1963, through another deed of
extrajudicial settlement, sole ownership
of Lot No. 6 was adjudicated to the private ISSUE:
respondent.
Whether or not the respondent established
Pertinent report of the Land Investigator of proof of his muniment of title to merit
the Bureau of Lands (now Bureau of Lands registration of land in his favor?
Management)
RULING:
1. That the land subject for registration thru
judicial confirmation of imperfect title is under the Land Registration Act. Pursuant
situated in the barrio of Sala, municipality of to said Act, he who alleges in his petition or
Cabuyao, province of Laguna and that the application, ownership in fee simple, must
same is agricultural in nature and the present muniments of title since the Spanish
improvements found thereon are sugarcane, times, such as a titulo real or royal grant, a
bamboo clumps, chico and mango trees and concession especial or special grant,
one house of the tenant made of light a composicion con al estado or adjustment
materials; title, or a titulo de compra or title through
purchase; and "informacion possessoria" or
2. That the land subject for registration is "possessory information title", which would
outside any civil or military reservation, become a "titulo gratuito" or a gratuitous title.
riverbed, park and watershed reservation
and that same land is free from claim and the private respondents (petitioner below)
conflict; has not produced a single muniment of
title substantiate his claim of ownership
MNI NOTES|23

lOMoARcPSD|18318092
The Court has therefore no other recourse, law and not factual proof of possession are
but to dismiss private respondent's unavailing and cannot suffice.
petition for the registration of subject land
The Court cannot apply here the juris et de
under Act 496.
jure presumption that the lot being claimed
even if considered as petition for by the private respondent ceased to be a
confirmation of imperfect title under the public land and has become private
Public land Act (CA No. 141), as amended, property. To reiterate, under the Regalian
private respondent's petition would meet doctrine all lands belong to the
the same fate. For insufficiency of State. Unless alienated in accordance with
evidence, its denial is inevitable. The law, it retains its basic rights over the same
evidence adduced by the private respondent as dominus.
is not enough to prove his possession of
subject lot in concept of owner, in the
manner and for the number of years required Republic v. Lee
by law for the confirmation of imperfect title.
FACTS:
Possession of public lands, however long,
never confers title upon the possessor, On June 29, 1976, respondent Maria P.
unless the occupant can prove possession or Lee filed before the then Court of First
occupation of the same under claim of Instance (now Regional Trial Court) of
ownership for the required period to Pangasinan, an application1 for
constitute a grant from the State. registration in her favor of a parcel of land
consisting of 6,843 square meters, more or
The underlying principle is that all lands
less, located at Mangaldan, Pangasinan.
that were not acquired from the
government, either by purchase or by Director of Lands, in representation of the
grant, belong to the state as part of the Republic of the Philippines, filed an
public domain opposition, alleging that neither the applicant
nor her predecessors-in-interest have
In order that a petition for registration of
acquired the land under any of the Spanish
land may prosper and the petitioners may
titles or any other recognized mode for the
savor the benefit resulting from the issuance
acquisition of title; that neither she nor her
of certificate of title for the land petitioned for,
predecessors-in-interest have been in open,
the burden is upon him (petitioner) to
continuous, exclusive and notorious
show that he and/or his predecessor-in-
possession of the land in concept of owner at
interest has been in open, continuous,
least thirty (30) years immediately preceding
exclusive, and adverse possession and
the filing of the application; and that the land
occupation of the land sought for registration,
is a portion of the public domain belonging
for at least (30) thirty years immediately
to the Republic of the Philippines.
preceding the filing of the petition for
confirmation of title. Private respondent, on the other hand,
contends that she was able to prove her title
Basic is the rule that the petitioner in a land
to the land in question through documentary
registration case must prove the facts and
evidence consisting of Deeds of Sale and
circumstances evidencing his alleged
tax declarations and receipts as well as
ownership of the land applied for. General
her testimony that her predecessors-in-
statements, which are mere conclusions of
MNI NOTES|24

lOMoARcPSD|18318092
interest had been in possession of the land Equally basic is the rule that no public land
in question for more than 20 years; that said can be acquired by private persons
testimony, which petitioner characterizes as without any grant, express or implied,
superfluous and uncalled for, deserves from government.
weight and credence considering its
A grant is conclusively presumed by law
spontaneity; that in any event, the
when the claimant, by himself or through his
attending fiscal should have cross-
predecessors-in-interest, has occupied the
examined her on that point to test her
land openly, continuously, exclusively, and
credibility; and that, the reason said fiscal
under a claim of title since July 26, 189410 or
failed to do so is that the latter is personally
prior thereto.
aware of facts showing that the land being
applied for is a private land. That the representing fiscal did not cross-
examine her on this point does not help her
CFI/RTC, granted the petition of Lee.
cause because the burden is upon her to
CA affirmed the decision of the lower court prove by clear, positive and absolute
evidence that her predecessors' possession
ISSUE:
was indeed adverse, continuous, open,
does the bare statement of the applicant that public, peaceful and in concept of owner.
the land applied for has been in the
Suffice it to say that it is not the fiscal, but
possession of her predecessors-in- interest
the court which should be convinced, by
for more than 20 years constitute the "well-
competent proof, of private respondent's
nigh incontrovertible" and "conclusive"
registerable right over the subject parcel of
evidence required in proceedings of this
land.
nature?
RULING:
At the time of the filing of the application for Central Mindanao University v.
registration on June 29, 1976, private Executive Secretary
respondent had been in possession of the
FACTS:
subject area for about thirteen (13) years.
Central Mindanao University (CMU) is a
The most basic rule in land registration
chartered educational institution owned and
cases is that "no person is entitled to have
run by the State.
land registered under the Cadastral or
Torrens system unless he is the owner in President issued Presidential
fee simple of the same, even though there Proclamation 476, reserving 3,401 hectares
is no opposition presented against such of lands of the public domain in Musuan,
registration by third persons. . . . Bukidnon, as school site for CMU.
Eventually, CMU obtained title in its name
In order that the petitioner for the registration
over 3,080 hectares of those lands.
of his land shag be permitted to have the
same registered, and to have the benefit Meanwhile, the government distributed
resulting from the certificate of title, finally, more than 300 hectares of the remaining
issued, the burden is upon him to show untitled lands to several tribes belonging
that he is the real and absolute owner, in to the area’s cultural communities.
fee simple."
MNI NOTES|25

lOMoARcPSD|18318092
Forty-five years later or on January 7, 2003 ISSUE:

President Gloria Macapagal-Arroyo
Whether or not Presidential Proclamation
issued Presidential Proclamation 310 that
310 is valid and constitutional.
takes 670 hectares from CMU’s registered
lands for distribution to indigenous peoples RULING:
and cultural communities in Barangay
Musuan, Maramag, Bukidnon. The key question lies in the character of the
lands taken from CMU
CMU filed a petition for prohibition against
respondents Executive Secretary, Secretary the DARAB, a national government agency
of the Department of Environment and charged with taking both privately-owned
Natural Resources, Chairperson and and government-owned agricultural lands for
Commissioner of the National Commission distribution to farmers-beneficiaries, ordered
on Indigenous Peoples (NCIP), before the the segregation for this purpose of 400
Regional Trial Court (RTC) of Malaybalay hectares of CMU lands.
City, seeking to stop the implementation The Court nullified the DARAB action
of Presidential Proclamation 310 and considering the inalienable character of such
have it declared unconstitutional. lands,
NCIP, et al moved to dismiss the case on the The education of the youth and agrarian
ground of lack of jurisdiction of the reform are admittedly among the highest
Malaybalay RTC over the action, pointing priorities in the government socio-
out that since the act sought to be enjoined economic programs. In this case, neither
relates to an official act of the Executive need give way to the other.
Department done in Manila, jurisdiction lies
with the Manila RTC. To our mind, the taking of the CMU land
which had been segregated for
after hearing the preliminary injunction educational purposes for distribution to
incident, the RTC issued a resolution yet uncertain beneficiaries is a gross
granting NCIP, et al’s motion for partial misinterpretation of the authority and
reconsideration and dismissed CMU’s jurisdiction granted by law to the DARAB.
action for lack of jurisdiction. Still, the RTC
ruled that Presidential Proclamation 310 These state colleges and universities are
was constitutional, being a valid State act. the main vehicles for our scientific and
The RTC said that the ultimate owner of technological advancement in the field of
the lands is the State and that CMU agriculture, so vital to the existence,
merely held the same in its behalf. growth and development of this country.
CMU filed a motion for reconsideration of the the lands by their character have become
resolution but the RTC denied the same on inalienable from the moment President
April 19, 2004. Garcia dedicated them for CMU’s use in
scientific and technological research in the
CMU to appeal the RTC’s dismissal order to field of agriculture. They have ceased to be
the Court of Appeals (CA) Mindanao alienable public lands.
Station. CA dismissed CMU’s appeal for lack
of jurisdiction when Congress enacted the Indigenous
Peoples’ Rights Act (IPRA) or Republic
Act 8371 in 1997, it provided in Section 56
MNI NOTES|26

lOMoARcPSD|18318092
that "property rights within the ancestral Regulations on the Conversion of

domains already existing and/or vested" Agricultural Lands to Non-agricultural Uses,"
upon its effectivity "shall be recognized and
respected." amending and updating the previous
rules on land use conversion.
In this case, ownership over the subject
Its coverage includes the following
lands had been vested in CMU as early as
agricultural lands, to wit:
1958. Consequently, transferring the lands
in 2003 to the indigenous peoples around the (1) those to be converted to residential,
area is not in accord with the IPRA. commercial, industrial, institutional and other
non-agricultural purposes;
(2) those to be devoted to another type of
CREBA v. Secretary of Agrarian agricultural activity such as livestock, poultry,
Reform and fishpond ─ the effect of which is to
exempt the land from the Comprehensive
FACTS:
Agrarian Reform Program (CARP) coverage;
CREBA, a private non-stock, non-profit
(3) those to be converted to non-agricultural
corporation, is the umbrella organization of
use other than that previously authorized;
some 3,500 private corporations,
and
partnerships, single proprietorships and
individuals directly or indirectly involved in (4) those reclassified to residential,
land and housing development, building and commercial, industrial, or other non-
infrastructure construction, materials agricultural uses on or after the effectivity of
production and supply, and services in the Republic Act No. 6657 on 15 June 1988
various related fields of engineering, pursuant to Section 20 of Republic Act No.
architecture, community planning and 71607 and other pertinent laws and
development financing. regulations, and are to be converted to such
uses.
Secretary of Agrarian Reform issued, on
29 October 1997, DAR AO No. 07- On 28 February 2002, issued another
97, entitled "Omnibus Rules and Procedures Administrative Order, i.e., DAR AO No. 01-
Governing Conversion of Agricultural Lands 02, entitled "2002 Comprehensive Rules on
to Non-Agricultural Uses," which Land Use Conversion," which further
consolidated all existing implementing amended DAR AO No. 07-97 and DAR AO
guidelines related to land use conversion. No. 01-99, and repealed all issuances
inconsistent therewith. The aforesaid DAR
aforesaid rules embraced all private
AO No. 01-02 covers all applications for
agricultural lands regardless of tenurial
conversion from agricultural to non-
arrangement and commodity produced,
agricultural uses or to another
and all untitled agricultural lands and
agricultural use.
agricultural lands reclassified by Local
Government Units (LGUs) into non- 2 August 2007, amended certain provisions
agricultural uses after 15 June 1988. of DAR AO No. 01-02 by formulating DAR
AO No. 05-07, particularly addressing land
Subsequently, on 30 March 1999, DAR AO
conversion in time of exigencies and
No. 01-99, entitled "Revised Rules and
calamities.
MNI NOTES|27

lOMoARcPSD|18318092
To address the unabated conversion of Being a mere administrative issuance, it

prime agricultural lands for real estate must conform to the statute it seeks to
development, the Secretary of Agrarian implement, i.e., Republic Act No. 6657, or to
Reform further issued Memorandum No. 88 the Constitution, otherwise, its validity or
on 15 April 2008, which temporarily constitutionality may be questioned.
suspended the processing and approval
petitioner contends that DAR AO No. 01-02,
of all land use conversion applications.
as amended, was made in violation of
petitioner claims that there is an actual Section 65 of Republic Act No. 6657
slow down of housing projects, which, in because it covers all applications for
turn, aggravated the housing shortage, conversion from agricultural to non-
unemployment and illegal squatting agricultural uses or to other agricultural uses,
problems to the substantial prejudice not such as the conversion of agricultural lands
only of the petitioner and its members but or areas that have been reclassified by the
more so of the whole nation. LGUs or by way of Presidential
Proclamations, to residential, commercial,
ISSUE:
industrial or other non-agricultural uses
Is DAR's AO unconstitutional?
RULING:
Petitioner holds that under Republic Act This petition must be dismissed.
No. 6657 and Republic Act No. 8435, the
term agricultural lands refers to "lands This Court thus reaffirms the judicial policy
devoted to or suitable for the cultivation of the that it will not entertain direct resort to it
soil, planting of crops, growing of fruit trees, unless the redress desired cannot be
raising of livestock, poultry or fish, including obtained in the appropriate courts, and
the harvesting of such farm products, and exceptional and compelling circumstances,
other farm activities and practices performed such as cases of national interest and of
by a farmer in conjunction with such farming serious implications, justify the availment of
operations done by a person whether natural the extraordinary remedy of writ of certiorari,
or juridical, and not classified by the law as calling for the exercise of its primary
mineral, forest, residential, commercial or jurisdiction.
industrial land."
In the case at bench, petitioner failed to
Secretary of Agrarian Reform, however, specifically and sufficiently set forth
issued DAR AO No. 01-02, he included in special and important reasons to justify
the definition of agricultural lands "lands not direct recourse to this Court and why this
reclassified as residential, commercial, Court should give due course to this petition
industrial or other non-agricultural uses in the first instance, hereby failing to fulfill the
before 15 June 1988. conditions set forth in Heirs of
Bertuldo Hinog v. Melicor.
petitioner avows that the Secretary of
Agrarian Reform acted without jurisdiction The present petition should have been
as he has no authority to expand or initially filed in the Court of Appeals in
enlarge the legal signification of the term strict observance of the doctrine on the
agricultural lands through DAR AO No. 01- hierarchy of courts.
02.
Failure to do so is sufficient cause for the
dismissal of this petition.
MNI NOTES|28

lOMoARcPSD|18318092
The essential requisites for a Petition for implement the land use conversion
Certiorari under Rule 65 are: provisions of Republic Act No. 6657.
(1) the writ is directed against a tribunal, a he neither acted in any judicial or quasi-
board, or an officer exercising judicial or judicial capacity nor assumed unto himself
quasi-judicial functions; any performance of judicial or quasi-judicial
prerogative.
(2) such tribunal, board, or officer has acted
without or in excess of jurisdiction, or with The Secretary of Agrarian Reform does not
grave abuse of discretion amounting to lack fall within the ambit of a tribunal, board, or
or excess of jurisdiction; and officer exercising judicial or quasi-judicial
functions.
(3) there is no appeal or any plain, speedy,
and adequate remedy in the ordinary course The issuance and enforcement by the
of law. Secretary of Agrarian Reform of the
questioned DAR AO No. 01-02, as
Excess of jurisdiction as distinguished
amended, and Memorandum No. 88 were
from absence of jurisdiction means that an
done in the exercise of his quasi-
act, though within the general power of a
legislative and administrative functions
tribunal, board or officer, is not authorized and not of judicial or quasi-judicial functions.
and invalid with respect to the particular
proceeding, because the conditions which As such, it can never be said that the
alone authorize the exercise of the general Secretary of Agrarian Reform had acted
power in respect of it are wanting. with grave abuse of discretion amounting
to lack or excess of jurisdiction in issuing
Without jurisdiction means lack or want of
and enforcing DAR AO No. 01-02, as
legal power, right or authority to hear and
amended, and Memorandum No. 88 for he
determine a cause or causes, considered
never exercised any judicial or quasi-judicial
either in general or with reference to a
functions but merely his quasi-legislative
particular matter. It means lack of power to
and administrative functions.
exercise authority.
Executive Order No. 129-A
Grave abuse of discretion implies such
capricious and whimsical exercise of vested upon the DAR the
judgment as is equivalent to lack of responsibility of implementing the CARP.
jurisdiction or, in other words, where the
authorized the DAR to establish and
power is exercised in an arbitrary manner by
promulgate operational policies, rules
reason of passion, prejudice, or personal
and regulations and priorities for
hostility, and it must be so patent or gross as
agrarian reform implementation.
to amount to an evasion of a positive duty or
to a virtual refusal to perform the duty authorized the DAR to approve or
enjoined or to act at all in contemplation of disapprove the conversion,
law. restructuring or readjustment of
agricultural lands into non-
The Secretary of Agrarian Reform in
agricultural uses.
issuing the assailed DAR AO No. 01-02, as
amended, as well as Memorandum No. 88 given the DAR the exclusive
did so in accordance with his mandate to authority to approve or disapprove
conversion of agricultural lands for
MNI NOTES|29

lOMoARcPSD|18318092
residential, commercial, industrial, and undergo conversion process before the

other land uses as may be provided for landowner can use such agricultural lands for
by law. such purpose.
"the authority and responsibility It is different, however, when through
for the exercise of the mandate of Presidential Proclamations public
the [DAR] and the discharge of its agricultural lands have been reserved in
powers and functions shall be vested in whole or in part for public use or purpose,
the Secretary of Agrarian Reform i.e., public school, etc., because in such a
case, conversion is no longer necessary.
Conversion is the act of changing the
current use of a piece of agricultural land into only a positive act of the President is
some other use as approved by the DAR needed to segregate or reserve a piece of
while land of the public domain for a public
purpose.
reclassification is the act of specifying how
agricultural lands shall be utilized for non-
agricultural uses such as residential,
industrial, and commercial, as embodied in
the land use plan, subject to the
requirements and procedures for land use
conversion.
a mere reclassification of an agricultural
land does not automatically allow a
landowner to change its use. He has to
undergo the process of conversion before he
is permitted to use the agricultural land for
other purposes.
agricultural lands though reclassified to
residential, commercial, industrial or other
non-agricultural uses must still undergo the
process of conversion before they can be
used for the purpose to which they are
intended.
DAR’s conversion authority can only be
exercised after the effectivity of Republic Act
No. 6657 on 15 June 1988.
Even reclassification of agricultural lands
by way of Presidential Proclamations to
non-agricultural uses, such as school sites,
needs conversion clearance from the DAR.
We reiterate that reclassification is different
from conversion. Reclassification alone will
not suffice and does not automatically allow
the landowner to change its use. It must still
MNI NOTES|30

lOMoARcPSD|18318092
PD 1899 – Small Scale Mining production of not more than 50,000 metric
tons of ore and satisfying the following
Program
requisites:
WHEREAS, the Philippine mining industry
1. The working is artisanal, whether open
has always been dominated by large-scale
cast or shallow underground mining, without
mining operations; prevailing statutes,
the use of sophisticated mining equipment;
policies, incentives and financing are
generally addressed to the large-scale sector 2. Minimal investment on infrastructures and
of the industry; and capital intensity with high processing plant;
debtequity ratio, mechanization and heavy
energy requirements characterize such type 3. Heavy reliance on manual labor; and
of operations, whose main attraction is the 4. Owned, managed or controlled by an
attainment of economies of scale through low individual or entity qualified under existing
cost but large tonnage operations; mining laws, rules and regulations.
WHEREAS, the advent of inflation, volatile Section 2.
commodity prices, multiple increases of oil
and fuel prices, stringent environmental The holders of mining rights meeting the
control measures and high cost of capital conditions of the preceding section may
proved to be most disastrous for Philippine apply at any time as small-scale mining
large scale mines; permittee/licensee, provided they are
holders of valid and existing mining rights,
WHEREAS, abundance of cheap labor in the who have subsequently complied with
Philippines, relative flexibility and simplicity existing mining laws, rules and regulations,
of operations, minimum capital before the promulgation of this Decree. A
requirements, less fuel dependent permit or license issued for this purpose
operations and minimal effects on the shall be valid for two (2) years renewable
environment are among the arguments that for another like period.
lend support to the development of small-
scale mining; Section 3.
WHEREAS, there exist small mineral The permittee or licensee shall produce
deposits that are being or could be worked within twelve (12) months from the date of
profitably at small tonnages requiring the issuance of the permit or license and
minimal capital investments utilizing manual shall submit verified periodic reports. Non-
labor; and compliance with these requirements shall
result in the forfeiture of the rights granted
WHEREAS, the development of these small under this Decree.
mineral deposits will generate more
employment opportunities, thereby Section 4.
alleviating the living conditions in the rural The small-scale mining
areas and will contribute additional foreign permittee/licensee shall, during the term of
exchange earnings; the permit or license, be exempt from
Section 1. payment of all taxes, except income tax.
Small-scale mining refers to any single unit Section 5.

mining operation having an annual
MNI NOTES|31

lOMoARcPSD|18318092
The Bureau of Mines and Geo-Sciences

shall provide technical assistance, whenever
feasible, as determined by the Director of
Mines and Geo-Sciences.
Section 6.
The Director of Mines and Geo-Sciences
may waive some other requirements from
other government agencies, which he may
deem unnecessary for the proper
implementation of the provisions of this
Decree.
Section 7.
New mining areas and/or areas covered by
existing reservations not covered by valid
and existing mining claims at the time of the
promulgation of this Decree shall be
governed by the implementing rules and
regulations that shall be hereinafter
promulgated.
The permit area falling under this Section,
and its immediate vicinity, shall be closed to
mining location and the permittee/licensee
shall have the first option to locate such
areas under other mining laws/decrees,
which shall be exercised within a period of
two (2) years from the grant of the permit or
license and to cover an area equivalent to but
not exceeding one meridional block.
Section 8.
The Minister of Natural Resources, upon
the recommendation of the Director of Mines
and Geo-Sciences, shall promulgate rules
and regulations to properly implement the
provisions of this Decree.
MNI NOTES|32

lOMoARcPSD|18318092
RA 7076 – People’s Small-Scale cemetery or burial site, water reservoir or a

separate parcel of land with an area often
Mining
thousand square meters (10,000sq.m.) or
What is People’s Small-Scale Mining Act? less.
 People’s Small-Scale Mining Act of e. Ancestral lands with prior consent of the
1991 enshrines the rights of small scale cultural communities
miners, and authorized Mining Regulatory f. Areas occupied by a community of
Board directly under DENR Secretary’s traditional small-scale miners, subject to
control and supervision to declare and set approval of the said community
aside people's small-scale mining areas in
sites onshore suitable for small-scale mining,  No ancestral land may be declared as a
immediately giving priority to areas already people's small-scale mining area without
occupied and actively mined by small-scale the prior consent of the cultural
miners before August 1, 1987; communities concerned: Provided that, if
ancestral lands are declared as people's
 Exceptions
small-scale mining areas, the members of
a. such areas are not considered as active the cultural communities therein shall be
mining areas; given priority in the awarding of small-scale
mining contracts; provided further that
b. the minerals found therein are technically royalties shall be paid to them by the parties
and commercially suitable for small-scale to the mining contract.
mining activities:
 Small-scale miners have easement
c. the areas are not covered by existing rights to mining and logging roads, private
forest rights or reservations and have not roads, port and communication facilities,
been declared as tourist or marine reserves, processing plant which are necessary for the
parks and wildlife reservations, unless their effective implementation of the People's
status as such is withdrawn by competent Small-scale Mining Program, subject to
authority, payment of reasonable fees to the operator,
 Suitable areas for small- scale mining: claim owner, landowner or lessor of the
property.
a. Areas already occupied and actively
mined by small-scale miners before August  In no case shall a small-scale mining
1, 1987Public lands not subject to any contract be subcontracted, assigned or
existing right, otherwise transferred.
b. Public lands not subject to any existing  A contract shall have a term of two (2)
rights years, renewable subject to verification by
the Board for like periods as long as the
c. Public lands covered by existing mining contractor complies with the provisions of the
rights which are not active mining areas, and act.
d. Private lands, except those with  The small-scale mining contractor shall
substantial improvements or used as a yard, be the owner of all mill tailings produced
stockyard, garden, plant nursery, plantation, from the contract area. He may sell the
cemetery or burial site; or land situated within
one hundred meters (100 m.) from such
MNI NOTES|33

lOMoARcPSD|18318092
tailings or have them processed in any (b) "Small-scale mining" refers to mining
custom mill in the area activities which rely heavily on manual labor
using simple implement and methods and do
 All golds shall be sold to the Central not use explosives or heavy mining
Bank, or its duly authorized representatives, equipment;
which shall buy it at prices competitive with
those prevailing in the world market (c) "Small-scale miners" refer to Filipino
regardless of volume or weight citizens who, individually or in the company
of other Filipino citizens, voluntarily form a
 Royalty of private land owner shall not cooperative duly licensed by the Department
exceed 1% of the gross value of minerals of Environment and Natural Resources to
Definition of Terms: engage, under the terms and conditions of a
contract, in the extraction or removal of
Section 3(b) Small-scale mining refers to minerals or ore-bearing materials from the
mining activities which rely heavily on ground;
manual labor using simple implements and
methods and do not use explosives or heavy (d) "Small-scale mining contract" refers to co-
mining equipment. production, joint venture or mineral
production sharing agreement between the
Small-scale miner refers to Filipino citizens State and a small-scale mining contractor for
who, individually or in the company of other the small-scale utilization of a plot of mineral
Filipino citizens voluntarily form a land;
cooperative duly licensed by the Department
of Environment and Natural Resources to (e) "Small-scale mining contractor" refers to
engage, under the terms and conditions of a an individual or a cooperative of small-scale
contract, in the extraction or removal of miners, registered with the Securities and
minerals or ore-bearing materials from the Exchange Commission or other appropriate
ground government agency, which has entered into
an agreement with the State for the small-
Section 2. Declaration of Policy. – It is scale utilization of a plot of mineral land
hereby declared of the State to promote, within a people's small-scale mining area;
develop, protect and rationalize viable small-
scale mining activities in order to generate (f) "Active mining area" refers to areas under
more employment opportunities and provide actual exploration, development, exploitation
an equitable sharing of the nation's wealth or commercial production as determined by
and natural resources, giving due regard to the Secretary after the necessary field
existing rights as herein provided. investigation or verification including
contiguous and geologically related areas
Section 3. Definitions. – For purposes of belonging to the same claimowner and/or
this Act, the following terms shall be defined under contract with an operator, but in no
as follows: case to exceed the maximum area allowed
by law;
(a) "Mineralized areas" refer to areas with
naturally occurring mineral deposits of gold, (g) "Existing mining right" refers to perfected
silver, chromite, kaolin, silica, marble, gravel, and subsisting claim, lease, license or permit
clay and like mineral resources; covering a mineralized area prior to its
declaration as a people's small-scale mining
area;
MNI NOTES|34

lOMoARcPSD|18318092
(h) "Claimowner" refers to a holder of an The People's Small-scale Mining Program

existing mining right; shall include the following features:
(i) "Processor" refers to a person issued a (a) The identification, segregation and
license to engage in the treatment of reservation of certain mineral lands as
minerals or ore-bearing materials such as by people's small-scale mining areas;
gravity concentration, leaching benefication,
(b) The recognition of prior existing rights
cyanidation, cutting, sizing, polishing and
and productivity;
other similar activities;
(c) The encouragement of the formation of
(j) "License" refers to the privilege granted to
cooperatives;
a person to legitimately pursue his
occupation as a small-scale miner or (d) The extension of technical and financial
processor under this Act; assistance, and other social services;
(k) "Mining plan" refers to a two-year (e) The extension of assistance in processing
program of activities and methodologies and marketing;
employed in the extraction and production of
minerals or ore-bearing materials, including (f) The generation of ancillary livelihood
the financial plan and other resources in activities;
support thereof; (g) The regulation of the small-scale mining
(l) "Director" refers to the regional executive industry with the view to encourage growth
director of the Department of Environment and productivity; and
and Natural Resources; and (h) The efficient collection of government
(m) "Secretary" refers to the Secretary of the revenue.
Department of Environment and Natural Section 5. Declaration of People's Small-
Resources. scale Mining Areas. – The Board is hereby
Section 4. People's Small-scale Mining authorized to declare and set aside people's
Program. – For the purpose of carrying out small-scale mining areas in sites onshore
the declared policy provided in Section 2 suitable for small-scale mining, subject to
hereof, there is hereby established a review by the Secretary, immediately giving
People's Small-scale Mining Program to be priority to areas already occupied and
implemented by the Secretary of the actively mined by small-scale miners before
Department of Environment and Natural August 1, 1987: provided, that such areas
Resources, hereinafter called the are not considered as active mining areas:
Department, in coordination with other provided, further, that the minerals found
concerned government agencies, designed therein are technically and commercially
to achieve an orderly, systematic and suitable for small-scale mining activities:
rational scheme for the small-scale provided, finally, that the areas are not
development and utilization of mineral covered by existing forest rights or
resources in certain mineral areas in reservations and have not been declared as
order to address the social, economic, tourist or marine reserved, parks and wildlife
technical, and environmental connected reservations, unless their status as such is
with small-scale mining activities. withdrawn by competent authority.
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Section 6. Future People's Small-scale Provided, that only one (1) people's small-
Mining Areas. – The following lands, when scale mining contract may be awarded at any
suitable for small-scale mining, may be one time to a small-scale mining operations
declared by the Board as people's small within one (1) year from the date of award:
scale mining areas: provided, further, that priority shall be given
or city where the small-scale mining area is
(a) Public lands not subject to any existing
located.
right;
Applications for a contract shall be subject to
(b) Public lands covered by existing mining
a reasonable fee to be paid to the
rights which are not active mining areas; and
Department of Environment and Natural
(c) Private lands, subject to certain rights and Resources regional office having jurisdiction
conditions, except those with substantial over the area.
improvements or in bona fide and regular use
Section 10. Extent of Contract Area. – The
as a yard, stockyard, garden, plant nursery,
Board shall determine the reasonable size
plantation, cemetery or burial site, or land
and shape of the contract area following the
situated within one hundred meters (100 m.)
meridional block system established under
from such cemetery or burial site, water
Presidential Decree No. 463, as amended,
reservoir or a separate parcel of land with an
otherwise known as the Mineral Resources
area of ten thousand square meters (10,000
Development Decree of 1974, but in no
sq. m.) or less.
case shall the area exceed twenty
Section 7. Ancestral Lands. – No ancestral hectares (20 has.) per contractor and the
land may be declared as a people's small- depth or length of the tunnel or adit not
scale mining area without the prior consent exceeding that recommended by the
of the cultural communities concerned: director taking into account the following
provided, that, if ancestral lands are declared circumstances:
as people's small-scale mining areas, the
(a) Size of membership and capitalization of
members of the cultural communities therein
the cooperative;
shall be given priority in the awarding of
small-scale mining contracts. (b) Size of mineralized area;
Section 8. Registration of Small-scale (c) Quantity of mineral deposits;
Miners. – All persons undertaking small-
(d) Safety of miners;
scale mining activities shall register as
miners with the Board and may organize (e) Environmental impact and other
themselves into cooperatives in order to considerations; and
qualify for the awarding of a people's small-
scale mining contract. (f) Other related circumstances.
Section 9. Award of People's Small-scale Section 11. Easement Rights. – Upon the
Mining Contracts. – A people's small-scale declaration of a people's small-scale mining
mining contract may be awarded by the area, the director, in consultation with the
Board to small-scale miners who have operator, claimowner, landowner or lessor of
voluntarily organized and have duly an affected area, shall determine the right of
registered with the appropriate government the small scale miners to existing facilities
agency as an individual miner or cooperative; such as mining and logging roads, private
roads, port and communication facilities,
MNI NOTES|36

lOMoARcPSD|18318092
processing plants which are necessary for (f) File under oath at the end of each month
the effective implementation of the People's a detailed production and financial report to
Small-scale Mining Program, subject to the Board; and
payment of reasonable fees to the operator,
claimowner, landowner or lessor. (g) Assume responsibility for the safety of
persons working in the mines.
Section 12. Rights Under a People's
Section 14. Rights of Claimowners. – In
Small-scale Mining Contract. – A people's
case a site declared and set aside as a
small-scale mining contract entitles the
people's-scale mining area is covered by an
small-scale mining contractor to the right to
existing mining right, the claimowner and the
mine, extract and dispose of mineral ores
small-scale miners therein are encouraged to
for commercial purposes. In no case shall
enter into a voluntary and acceptable
a small-scale mining contract be
contractual agreement with respect to the
subcontracted, assigned or otherwise
transferred. small-scale utilization of the mineral values
from the area under claim. In case of
Section 13. Terms and Conditions of the disagreement, the claimowner shall be
Contract. – A contract shall have a term of entitled to the following rights and
two (2) years, renewable subject to privileges:
verification by the Board for like periods as
(a) Exemption from the performance of
long as the contractor complies with the
annual work obligations and payment of
provisions set forth in this Act, and confers
occupation fees, rental, and real property
upon the contractor the right to mine within
taxes;
the contract area: provided, that the holder
of a small-scale mining contract shall (b) Subject to the approval of the Board, free
have the following duties and obligations: access to the contract area to conduct
metallurgical tests, explorations and other
(a) Undertake mining activities only in
activities, provided such activities do not
accordance with a mining plan duly approved
unduly interfere with the operations of the
by the Board;
small-scale miners; and
(b) Abide by the Mines and Geosciences
(c) Royalty equivalent to one and one half
Bureau and the small-scale Mining Safety
percent (1 1/2%) of the gross value of the
Rules and Regulations;
metallic mineral output or one percent (1%)
(c) Comply with his obligations to the holder of the gross value of the nonmetallic mineral
of an existing mining right; output to be paid to the claimowner:
provided, that such rights and privileges shall
(d) Pay all taxes, royalties or government
be available only if he is not delinquent and
production share as are now or may
other performance of his annual work
hereafter be provided by law;
obligations and other requirements for the
(e) Comply with pertinent rules and last two (2) years prior to the effectivity of this
regulations on environmental protection and Act.
conservation, particularly those on tree-
Section 15. Rights of Private
cutting mineral-processing and pollution
Landowners. – The private landowner or
control;
lawful possessor shall be notified of any plan
or petition to declare his land as a people's
MNI NOTES|37

lOMoARcPSD|18318092
small-scale mining area. Said landowner safeguards the environment and protect the
may oppose such plan or petition in an rights of affected communities.
appropriate proceeding and hearing
conducted before the Board. Section 3. Definition of Terms. - As used in
and for purposes of this Act, the following
If a private land is declared as a people's terms, whether in singular or plural, shall
small-scale mining area, the owner and the mean:
small-scale mining contractors are
(ae) "Mining area" means a portion of the
encouraged to enter into a voluntary and
contract area identified by the contractor for
acceptable contractual agreement for the
purposes of development, mining, utilization,
small-scale utilization of the mineral values
and sites for support facilities or in the
from the private land: provided, that the
immediate vicinity of the mining operations.
owner shall in all cases be entitled to the
payment of actual damages which he may (af) "Mining operation" means mining
suffer as a result of such declaration: activities involving exploration, feasibility,
provided, further, that royalties paid to the development, utilization, and processing.
owner shall in no case exceed one percent
(1%) of the gross value of the minerals (aq) "Qualified person" means any citizen
recovered as royalty. of the Philippines with capacity to
contract, or a corporation, partnership,
Section 22. Reversion of People's Small- association, or cooperative organized or
scale Mining Areas. – The Secretary, upon authorized for the purpose of engaging in
recommendation of the director, shall mining, with technical and financial capability
withdraw the status of the people's small- to undertake mineral resources development
scale mining area when it can no longer and duly registered in accordance with law at
feasibly operated on a small-scale mining least sixty per centum (60%) of the capital of
basis or when the safety, health and which is owned by citizens of the Philippines:
environmental conditions warrant that the Provided, That a legally organized foreign-
same shall revert to the State for proper owned corporation shall be deemed a
disposition. qualified person for purposes of granting an
exploration permit, financial or technical
assistance agreement or mineral processing
RA 7942 - Philippine Mining Act permit
Section 2. Declaration of Policy.

- All mineral resources in public and CHAPTER II GOVERNMENT
private lands within the territory and MANAGEMENT
exclusive economic zone of the Republic Section 4. Ownership of Mineral
of the Philippines are owned by the State. Resources. - Mineral resources are owned
It shall be the responsibility of the State to by the State and the exploration,
promote their rational exploration, development, utilization, and processing
development, utilization and conservation thereof shall be under its full control and
through the combined efforts of government supervision. The State may directly
and the private sector in order to enhance undertake such activities or it may enter into
national growth in a way that effectively mineral agreements with contractors. The
State shall recognize and protect the rights of
MNI NOTES|38

lOMoARcPSD|18318092
the indigenous cultural communities to their lands and mineral resources and shall
ancestral lands as provided for by the undertake geological, mining, metallurgical,
Constitution. chemical, and other researches as well as
geological and mineral exploration surveys.
Section 5. Mineral Reservations.
The Director shall recommend to the
- When the national interest so requires, such Secretary the granting of mineral
as when there is a need to preserve strategic agreements to duly qualified persons and
raw materials for industries critical to national shall monitor the compliance by the
development, or certain minerals for contractor of the terms and conditions of the
scientific, cultural or ecological value, the mineral agreements. The Bureau may
President may establish mineral reservations confiscate surety, performance and guaranty
upon the recommendation of the Director bonds posted through an order to be
through the Secretary. Mining operations in promulgated by the Director. The Director
existing mineral reservations and such other may deputize, when necessary, any member
reservations as may thereafter be or unit of the Philippine National Police,
established, shall be undertaken by the barangay, duly registered nongovernmental
Department or through a contractor: organization (NGO) or any qualified person
Provided, That a small scale-mining to police all mining activities.
cooperative covered by Republic Act No. CHAPTER III SCOPE OF APPLICATION
7076 shall be given preferential right to apply
for a small-scale mining agreement for a Section 18 Areas Open to Mining
maximum aggregate area of twenty-five Operations
percent (25%) of such mineral reservation,
Subject to any existing rights or reservations
subject to valid existing mining/quarrying
and prior agreements of all parties, all
rights as provided under Section 112
mineral resources in public or private lands,
Chapter XX hereof. All submerged lands
within the contiguous zone and in the including timber or forestlands as defined in
existing laws, shall be open to mineral
Section 8. Authority of the Department. agreements or financial or technical
assistance agreement applications. Any
- The Department shall be the primary
conflict that may arise under this provision
agency responsible for the conservation,
shall be heard and resolved by the panel of
management, development, and proper use
arbitrators.
of the State's mineral resources including
those in reservations, watershed areas, and Section 19 Areas Closed to Mining
lands of the public domain. The Secretary Applications
shall have the authority to enter into mineral
Mineral agreement or financial or technical
agreements on behalf of the Government
assistance agreement applications shall
upon the recommendation of the Director,
not be allowed:
promulgate such rules and regulations as
may be necessary to implement the intent a. In military and other government
and provisions of this Act. reservations, except upon prior written
clearance by the government agency
Section 9. Authority of the Bureau.
concerned;
- The Bureau shall have direct charge in the
b. Near or under public or private buildings,
administration and disposition of mineral
cemeteries, archeological and historic sites,
MNI NOTES|39

lOMoARcPSD|18318092
bridges, highways, waterways, railroads, Section 22 Maximum Areas for

reservoirs, dams or other infrastructure Exploration Permit
projects, public or private works including
The maximum area that a qualified person
plantations or valuable crops, except upon
may hold at any one time shall be:
written consent of the government agency or
private entity concerned; a. Onshore, in any one province
c. In areas covered by valid and existing 1. for individuals, twenty (20) blocks: and
mining rights;
2. for partnerships, corporations,
d. In areas expressedly prohibited by law; cooperatives, or associations, two hundred
(200) blocks.
e. In areas covered by small-scale miners as
defined by law unless with prior consent of b. Onshore, in the entire Philippines
the small-scale miners, in which case a
royalty payment upon the utilization of 1. for individuals, forty (40) blocks; and
minerals shall be agreed upon by the parties, 2. for partnerships, corporations,
said royalty forming a trust fund for the cooperatives, or associations, four hundred
socioeconomic development of the (400) blocks.
community concerned; and
c. Offshore, beyond five hundred meters
f. Old growth or virgin forests, proclaimed (500m) from the mean low tide level:
watershed forest reserves, wilderness areas,
mangrove forests, mossy forests, national 1. for individuals, one hundred (100) blocks;
parks provincial/municipal forests, parks, and
greenbelts, game refuge and bird
2. for partnerships, corporations,
sanctuaries as defined by law and in areas
cooperatives, or associations, one thousand
expressly prohibited under the National
(1,000) blocks.
Integrated Protected Areas System (NIPAS)
under Republic Act No. 7586, Department Section 23 Rights and Obligations of the
Administrative Order No. 25, series of 1992 Permittee
and other laws.
An exploration permit shall grant to the
CHAPTER IV EXPLORATION PERMIT permittee, his heirs or successors-in-interest,
the right to enter, occupy and explore the
Section 20 Exploration Permit
area: Provided, That if private or other
An exploration permit grants the right to parties are affected, the permittee shall first
conduct exploration for all minerals in discuss with the said parties the extent,
specified areas. The Bureau shall have the necessity, and manner of his entry,
authority to grant an exploration Permit to a occupation and exploration and in case of
qualified person. disagreement, a panel of arbitrators shall
resolve the conflict or disagreement.
Section 21 Terms and Conditions of the
Exploration Permit The permittee shall undertake an exploration
work on the area as specified by its permit
An exploration permit shall be for a period based on an approved work program.
of two (2) years, subject to annual review
and relinquishment or renewal upon the Any expenditure in excess of the yearly
recommendation of the Director. budget of the approved work program may
MNI NOTES|40

lOMoARcPSD|18318092
be carried forward and credited to the CHAPTER V MINERAL AGREEMENTS

succeeding years covering the duration of
Section 26 Modes of Mineral Agreement
the permit. The Secretary, through the
Director, shall promulgate rules and For purposes of mining operations, a
regulations governing the terms and mineral agreement may take the following
conditions of the permit. forms as herein defined:
The permittee may apply for a mineral a. Mineral production sharing agreement
production sharing agreement, joint venture is an agreement where the Government
agreement, co-production agreement or grants to the contractor the exclusive right to
financial or technical assistance agreement conduct mining operations within a contract
over the permit area, which application shall area and shares in the gross output. The
be granted if the permittee meets the contractor shall provide the financing,
necessary qualifications and the terms and technology, management and personnel
conditions of any such agreement: Provided, necessary for the implementation of this
That the exploration period covered by the agreement.
exploration permit shall be included as part
of the exploration period of the mineral b. Co-production agreement is an
agreement or financial or technical agreement between the Government and the
assistance agreement. contractor wherein the Government shall
provide inputs to the mining operations other
Section 24 Declaration of Mining Project than the mineral resource.
Feasibility
c. Joint venture agreement is an
A holder of an exploration permit who agreement where a joint-venture company is
determines the commercial viability of a organized by the Government and the
project covering a mining area may, within contractor with both parties having equity
the term of the permit, file with the Bureau a shares. Aside from earnings in equity, the
declaration of mining project feasibility Government shall be entitled to a share in the
accompanied by a work program for gross output.
development. The approval of the mining
project feasibility and compliance with other A mineral agreement shall grant to the
requirements provided in this Act shall entitle contractor the exclusive right to conduct
the holder to an exclusive right to a mineral mining operations and to extract all
production sharing agreement or other mineral resources found in the contract
mineral agreements or financial or technical area. In addition, the contractor may be
assistance agreement. allowed to convert his agreement into any of
the modes of mineral agreements or financial
Section 25 Transfer or Assignment or technical assistance agreement covering
the remaining period of the original
An exploration permit may be transferred
agreement subject to the approval of the
or assigned to a qualified person subject
Secretary.
to the approval of the Secretary upon the
recommendation of the Director. Section 30. Assignment/Transfer.
- Any assignment or transfer of rights and
obligations under any mineral agreement
except a financial or technical assistance
MNI NOTES|41

lOMoARcPSD|18318092
agreement shall be subject to the prior Section 70. Environmental Impact

approval of the Secretary. Such Assessment (EIA).
assignment or transfer shall be deemed
- Except during the exploration period of a
automatically approved if not acted upon by
mineral agreement or financial or technical
the Secretary within thirty (30) working days
assistance agreement or an exploration
from official receipt thereof, unless patently
permit, and environmental clearance
unconstitutional or illegal.
certificate shall be required based on an
Section 32. Terms. environmental impact assessment and
procedures under the Philippine
- Mineral agreements shall have a term not
Environmental Impact Assessment
exceeding twenty-five (25) years to start
System including Sections 26 and 27 of
from the date of execution thereof, and
the Local Government Code of 1991 which
renewable for another term not exceeding
require national agencies to maintain
twenty-five (25) years under the same terms
ecological balance, and prior consultation
and conditions thereof, without prejudice to
with the local government units,
changes mutually agreed upon by the
nongovernmental and people's organizations
parties. After the renewal period, the
and other concerned sectors of the
operation of the mine may be undertaken by
community: Provided, That a completed
the Government or through a contractor. The
ecological profile of the proposed mining
contract for the operation of a mine shall be
area shall also constitute part of the
awarded to the highest bidder in a public
environmental impact assessment. People's
bidding after due publication of the notice
organizations and nongovernmental
thereof: Provided, That the contractor shall
organizations shall be allowed and
have the right to equal the highest bid upon
encouraged to participate in ensuring that
reimbursement of all reasonable expenses of
contractors/permittees shall observe all the
the highest bidder.
requirements of environmental protection.
Section 69. Environmental Protection.
CHAPTER XII AUXILIARY MINING
- Every contractor shall undertake an RIGHTS
environmental protection and Section 72. Timber Rights.
enhancement program covering the period
of the mineral agreement or permit. Such - Any provision of law to the contrary
environmental program shall be incorporated notwithstanding, a contractor may be
in the work program which the contractor or granted a right to cut trees or timber within
permittee shall submit as an accompanying his mining area as may be necessary for his
document to the application for a mineral mining operations subject to forestry laws,
agreement or permit. The work program shall rules and regulations: Provided, That if the
include not only plans relative to mining land covered by the mining area is already
operations but also to rehabilitation, covered by existing timber concessions, the
regeneration, revegetation and volume of timber needed and the manner of
reforestation of mineralized areas, slope cutting and removal thereof shall be
stabilization of mined-out and tailings determined by the mines regional director,
covered areas, aquaculture, watershed upon consultation with the contractor, the
development and water conservation; and timber concessionaire/permittee and the
socioeconomic development. Forest Management Bureau of the
MNI NOTES|42

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Department: Provided, further, That in case occupied or leased by other persons, such
of disagreement between the contractor and infrastructure as roads, railroads, mills,
the timber concessionaire, the matter shall waste dump sites, tailings ponds,
be submitted to the Secretary whose warehouses, staging or storage areas and
decision shall be final. The contractor shall port facilities, tramways, runways, airports,
perform reforestation work within his mining electric transmission, telephone or telegraph
area in accordance with forestry laws, rules lines, dams and their normal flood and
and regulations. catchment areas, sites for water wells,
ditches, canals, new river beds, pipelines,
Section 73. Water Rights.
flumes, cuts, shafts, tunnels, or mills, the
- A contractor shall have water rights for contractor, upon payment of just
mining operations upon approval of compensation shall be entitled to enter and
application with the appropriate government occupy said mining areas or lands.
agency in accordance with existing water
Section 76. Entry into Private Lands and
laws, rules and regulations promulgated
Concession Areas. –
thereunder: Provided, That water rights
already granted or vested through long use, Subject to prior notification, holders of mining
recognized and acknowledged by local rights shall not be prevented from entry into
customs, laws, and decisions of courts shall private lands and concession areas by
not thereby be impaired: Provided, further, surface owners, occupants, or
That the Government reserves the right to concessionaires when conducting mining
regulate water rights and the reasonable and operations therein: Provided, That any
equitable distribution of water supply so as to damage done to the property of the surface
prevent the monopoly of the use thereof. owner, occupant, or concessionaire as a
consequence of such operations shall be
Section 74. Right to Possess Explosives.
properly compensated as may be provided
–
for in the implementing rules and regulations:
A contractor/exploration permittee have the Provided, further, That to guarantee such
right to possess and use explosives within compensation, the person authorized to
his contract/permit area as may be conduct mining operations shall, prior
necessary for his mining operations upon thereto, post a bond with the regional director
approval of an application with the based on the type of properties, the
appropriate government agency in prevailing prices in and around the area
accordance with existing laws, rules and where the mining operations are to be
regulations promulgated thereunder: conducted, with surety or sureties
Provided, That the Government reserves the satisfactory to the regional director
right to regulate and control the explosive
Section 103. Theft of Minerals. –
accessories to ensure safe mining
operations. Any person extracting minerals and
disposing the same without a mining
Section 75. Easement Right.
agreement, lease, permit, license, or steals
- When mining areas are so situated that for minerals or ores or the products thereof from
purposes of more convenient mining mines or mills or processing plants shall,
operations it is necessary to build, construct upon conviction, be imprisoned from six (6)
or install on the mining area or lands owned, months to six (6) years or pay a fine from Ten
MNI NOTES|43

lOMoARcPSD|18318092
thousand pesos (P10,000.00) to Twenty oils according to the general terms and
thousand pesos (P20,000.00), or both, at the conditions provided by law, based on
discretion of the appropriate court. In real contributions to the economic growth
addition, he shall be liable to pay damages and general welfare of the country. In
and compensation for the minerals removed, such agreements, the State shall
extracted, and disposed of. In the case of promote the development and use of
associations, partnerships, or corporations, local scientific and technical resources.
the president and each of the directors xxx
thereof shall be responsible for the acts
committed by such association, corporation, Four (4) modes of Exploration,
or partnership. Development and Utilization of Natural
Resources (Shall be under the full control
--------------------------- and supervision of the State)
Constitutional Basis: I. The state may directly undertake

Section 2, Article XII of 1987 Constitution such activities
▪ All lands of the public domain, xxx II.The state may enter into co-
and other natural resources are owned production, joint venture and production
by the State. With the exception of sharing arrangement with
agricultural lands, all other natural a. Filipino citizen
resources shall not be alienated. b. Corporation or association at
least 60% of whose capital is owned
▪ The exploration, development, and by such citizen.
utilization of natural resources shall be It should not exceed 25 years,
under the full control and supervision of renewable for not more than 25
the State. years
▪ The State may directly undertake III.Congress may, by law, authorize

such activities, or it may enter into co- small-scale utilization of natural
production, joint venture, or resources by Filipino citizen; (Congress
productionsharing agreements with may also authorize cooperative fish
Filipino citizens, or corporations or farming, with priority to subsistence
associations at least sixty per centum of fishermen and fishworkers in rivers,
whose capital is owned by such citizens. lakes, bays,
Such agreements may be for a period and lagoons.)
not exceeding twenty-five years,
renewable for not more than twenty-five IV. The President may enter into
years, and under such terms and agreements with foreign owned
conditions as may be provided by law. corporations involving either technical or
xxx financial assistance for large-scale EDU
of minerals, petroleum, and other
▪ The President may enter into mineral oils
agreements with foreignowned ▪ It should be based on real
corporations involving either technical or contributions to the economic
financial assistance for large-scale growth and general welfare of the
exploration, development, and utilization country
of minerals, petroleum, and other mineral
MNI NOTES|44

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▪ In such agreements, the

State shall promote the ▪ All projects relating to EDUC
development and use of local of natural resources are projects
scientific and technical of the state, thus, the projects
resources. nevertheless remain as state
▪ The President shall notify the projects and can never be purely
Congress of every contract private endeavors.
entered under this provision,
within 30 days from its execution. Section 5: Mineral Reservations. When
▪ Management and service national interest so requires xxx, the
contracts are not allowed under President may establish mineral
this rule reservations upon the recommendation
▪ Large-scale EDU pertains to of the Director
area covered and not the amount through the Secretary. xxx
of investment.
▪ This section empowers the
Section 4: Ownership of Mineral president to enter into mineral
Resources. Mineral resources are owned agreements with contractor if the
by the State, and the exploration, national interest so requires.
development, utilization and processing
thereof shall be under its full control and ▪ Hence, it is beyond the power
supervision. The State may directly of the DENR Secretary to
undertake such activities or it may enter withdraw lands from forest
mineral agreements with contractors. reserves and to declare the same
as an area open for mining
▪ Thus, if a person is the owner operations.
of an agricultural land in which
minerals are discovered, his Classification of minerals
ownership of such land does not No. Group Mineral
give him the right to extract or
1 First Group Metals or metalliferous ores
utilize the said minerals without
the permission from the State, 2 Second Precious stones
because the right to possess or Group
own the surface ground is 3 Third Group Fuels
separate and distinct from the 4 Fourth Saline and mineral waters
mineral land over the same land. Group
Building stone in place, clays,
▪ Even though location of a 5 Fifth Group fertilizers and other non-
mining claim has been perfected, metals
it does not bar the government’s
exercise of its power of eminent Definition of terms:
domain. Exploration – searching or prospecting for
mineral resources by surveys, remote
▪ The right of eminent domain testing, etc. for the purpose of the existence,
covers all forms of private extent, quantity, quality and feasibility of
property, tangible or intangible, mining them for profit.
and includes rights which are
attached to the land.
MNI NOTES|45

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Development – work undertaken to explore Mineral resources are BEYOND the

and prepare on ore body or a mineral deposit commerce of man. Thus, they cannot be
for mining, including the construction of subject of patent.
necessary infrastructure and related
facilities. Section 19: Areas Closed to Mining
Operations.
Utilization – extraction or disposition of 1. In military and other government
minerals reservations
2. Near or under public or private
Foreign owned corporation – Any juridical buildings, cemeteries, archeological
entity with less than and historical sites, etc.
50% Filipino-owned capital 3. In areas covered by valid and
existing mining rights
Qualified Person – any citizen of the 4. In areas prohibited by law
Philippines with capacity to contract, or a 5. In areas covered by small-scale
juridical entity with technical and financial miners
capability to undertake mineral resources 6. Old growth or virgin forests,
development with at least 60% proclaimed watersheds, forest
Filipino ownership reserves, etc. and in areas prohibited
1. Individual under NIPAS
a. Must be a Filipino
Citizen ▪ In general, these areas are closed to
b. Of legal age mining operations except upon prior
c. With capacity to written clearance by government agency
contract having jurisdiction over such reservation.
2. Juridical entity (corporation,
partnership, cooperation or ▪ A mining license is a mere privilege
cooperative) and does not vest absolute rights in the
a. Must be organized or holder. Thus, it may be revoked by the
authorized for the purpose of state if public interest so requires.
engaging in mining
b. Duly registered in ▪ Although BMG is vested with quasi-
accordance with law judicial power, it cannot take cognizance
c. 60% Filipino of determining the validity of contract,
ownership since it remains a judicial function and
involves a judicial question.
Abandonment is the actual relinquishment
of right; giving-up absolutely with intent ▪ Findings of fact made by quasi-
never again to resume or claim one’s right or administrative body must be respected
interest. as long as they are supported by
substantial evidence. The administrative
2 elements of abandonment: decision in matters within the exclusive
1. INTENT to abandon a right or claim jurisdiction can only be set aside on proof
2. EXTERNAL ACT by which intention of gross abuse of discretion, fraud or
is expressed and carried out to that error of law.
effect.
MNI NOTES|46

lOMoARcPSD|18318092
Examples of permits issued under Philippine 3. Mineral/Ore Export Permit (MOEP)

Mining Act - permit specifying the origin and quantity
1. Exploration Permit – grants the of non-processed mineral ores from
right to conduct exploration for all warehouse to ship.
minerals in a specified area.
La Bugal B’laan Tribal Association v. Ramos
Initial term of exploration
2 years
permit May a foreign corporation hold exploration permit?
Renewable Permit ▪ Yes. A foreign corporation may hold
Non-metallic 4 years exploration permit. This is NOT
unconstitutional because in fact, there is no
Metallic 6 years express prohibition in the constitution
Extension* Not to exceed prohibiting foreign/local contractors to hold
2years exploration permits.
▪ The right to conduct exploration is not
▪ *In case exploration permit tantamount to an authorization to extract or
expires prior to the approval of the carry off mineral resources that may be
declaration of mining feasibility, the discovered
permit shall be deemed automatically
extended until such time FTAA May the State secure aid of foreign corporation in
application is approved. EDU?
▪ Yes. The State may secure the aid of
▪ Exploration permit may be a foreign company. The spirit of the law
transferred or assigned to a qualified provides that although all minerals are
person subject to prior approval of owned by the State, given the
the Secretary. inadequacy of Filipino capital, it may
secure the help of foreign corporation,
PROVIDED that the State maintain its
▪ Assignment or transfer of
right of FULL CONTROL.
right and obligation of any mineral
agreement except FTAA is deemed
Are the agreements stated in the
automatically approved if not acted
Constitution limited to only MPSA, JVA and
upon by the Secretary within
CPA or FTAA?
30working days from OR date,
▪ Upon close reading of the
unless patently illegal.
Constitution, there is no express
prohibition that restricts other
2. Ore Transport Permit (OTP) –
agreements besides MPSA, JVA and
permit specifying the origin and quantity CPA or FTAA. The phrase “the state
of non-processed mineral ores from mine may directly undertake such activities,
site to warehouse. or it may enter into CPA, JV or MPSA”
▪ The absence of permit shall and “either financial or technical
be considered as prima facie assistance” DOES NOT restrict nor
evidence of illegal mining. intend to exclude other modes of
▪ OTP is not required for ore assistance.
samples not exceeding 2 metric tons ▪ If the intent of the constitution is to
to be used exclusively for assay and confine the agreements, it would have
pilot test restrict it otherwise.
purposes
Discuss degree of control
MNI NOTES|47

lOMoARcPSD|18318092
▪ The Constitution provides that the countenance illegal trespass into private
state must have FULL control and property.
supervision of the agreements, but full
control and ownership does not mean Section 9, Article III of 1987 Constitution:
control and supervision of Private property shall not be taken for public
EVERYTHING. Degree of control must use without just compensation.
only be sufficient to enable the state to
regulate the extractive enterprise.
Issue: WoN taking under power of eminent
domain for mining is for public use.
Quarry Resources Held: Yes. Mining is for public use, since

1. Quarry permit mining is an industry which is for public
2. Sand and gravel permit benefit. Hence, eminent domain may be
3. Gratuitous permit exercised.
4. Guano permit
5. Gemstone gathering permit Types of mining disputes
1. Rights to mining area (any
Section 76: Entry into Private Lands and adverse claim, protest, or opposition
Concession Areas. Subject to prior to an application for a mineral
notification, holders of mining rights shall agreement)
not be prevented from entry into private 2. Mineral agreements, FTAAs
lands and concessions by surface or permit
owners xxx upon payment of just 3. surface owners, occupants
compensation xxx and any damaged and claim holders/ concessionaires;
done shall be properly & justly and
compensated. 4. disputes pending before the
Bureau at the date of effectivity of
▪ Easement of Right of Way – Phil. Mining Act
ownership will not vest to the owner of
the mining area. They merely uses the
area temporarily for the purposes of Appeal
more convenient mining operations, in
exchange of just compensation. Panel Arbitrators
Composed of 3 members: 2 lawyers and
▪ Holders of mining right may invoke 1 licensed mining engineer in regional office
power of eminent domain.
Mines Adjudication Board (MAB)
▪ Under Regalia Doctrine, minerals Composed of 3 members: DENR Secretary,
found in one’s land belong to the State Director of MGB and USec for Operations
and not to a private landowner.
Nonetheless, a condition sine qua non is
that prospecting, exploration, discovery
Court of Appeals
and location must be done in
accordance with the law. Omission or
failure to comply with the condition
precedent means that its claim for ▪ Jurisdiction is limited to purely
surface rights and right of way will not administrative matter, questions of fact
mature, hence, it would be to
MNI NOTES|48

lOMoARcPSD|18318092
or matters requiring the application of permit pertains to exploration permit,

technical knowledge and experience. quarry permit and other mining permit.
▪ Since MAB is a quasi-judicial body, Hence, being not a “mineral agreement”

rules of evidence prevailing in the court nor a “permit”, it is not within the jurisdiction
shall not be controlling. The board shall of panel arbitrators. It is a purely civil
use all reasonable means to ascertain contract between two private parties and
the facts in each case speedily and under the jurisdiction of regular courts.
objectively without regard to
technicalities of law or procedure, all in Grounds for Cancellation, Revocation and
the interest of due process. Termination
1. Late or non-filing of
▪ Validity of mining contract is a requirements
question of law; it involves exercise of 2. Violation of terms and
judicial function; it requires determination conditions
of what the law is and the rights of the 3. Non-payment of taxes and
parties. fees
4. Expiration of permits
▪ If ground for the annulment of a 5. Falsehood/omission of facts
mining contract is due to non-conformity 6. Withdrawal from mineral
with the terms and condition of the agreement or FTAA
agreement, it is purely civil in nature,
hence, it is within the jurisdiction of Penal Provisions
regular courts. 1. False statement
2. Illegal exploration
ABC filed to Panel Arbitrators for an alleged 3. Theft of minerals
dispute regarding operating agreement Elements of theft of minerals
against XYZ. Will the action prosper? i. The accused extracted,
removed and/or disposed the
Held: minerals ii. These minerals
belong to the government or to
No. The action will not prosper. Panel other person
arbitrators has exclusive and original iii. The accused did not possess
jurisdiction over the following disputes: (1) the required permits or
Those involving rights to mining area; (2) documents from DENR
those involving mineral agreements or In crimes punished by special
permit (3) those involving surface owners, laws, the act alone,
occupants and claim holders/ irrespective of the
concessionaires; and (4) those pending motive,
before the Bureau at the date of effectivity constitutes the offense
of Phil. 4. Destruction of mining
Mining Act. structure
5. Mines arson
Upon its nature, an operating agreement is 6. Willful damage to a mine
not a “mineral agreement,” because a 7. Illegal obstruction to
mineral agreement requires that it be a
permittes or contractors
contract between the government and a
contractor; nor it is a “permit,” because 8. Violations of the terms of
ECC
MNI NOTES|49

lOMoARcPSD|18318092
9. Obstruction of government the DENR Secretary issued on June 23,

officials 1989 DENR Administrative Order No. 57,
10. Other violations series of 1989, captioned "Guidelines of
Mineral Production Sharing Agreement
under Executive Order No. 279." all existing
- - --- -- - - -- - - -- -- mining leases or agreements which were
granted after the effectivity of the 1987
Miners Association of the Constitution pursuant to Executive Order No.
Philippines v. Factoran 211, except small scale mining leases and
those pertaining to sand and gravel and
FACTS:
quarry resources covering an area of twenty
On July 10, 1987, President Corazon C. (20) hectares or less, shall be converted into
Aquino, in the exercise of her then production-sharing agreements within one
legislative powers under Article II, Section 1 (1) year from the effectivity of these
of the Provisional Constitution and Article guidelines.
XIII, Section 6 of the 1987 Constitution,
DENR Administrative Order No. 82, series
promulgated Executive Order No. 211
of 1990, laying down the "Procedural
prescribing the interim procedures in the
Guidelines on the Award of Mineral
processing and approval of applications
Production Sharing Agreement (MPSA)
for the exploration, development and
through Negotiation."
utilization of minerals pursuant to the 1987
Constitution in order to ensure the enumerates the persons or entities required
continuity of mining operations and to submit Letter of Intent (LOIs) and Mineral
activities and to hasten the development Production Sharing Agreement (MPSAs)
of mineral resources. within two (2) years from the effectivity of
DENR Administrative Order No. 57 or until
To implement said legislative acts, the
July 17, 1991. Failure to do so within the
Secretary of the Department of
prescribed period shall cause the
Environment and Natural Resources
abandonment of mining, quarry and sand
(DENR) in turn promulgated Administrative
and gravel claims.
Order Nos. 57 and 82, the validity and
constitutionality of which are being ISSUE:
challenged in this petition
Validity of AO 57 and 82
President Aquino likewise promulgated
Executive Order No. 279 authorizing the RULING:
DENR Secretary to negotiate and conclude We reiterate the principle that the power of
joint venture, co-production, or production- administrative officials to promulgate
sharing agreements for the exploration, rules and regulations in the
development and utilization of mineral implementation of a statute is necessarily
resources, and prescribing the guidelines for limited only to carrying into effect what is
such agreements and those agreements provided in the legislative enactment.
involving technical or financial assistance by
foreign-owned corporations for large-scale there is no clear showing that respondent
exploration, development, and utilization of DENR Secretary has transcended the
minerals. bounds demarcated by Executive Order No.
MNI NOTES|50

lOMoARcPSD|18318092
279 for the exercise of his rule-making power Nos. 57 and 82 must be sustained, and
tantamount to a grave abuse of discretion. their force and effect upheld.
It is clear from the aforestated provision that
Administrative Order No. 57 applies only
to all existing mining leases or PICOP vs Base metals dec 6,
agreements which were granted after the 2006
effectivity of the 1987 Constitution
pursuant to Executive Order No. 211. DOCTRINE
It bears mention that under the text of The Presidential Warranty cannot, in any
Executive Order No. 211, there is a manner, be construed as a contractual
reservation clause which provides that the undertaking assuring PICOP of exclusive
privileges as well as the terms and conditions possession and enjoyment of its
of all existing mining leases or agreements concession areas. Such an interpretation
granted after the effectivity of the 1987 would result in the complete abdication by
Constitution pursuant to Executive Order No. the State in favor of PICOP of the sovereign
211, shall be subject to any and all power to control and supervise the
modifications or alterations which Congress exploration, development and utilization of
may adopt pursuant to Article XII, Section 2 the natural resources in the area.
of the 1987 Constitution. FACTS
Well -settled is the rule, however, that Central Mindanao Mining and
regardless of the reservation clause, mining Development Corporation entered into a
leases or agreements granted by the State, Mines Operating Agreement with
such as those granted pursuant to Executive Banahaw Mining and Development
Order No. 211 referred to this petition, are Corporation Pursuant to the terms of the
subject to alterations through a reasonable Agreement, Banahaw Mining filed
exercise of the police power of the State. applications for Mining Lease Contracts over
The exploration, development and utilization the mining claims with the Bureau of Mines.
of the country's natural resources are On April 29, 1988, Banahaw Mining was
matters vital to the public interest and the issued a Mines Temporary Permit
general welfare of the people. authorizing it to extract and dispose of
Police Power, being co-extensive with the precious minerals found within its mining
necessities of the case and the demands of claims
public interest; extends to all the vital public Since a portion of Banahaw Mining's mining
needs. claims was located in petitioner PICOP's
the questioned administrative orders are logging concession in Agusan del Sur,
reasonably directed to the accomplishment Banahaw Mining and petitioner PICOP
of the purposes of the law under which they entered into a Memorandum of
were issued and were intended to secure the Agreement, whereby, in mutual recognition
paramount interest of the public, their of each other's right to the area concerned,
economic growth and welfare. The validity petitioner PICOP allowed Banahaw Mining
and constitutionality of Administrative Order an access/right of way to its mining claims
MNI NOTES|51

lOMoARcPSD|18318092
Banahaw Mining thereafter converted its It was only given upon the request of the
mining claims to applications for Mineral Board of Investments to establish the
Production Sharing Agreements. boundaries of PICOP's timber license
agreement.
While the MPSA were pending,
The Presidential Warranty did not convert
Banahaw Mining, on December 18, 1996,
PICOP's timber license into a contract
decided to sell/assign its rights and interests
because it did not create any obligation on
over thirty-seven mining claims in favor of
the part of the government in favor of
private respondent Base Metals Mineral PICOP.
Resources Corporation (Base Metals for
brevity). Thus, the non-impairment clause finds no
application.
The transfer included mining claims held by
Banahaw Mining in its own right as claim Neither did the Presidential Warranty
owner, as well as those covered by its mining grant PICOP the exclusive possession,
operating agreement with CMMCI. occupation and exploration of the
concession areas covered. If that were so,
Upon being informed of the development,
the government would have effectively
CMMCI, as claim owner, immediately
surrendered its police power to control and
approved the assignment made by Banahaw
supervise the exploration, development and
Mining in favor of private respondent Base
utilization of the country's natural resources.
Metals, thereby recognizing private
respondent Base Metals as the new ISSUE:
operator of its claims
w/n the impairment of contracts apply?
On November 18, 1997, petitioner PICOP
HELD
filed with the Mines Geo-Sciences Bureau
(MGB), Caraga Regional Office No. XIII an No.
Adverse Claim and/or Opposition to
private respondent Base Metals' The guaranty is merely a collateral
application on the following grounds: inducement
I. THE APPROVAL OF THE APPLICATION An examination of the Presidential Warranty

AND ISSUANCE OF THE MPSA OF BASE at once reveals that it simply reassures
METALS WILL VIOLATE THE PICOP of the government's commitment
CONSTITUTIONAL MANDATE AGAINST to uphold the terms and conditions of its
IMPAIRMENT OF OBLIGATION IN A timber license and guarantees PICOP's
CONTRACT peaceful and adequate possession and
enjoyment of the areas which are the basic
The Court of Appeals upheld the decision of sources of raw materials for its wood
the MAB, ruling that the Presidential processing complex.
Warranty of September 25, 1968 issued by
then President Ferdinand E. Marcos merely The warranty covers only the right to cut,
confirmed the timber license granted to collect, and remove timber in its
PICOP and warranted the latter's peaceful concession area, and does not extend to
and adequate possession and enjoyment the utilization of other resources, such as
of its concession areas. mineral resources, occurring within the
concession.
MNI NOTES|52

lOMoARcPSD|18318092
The Presidential Warranty cannot, in any authorizing the DENR Secretary to accept,
manner, be construed as a contractual consider and evaluate proposals from
undertaking assuring PICOP of exclusive foreign-owned corporations or foreign
possession and enjoyment of its investors for contracts or agreements
concession areas. Such an interpretation involving either technical or financial
would result in the complete abdication by assistance for large-scale exploration,
the State in favor of PICOP of the sovereign development, and utilization of minerals,
power to control and supervise the which, upon appropriate recommendation of
exploration, development and utilization of the Secretary, the President may execute
the natural resources in the area. with the foreign proponent.
In entering into such proposals, the
President shall consider the real
La Bugal -B’laan Tribal contributions to the economic growth and
Association, Inc. v. Ramos, et al. general welfare of the country that will be
(December 1, 2004) realized, as well as the development and use
of local scientific and technical resources that
La Bugal B'laan Tribal Association, Inc., a will be promoted by the proposed contract or
farmers and indigenous people's cooperative agreement.
organized under Philippine laws
representing a community actually affected President Fidel V. Ramos approved R.A.
by the mining activities of WMCP, members No. 7942 to "govern the exploration,
of said cooperative,68 as well as other development, utilization and processing of all
mineral resources."
residents of areas also affected by the mining
activities of WMCP. They claim that they R.A. No. 7942 defines the modes of mineral
would suffer "irremediable agreements for mining operations, outlines
displacement, as a result of the the procedure for their filing and
implementation of the FTAA allowing WMCP approval, assignment/transfer and
to conduct mining activities in their area of withdrawal, and fixes their terms. Similar
residence. provisions govern financial or technical
assistance agreements
FACTS:
assails the constitutionality of Republic prescribes the qualifications of
contractors and grants them certain
15
Act No. 7942, along with the Implementing
rights, including timber,16 water17 and
Rules and Regulations issued pursuant 18
easement rights, and the right to possess
thereto, Department of Environment and
explosives.
Natural Resources (DENR) Administrative
Order 96-40, and of the Financial and The government's share in the
Technical Assistance Agreement (FTAA) agreements is spelled out and
entered into on March 30, 1995 by the allocated, taxes and fees are
Republic of the Philippines and WMC imposed, incentives granted.30 Aside from
(Philippines), Inc. (WMCP), a corporation penalizing certain acts, the law likewise
organized under Philippine laws. specifies grounds for the cancellation,
revocation and termination of agreements
On July 25, 1987, then President Corazon
and permits.
issued Executive Order (E.O.) No. 279
MNI NOTES|53

lOMoARcPSD|18318092
Shortly before the effectivity of R.A. No. Prohibition is a preventive remedy. It

7942, however, or on March 30, 1995, the seeks a judgment ordering the defendant to
President entered into an FTAA with desist from continuing with the commission
WMCP covering 99,387 hectares of land in of an act perceived to be illegal.
South Cotabato, Sultan Kudarat, Davao del
-----------------------------
Sur and North Cotabato.
Petitioners contend that E.O. No. 279 did
then DENR Secretary Victor O. Ramos
not take effect because its supposed date of
issued DENR Administrative Order (DAO)
effectivity came after President Aquino had
No. 95-23, s. 1995, otherwise known as the
already lost her legislative powers under the
Implementing Rules and Regulations of
Provisional Constitution.
R.A. No. 7942. This was later repealed by
DAO No. 96-40, s. 1996 And they likewise claim that the WMC
FTAA, which was entered into pursuant to
-----------------------
E.O. No. 279, violates Section 2, Article XII
WMCP subsequently filed a Manifestation of the Constitution because, among other
dated September 25, 2002 alleging that on reasons:
January 23, 2001, WMC sold all its shares
(1) It allows foreign-owned companies to
in WMCP to Sagittarius Mines, Inc.
extend more than mere financial or technical
(Sagittarius), a corporation organized under
assistance to the State in the exploitation,
Philippine laws. at least 60% of the equity of
development, and utilization of minerals,
Sagittarius is owned by Filipinos and/or
petroleum, and other mineral oils, and even
Filipino-owned corporations while about 40%
permits foreign owned companies to
is owned by Indophil Resources NL, an
"operate and manage mining activities."
Australian company.
(2) It allows foreign-owned companies to
By virtue of such sale and transfer, the
extend both technical and financial
DENR Secretary approved the transfer
assistance, instead of "either technical or
and registration of the subject FTAA from
financial assistance."
WMCP to Sagittarius.
Section 2, Article XII reads in full:
-------------------------
ISSUE: Sec. 2. All lands of the public domain,
waters, minerals, coal, petroleum, and other
Constitutionality of RA 7942 + validity of AO mineral oils, all forces of potential energy,
96-40 fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are
RULING:
owned by the State. With the exception of
It is undisputed that R.A. No. 7942 and agricultural lands, all other natural resources
DAO No. 96-40 contain provisions that are shall not be alienated. The exploration,
more favorable to WMCP, hence, these development, and utilization of natural
laws, to the extent that they are favorable to resources shall be under the full control
WMCP, govern the FTAA. and supervision of the State. The State
may directly undertake such activities or
In addition, R.A. No. 7942 explicitly makes it may enter into co-production, joint
certain provisions apply to pre-existing venture, or production-sharing
agreements. agreements with Filipino citizens, or
MNI NOTES|54

lOMoARcPSD|18318092
corporations or associations at least sixty per one of the fixed and dominating
centum of whose capital is owned by such objectives of the 1935 Constitutional
citizens. Such agreements may be for a Convention.
period not exceeding twenty-five years,
State ownership of natural resources was
renewable for not more than twenty-five
seen as a necessary starting point to secure
years, and under such terms and conditions
recognition of the state's power to control
as may be provided by law. In cases of water
their disposition, exploitation, development,
rights for irrigation, water supply, fisheries, or
or utilization.
industrial uses other than the development of
water power, beneficial use may be the The adoption of the principle of state
measure and limit of the grant. ownership of the natural resources and of
the Regalian doctrine was considered to be
The State shall protect the nation's marine
a necessary starting point for the plan of
wealth in its archipelagic waters, territorial
nationalizing and conserving the natural
sea, and exclusive economic zone, and
resources of the country. For with the
reserve its use and enjoyment exclusively to
establishment of the principle of state
Filipino citizens.
ownership of the natural resources, it would
The Congress may, by law, allow small-scale not be hard to secure the recognition of the
utilization of natural resources by Filipino power of the State to control their disposition,
citizens, as well as cooperative fish farming, exploitation, development or utilization.
with priority to subsistence fishermen and
The same Section 1, Article XIII also
fish-workers in rivers, lakes, bays, and
adopted the concession system, expressly
lagoons.
permitting the State to grant licenses,
The President may enter into agreements concessions, or leases for the exploitation,
with foreign-owned corporations involving development, or utilization of any of the
either technical or financial assistance for natural resources. Grants, however, were
large-scale exploration, development, and limited to Filipinos or entities at least 60%
utilization of minerals, petroleum, and other of the capital of which is owned by Filipinos
mineral oils according to the general terms
Advantages of Concession.
and conditions provided by law, based on
real contributions to the economic growth Whether it emphasizes income tax or royalty,
and general welfare of the country. In such the most positive aspect of the concession
agreements, the State shall promote the system is that the State's financial
development and use of local scientific involvement is virtually risk free and
and technical resources. administration is simple and
comparatively low in cost. Furthermore, if
The President shall notify the Congress of
there is a competitive allocation of the
every contract entered into in accordance
resource leading to substantial bonuses
with this provision, within thirty days from its
and/or greater royalty coupled with a
execution.
relatively high level of taxation, revenue
- - - - - - - - - -- - - - - - - - - - - - - - - accruing to the State under the concession
system may compare favorably with other
1935 Constitution
financial arrangements.
The nationalization and conservation of Disadvantages of Concession.
the natural resources of the country was
MNI NOTES|55

lOMoARcPSD|18318092
There are, however, major negative aspects authorizes the other party (service
to this system. Because the Government's contractor) to engage or participate in the
role in the traditional concession is exercise of such right or the enjoyment of the
passive, it is at a distinct disadvantage in privilege, in that the latter provides financial
managing and developing policy for the or technical resources, undertakes the
nation's petroleum resource. This is true for exploitation or production of a given
several reasons. First, even though most resource, or directly manages the
concession agreements contain covenants productive enterprise, operations of the
requiring diligence in operations and exploration and exploitation of the resources
production, this establishes only an or the disposition of marketing or resources.
indirect and passive control of the host
The contractor shall undertake, manage
country in resource development.
and execute petroleum operations,
Second, and more importantly, the fact that
subject to the government overseeing the
the host country does not directly participate
management of the operations.
in resource management decisions inhibits
its ability to train and employ its nationals in - - - - - - - - - - -- -- - - - - - - - - - - -
petroleum development. This factor could
delay or prevent the country from effectively
engaging in the development of its 1987 Constitution and FTAA
resources. Lastly, a direct role in
management is usually necessary in order to Although Section 2 sanctions the
obtain a knowledge of the international participation of foreign-owned
petroleum industry which is important to an corporations in the exploration,
appreciation of the host country's resources development, and utilization of natural
in relation to those of other countries. resources, it imposes certain limitations
or conditions to agreements with such
Eventually, the concession system failed, corporations.
the concession system could not have
properly spurred sustained oil exploration First, the parties to FTAAs. Only the
activities in the country, since it assumed that President, in behalf of the State, may enter
such a capital-intensive, high risk venture into these agreements, and only with
could be successfully undertaken by a single corporations. By contrast, under the 1973
individual or a small company. In effect, Constitution, a Filipino citizen, corporation or
concessionaires' funds were easily association may enter into a service contract
exhausted. with a "foreign person or entity."
---------------- -- Second, the size of the activities: only large-

scale exploration, development, and
1973 Constitution utilization is allowed. The term "large-scale
"Service contracts", a contractual usually refers to very capital-intensive
arrangement for engaging in the activities."
exploitation and development of Third, the natural resources subject of the
petroleum, mineral, energy, land and other activities is restricted to minerals,
natural resources by which a government petroleum and other mineral oils, the
or its agency, or a private person granted intent being to limit service contracts to those
a right or privilege by the government
MNI NOTES|56

lOMoARcPSD|18318092
areas where Filipino capital may not be The State may directly undertake such
sufficient. activities.
Fourth, consistency with the provisions of (2) The State may enter into co-
statute. The agreements must be in production, joint venture or production-
accordance with the terms and conditions sharing agreements with Filipino citizens or
provided by law. qualified corporations.
Fifth, Section 2 prescribes certain (3) Congress may, by law, allow small-scale
standards for entering into such utilization of natural resources by Filipino
agreements. The agreements must be citizens.
based on real contributions to economic
(4) For the large-scale exploration,
growth and general welfare of the
country. development and utilization of minerals,
petroleum and other mineral oils, the
Sixth, the agreements must contain President may enter into agreements with
rudimentary stipulations for the promotion foreign-owned corporations involving
of the development and use of local scientific technical or financial assistance.
and technical resources.
All mineral agreements grant the respective
Seventh, the notification requirement. The contractors the exclusive right to conduct
President shall notify Congress of every mining operations and to extract all mineral
financial or technical assistance agreement resources found in the contract area.
entered into within thirty days from its
execution. A "qualified person" may enter into any of
the mineral agreements with the
Finally, the scope of the agreements. Government. A "qualified person" is any
While the 1973 Constitution referred to citizen of the Philippines with capacity to
"service contracts for financial, technical, contract, or a corporation, partnership,
management, or other forms of assistance" association, or cooperative organized or
the 1987 Constitution provides for authorized for the purpose of engaging in
"agreements. . . involving either financial mining, with technical and financial capability
or technical assistance." It bears noting to undertake mineral resources development
that the phrases "service contracts" and and duly registered in accordance with law at
"management or other forms of assistance" least sixty per centum (60%) of the capital of
in the earlier constitution have been omitted. which is owned by citizens of the Philippines
R.A. No. 7942 does not actually cover all An FTAA is defined as "a contract
the modes through which the State may involving financial or technical
undertake the exploration, development, assistance for large-scale exploration,
and utilization of natural resources. development, and utilization of natural
resources."
The State, being the owner of the natural
resources, is accorded the primary power Any qualified person with technical and
and responsibility in the exploration, financial capability to undertake large-scale
development and utilization thereof. As such, exploration, development, and utilization of
it may undertake these activities through natural resources in the Philippines may
four modes: enter into such agreement directly with the
Government through the DENR.
MNI NOTES|57

lOMoARcPSD|18318092
------------ ---------- participate in Filipino enterprises except to

provide:
The Constitutionality of the WMCP FTAA
(1) Technical Assistance for highly technical
It is a cardinal rule in the interpretation of
enterprises; and
constitutions that the instrument must be
so construed as to give effect to the (2) Financial Assistance for large-scale
intention of the people who adopted it. enterprises.
As priorly pointed out, the phrase Under the proposed provision, only
"management or other forms of assistance" technical assistance or financial
in the 1973 Constitution was deleted in the assistance agreements may be entered
1987 Constitution, which allows only into, and only for large-scale activities.
"technical or financial assistance." Casus These are contract forms which recognize
omisus pro omisso habendus est. A and assert our sovereignty and ownership
person, object or thing omitted from an over natural resources since the foreign
enumeration must be held to have been entity is just a pure contractor and not a
omitted intentionally. beneficial owner of our economic
resources.
the management or operation of mining
activities by foreign contractors, which is The proposal recognizes the need for
the primary feature of service contracts, was capital and technology to develop our
precisely the evil that the drafters of the natural resources without sacrificing our
1987 Constitution sought to eradicate. sovereignty and control over such
resources by the safeguard of a special law
If the CONCOM intended to retain the
which requires two-thirds vote of all the
concept of service contracts under the 1973
members of the Legislature. This will ensure
Constitution, it could have simply adopted
that such agreements will be debated upon
the old terminology ("service contracts")
exhaustively and thoroughly in the National
instead of employing new and unfamiliar Assembly to avert prejudice to the nation.
terms ("agreements . . . involving either
technical or financial assistance"). There are three major schemes by which
the State could undertake these activities:
Such a difference between the language of a
provision in a revised constitution and that of first, directly by itself;
a similar provision in the preceding
second, by virtue of co-production, joint
constitution is viewed as indicative of a
venture, production sharing agreements
difference in purpose.
with Filipino citizens or corporations or
An examination of the reason behind the associations sixty per cent (60%) of the
change confirms that technical or financial voting stock or controlling interests of which
assistance agreements are not are owned by such citizens; or
synonymous to service contracts.
third, with a foreign-owned corporation, in
Are service contracts allowed under the cases of large-scale exploration,
new Constitution? development, or utilization of natural
resources through agreements involving
No. Under the new Constitution, foreign
either technical or financial assistance only.
investors (fully alien-owned) can NOT
----------
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WMCP cites Opinion No. 75, s. 1987, and Philippines may enter into a financial
Opinion No. 175, s. 1990 of the Secretary of or technical assistance agreement
Justice, expressing the view that a financial directly with the Government through
or technical assistance agreement "is no the Department. [Emphasis
different in concept" from the service contract supplied.]
allowed under the 1973 Constitution. This • "Exploration," as defined by R.A.
Court is not, however, bound by this No. 7942, means the searching or
interpretation. When an administrative or prospecting for mineral resources
executive agency renders an opinion or by geological, geochemical or
issues a statement of policy, it merely geophysical surveys, remote
interprets a pre-existing law; and the sensing, test pitting, trending, drilling,
administrative interpretation of the law is at shaft sinking, tunneling or any other
best advisory, for it is the courts that finally means for the purpose of determining
determine what the law means. the existence, extent, quantity and
quality thereof and the feasibility of
- - - - - - - - - - ---- - - - - - - - --
mining them for profit.262
the constitutional provision allowing the • A legally organized foreign-owned
President to enter into FTAAs with corporation may be granted an
foreign-owned corporations is an exploration permit, which vests it with
exception to the rule that participation in the the right to conduct exploration for all
nation's natural resources is reserved minerals in specified areas, i.e., to
exclusively to Filipinos. Accordingly, such enter, occupy and explore the same.
provision must be construed strictly against Eventually, the foreign-owned
their enjoyment by non-Filipinos. As corporation, as such permittee, may
Commissioner Villegas emphasized, the apply for a financial and technical
provision is "very restrictive." assistance agreement.
• "Development" is the work
this Court finds that R.A. No. 7942 is
undertaken to explore and prepare an
invalid insofar as said Act authorizes ore body or a mineral deposit for
service contracts. Although the statute mining, including the construction of
employs the phrase "financial and technical necessary infrastructure and related
agreements" in accordance with the 1987 facilities.
Constitution, it actually treats these
• "Utilization" "means the extraction
agreements as service contracts that grant
or disposition of minerals." A
beneficial ownership to foreign contractors
stipulation that the proponent shall
contrary to the fundamental law.
dispose of the minerals and
• Section 33, which is found under byproducts produced at the highest
Chapter VI (Financial or Technical price and more advantageous terms
Assistance Agreement) of R.A. No. and conditions as provided for under
7942 states: the implementing rules and
• SEC. 33. Eligibility.—Any qualified regulations is required to be
person with technical and financial incorporated in every FTAA.
capability to undertake large-scale • A foreign-owned/-controlled
exploration, development, and corporation may likewise be granted
utilization of mineral resources in the a mineral processing permit.
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• "Mineral processing" is the milling, association or cooperative to forty percent

beneficiation or upgrading of ores or (40%).
minerals and rocks or by similar
Finally, under the Act, an FTAA contractor
means to convert the same into
warrants that it "has or has access to all the
marketable products.
financing, managerial, and technical
• An FTAA contractor makes a
expertise. . . ."
warranty that the mining operations
shall be conducted in accordance This suggests that an FTAA contractor is
with the provisions of R.A. No. 7942 bound to provide some management
and its implementing rules and for assistance – a form of assistance that has
work programs and minimum been eliminated and, therefore, proscribed
expenditures and commitments. And by the present Charter.
it obliges itself to furnish the
Government records of geologic, By allowing foreign contractors to
accounting, and other relevant data manage or operate all the aspects of the
for its mining operation. mining operation, the above-cited
• "Mining operation," as the law provisions of R.A. No. 7942 have in effect
conveyed beneficial ownership over the
defines it, means mining activities
nation's mineral resources to these
involving exploration, feasibility,
contractors, leaving the State with nothing
development, utilization, and
but bare title thereto
processing.
the Court finds the following provisions of
The underlying assumption in all these
R.A. No. 7942 to be violative of Section 2,
provisions is that the foreign contractor
Article XII of the Constitution:
manages the mineral resources, just like
the foreign contractor in a service (1) The proviso in Section 3 (aq), which
contract. defines "qualified person," to wit:
Furthermore, Chapter XII of the Act grants Provided, That a legally organized foreign-
foreign contractors in FTAAs the same owned corporation shall be deemed a
auxiliary mining rights that it grants qualified person for purposes of granting an
contractors in mineral agreements exploration permit, financial or technical
(MPSA, CA and JV). assistance agreement or mineral processing
permit.
Parenthetically, Sections 72 to 75 use the
term "contractor," without distinguishing (2) Section 23,280 which specifies the rights
between FTAA and mineral agreement and obligations of an exploration permittee,
contractors. And so does "holders of insofar as said section applies to a financial
mining rights" in Section 76. or technical assistance agreement,
A foreign contractor may even convert its (3) Section 33, which prescribes the
FTAA into a mineral agreement if the eligibility of a contractor in a financial or
economic viability of the contract area is technical assistance agreement;
found to be inadequate to justify large-scale
mining operations, provided that it reduces (4) Section 35,281 which enumerates the
its equity in the corporation, partnership, terms and conditions for every financial or
technical assistance agreement;
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(5) Section 39,282 which allows the There can be little doubt that the WMCP
contractor in a financial and technical FTAA itself is a service contract.
assistance agreement to convert the same
These contractual stipulations, taken
into a mineral production-sharing agreement;
together, grant WMCP beneficial
(6) Section 56,283 which authorizes the ownership over natural resources that
issuance of a mineral processing permit to a properly belong to the State and are
contractor in a financial and technical intended for the benefit of its citizens.
assistance agreement;
These stipulations are abhorrent to the
The following provisions of the same Act 1987 Constitution. They are precisely the
are likewise void as they are dependent vices that the fundamental law seeks to
on the foregoing provisions and cannot avoid, the evils that it aims to suppress.
stand on their own: Consequently, the contract from which they
spring must be struck down.
(1) Section 3 (g),284 which defines the term
"contractor," insofar as it applies to a In arguing against the annulment of the
financial or technical assistance agreement. FTAA, WMCP invokes the Agreement on
the Promotion and Protection of
Section 34,285 which prescribes the
Investments between the Philippine and
maximum contract area in a financial or
Australian Governments
technical assistance agreements;
invalidation of the subject FTAA, it is argued,
Section 36,286 which allows negotiations for
would constitute a breach of said treaty
financial or technical assistance agreements;
which, in turn, would amount to a violation
Section 37,287 which prescribes the of Section 3, Article II of the Constitution
procedure for filing and evaluation of adopting the generally accepted principles of
financial or technical assistance agreement international law as part of the law of the
proposals; land.
Section 38,288 which limits the term of the annulment of the FTAA would not
financial or technical assistance agreements; constitute a breach of the treaty invoked.
For this decision herein invalidating the
Section 40,289 which allows the assignment subject FTAA forms part of the legal system
or transfer of financial or technical assistance of the Philippines.
agreements;
The equal protection clause guarantees
Section 41,290 which allows the withdrawal that such decision shall apply to all contracts
of the contractor in an FTAA; belonging to the same class, hence,
The second and third paragraphs of upholding rather than violating, the "fair and
Section 81,291 which provide for the equitable treatment" stipulation in said treaty.
Government's share in a financial and The Court hereby declares
technical assistance agreement; and unconstitutional and void:
Section 90,292 which provides for incentives (1) The following provisions of Republic
to contractors in FTAAs insofar as it applies Act No. 7942:
to said contractors;
(a) The proviso in Section 3 (aq),
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(b) Section 23, Department of Environment and

Natural Resources (DENR).
(c) Section 33 to 41,
• the EP 133 expired by non-renewal
(d) Section 56,
since it was not renewed before or
(e) The second and third paragraphs of after its expiration.
Section 81, and
• Proclamation No. 297 is valid
(f) Section 90. absent any question against its
validity. IN relation, under Section 5
(2) All provisions of Department of of Republic Act No. 7942, mining
Environment and Natural Resources operations in mineral reservations
Administrative Order 96-40, s. 1996 which may be undertaken directly by the
are not in conformity with this Decision, State or through a contractor, the
and Court deemed the issue of ownership
(3) The Financial and Technical of priority right as having been
Assistance Agreement between the overtaken by the said proclamation.
Government of the Republic of the • It is now within the prerogative of the
Philippines and WMC Philippines, Inc. Executive Department to undertake
directly the mining operations of the
APEX Mining v. Southeast disputed area or to award the
Mindanao Gold Mining operations to private entities such as
(November 20, 2009) Apex, subject to applicable laws,
rules and regulations, and provided
FACTS: that these private entities are
In its June 2006 decision, the Supreme Court qualified.
held that Southeast Mindanao Gold Mining
• the assignment of Exploration Permit Corporation (SEM) filed a motion for
(EP) 133 in favor of SEM violated one reconsideration of the Supreme Court’s
of the conditions stipulated in the assailed decision.
permit, that the same shall be for the Apex filed a Motion for Clarification asking
exclusive use and benefit of that the Court elucidate on the Decision’s
Marcopper Mining Corporation pronouncement that “mining operations, are
(MMC) or its duly authorized agents. now, therefore within the full control of the
Because SEM did not claim or submit State through the executive branch.”
evidence that it was a designated
agent of MMC, the latter cannot be Moreover, it asked the Court to order the
considered as an agent of the former Mines and Geosciences Board (MGB) to
that can use EP 133 and benefit from accept its application for an exploration
it. permit.
• the transfer of EP 133 violated Balite echoes the same concern as that of
Presidential Decree No. 463, which Apex on the actual takeover by the State of
requires that the assignment of a the mining industry in the disputed area to
mining right be made with the prior the exclusion of the private sector. In
approval of the Secretary of the addition, Balite prayed that the Court will
MNI NOTES|62

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direct MGB to accept its application for an 3. Assuming that the

exploration permit. legality/constitutionality of
Proclamation No. 297 was timely
SEM, It insists that mining rights, once
raised, whether said proclamation
obtained, continue to subsist regardless
violates Article XII, Section 4 of the
of the validity of the exploration permit; Constitution.
thus, mining rights are independent of the
exploration permit and therefore do not 4. Whether RA 7942 is the applicable
expire with the permit. law.
SEM insists that a mining right is a vested RULING
property right that not even the government
can take away.
SEM does not aver or prove that its 1. No, the assignment of EP 133
mining rights had been perfected and violated its terms and conditions and
completed when the Philippine Bill of 1902 Sec. 97, PD 463.
was still the operative law. Surely, it is
Section 97 is entitled, “Assignment of
impossible for SEM to successfully assert
Mining Rights.” This hints that before
that it acquired mining rights over the
mining rights — namely, the rights to
disputed area in accordance with the same
explore, develop and utilize — are
bill, since it was only in 1984 that MMC,
transferred or assigned, prior approval
SEM’s predecessor-in-interest, filed its
must be obtained from the DENR
declaration of locations and its prospecting
Secretary. An exploration permit, thus,
permit application in compliance with
cannot be assigned without the
Presidential Decree No. 463.
imprimatur of the Secretary of the DENR.
It is evident that what MMC had over the
While Presidential Decree No. 463 has
disputed area during the assignment was an
already been repealed by Executive Order
exploration permit. Clearly, the right that
No. 279, the administrative aspect of the
SEM acquired was limited to exploration,
former law nonetheless remains
only because MMC was a mere holder of an
exploration permit. applicable. Hence, the transfer or
assignment of exploration permits still needs
ISSUES the prior approval of the Secretary of the
DENR.
1. Whether the transfer or assignment
of Exploration Permit (EP) 133 by In addition, the terms of the permit was
MMC to SEM was validly made violated. Condition Number 6 categorically
without violating any of the terms and states that the permit shall be for the
conditions set forth in Presidential exclusive use and benefit of MMC or its duly
Decree No. 463 and EP 133 itself. authorized agents. While it may be true that
SEM, the assignee of EP 133, is a 100%
2. Whether Southeast Mindanao Mining
subsidiary corporation of MMC, records are
Corp. acquired a vested right over the
bereft of any evidence showing that the
disputed area, which constitutes a
former is the duly authorized agent of the
property right protected by the
latter.
Constitution.
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2. No, SEM does not acquire aver or The right that SEM acquired was limited to
prove that its mining rights had been exploration, only because MMC was a mere
perfected and completed when the holder of an exploration permit. As
Philippine Bill of 1902 was still the previously explained, SEM did not acquire
operative law. the rights inherent in the permit, as the
assignment by MMC to SEM was done in
It is impossible for SEM to successfully
violation of the condition stipulated in the
assert that it acquired mining rights over the
permit, and the assignment was effected
disputed area in accordance with the same
without the approval of the proper authority
bill, since it was only in 1984 that MMC,
in contravention of the provision of the mining
SEM’s predecessor-in-interest, filed its
law governing at that time. In addition, the
declaration of locations and its prospecting
permit expired on 6 July 1994. It is,
permit application in compliance with
therefore, quite clear that SEM has no right
Presidential Decree No. 463. It was on 1 over the area.
July 1985 and 10 March 1986 that a
Prospecting Permit and EP 133, An exploration permit does not automatically
respectively, were issued to ripen into a right to extract and utilize the
MMC. Considering these facts, there is no minerals; much less does it develop into a
possibility that MMC or SEM could have vested right. The holder of an exploration
acquired a perfected mining claim under the permit only has the right to conduct
auspices of the Philippine Bill of 1902. exploration works on the area
awarded. Presidential Decree No. 463
SEM likens EP 133 with a building permit.
defined exploration as “the examination
SEM likewise equates its supposed rights
and investigation of lands supposed to
attached to the exploration permit with the
contain valuable minerals, by drilling,
rights that a private property land owner has
trenching, shaft sinking, tunneling, test
to said landholding. This analogy has no
pitting and other means, for the purpose
basis in law.
of probing the presence of mineral
In addition, national wealth, such as mineral deposits and the extent
resources, are owned by the State and not thereof.” Exploration does not include
by their discoverer. The discoverer or locator development and exploitation of the minerals
can only develop and utilize said minerals for found. Development is defined by the same
his own benefit if he has complied with all the statute as the steps necessarily taken to
requirements set forth by applicable laws and reach an ore body or mineral deposit so
if the State has conferred on him such right that it can be mined, whereas exploitation
through permits, concessions or is defined as “the extraction and utilization
agreements. Without the imprimatur of the of mineral deposits.” An exploration permit
State, any mining aspirant does not have any is nothing more than a mere right accorded
definitive right over the mineral land to its holder to be given priority in the
because, unlike a private landholding, government’s consideration in the granting of
mineral land is owned by the State, and the the right to develop and utilize the minerals
same cannot be alienated to any private over the area. An exploration permit is
person as explicitly stated in Section 2, merely inchoate, in that the holder still has to
Article XIV of the 1987 Constitution. comply with the terms and conditions
embodied in the permit
MNI NOTES|64

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SEM did not acquire the rights attached to degradation of the forest environment and to
EP 133, since their transfer was without legal resolve the health and peace and order
effect. Granting for the sake of argument problems that beset the area.
that SEM was a valid transferee of the
There is nothing contradictory between the
permit, its right is not that of a mining
two. Proclamation No. 297, a measure to
contractor. An exploration permit
attain and maintain a rational and orderly
grantee is vested with the right to conduct
balance between socio-economic growth
exploration only, while an FTAA or MPSA
and environmental protection, jibes with the
contractor is authorized to extract and
constitutional policy of preserving and
carry off the mineral resources that may
protecting the forest lands from being further
be discovered in the area. An exploration
devastated by denudation. In other words,
permit holder still has to comply with the
the proclamation in question is in line with
mining project feasibility and other
Section 4, Article XII of the Constitution, as
requirements under the mining law. It has to
the former fosters the preservation of the
obtain approval of such accomplished
forest environment of the Diwalwal area and
requirements from the appropriate
is aimed at preventing the further
government agencies. Upon obtaining this
degradation of the same.
approval, the exploration permit holder has to
file an application for an FTAA or an MPSA 4. Yes, RA 7942 is the applicable law.
and have it approved also. Until the MPSA Proclamation No. 297, declaring a
application of SEM is approved, it cannot certain portion of land located in
lawfully claim that it possesses the rights of Monkayo, Compostela Valley, with
an MPSA or FTAA holder. But again, SEM is an area of 8,100 hectares, more or
not qualified to apply for an FTAA or any less, as a mineral reservation, was
mineral agreement, considering that it is not issued by the President pursuant to
a holder of a valid exploration permit, since Section 5 of Republic Act No. 7942,
EP 133 expired by non-renewal and the also known as the “Philippine Mining
transfer to it of the same permit has no legal Act of 1995.” Section 5 of Republic
value. Act No. 7942 authorizes the
President to establish mineral
3. No, Proclamation No. 297 does not
reservations.
violate the following:
Article XII, Sec. 4: It is only after the specific
limits of the forest lands shall have been Diamond Drilling Corporation of
determined by the legislature will this
constitutional restriction apply. SEM does not the Philippines v. Crescent
allege nor present any evidence that Mining and Development
Congress had already enacted a statute Corporation, (G.R. Nos. 201785 &
determining with specific limits forest lands
207360, April 10, 2019)
and national parks. In addition, there is
nothing in the constitutional provision that FACTS:
prohibits the President from declaring a
forest land as an environmentally critical area Crescent Mining and Development
and from regulating the mining operations Corporation (Crescent), a Filipino
therein by declaring it as a mineral corporation, and Pacific Falkon Resources
reservation in order to prevent the further Corporation (PFRC), a Canadian
MNI NOTES|65

lOMoARcPSD|18318092
corporation, entered into a Joint Venture Crescent; and, that the decision in Civil Case
Agreement (JVA) in preparation for the No. 00-055 only involves PFRC, and not
formation of a joint venture to undertake Crescent.
copper and gold mining operations in
JVA between PFRC and Crescent as regards
Guinaoang and Bulalacao, Mankayan,
Benguet the Guinaoang Project is a private matter
between the said corporations such that the
the Republic of the Philippines, through then conveyance by PFRC to DDCP of its interest
DENR Secretary Victor Ramos, and by virtue therein is not within the DENR Secretary's
of Republic Act (R.A.) No. 79425 (Mining authority to approve.
Act) and DENR Administrative Order No.
TRIAL COURT and CA ruled in favor of
96-40, awarded MPSA to Crescent. Under
DDCP.
the agreement, Crescent was granted the
exclusive right to conduct initial exploration ISSUE:
and possible development and commercial
utilization of minerals that may be found within Can the Department of Environment and
the Guinaoang Project area. Natural Resources (DENR), through a court
order, be compelled to amend a Mineral
Crescent and PFRC executed a Letter- Production Sharing Agreement (MPSA) to
Agreement amending the JVA. Under their reflect the acquisition by judicial sale of a
new arrangement, PFRC acquired a 40% partial interest therein?
stake in the Guinaoang Project. A copy of the
Letter-Agreement was then sent by the parties RULING:
to, and recorded in, the Regional Office of the By the execution sale, DDCP became
Mines and Geosciences Bureau (MGB) in subrogated to all the rights of PFRC under the
Baguio City. JVA and the Letter-Agreement dated August
PFRC and its Drilling contractor (DDCP) had a 5, 1997.
dispute, wherein DDCP won. The right to demand the amendment of the
On December 31, 2001, PFRC's interest in MPSA to reflect the 40% interest therein is
the Guinaoang Project was publicly only one among the bundle of rights that
auctioned whereupon DDCP came out as DDCP had acquired in the execution sale.
the highest bidder. Thereafter, a Certificate These rights constitute property which may
of Sale was issued by the Sheriff of the RTC stand as payment for the judgment debt.
of Makati City in favor of DDCP. The sale was
duly registered with the MGB-CAR. Hence, As regards the share in the MPSA, at this
DDCP became the 40% equitable owner. point, the remedy of DDCP no longer lays
with the trial court but with the DENR
In 2008, DDCP requested the MGB to record Secretary, because the approval of an
its 40% interest in the Guinaoang Project. amendment to an MPSA to reflect a transfer
The request was denied by then DENR-MGB or assignment of rights therein is a power
Director Horacio C. Ramos (Director Ramos) and function of the DENR Secretary under
on the ground that DDCP has not acquired Section 30 of the Mining Act.
any interest in MPSA since the said Principle of state control over mining
Agreement is between the government and agreements; Nature of DENR Secretary's
Crescent; that PFRC has no equity in
MNI NOTES|66

lOMoARcPSD|18318092
power to approve transfers or assignments 2. Power to approve applications for

of MPSA rights mineral agreements;38
An MPSA can only be amended to include 3. Power to promulgate the IRR,
a new co-contractor if the government, including the rules for processing
through the DENR, approves the applications for mining rights;39
amendment; and the requirements set by
4. Power to approve assignments or
law are complied with; as this is tantamount
transfers of mineral agreements
to a transfer of a mineral agreement right.
other than FTAAs;40 and
The Mining Act fleshes out the power of the
state over mineral agreements. 5. Authority to approve the cancellation
or withdrawal of mining
Section 8 of said law vests in the DENR the agreements.41
primary responsibility "for the conservation,
In turn, the MGB has been given "direct
management, development, and proper use of
charge in the administration and
the State's mineral resources including those
disposition of mineral lands and mineral
in reservations, watershed areas, and lands of
resources."42 It was also given additional
the public domain." Pursuant to this
powers and duties such as:
responsibility, the DENR is given the
following powers: 1. Authority to determine if an applicant
for a mineral agreement possesses a
a. To promulgate rules and regulations
satisfactory environmental track
as may be necessary to implement
record;43
the intent and provisions of the Act;
2. Authority to receive applications for
b. To enter into Mineral Agreements on
mineral agreements covering areas
behalf of the Government or
within mineral reservations;44
recommend Financial or Technical
Assistance Agreement (FTAA) to the 3. Duty to undertake geological, mining,
President upon endorsement of the metallurgical, chemical, and other
Director; researches, as well as geological and
mineral exploration surveys;45
c. To enforce applicable related laws
such as the Administrative Code, the 4. Duty of the MGB Director to
Civil Code, etc.; and recommend to the Secretary the
granting of mineral agreements to
d. To exercise such other authority
duly qualified persons and to monitor
vested by the Act and as provided for
in these IRR. the compliance by the contractor of
the terms and conditions of the
Accordingly, the Mining Act vests in the mineral agreements;46
Secretary the following powers with
respect to MPSAs: 5. Power to confiscate surety,
performance and guaranty bonds
1. Power to enter into mineral posted through an order to be
agreements on behalf of the promulgated by the MGB Director;[47
Government;37
6. Power of the MGB Director to
deputize, when necessary, any
MNI NOTES|67

lOMoARcPSD|18318092
member or unit of the Philippine the requisites fm: a valid transfer or

National Police, barangay, duly assignment of rights in an MPSA are as
registered non-governmental follows:
organization or any qualified person
1. An application for transfer or
to police all mining activities;48 and
assignment filed by the contractor
7. Powers of the Secretary as delegated named in the MPSA;
to the MGB Director.49
2. Payment of application fee with the
The IRR of the Mining Act states that an MGB or concerned DENR Regional
MPSA is an agreement wherein the Office;
Government grants to a contractor the
3. Submission of a Deed of Assignment
exclusive right to conduct mining
with a stipulation that the
operations within, but not title over, the
transferee/assignee assumes all
contract area and shares in the production
obligations of the transferor/assignor
whether in kind or in value as owner of the
under the Agreement;
minerals therein, with the Contractor providing
the necessary financing, technology, 4. Proof of compliance by the
management and personnel to conduct the transferor/assignor or Contractor with
mining operations. all the terms and conditions of the
Agreement and the provisions of the
Section 3(ab) of the Mining Act places
Mining Act and its IRR at the time of
MPSAs under the class of mineral
transfer/assignment;
agreements, which are explicitly defined as
contracts between the government and a 5. Approval of the DENR Secretary; and
contractor.
6. Assumption by the
It is, therefore, clear that under the Mining transferee/assignee of all the
Act, an MPSA is a contract whereby the State, obligations and responsibilities of the
through the DENR, grants to a private party transferor/assignor under the Mineral
the exclusive right to conduct mining Agreement.
operations within a specified area, in
exchange for a share in the proceeds of the DDCP admits that the Letter-Agreement
operations. dated between Crescent and PFRC is not
compliant with these requisites.
The Court rules that this is not possible
under the facts of this case, for the principle of In determining whether or not to approve
state control in the Mining Act mandates that an assignment or transfer of mineral
the addition of a new contractor to an agreement rights, the DENR Secretary
MPSA by virtue of a transfer of mineral determines if the assignee/transferee is a
agreement rights must be made with the "qualified person" under the definition of the
consent of the government, as manifested Mining Act.
by the approval of the DENR Secretary; and in This process includes inter alia a
compliance with the requirements set forth by determination of the party's "technical and
the Mining Act and its IRR. DDCP has failed to financial capability to undertake mineral
prove compliance with both requisites. resources development,"55 and of the
transferor, assignor or contractor's compliance
with all the terms and conditions of the MPSA
MNI NOTES|68

lOMoARcPSD|18318092
and the provisions of the Mining Act and its

IRR at the time of transfer/assignment:56 a
process which requires the Secretary to
evaluate the facts and circumstances of each
application and make a judgment as to
whether or not the applicant satisfies the
standards set by the statute and its
implementing rules.
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lOMoARcPSD|18318092
RA 3046 – Territorial baselines, The amount necessary to carry out the

provisions of this Act shall be provided in a
amended by RA 5446, RA 9522
supplemental budget or included in the
-There are 101 baselines. General Appropriations Act of the year of its
enactment into law.
SECTION 2.
SECTION 7.
The baselines in the following areas over
which the Philippines likewise exercises If any portion or provision of this Act is
sovereignty and jurisdiction shall be declared unconstitutional or invalid, the other
determined as “Regime of Islands” under the portions or provisions hereof which are not
Republic of the Philippines consistent with affected thereby shall continue to be in full
Article 121 of the United Nations Convention force and effect.
on the Law of the Sea (UNCLOS):
SECTION 8.
a) The Kalayaan Island Group as constituted
The provisions of Republic Act No. 3046, as
under Presidential Decree No. 1596; and
amended by Republic Act No. 5446, and all
b) Bajo de Masinloc, also known as other laws, decrees, executive orders, rules
Scarborough Shoal. and issuances inconsistent with this Act are
hereby amended or modified accordingly.
SECTION 3.
This Act affirms that the Republic of the
Philippines has dominion, sovereignty and RA 8550 – Fisheries Code, as
jurisdiction over all portions of the national amended by RA 10654 [Secs. 2, 3,
territory as defined in the Constitution and by
provisions of applicable laws including, without 5, 27, 86, 91, 92, ]
limitation, Republic Act No. 7160, otherwise Philippine water
known as the Local Government Code of 1. All waters within the Philippine
1991, as amended. Territory
2. Waters around, between an
SECTION 4.
connecting the islands of the
This Act, together with the geographic archipelago, regardless of its breadth
coordinates and the charts and maps and dimension
indicating the aforesaid baselines, shall be 3. The territorial sea, the seabed, the
deposited and registered with the Secretary subsoil, the insular shelves and all other
General of the United Nations. waters over which the Philippines has
sovereignty or jurisdiction
SECTION 5. 4. 200n.m. EEZ and the continental
shelf.
The National Mapping and Resource
Information Authority (NAMRIA) shall forthwith
Section 2, Article XII of 1987
produce and publish charts and maps of the
Constitution:
appropriate scale clearly representing the “The state shall protect the nation’s
delineation of basepoints and baselines as set marine wealth and its archipelagic water,
forth in this Act. territorial sea, and exclusive economic
zone, and reserve its use and enjoyment
SECTION 6.
exclusive for
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lOMoARcPSD|18318092
Filipino Citizen.”
4. Exclusive Economic Zone (EEZ) –
In other words, Filipino subsistence or Not more than 200n.m from baseline.
marginal fishermen shall have The coastal state has rights & obligations
“preferential right” over use and relative to the exploitation, management
exploitation of fishery and aquatic and preservation over the economic
resources. resources found within the zone.
However, in Tano v. Socrates, the Baseline - low-water line along the coast as
“preferential right” of the officially recognized by the coastal State.
subsistence/marginal fishermen is NOT
ABSOLUTE, since in accordance with the
Straight baseline – drawn connecting
Regalian Doctrine, EDU of natural
resources shall be under full control and selected points on coast without appreciable
supervision of the state. departure from general shape of the coast.
Section 2, Article XII aims primarily NOT High seas – beyond territorial seas and not
TO BESTOW any right to subsistence subject to the sovereign of the coastal state.
fishermen but to lay stress on duty of the
state to protect the nation’s wealth. Continental Shelf – seabed/subsoil of
submarine areas adjacent to the coastal
Application of RA 8550: state but outside territorial sea up to depth of
The law shall be enforced in: 200meters or beyond.
a. all Philippine waters including other
waters which the Municipal waters – bodies of water within
Philippine has sovereignty or jurisdiction; the municipality which is not included within
b. all aquatic and fisheries resources the protected areas, 15km from coastline.
c. all lands devoted to aquaculture ▪ Jurisdiction of municipal/city
government
Maritime Zones according to United ▪ Under general welfare clause
Nations Convention on Law of the Seas
(UNCLOS) Catch ceiling – limitations or quota on total
quantity of fish captured for a specific period
1. Internal waters – all waters of time and specified area based on
landward from baseline of the territory. available evidence.
According to the constitution, “the waters Differentiate marginal v. subsistence
around, between and connecting the fishermen:
archipelago. (Archipelagic waters)” ▪ Marginal fishermen – an
individual engaged in fishing whose
2. Territorial Sea – a belt of sea margin or return is barely sufficient to
outwards from baseline up to 12n.m, in yield a profit.
which the coastal state exerciser ▪ Subsistence fishermen –
sovereignty. catch yields but irreducible minimum
for his livelihood.
3. Contiguous Zone – Water not
exceeding 24n.m. from baseline; National Mapping & Resource
exercises authority for customs, fiscal, Information Authority
immigration or sanitation authority.
MNI NOTES|71

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(NAMRIA) – repository of all maps in the EVIDENCE OF UNAUTHORIZED

Philippines. FISHING (Penalty: fine,
confiscation of catch, fishing equipment
Obligations of the coastal state and fishing vessel)
1. Ensure measures that the living
resources are not subject to over- ▪ SEARCH AND SEIZURE OF
exploitation FISHING VESSEL WHICH VIOLATED
2. Promote optimum utilization of living THE FISHERIES LAW IS AN
resources EXCEPTION TO BILL OF RIGHTS –
SEARCH WITHOUT WARRANT.
2 kinds of fishing:
1. Municipal fishing – 3 gross tons or LLDA v. CA
less ▪ RA 4850 (1966) provides that
2. Commercial fishing Laguna Lake Development Authority
a. Small scale (3.1 to 20 GT) (LLDA) has exclusive jurisdiction to
b. Medium scale (20.1 to 150 issue permits for enjoyment of fishery
GT) and privilege in Laguna de Bay; On the
c. Large scale (more than 150 other hand, RA 7160 (1991) calls for
GT) the exclusive authority of municipality
regarding issuance of permits.
▪ To harmonize, SC held that RA
Limit of fishponds:
7160 does not repeal the provision of
1. 50 hectares – individual
RA 4850. The charter of LLDA
2. 250 hectares – corporation
constitutes a special law, while RA
7160 is a general law which cannot be
▪ NO PERSON SHALL OPERATE A construed to have repealed a special
COMMERCIAL FISHING VESSEL, OR law. Power of LLDA embodied a valid
ENGAGE IN FISHERY ACTIVITY exercise of police power, while LGU’s
WITHOUT FIRST SECURING A power is clearly granted for revenue
LICENSE FROM DEPARTMENT OF purpose.
AGRICULTURE.
Hizon v. Court of Appeals
▪ ANY PERSON FOUND IN AREA ▪ There is a presumption of guilt on
WITHOUT PERMIT OR the discovery of substances and
REGISTRATION FOR A FISHING contaminated fish in the possession of
VESSEL SHALL BE fishermen in the fishing boat.
PRESSUMED ENGAGED IN ▪ However, since it is only a prima
UNAUTHORIZED FISHING.” facie evidence, the accused is not
precluded from resenting his evidence
▪ THERE IS AN AUTOMATIC to rebut the main fact presumed.
CANCELLATION OF FISHPOND
LEASE AGREEMENT IF THE HOLDER Araneta v. Gatmaitan
ACQUIRES If the Secretary has authority to regulate
CITIZENSHIP IN OTHER COUNTRY. or ban fishing, then, the president may
exercise the same power under: (i)
▪ THE ENTRY OF FOREIGN FISHING Section 17, Article VII of 1987
VESSEL IN THE PHILIPPINE WATERS constitution; and (ii) Supervision and
control of President over his executive
SHALL CONSTITUTE A PRIMA FACIE
department under administrative code
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lOMoARcPSD|18318092
"SEC. 2. Declaration of Policy. – It is ecosystem-based approach to fisheries
hereby declared the policy of the State: management and integrated coastal area
management in specific natural fishery

(a) x x x
management areas, appropriately supported
xxx by research, technical services and guidance
provided by the State; and

(c) To ensure the rational and sustainable
development, management and conservation Section 2. Section 3 of the same Act is
of the fishery and aquatic resources in hereby amended, as follows:
Philippine waters including the Exclusive

• "SEC. 3. Application of its
Economic Zone (EEZ) and in the adjacent high
Provisions. – The provisions of this
seas, consistent with the primordial objective
Code shall be enforced in:
of maintaining a sound ecological balance,
o all Philippine waters including
protecting and enhancing the quality of the
other waters over which the
environment. The Philippines shall pursue its
Philippines has sovereignty
commitment to international conventions and
and jurisdiction, and the
cooperate with other states and international
country’s 200-nautical mile
bodies, in order to conserve and manage
Exclusive Economic Zone
threatened , aquatic species, straddling and
(EEZ) and continental shelf;
highly migratory fish stocks and other living
o all aquatic and fishery
marine resources;
resources whether inland,
xxx coastal or offshore fishing
areas, including, but not limited

(f) To adopt the precautionary principle and
to, fishponds, fish pens/cages;
manage fishery and aquatic resources, in a
manner consistent with the concept of an
MNI NOTES|73

lOMoARcPSD|18318092
o all lands devoted to • (13) Conservation and Management
aquaculture, or businesses and Measures – means measures to
activities relating to fishery, conserve and manage living marine
whether private or public lands; resources that are adopted and
and applied consistently with the relevant
o all Philippine flagged fishing rules of international law including
vessels operating in areas those reflected in conventions, RFMO
governed by a Regional resolutions and laws of other coastal
Fisheries Management states where Philippine flagged
Organization (RFMO), in the vessels fish.
high seas, or in waters of other • 35) Fisheries Observer – refers to a
coastal states." person duly authorized by the
Philippine government or under a

Section 3. Section 4 of the same Act is
Regional Observer Program of the
hereby amended, as follows:
RFMO, to collect scientific, technical or
• "SEC. 4. Definition of Terms. – As fishing-related data, and other
used in this Code, the following terms information that may be required by the
and phrases shall mean as follows: government or the RFMO and/ or in
• (12) Community Service – means any compliance to a conservation and
service or activity that is performed for management measure.
the benefit of the community or its • 37) Fishing Vessel/Gear License
institutions in lieu of payment of fine – refers to a permit to operate specific
imposed as administrative or criminal types of fishing vessel/gear for specific
penalty. duration in areas beyond municipal
MNI NOTES|74

lOMoARcPSD|18318092
waters for demersal or pelagic fishery • (45) Fishing Light Attractor – refers to
resources. a fishing aid which employs lights
• (44) Fishing Gear – refers to any using, among others, mercury vapor,
instrument or device and its high pressure sodium vapor, standard
accessories utilized in taking fish and tungsten, tungsten halogen,
other fishery species. fluorescent or light-emitting diode, that
o Active Fishing Gear – is a are attached to a structure above water
fishing device characterized by or suspended underwater to attract
the pursuit of the target species both fish and members of their food
by towing, pushing the gears, chain to specific areas in order to
surrounding, covering, harvest them.
dredging, and scaring the • (54) Harvest Control Rules – refers to
target species to actions or set of actions to be taken to
impoundments; such as, but achieve a medium or long term target
not limited to, trawl, purse reference point while avoiding
seines, Danish reaching or breaching a limit reference
seines, paaling and drift gill point.
net. • (55) Illegal Fishing – means fishing
o Passive Fishing Gear – is activities conducted by Philippine
characterized by the absence fishing vessels operating in violation of
of pursuit of the target species; Philippine laws, Regional Fisheries
such as, but not limited to, hook Management Organization
and line, fishpots, traps and gill resolutions, and laws of other coastal
nets set across the path of the states.
fish.
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• (60) Marine Protected Area – means a standard to compare estimates of a
defined area of the sea established fishery stock size and fishing mortality
and set aside by law, administrative over time depending on the biological
regulation, or any other effective characteristics of the species.
means in order to conserve and protect Reference points can mark: (a)
a part of or the entire enclosed a limit or a level that should be
environment through the avoided; (b) a target, which should be
establishment of management achieved and maintained; or (c)
guidelines. It is considered a generic a trigger that signals the need to take
term that includes all declared areas prescribed actions.
governed by specific rules or • (77) Regional Fisheries Management
guidelines in order to protect and Organization (RFMO) – means a multi-
manage activities within the enclosed lateral organization with responsibility
area. to coordinate management and
• (73) Port State Measures – refers to establish conservation and
the requirements established or management measures for highly
interventions undertaken by port migratory fish stocks, fish stocks that
states, which a Philippine flagged or straddle national fisheries
foreign fishing vessel must comply with management boundaries and other
as a condition for the use of ports high seas species.
within the port state. • (82) Serious Violation – means any of
• (76) Reference Points – means the following violations of the
benchmark values often based on provisions of this Code:
indicators such as fishery stock size or o Fishing without a valid license,
the level of fishing that serves as authorization or permit;
MNI NOTES|76

lOMoARcPSD|18318092
o Fishing without reporting the o Intentionally tampering with or
catch or misreporting the catch; disabling the vessel monitoring
o Fishing in a closed area or system; and
during a closed season; o Committing multiple violations
o Fishing of prohibited species; which taken together constitute
o Fishing with the use of a serious disregard of this
prohibited gear or methods; Code.
o Falsifying, concealing or • (83) Superlight – also called magic
tampering with vessel light, refers to a type of light using
markings, identity or halogen or metal halide bulb which
registration to conceal vessel may be located above the sea surface
identity or lack of registration; or submerged in the water. It consists
o Concealing, tampering or of a ballast, regulator, electric cable
disposing of evidence relating and socket. The source of energy
to an investigation of a comes from a generator, battery or
violation; dynamo coupled with the main engine.
o Assaulting, resisting, • (85) Transhipment – refers to the
intimidating, harassing, transfer of all or any fish or fishery
seriously interfering with, or product from one fishing vessel to
unduly obstructing or delaying another.
a fisheries law enforcer, • (86) x x x
authorized inspector or • (87) Unregulated Fishing – refers to
observer or other duly fishing activities conducted by:
authorized government officer;
MNI NOTES|77

lOMoARcPSD|18318092
o Vessels without nationality but regulations to be promulgated by the
operated by Filipino and/or Department."
Filipino corporation;
Section 5. Section 7 of the Act is hereby
o Philippine flagged fishing
amended, as follows:
vessels operating in areas
managed by RFMOs to which • "SEC. 7. Access to Fishery
the Philippines is not a party to; Resources. – The Department shall
or issue such number of licenses and
o Philippine flagged fishing permits for the conduct of fishery
vessels operating in areas or activities subject to harvest control
fish stocks where there are no rules and reference points as
applicable conservation and determined by scientific studies or best
management measures. available evidence. Preference shall
• (88) Unreported Fishing – refers to be given to resource users in the local
fishing activities which have not been communities adjacent or nearest to the
reported, or have been misreported to municipal waters."
the Department, in contravention of

SECTION 27. Persons Eligible for
national laws and regulations of the
Commercial Fishing Vessel License. —
Philippines, or undertaken in the area
of competence of a relevant RFMO No commercial fishing vessel license shall be
which have not been reported or have issued except to citizens of the Philippines,
been misreported, in contravention of partnerships or to associations, cooperatives
the reporting procedures of that or corporations duly registered in the
organization and further elaborated by Philippines at least sixty percent (60%) of the
capital stock of which is owned by Filipino
MNI NOTES|78

lOMoARcPSD|18318092
citizens. No person to whom a license has gathering of fish, fry or fingerlings of any
been issued shall sell, transfer or assign, fishery species or fishery products without
directly or indirectly, his stock or interest license or permit from the Department or LGU.
therein to any person not qualified to hold a

Except in cases specified under this Code, it
license. Any such transfer, sale or assignment
shall also be unlawful for any commercial
shall be null and void and shall not be
fishing vessel to fish in municipal waters.
registered in the books of the association,
cooperative or corporation. The discovery of any person in possession of
a fishing gear or operating a fishing vessel in

For purposes of commercial fishing, fishing
a fishing area where he has no license or
vessels owned by citizens of the Philippines,
permit shall constitute & prima
partnerships, corporations, cooperatives or
facie presumption that the person is engaged
associations qualified under this section shall
in unauthorized fishing: Provided, That fishing
secure Certificates of Philippine Registry and
for daily food sustenance or for leisure which
such other documents as are necessary for
is not for commercial, occupation or livelihood
fishing operations from the concerned
purposes may be allowed.
agencies: Provided, That the commercial
fishing vessel license shall be valid for a period Upon a summary finding of administrative
to be determined by the Department. liability, the boat captain and the three (3)
highest officers of the commercial fishing

"CHAPTER VI PROHIBITIONS AND
vessel and the owner or operator who violate
PENALTIES
this provision shall be penalized with
Section 86. Unauthorized Fishing. – confiscation of catch and gear, and an
administrative fine of five (5) times the value of

(a) It shall be unlawful for any person to
the catch or the amount indicated below,
capture or gather or to cause the capture or
whichever is higher:
MNI NOTES|79

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(1) Fifty thousand pesos (P50,000.00) to One equivalent to twice the value of catch or Five
hundred thousand pesos (P100,000.00) for thousand pesos (P5,000.00), whichever is
small-scale commercial fishing; higher, and confiscation of the catch and
fishing gear: Provided, That if the offender

(2) One hundred fifty thousand pesos
fails to pay the fine, he shall render community
(P150,000.00) to Five hundred thousand
service.
pesos (P500,000.00) for medium-scale
commercial fishing; and Section 91. Poaching in Philippine
Waters. –
(3) One million pesos (P1,000,000.00) to Five
million pesos (P5,000,000.00) for large-scale It shall be unlawful for any foreign person,
commercial fishing. corporation or entity to fish or operate any
fishing vessel in Philippine waters.

Upon conviction by a court of law, the boat
captain and the three (3) highest officers of the The entry of any foreign fishing vessel in
commercial fishing vessel shall suffer the Philippine waters shall constitute a prima
penalty of imprisonment of six (6) months and facie presumption that the vessel is engaged
confiscation of catch and gear and twice the in fishing in Philippine waters.
amount of the administrative fine.

Upon a summary finding of administrative
(b) It shall be unlawful for any person not listed liability, any foreign person, corporation or
in the registry of municipal fisherfolk to engage entity in violation of this section shall be
in any commercial fishing activity in municipal punished by an administrative fine of Six
waters. hundred thousand US dollars
(US$600,000.00) to One million US dollars

(US$1,000,000.00) or its equivalent in
liability, the offender of this provision shall be
Philippine currency.
punished with an administrative fine
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Upon conviction by a court of law, the offender gathered fish or any fishery species in
shall be punished with a fine of One million two Philippine waters with the use of explosives,
hundred thousand US dollars noxious or poisonous substance such as
(US$1,200,000.00), or its equivalent in sodium cyanide, which will kill, stupefy, disable
Philippine currency, and confiscation of catch, or render unconscious fish or fishery
fishing equipment and fishing vessel. species: Provided, That the Department,
subject to such safeguards and conditions

If the offender is caught within internal waters,
deemed necessary and with the endorsement
an additional penalty of imprisonment of six (6)
from the concerned LGUs, may allow, for
months and one (1) day to two (2) years and
research, educational or scientific purposes
two (2) months shall be imposed. If
only, the use of poisonous or noxious
apprehended for the second time within
substances to catch, take or gather fish or
internal waters, the offender shall be punished
fishery species: Provided, further, That the
with imprisonment of three (3) years and a fine
use of poisonous or noxious substances to
of Two million four hundred thousand US
eradicate predators and pests in fishponds in
dollars (US$2,400,000.00) or its equivalent in
accordance with accepted scientific practices
Philippine currency: Provided, That no foreign
and without causing adverse environmental
person shall be deported without the payment
impact in neighboring waters and grounds
of the imposed judicial and/or administrative
shall not be construed as illegal fishing.
fines and service of sentence, if any.
The discovery of dynamite, other explosives

Section 92. Fishing Through Explosives,
and chemical compounds which contain
Noxious or Poisonous Substance, or
combustible elements, or noxious or
Electricity. –
poisonous substances, or equipment or device
(a) It shall be unlawful for any person to catch, for electrofishing in any fishing vessel or in the
take or gather or cause to be caught, taken or
MNI NOTES|81

lOMoARcPSD|18318092
possession of any fisherfolk, operator, fishing (1) Thirty thousand pesos (P30,000.00) for
boat official or fishworker shall constitute a municipal fishing;
prima facie presumption that any of these

(2) Three hundred thousand pesos
devices was used for fishing in violation of this
(P300,000.00) for small-scale commercial
Code.
fishing;
The discovery in any fishing vessel of fish

(3) One million five hundred thousand pesos
caught or killed with the use of explosives,
(P1,500,000.00) for medium scale commercial
noxious or poisonous substances, or by
fishing; and
electricity shall constitute a prima
facie presumption that the fisherfolk, operator, (4) Three million pesos (P3,000,000.00) for
boat official or fishworker is fishing with the use large scale commercial fishing.
thereof.
Upon conviction by a court of law, the offender
Upon a summary finding of administrative shall be punished with imprisonment from five
liability, any person found liable for the actual (5) to ten (10) years, confiscation of catch,
use of explosives, noxious or poisonous including those not caught illegally if co-
substances shall be punished with mingled with those caught illegally, gear,
confiscation of catch including those not explosives and noxious or poisonous
caught illegally if co-mingled with those caught substances, or electrofishing devices and
illegally, gear, explosives and noxious or paraphernalia, gear, and a fine equivalent to
poisonous substances, or electrofishing twice the amount of the administrative fine,
devices and paraphernalia and gear, and an without prejudice to the filing of separate
administrative fine equivalent to five (5) times criminal cases when the use of the same result
the value of the catch or the amount of fine to physical injury or loss of human life.
indicated below whichever is higher:
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lOMoARcPSD|18318092
The actual use of electrofishing devices for (4) One million pesos (P1,000,000.00) for
illegal fishing shall be punished with large scale commercial fishing.
imprisonment of six (6) months and a fine of

Violation of this provision shall be punished
Five thousand pesos (P5,000.00).
with imprisonment from six (6) months to two
(b) It shall be unlawful for any person to (2) years, and a fine equivalent to twice the
possess explosives, and noxious or poisonous amount of the administrative fine and
substances for illegal fishing. confiscation of catch and gear.
liability, the offender shall be punished with PD 1067- Water Code of the
Philippines
confiscation of catch, gear, and an
ARTICLE 3. The underlying principles of
administrative fine equivalent to five (5) times this code are:
the value of the catch or the amount indicated a. All waters belong to the State.
below whichever is higher:
b. All waters that belong to the State can not
be the subject to acquisitive prescription.
(1) Ten thousand, pesos (P10,000.00) for
c. The State may allow the use or
municipal fishing;
development of waters by administrative
concession.
(2) One hundred thousand pesos
d. The utilization, exploitation, development,
(P100,000.00) for small-scale commercial
conservation and protection of water
fishing; resources shall be subject to the control
and regulation of the government through
(3) Five hundred thousand pesos
the National Water Resources Council,
(P500,000.00) for medium scale commercial hereinafter referred to as the Council.
fishing; and e. Preference in the use and development of

waters shall consider current usages and be
MNI NOTES|83

lOMoARcPSD|18318092
responsive to the changing needs of the ARTICLE 6.

country.
The following waters found on private
ARTICLE 4. lands also belong to the State:
Waters, as used in this Code, refers to water a. Continuous or intermittent waters rising on
under the grounds, water above the ground, such lands;
water in the atmosphere and the waters of
b. Lakes and lagoons naturally occurring on
the sea within the territorial jurisdiction of the
such lands;
Philippines.
c. Rain water falling on such lands;
CHAPTER II
d. Subterranean or ground waters; and
Ownership of Waters
e. Water in swamps and marshes.
ARTICLE 5. The following belong to the
State: The owner of the land where the water is
found may use the same for domestic
a. Rivers and their natural beds;
purposes without securing a permit, provided
b. Continuous or intermittent waters of that such use shall be registered, when
springs and brooks running in their natural required by the Council. The Council,
beds and the beds themselves; however, may regulate such use when there
is wastage, or in times of emergency.
c. Natural lakes and lagoons;
ARTICLE 7.
d. All other categories of surface waters such
as water flowing over lands, water from Subject to the provisions of this Code, any
rainfall whether natural or artificial, and water person who captures or collects water by
from agriculture runoff, seepage and means of cisterns, tanks, or pools shall have
drainage; exclusive control over such water and the
right to dispose of the same.
e. Atmospheric water;
ARTICLE 8.
f. Subterranean or ground waters; and
Water legally appropriated shall be
g. Seawater.
subject to the control of the appropriator
from the moment it reaches the
appropriator’s canal or aqueduct leading to
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lOMoARcPSD|18318092
the place where the water will be used or Use of water for domestic purposes is the
stored and, thereafter, so long as it is being utilization of water for drinking, washing,
beneficially used for the purposes for which bathing, cooking or other household needs,
it was appropriated. home gardens, and watering of lawns or
domestic animals.
CHAPTER III
Use of water for municipal purposes is the
Appropriation of Waters
utilization of water for supplying the water
ARTICLE 9. requirements of the community.
Waters may be appropriated and used in Use of water for irrigation is the utilization
accordance with the provisions of this Code. of water for producing agricultural crops.
Appropriation of water, as used in this Code, Use of water for power generation is the
is the acquisition of rights over the use of utilization of water for producing electrical or
waters or the taking or diverting of waters mechanical power.
from a natural source in the manner and for
Use of water for fisheries is the utilization
any purpose allowed by law.
of water for the propagation and culture of
ARTICLE 10. fish as a commercial enterprise.
Water may be appropriated for the following Use of water for livestock raising is the
purposes: utilization of water for large herds or flocks of
a. Domestic animals raised as a commercial enterprise.
b. Municipal Use of water for industrial purposes is the

utilization of water in factories, industrial
c. Irrigation
plants and mines, including the use of water
d. Power generation as an ingredient of a finished product.
e. Fisheries Use of water for recreational purposes is

the utilization of water for swimming pools,
f. Livestock raising
bath houses, boating, water skiing, golf
g. Industrial courses and other similar facilities in resorts
and other places of recreation.
h. Recreational, and
i. Other purposes
MNI NOTES|85

lOMoARcPSD|18318092
ARTICLE 13. RA 9275- Philippine Clean Water

Except as otherwise herein provided, no
Act [Secs. 16]
person, including government SEC. 16. Clean-Up Operations. —
Notwithstanding the provisions of Sections
instrumentalities or government-owned or 15 and 26 hereof, any person who causes
controlled corporations, shall appropriate pollution in or pollutes water bodies in excess
of the applicable and prevailing standards
water without a water right, which shall be
shall be responsible to contain, remove and
evidenced by a document known as a water clean-up any pollution incident at his own
expense to the extent that the same water
permit.
bodies have been rendered unfit for
utilization and beneficial use: Provided, That
Water right is the privilege granted by the
in the event emergency clean-up operations
government to appropriate and use water. are necessary and the polluter fails to
immediately undertake the same, the
ARTICLE 14. Department, in coordination with other
government agencies concerned, shall
Subject to the provisions of this Code conduct containment, removal and clean-up
operations. Expenses incurred in said
concerning the control, protection, operations shall be reimbursed by the
conservation, and regulation of the persons found to have caused such pollution
upon proper administrative determination in
appropriation and use of waters, any person
accordance with this Act. Reimbursements of
may appropriate or use natural bodies of the cost incurred shall be made to the Water
Quality Management Fund or to such other
water without securing a water permit for
funds where said disbursements were
any of the following: sourced.
a. Appropriation of water by means of hand- What is Clean Water Act?

carried receptacles; and ▪ Clean Water Act of 2004 aims to
protect the country’s water bodies from
b. Bathing or washing, watering or dipping of pollution. It provides for a comprehensive
and integrated strategy to prevent and
domestic or farm animals, and navigation of minimize pollution through a multi-
watercrafts or transportation of logs and sectoral and participatory approach
involving stakeholders.
other objects by flotation.
▪ It covers ALL types of bodies of
ARTICLE 15. water
Only citizens of the Philippines, of legal ▪ All owners or operators of facilities

age, as well as juridical persons, who are that discharge wastewater are required
to get a permit to discharge from the
duly qualified by law to exploit and develop DENR or LLDA
water resources, may apply for water
permits.
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▪ Anyone discharging wastewater into Pollutant - shall refer to any substance,

a water body shall have to pay a whether solid, liquid, gaseous or radioactive,
wastewater charge. which directly or indirectly:
Definition of Terms: a. alters the quality of any segment of

the receiving water body to affect or tend
Beneficial use – use of the environment or to affect adversely any beneficial use
any element/segment thereof conducive to thereof;
public or private welfare, safety and health;
and shall include, but not limited to the use b. is hazardous or potential hazardous
of water for domestic, municipal, irrigation, to health;
power generation, fisheries, livestock
raising, industrial, recreational and other c. imparts objectionable odor,
purpose. temperature change, or physical,
chemical or biological change to any
Contamination – means the introduction of segment of the water
substances not found in the natural body; or
composition of water that make the water
less desirable or unfit for intended use. d. is in excess of the allowable limits,
concentrations, or quality standards
Discharge – the act of spilling, leaking, specified, or in contravention of the
pumping, pouring, emitting, emptying, condition, limitation or restriction
releasing or dumping of any material into a prescribed in this Act.
water body or onto land from which it might
flow or drain into said water. Treatment - means any method, technique,
or process designed to alter the physical,
Effluent - means discharge from known chemical or biological and radiological
sources which is passed into a body of water character or composition of any waste or
or land, or wastewater flowing out of a wastewater to reduce or prevent pollution.
manufacturing plant, industrial plant
including domestic, commercial and Waste - means any material either solid,
recreational facilities. liquid, semisolid, contained gas or other
forms resulting industrial, commercial,
Hazardous waste - means any waste or mining or agricultural operations, or from
combination of wastes of solid liquid, community and household activities that is
contained gaseous, or semi-solid form which devoid of usage and discarded.
cause, of contribute to, an increase in
mortality or an increase in serious Water Pollution - means any alteration of
irreversible, or incapacitating reversible the physical, chemical, biological, or
illness, taking into account toxicity of such radiological properties of a water body
waste, its persistence and degradability in resulting in the impairment of its purity or
nature, its potential for accumulation or quality.
concentration in tissue, and other factors that - - - - - -- - - - - - - - - - - - - -
may otherwise cause or contribute to
adverse acute or chronic effects on the
health of persons or organism.
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TANOS ET AL V SOCRATES except SEA BASS, CATFISH,

MUDFISH, AND MILKFISH FRIES.
FACTS:
The City Council of Puerto Princesa, • Section 5. Penalty Clause. - Any
Palawan enacted Ordinance No. 15-92 person/s and or business entity
banning the shipment of all live fish and violating this Ordinance shall be
lobster outside of the city for five years. penalized with a fine of not more
than P5,000.00 or imprisonment of not
• Section 2. Purpose, Scope and more than twelve (12) months,
Coverage. - To effectively free our City cancellation of their permit to do
Sea Waters from Cyanide and other business in the City of Puerto Princesa
Obnoxious substance, and shall cover or all of the herein stated penalties,
all persons and/or entities operating upon the discretion of the court.
within and outside the City of Puerto
Princesa who is are [sic] directly or • Section 6. If the owner and/or operator
indirectly in the business or shipment of the establishment found vilating the
of live fish and lobster outside the City. provisions of this ordinance is a
corporation or a partnership, the
• Section 3. Definition of terms. - For penalty prescribed in Section 5 hereof
purpose of this Ordinance the following shall be imposed upon its president
are hereby defined: and/or General Manager or Managing
• SEA BASS - A kind of fish under the Partner and/or Manager, as the case
family of Centropomidae, better known maybe [sic].
as APAHAP;
To implement the law, the Mayor issued an
• CATFISH - A kind of fish under the
order to inspect on cargoes containing live
family of Plotosidae, better known as
fish and lobster being shipped out from air
HITO-HITO;
and sea.
• MUDFISH - A kind of fish under the
family of Orphicaphalisae better known purpose of the inspection is to ascertain
as DALAG whether the shipper possessed the required
• ALL LIVE FISH - All alive, breathing Mayors Permit issued by this Office and the
not necessarily moving of all specie[s] shipment is covered by invoice or clearance
use for food and for aquarium issued by the local office of the Bureau of
purposes. Fisheries and Aquatic Resources and as to
• LIVE LOBSTER - Several relatively, compliance with all other existing rules and
large marine crustaceans of the genus regulations on the matter.
Homarus that are alive and breathing
not necessarily moving.
Thereafter, the Provincial Government of
• Section 4. It shall be unlawful [for] any Palawan enacted Resolution No. 33 and
person or any business enterprise or Ordinance No. 2 which prohibit the
company to ship out from Puerto catching, gathering, possessing, buying,
Princesa City to any point of selling and shipment of live marine coral
destination either via aircraft or dwelling aquatic organisms for a period
seacraft of any live fish and lobster of five years.
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The Petitioners, some of whom were dynamite fishing and

criminally charged for violating the
ordinances as enacted,(TANO ET AL) other forms of destructive fishing under
challenged the ordinances on the ground that
it deprived them of due process of law, their • Section 447 (a) (1) (vi), Section 458
livelihood, and unduly restricted them from (a) (1) (vi), and
the practice of their trade. • Section 468 (a) (1) (vi), of the LGC.
Without seeking redress from the concerned They claimed that in the exercise of such
local government units, prosecutors office powers, the Province of Palawan had the
and courts, petitioners directly invoked our right and responsibilty to insure that the
original jurisdiction by filing this petition on 4 remaining coral reefs, where fish dwells [sic],
June 1993. within its territory remain healthy for the
future generation.
petitioners contend that:
The Ordinance, they further asserted,
• Ordinances deprived them of due
covered only live marine coral dwelling
process of law, their livelihood, and
aquatic organisms which were enumerated
unduly restricted them from the
in the ordinance and excluded other kinds of
practice of their trade, in violation of
live marine aquatic organisms not dwelling in
Section 2, Article XII and Sections 2
coral reefs; besides the prohibition was for
and 7 of Article XIII of the 1987
only five (5) years to protect and preserve the
Constitution.
pristine coral and allow those damaged to
• office Order No. 23 contained no
regenerate.
regulation nor condition under which
the Mayors permit could be granted there was no violation of due process and
or denied; in other words, the Mayor equal protection clauses of the
had the absolute authority to Constitution.
determine whether or not to issue
permit. As to the former, public hearings were
• Ordinance took away the right of conducted before the enactment of the
petitioners-fishermen to earn their Ordinance which, undoubtedly, had a lawful
livelihood in lawful ways purpose and employed reasonable means;
while as to the latter,
defended the validity of Ordinance No.2,
Series of 1993, as a valid exercise of the a substantial distinction existed between a
Provincial Governments power under the fisherman who catches live fish with the
general welfare clause intention of selling it live, and a fisherman
who catches live fish with no intention at
• (Section 16 of the Local Government all of selling it live, i.e., the former uses
Code of 1991 [hereafter, LGC]), sodium cyanide while the latter does not.
Further, the Ordinance applied equally to all
and its specific power to protect the those belonging to one class.
environment and impose appropriate
penalties for acts which endanger the
environment, such as:
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ISSUE: but to lay stress on the duty of the State to

protect the nations marine wealth.
Whether or not the ordinances and resolution
enacted the local government of Puerto The so-called preferential right of
Princesa and the Provincial Government of subsistence or marginal fishermen to the
Palawan are valid exercise of police power. use of marine resources is not at all
absolute.
HELD:
What must likewise be borne in mind is the
It is of course settled that laws (including
state policy enshrined in the Constitution
ordinances enacted by local government
regarding the duty of the State to protect
units) enjoy the presumption of
and advance the right of the people to a
constitutionality.
balanced and healthful ecology in accord
To overthrow this presumption, there must with the rhythm and harmony of nature.
be a clear and unequivocal breach of the
Indispensable thereto is devolution and the
Constitution, not merely a doubtful or
LGC expressly provides that [a]ny provision
argumentative contradiction. In short, the
on a power of a local government unit
conflict with the Constitution must be shown
shall be liberally interpreted in its favor,
beyond reasonable doubt.
and in case of doubt, any question thereon
There is absolutely no showing that any of shall be resolved in favor of devolution of
the petitioners qualifies as a subsistence or powers and of the lower local government
marginal fisherman. unit.
Since the Constitution does not specifically Any fair and reasonable doubt as to the
provide a definition of the terms subsistence existence of the power shall be interpreted in
or marginal fishermen, favor of the local government unit concerned,
A marginal fisherman is an individual Devolution refers to the act by which the

engaged in fishing whose margin of return or National Government confers power and
reward in his harvest of fish as measured by authority upon the various local government
existing price levels is barely sufficient to units to perform specific functions and
yield a profit or cover the cost of gathering responsibilities.
the fish,
The Court ruled against the petitioners.
a subsistence fisherman is one whose
The Local Government Code provided
catch yields but the irreducible minimum for
under Section 16 that every local
his livelihood.
government unit shall exercise the powers
Section 131(p) of the LGC (R.A. No. 7160) expressly granted or implied therefrom
defines a marginal farmer or fisherman as for its efficient and effective governance,
an individual engaged in subsistence farming and those which are essential to the
or fishing which shall be limited to the sale, promotion of general welfare.
barter or exchange of agricultural or marine
Included in the general welfare is to enhance
products produced by himself and his
the right of the people to a balanced
immediate family.
ecology. This is considered by the Court as
Section 2 of Article XII aims primarily not to an explicit mandate that the local
bestow any right to subsistence fishermen,
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lOMoARcPSD|18318092
government units are allowed to exercise its poisonous substance penalized under PD
powers for the general welfare. No. 704, the Fisheries Decree of 1975.
One of the devolved powers enumerated in A day following the arrest, random samples
the LGC is the enforcement of fishery laws in of fish from the fish cage of F/B Robinson
municipal waters which is necessary. were gathered for laboratory
examination.
In the present case, the Court see it clear that
both Ordinances have two principal The specimens were brought to the NBI sub-
objectives: (1) to establish a “closed office to determine the method of catching
season” for covered aquatic animals for a the same for record or evidentiary purposes.
period of five years, and The NBI Forensic Chemist conducted two
tests on the fish samples and found that
(2) to protect coral in the marine waters from
they contained sodium cyanide.
further destruction.
The trial court convicted the petitioners of
The accomplishment of the first devolved
the offense charged and CA affirmed the
from fishery laws such as P.D. No. 1015,
decision, hence this petition.
while the second falls within the general
ISSUE:
welfare clause of LGC to protect the
environment and impose appropriate Whether the fish specimen, which yielded a
penalties for acts which endanger it. Hence, positive result to the test of the presence of
the local government units complied with the sodium cyanide, are admissible being
law of exercising its police powers under the illegally seized on the occasion of
general welfare clause. warrantless search and arrest.
Whether the statutory presumption of guilt
under Sec. 33 of PD 704 prevails over the
Hizon et al v. CA constitutional presumption of innocence.
FACTS: RULING:
The accused crew members and On the first issue, the court sustained the
fishermen of F/B Robinson owned by First warrantless arrest and therefore the
Fishermen Fishing Industries, Inc., evidence obtained was admissible.
represented by Richard Hizon were
apprehended by SPO3 Romulo Enriquez, Our Constitution proscribes search and
and the members of the Task Force seizure and the arrest of persons without a
BantayDagat for allegedly fishing in the judicial warrant.
shoreline of coastal waters of Puerto As a general rule, any evidence obtained
Princesa, Palawan, without a judicial warrant is inadmissible for
with the use of obnoxious or poisonous any purpose in any proceeding.
substance (sodium cyanide), of more or less The rule is, however, subject to certain
one (1) ton of assorted live fishes. exceptions. Some of these are:
Such acts constitute an offense of Illegal (1) a search incident to a lawful of arrest;
Fishing with the use of obnoxious or
(2) seizure of evidence in plain view;
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(3) search of a moving motor vehicle; and legislature has the power to provide that
proof of certain facts can constitute prima
(4) search in violation of customs laws.
facie evidence of the guilt of the accused and
Search and seizure without search warrant of then shift the burden of proof to the accused
vessels and aircrafts for violations of provided there is a rational connection
customs laws have been the traditional between the facts proved and the ultimate
exception to the constitutional requirement of fact presumed.
a search warrant. It is rooted on the
To avoid any constitutional infirmity, the
recognition that a vessel and an aircraft, like
inference of one from proof of the other must
motor vehicles, can be quickly moved out of
not be arbitrary and unreasonable.
the locality or jurisdiction in which the search
warrant must be sought and secured. In fine, the presumption must be based on
Yielding to this reality, judicial authorities facts and these facts must be part of the
have not required a search warrant of crime when committed.
vessels and aircrafts before their search and
seizure can be constitutionally effected. The third paragraph of section 33 of P.D.
704 creates a presumption of guilt based on
The same exception ought to apply to facts proved and hence is not constitutionally
seizures of fishing vessels and boats impermissible.
breaching our fishery laws. These vessels
It makes the discovery of obnoxious or
are normally powered by high-speed motors
poisonous substances, explosives, or
that enable them to elude arresting ships of
devices for electric fishing, or of fish caught
the Philippine Navy, the Coast Guard and
or killed with the use of obnoxious and
other government authorities enforcing our
poisonous substances, explosives or
fishery laws.
electricity in any fishing boat or in the
We thus hold as valid the warrantless search possession of a fisherman evidence that the
on the F/B Robinson, a fishing boat owner and operator of the fishing boat or the
suspected of having engaged in illegal fisherman had used such substances in
fishing. The fish and other evidence seized in catching fish.
the course of the search were properly
The ultimate fact presumed is that the
admitted by the trial court. Moreover,
owner and operator of the boat or the
petitioners failed to raise the issue during trial
fisherman were engaged in illegal fishing and
and hence, waived
this presumption was made to arise from the
their right to question any irregularity that
discovery of the substances and the
may have attended the said search and
contaminated fish in the possession of the
seizure.
fisherman in the fishing boat. The fact
On the second issue. presumed is a natural inference from the fact
proved.
Petitioners contend that this presumption of
guilt under the Fisheries Decree violates The statutory presumption is
the presumption of innocence guaranteed by merely prima facie.
the Constitution.
It cannot, under the guise of regulating the
The validity of laws establishing presentation of evidence, operate to
presumptions in criminal cases is a settled preclude the accused from presenting his
matter. It is generally conceded that the defense to rebut the main fact presumed. At
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no instance can the accused be denied the DENR inspected the Guadalupe Commercial
right to rebut the presumption. thus: Complex.
The inference of guilt is one of fact and The inspection team found that Dela
rests upon the common experience of Merced & Sons had violated the following:
men. But the experience of men has taught
1) Section 1 of DENR Administrative
them that an apparently guilty possession
Order No. 2004-26 for operating air pollution
may be explained so as to rebut such an
source installations (generator set) without a
inference and an accused person may
permit to operate; and
therefore put witnesses on the stand or go on
the witness stand himself to explain his 2) Section 27(i) of R.A. 9275 for operating a
possession, and any reasonable explanation facility that discharged regulated water
of his possession, inconsistent with his guilty pollutants without a discharge permit.
connection with the commission of the crime,
will rebut the inference as to his guilt which the EMB-NCR conducted another
the prosecution seeks to have drawn from his inspection of the Guadalupe Commercial
guilty possession of the stolen goods. Complex to monitor Dela Merced & Sons'
compliance with R.A. 8749 (The Clean Air
In the case at bar, the petitioner was able Act of 1999) and R.A. 9275, as well as their
to overcome the presumption when they respective Implementing Rules and
requested another sampling of the fishes Regulations (IRRs ).
captured for laboratory examination where
the result yielded negative presence of The inspection team collected
sodium cyanide . effluent8 sample from the facility, and the
results of the laboratory tests showed that
The prosecution was not able to explain the the sample collected failed to conform to
contradictory findings of the laboratory the DENR Effluent Standards.
examinations.
the DENR Secretary, upon the
The petitioners were acquitted of the crime recommendation of the EMB-NCR, issued a
charged. cease and desist order (CDO) to Dela
Merced & Sons for violation of R.A. 9275
and the IRR thereof.10 In the same Order,
Republic v. Dela Merced and the company was informed that no
temporary lifting order (TLO)11 shall be
Sons, Inc.
issued in its favor, unless it would submit
FACTS: the documents required under the law.
The Guadalupe Commercial Complex is a another efficient sampling was

commercial building owned and operated by conducted. Subsequently, the results were
Dela Merced & Sons.3 Situated alongside the submitted to the EMB laboratory for analysis
Pasig River, the complex operates a wet and verification. The findings showed that
market and houses eateries or kitchenettes the effluent conformed to the DENR
in the same building Effluent Standards.17 Thus, the DENR-PAB
issued a Notice of Technical Conference to
The Environmental Management Bureau- Dela Merced & Sons for a discussion of the
National Capital Region (EMB-NCR) of the imposition of fines during the period of
violation of R.A. 9275
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ISSUES: consequently, a CNC was rightly issued in its

favor.
The issues raised by both parties are
summarized as follows: Based on the law, environmentally non-
critical projects such as the Guadalupe
1. Whether Dela Merced & Sons was denied
Commercial Complex are still expected to
due process.
provide additional environmental
2. Whether the issuance of a CNC means safeguards as deemed necessary. Hence,
exemption from compliance with R.A. 9275. Dela Merced & Sons is still bound to abide by
environmental laws such as the Clean Water
3. Whether Sec. 28 of R.A. 9275 on the Act, even if it possesses a CNC
imposition of fines is unconstitutional under
Section 19(1), Article III of the Constitution Sec. 28 of R.A. 9275 cannot be declared
for being excessive. unconstitutional simply because the fine
imposed may cause grave impact on Dela
4. Whether the amount of the fine imposed Merced & Sons' business operations.
was correct, assuming that its imposition was Indeed, the possibility that a law may work
proper hardship does not render it unconstitutional.
RULING:
Dela Merced & Sons was Not Denied Due
Process
As for the inspection, the EMB-NCR was
only performing its mandated duty under
R.A. 927537 and the IRR38 thereof when it
inspected the premises of the Guadalupe
Commercial Complex.39Clearly, the EMB
had legal authority when it conducted the
inspection.
Dela Merced & Sons was not denied due
process. In a real sense, it was able to take
advantage of the available opportunities
to explain its side and to question the acts
and orders of the DENR-PAB. In
administrative proceedings, a fair and
reasonable opportunity to explain one's side
suffices to meet the requirements of due
process.
This Court notes that the Guadalupe
Commercial Complex is not included in the
list of environmentally critical projects or
areas under Proclamation No. 2146. As an
environmentally non-critical project, it is not
covered by the EIS System and,
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lOMoARcPSD|18318092
RA 8749 – Philippine Clean Air alternative fuel in the absence of specific

law on the matter. The legislature should
Act provide first the specific statutory remedy to
the complex environmental problems before
any judicial recourse by mandamus is
What is Philippine Clean Air Act? taken.
Philippine Clean Air Act of 1999 outlines Regulation of Vehicles and Engines
the government's measures to reduce air
pollution and incorporate environmental
▪ Any imported new or locally-
protection into its development plans.
assembled motor vehicle shall not be
registered unless it complies with the
Definition of terms
emission standards set, as evidenced by
Certificate of Conformity (COC).
Air pollutant – any matter found in the
atmosphere other than the inert gases in ▪ No motor vehicle registration (MVR)
their natural or normal concentrations that is shall be issued unless such motor
detrimental to health or environment vehicle passes the emission testing
requirement.
Air pollution – any alteration of the physical,
chemical and biological properties of the Prohibition on smoking
atmospheric air, or any discharge that will
likely to create or render the air resources
▪ Section 10 of Clean Air Act: Smoking
harmful, detrimental or injurious to public
inside a public building or an enclosed
health.
public place, including public vehicles
and other means of transport, or in any
Ambient air – the general amount of
other enclosed area outside one’s
pollution present in a broad area; and refers
private residence, private place of work
to the atmosphere’s average purity as
or any duly designated smoking area is
distinguished from discharge measurements
prohibited. (To be
taken at the source of pollution.
implemented by LGUs)
Incineration – process of burning of
Prohibition on Ozone Depleting
municipal bio-medical and hazardous
Substances (Montreal Protocol)
wastes, which emits poisonous and toxic
fumes. However, prohibition on incineration
▪ Section 30 of Clean Air Act: The
does not apply to sanitation “siga”,
Department shall phase-out ozone-
traditional, agricultural, health and food
depleting substances.
preparation and crematoria. (Atty. USec:
Jurisprudence held that incineration is
not at all prohibited, provided that it meets Abatement of Private Nuisance
the standard)
▪ Section 694 of NCC provides that
Will mandamus prosper to compel PUVs nuisance is any act, omission,
to used natural gas as alternative fuel? establishment, condition of property or
anything else which: (1) injures or
endangers the health or safety of others;
NO. Mandamus will not prosper to
compel PUVs to use natural gas as or (2) annoys or offends the senses; or
MNI NOTES|95

lOMoARcPSD|18318092
(3) shocks, defies or disregards decency prosecutor or the court, as the case may
or morality; or (4) obstructs or interferes be, to immediately determine within 30
with the free passage of any public days, whether the said legal action has
highway or street or any body of water; been filed to harass, vex, exert undue
or (5) hinders or impairs the use of pressure or stifle such legal recourses of
property. the person complaining.
▪ AC Enterprises, Inc. v. Frabelle Gross violation

Properties Corporation: PAB has no
jurisdiction on the resolution of the issue ▪ Gross violation against clean air act
before RTC, WoN the noise complained shall mean:
about is an actionable nuisance, since it
does not require any technical expertise a. three (3) or more specific
and experience of offenses within a period of (1) year
PAB or LGU requiring determination of
intricate matters of facts. b. three (3) or more specific
offenses within three (3) consecutive
Citizen Suit years;
▪ Any citizen may file an appropriate c. blatant disregard of the

civil, criminal or administrative action in orders of the PAB, such as but not
the proper court against: limited to the breaking of seal,
padlocks and other similar devices,
1. Any person who violates or or operating despite the existence of
fails to comply with the provision of an order for closure, discontinuance
the Clean Air Act or cessation of
operation; and
2. The Department or other
implementing agencies with respect d. irreparable or grave damage
to orders, rules and regulations to the environment as a
issued inconsistent with Clean Air consequence of any violation or
Act. omission of the provisions of this Act.
3. Any public officer who willfully According to USec Leones:

or grossly neglects the performance
of an act. Application of Exhaustion of Administrative
Remedies
Suits and Strategic Legal Actions against
Public Participation ▪ PD 1586: EAR shall apply
(SLAPP) ▪ Clean Water Act/Clean Air Act: EAR
does not apply, since jurisdiction on the
▪ Where a suit is brought against a matter is vested on a quasi-judicial body.
person who filed an action as provided in
Section 41 (Citizen suit) against any
person, institution or government agency ---------------------------
that implements a law complained about,
it shall be the duty of the investigating
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lOMoARcPSD|18318092
AN ACT PROVIDING FOR A Finally, the State recognizes that a clean and
COMPREHENSIVE AIR POLLUTION healthy environment is for the good of all and
CONTROL POLICY AND FOR OTHER
PURPOSES should therefore be the concern of all.
Chapter 1 Section 3. Declaration of Policies. -
General Provisions The State shall pursue a policy of balancing

development and environmental protection.
Article 1
To achieve this end, the framework for
Basic Air Quality Policies sustainable development shall be pursued. It
shall be the policy of the State to:
Section 1. Short Title -
a) Formulate a holistic national
This Act shall be known as the "Philippine program of air pollution management
Clean Air Act of 1999." that shall be implemented by the
government through proper
Section 2. Declaration of Principles. -
delegation and effective coordination
The State shall protect and advance the right of functions and activities;
of the people to a balanced and healthful
b) Encourage cooperation and
ecology in accord with the rhythm and
self-regulation among citizens and
harmony of nature.
industries though the application of
The State shall promote and protect the market-based instruments;
global environment to attain sustainable
c) Focus primarily on pollution
development while recognizing the primary
prevention rather than on control and
responsibility of local government units to
provide for a comprehensive
deal with environmental problems.
management program for air
The State recognizes that the responsibility pollution;
of cleaning the habitat and environment is
d) Promote public information
primarily area-based.
and education to encourage the
The State also recognizes the principle that participation of an informed and
"polluters must pay". active public in air quality planning
and monitoring; and
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lOMoARcPSD|18318092
e) Formulate and enforce a e) The right to be informed of the

system of accountability for short and nature and extent of the potential
long-term adverse environmental hazard of any activity, undertaking or
impact of a project, program or project and to be served timely notice
activity. This shall include the setting of any significant rise in the level of
up of a funding or guarantee pollution and the accidental or
mechanism for clean-up and deliberate release into the
environmental rehabilitation and atmosphere of harmful or hazardous
compensation for personal damages. substances;
Section 4. Recognition of Rights. - f) The right of access to public

records which a citizen may need to
Pursuant to the above-declared principles,
exercise his or her rights effectively
the following rights of citizens are hereby
under this Act;
sought to be recognized and the State shall
seek to guarantee their enjoyment: g) The right to bring action in
court or quasi- judicial bodies to
a) The right to breathe clean air;
enjoin all activities in violation of
b) The right to utilize and enjoy environmental laws and regulations,
all natural resources according to the to compel the rehabilitation and
principle of sustainable development; cleanup of affected area, and to seek

the imposition of penal sanctions
c) The right to participate in the against violators of environmental
formulation, planning, laws; and
implementation and monitoring of
environmental policies and programs h) The right to bring action in
and in the decision making process; court for compensation of personal

damages resulting from the adverse
d) The right to participate in the environmental and public health
decision-making process concerning impact of a project or activity.
development policies, plans and
programs projects or activities that
may have adverse impact on the
environment and public health;
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Article 2 c) "Ambient air quality

guideline values" mean the
Definition Of Terms concentration of air over specified
periods classified as short-term and
Section 5. Definitions -
long-term which are intended to serve
As used in this Act: as goals or objectives for the
protection of health and/or public
a) "Air pollutant" means any
welfare. These values shall be used
matter found in the atmosphere other
for air quality management purposes
than oxygen, nitrogen, water vapor,
such as determining time trends,
carbon dioxide, and the inert gases in
evaluating stages of deterioration or
their natural or normal
enhancement of the air quality, and in
concentrations, that is detrimental to
general, used as basis for taking
health or the environment, which
positive action in preventing,
includes but not limited to smoke,
controlling, or abating air pollution;
dust, soot, cinders, fly ash, solid
particles of any kind, gases, fumes, d) "Ambient air quality" means
chemical mists, steam and radio- the general amount of pollution
active substances; present in a broad area; and refers to
the atmosphere's average purity as
b) "Air pollution" means any
distinguished from discharge
alteration of the physical, chemical
measurements taken at the source of
and biological properties of the
pollution;
atmospheric air, or any discharge
thereto of any liquid, gaseous or solid e) "Certificate of Conformity"
substances that will or is likely to means a certificate issued by the
create or to render the air resources Department of Environment and
of the country harmful, detrimental, or Natural Resources to a vehicle
injurious to public health, safety or manufacturer/assembler or importer
welfare or which will adversely affect certifying that a particular new vehicle
their utilization for domestic, or vehicle type meets the
commercial, industrial, agricultural, requirements provided under this Act
recreational, or other legitimate and its rules and regulations;
purposes;
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f) "Department" means the j) "Hazardous substances"

Department of Environment and mean those substances which
Natural Resources; present either: (1) short-term acute
hazards such as acute toxicity by
g) "Eco-profile" means the
ingestion, inhalation, or skin
geographical-based instrument for
absorption, corrosivity or other skin or
planners and decision-makers which
eye contact hazard or the risk of fire
present an evaluation of the
explosion; or (2) long-term toxicity
environmental quality and carrying
upon repeated exposure,
capacity of an area. It is the result of
carcinogenicity (which in some cases
the integration of primary and
result in acute exposure but with a
secondary data and information on
long latent period), resistance to
natural resources and anthropogenic
detoxification process such as
activities on the land which are
biodegradation, the potential to
evaluated by various environmental
pollute underground or surface
risk assessment and forecasting
waters;
methodologies that enable the
Department to anticipate the type of k) "Infectious waste" means
development control necessary in the that portion of medical waste that
planning area; could transmit an infectious disease;
h) "Emission" means any air l) "Medical waste" means the

contaminant, pollutant, gas stream or materials generated as a result of
unwanted sound from a known patient diagnosis, treatment, or
source which is passed into the immunization of human beings or
atmosphere; animals;
i) "Greenhouse gases" mean those m) "Mobile source" means any

gases that can potentially or can vehicle propelled by or through
reasonably be expected to induce combustion of carbon-based or other
global warming, which include carbon fuel, constructed and operated
dioxide, methane, oxides of nitrogen, principally for the conveyance of
chorofluoro carbons, and the like; persons or the transportation of
property or goods;
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n) "Motor vehicle" mean any whether imported, manufactured, or

vehicle propelled by a gasoline or assembled by a manufacturer, shall
diesel engine or by any other than refer to the minimum octane rating of
human or animal power, constructed such automotive gasoline which such
and operated principally for the manufacturer recommends for the
conveyance of persons or the efficient operation of such motor
transportation of property or goods in vehicle, or a substantial portion of
a public highway or street open to such class, without knocking;
public use;
r) "Ozone Depleting
o) "Municipal waste" means Substances (ODS)" mean those
the waste materials generated from substances that significantly deplete
communities within a specific locality; or otherwise modify the ozone layer
in a manner that is likely to result in
p) "New vehicle" means a
adverse effects on human health and
vehicle constructed entirely from new
the environment such as, but not
parts that has never been sold or
limited to, chlorofluorocarbons,
registered with the DOTC or with the
halons, and the like;
appropriate agency or authority, and
operated on the highways of the s) "Persistent Organic Pollutants
Philippines, any foreign state or (POPs)" mean the organic
country; compounds that persist in the
environment, bioaccumulate through
q) "Octane Rating or the Anti-
the food web, and pose a risk of
Knock Index (AKI)" means the
causing adverse effects to human
rating of the antiknock characteristics
health and the environment. These
of a grade or type of automotive
compounds resist photolytic,
gasoline as determined by dividing by
chemical and biological degradation,
two (2) the sum of the Research
which shall include but not be limited
Octane Number (RON), plus the
to dioxin, furan, Polychlorinated
Motor Octane Number (MON); the
Biphenyls (PCBs), organochlorine
octane requirement, with respect to
pesticides, such as aldrin, dieldrin,
automotive gasoline for use in a
DDT, hexachlorobenzene, lindane,
motor vehicle or a class thereof,
toxaphere and chlordane;
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t) "Poisonous and toxic impact and energy requirement

fumes" mean any emissions and which the Department determines,
fumes which are beyond and adequately demonstrates; and
internationally-accepted standards,
x) "Stationary source" means
including but not limited to World
any building or immobile structure,
Health Organization (WHO) guideline
facility or installation which emits or
values;
may emit any air pollutant.
u) "Pollution control device"
Chapter 2
means any device or apparatus used
to prevent, control or abate the Air Quality Management System
pollution of air caused by emissions
from identified pollution sources at Article 1
levels within the air pollution control
General Provisions
standard established by the
Department; Section 6. Air Quality Monitoring
and Information Network. -
v) "Pollution control
technology" means the pollution The Department shall prepare an
control devices, production annual National Air Quality Status
processes, fuel combustion Report which shall be used as the
processes or other means that basis in formulating the Integrated Air
effectively prevent or reduce Quality Improvement Framework, as
emissions or effluent; provided for in Section 7. The said
report shall include, but shall not be
w) "Standard of performance"
limited to the following:
means a standard for emissions of air
pollutant which reflects the degree of a) Extent of pollution in the country, per
emission limitation achievable type of pollutant and per type of source,
through the application of the best based on reports of the Department's
system of emission reduction, taking monitoring stations;
into account the cost of achieving
such reduction and any non-air b) Analysis and evaluation of the current
quality health and environmental state, trends and projections of air
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lOMoARcPSD|18318092
pollution at the various levels provided management and control program. The
herein; framework shall, among others, prescribe the
emission reduction goals using permissible
c) Identification of critical areas,
standards, control strategies and control
activities, or projects which will need
measures to be undertaken within a specified
closer monitoring or regulation;
time period, including cost-effective use of
d) Recommendations for necessary economic incentives, management
executive and legislative action; and strategies, collective action, and

environmental education and information.
e) Other pertinent qualitative and
quantitative information concerning the The Integrated Air Quality Improvement
extent of air pollution and the air quality Framework shall be adopted as the official
performance rating of industries in the blueprint with which all government agencies
country. must comply with to attain and maintain

ambient air quality standards.
The Department, in cooperation with
the National Statistical Coordination Section 8. Air Quality Control Action
Board (NSCB), shall design and Plan. -
develop an information network for

Within six (6) months after the formulation of
data storage, retrieval and exchange.
the framework, the Department shall, with
The Department shall serve as the public participation, formulate and implement
central depository of all data and an air quality control action plan consistent
information related to air quality. with Section 7 of this Act. The action plan
shall:
Section 7. Integrated Air Quality
Improvement Framework. - a) Include enforceable emission
limitations and other control
The Department shall, within six (6) months measures, means or techniques, as
after the effectivity of this Act, establish, with well as schedules and time tables for
the participation of LGUs, NGOs, POs, the compliance, as may be necessary or
academe and other concerned entities from appropriate to meet the applicable
the private sector, formulate and implement requirements of this Act;
the Integrated Air Quality Improvement
Framework for a comprehensive air pollution
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b) Provide for the establishment e) Include control strategies and

and operation of appropriate devices, control measures to be undertaken
methods, systems and procedures within a specified time period,
necessary to monitor, compile and including cost-effective use of
analyze data on ambient air quality; economic incentives, management
strategies, collection action, and
c) Include a program to provide
environmental education and
for the following:
information;
(1) enforcement of the

f) Designate airsheds; and
measures described in the
subparagraph (a); (2) g) All other measures necessary
regulation of the modification for the effective control and
and construction of any abatement of air pollution.
stationary source within the
The adoption of the plan shall clarify the legal
areas covered by the plan, in
effects on the financial, manpower and
accordance with land use
budgetary resources of the affected
policy to ensure that ambient
government agencies, and on the alignment
air quality standards are
of their programs with the plans.
achieved;
In addition to direct regulations, the plan shall

d) Contain adequate provisions,
be characterized by a participatory approach
consistent with the provisions of this
to the pollution problem. The involvement of
Act, prohibiting any source or other
private entities in the monitoring and testing
types of emissions activity within the
of emissions from mobile and/or stationary
country from emitting any air pollutant
sources shall be considered.
in amounts which will significantly
contribute to the nonattainment or will Likewise, the LGUs, with the assistance from
interfere with the maintenance by the the Department, shall prepare and develop
Department of any such ambient air an action plan consistent with the Integrated
quality standard required to be Air Quality Improvement Framework to attain
included in the implementation plan and maintain the ambient air quality
to prevent significant deterioration of standards within their respective airsheds as
air quality or to protect visibility; provided in Section 9 hereof.
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The local government units shall develop and be established and a common action plan
submit to the Department a procedure for shall be formulated for each airshed.
carrying out the action plan for their
To effectively carry out the formulated action
jurisdiction. The Department, however, shall
plans, a Governing Board is hereby created,
maintain its authority to independently
hereinafter referred to as the Board.
inspect the enforcement procedure adopted.
The Department shall have the power to The Board shall be headed by the Secretary
closely supervise all or parts of the air quality of the Department of Environment and
action plan until such time the local Natural Resources as chairman. The
government unit concerned can assume the members shall be as follows:
function to enforce the standards set by the
Department. a) Provincial Governors from
areas belonging to the airshed;
A multi-sectoral monitoring team with broad
public representation shall be convened by b) City/Municipal Mayors from
the Department for each LGU to conduct areas belonging to the airshed;
periodic inspections of air pollution sources
c) A representative from each
to assess compliance with the emission
concerned government agency;
limitations contained in their permits.
d) Representatives from
Section 9. Airsheds. -
people's organizations;
Pursuant to Section 8 of this Act, the
e) Representatives from
designation of airsheds shall be on the basis
nongovernment organizations; and
of, but not limited to, areas with similar
climate, meteorology and topology which f) Representatives from the
affect the interchange and diffusion of private sector. The Board shall
pollutants in the atmosphere, or areas which perform the following functions:
share common interest or face similar
development programs, prospects or a) Formulation of policies;
problems.
b) Preparation of a common
For a more effective air quality management, action plan;
a system of planning and coordination shall
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lOMoARcPSD|18318092
c) Coordination of functions For those designated as nonattainment

among its members; and areas, the Department after consultation with
local government authorities,
d) Submission and publication of
nongovernment organizations (NGOs),
an annual Air Quality Status
people's organizations (POs) and concerned
Report for each airshed.
sectors may revise the designation of such
Upon consultation with appropriate local areas and expand its coverage to cover
government authorities, the Department larger areas depending on the condition of
shall, from time to time, revise the the areas.
designation of airsheds utilizing eco-profiling

Section 11. Air Quality Control
techniques and undertaking scientific
Techniques -
studies.
Simultaneous with the issuance of the
Emissions trading may be allowed among
guideline values and standards, the
pollution sources within an airshed.
Department, through the research and
Section 10. Management of development program contained in this Act
Nonattainment Areas. - and upon consultation with the appropriate

advisory committees, government agencies
The Department shall designate areas where and LGUs, shall issue, and from time to time,
specific pollutants have already exceeded revise information on air pollution control
ambient standards as nonattainment areas. techniques. Such information shall include:
The Department shall prepare and
implement a program that will prohibit new a) Best available technology and
sources of exceeded air pollutant without a alternative methods of prevention,
corresponding reduction in existing sources. management and control of air

pollution
In coordination with other appropriate
government agencies, the LGUs shall b) Best available technology
prepare and implement a program and other economically achievable which shall
measures including relocation, whenever refer to the technological
necessary, to protect the health and welfare basis/standards for emission limits
of residents in the area. applicable to existing, direct industrial

emitters of non-conventional and
toxic pollutants; and
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c) Alternative fuels, processes The Department, in coordination with other

and operating methods which will concerned agencies, shall review and/or
result in the elimination or significant revise and publish annually a list of
reduction of emissions. hazardous air pollutants with corresponding
ambient guideline values and/or standard

Such information may also include data
necessary to protect public health and safety,
relating to the cost of installation and
and general welfare.
operation, energy requirements, emission
reduction benefits, and environmental impact The initial list and values of the hazardous air
or the emission control technology. pollutants shall be as follows:
The issuance of air quality guideline values, a) For National Ambient Air Quality
standards and information on air quality Guideline for Criteria Pollutants:
control techniques shall be made available to
the general public: Provided, That the
a
Maximum limits represented by
issuance of information on air quality control ninety-eight percentile (98%) values not to
techniques shall not be construed as be exceeded more than once a year.
requiring the purchase of certain pollution b

Arithmetic mean.
control devices by the public.
c
SO2 and Suspended Particulate
Section 12. Ambient Air Quality
Matter are sampled once every six days
Guideline Values and Standards. -
when using the manual methods. A
minimum of twelve sampling days per
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quarter or forty-eight sampling days each b) For National Ambient Air Quality
year is required for these methods. Daily Standards for Source Specific Air
sampling may be done in the future once Pollutants from Industrial
continuous analyzers are procured and Sources/Operations:
become available. d
Limits for Total
Suspended Particulate Matter with mass
median diameter less than 25-50 µm. e
Annual Geometric Mean.
f
Provisional limits for Suspended
Particulate Matter with mass median
diameter less than 10 microns and below
until sufficient monitoring data are
gathered to base a proper guideline.
g
Evaluation of this guideline is carried
out for 24-hour averaging time and
averaged over three moving calendar
months. The monitored average value for
any three months shall not exceed the
guideline value.
1. Pertinent ambient standards for

Antimony, Arsenic, Cadmium, Asbestos,
Nitric Acid and Sulfuric Acid Mists in the 1978
NPCC Rules and Regulations may be
considered as guides in determining
compliance.
2. Ninety-eight percentile (98%) values
of 30-minute sampling measured at 25°C
and one atmosphere pressure.
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3. Other equivalent methods approved (DOTC), in case of motor vehicle

by the Department may be used. dischargers, shall, based on environmental
techniques, design, impose on and collect
The basis in setting up the ambient air quality
regular emission fees from said dischargers
guideline values and standards shall reflect,
as part of the emission permitting system or
among others, the latest scientific knowledge
vehicle registration renewal system, as the
including information on:
case may be.
a) Variable factors, including

The system shall encourage the industries,
atmospheric conditions, which of
and motor vehicles to abate, reduce, or
themselves or in combination with other
prevent pollution. The basis of the fees
factors may alter the effects on public
includes, but is not limited to, the volume and
health or welfare of such air pollutant;
toxicity of any emitted pollutant.
b) The other types of air pollutants

Industries, which shall install pollution control
which may interact with such pollutant to
devices or retrofit their existing facilities with
produce an adverse effect on public
mechanisms that reduce pollution shall be
health or welfare; and
entitled to tax incentives such as but not
c) The kind and extent of all identifiable limited to tax credits and/or accelerated
effects on public health or welfare which depreciation deductions.
may be expected from the presence of

Section 14. Air Quality Management
such pollutant in the ambient air, in
Fund. -
varying quantities.
An Air Quality Management Fund to be
The Department shall base such ambient air
administered by the Department as a special
quality standards on World Health
account in the National Treasury is hereby
Organization (WHO) standards, but shall not
established to finance containment, removal,
be limited to nor be less stringent than such
and clean-up operations of the Government
standards.
in air pollution cases, guarantee restoration
Section 13. Emission Charge System. of ecosystems and rehabilitate areas

affected by the acts of violators of this Act, to
The Department, in case of industrial support research, enforcement and
dischargers, and the Department of monitoring activities and capabilities of the
Transportation and Communications relevant agencies, as well as to provide
MNI NOTES|109

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technical assistance to the relevant accepted standards. It shall also consider

agencies. Such fund may likewise be the socio-cultural, political and economic
allocated per airshed for the undertakings implications of air quality management and
herein stated. pollution control.
The Fund shall be sourced from the fines Article 2

imposed and damages awarded to the
Air Pollution Clearances And Permits For
Republic of the Philippines by the Pollution
Stationary Sources
Adjudication Board (PAB), proceeds of
licenses and permits issued by the Section 16. Permits. -
Department under this Act, emission fees
and from donations, endowments and grants Consistent with the provisions of this Act, the
in the forms of contributions. Contributions Department shall have the authority to issue
to the Fund shall be exempted from donor permits as it may determine necessary for
taxes and all other taxes, charges or fees the prevention and abatement of air pollution.
imposed by the Government.
Said permits shall cover emission limitations
Section 15. Air Pollution Research and for the regulated air pollutants to help attain
Development Program. - and maintain the ambient air quality
standards. These permits shall serve as
The Department, in coordination with the management tools for the LGUs in the
Department of Science and Technology development of their action plan.
(DOST), other agencies, the private sector,
the academe, NGOs and POs, shall Section 17. Emission Quotas. -
establish a National Research and
The Department may allow each regional
Development Program for the prevention
industrial center that is designated as special
and control of air pollution. The Department
airshed to allocate emission quotas to
shall give special emphasis to research on
pollution sources within its jurisdiction that
and the development of improved methods
qualify under an environmental impact
having industry-wide application for the
assessment system programmatic
prevention and control of air pollution.
compliance program pursuant to the
Such a research and development program implementing rules and regulations of
shall develop air quality guideline values and Presidential Decree No. 1586.
standards in addition to internationally-
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Section 18. Financial Liability for Article 3

Environmental Rehabilitation. -
Pollution From Stationary Sources
As part of the environmental management
Section 19. Pollution From Stationary
plan attached to the environmental
Sources. -
compliance certificate pursuant to
Presidential Decree No. 1586 and rules and The Department shall, within two (2) years
regulations set therefor, the Department shall from the effectivity of this Act, and every two
require program and project proponents to (2) years thereafter, review, or as the need
put up financial guarantee mechanisms to therefor arises, revise and publish emission
finance the needs for emergency response, standards, to further improve the emission
clean-up or rehabilitation of areas that may standards for stationary sources of air
be damaged during the program or project's pollution. Such emission standards shall be
actual implementation. Liability for damages based on mass rate of emission for all
shall continue even after the termination of a stationary sources of air pollution based on
program or project, where such damages are internationally-accepted standards, but not
clearly attributable to that program or project be limited to, nor be less stringent than such
and for a definite period to be determined by standards and with the standards set forth in
the Department and incorporated into the this section.
environmental compliance certificate.
The standards, whichever is applicable, shall
Financial liability instruments may be in the be the limit on the acceptable level of
form of a trust fund, environmental pollutants emitted from a stationary source
insurance, surety bonds, letters of credit, as for the protection of the public's health and
well as self-insurance. The choice of the welfare.
guarantee instrument or combinations
thereof shall depend, among others, on the With respect to any trade, industry, process
assessment of the risks involved. and fuel-burning equipment or industrial
Proponents required to put up guarantee plant emitting air pollutants, the
instruments shall furnish the Department with concentration at the point of emission shall
evidence of availment of such instruments. not exceed the following limits:
MNI NOTES|111

lOMoARcPSD|18318092
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lOMoARcPSD|18318092
a
Other equivalent methods approved 1. Fuel Burning Equipment
by the Department may be used.
a) Urban or Industrial Area 150
b
Atomic Absorption
mg/NCM
Spectrophotometry
c
All new geothermal power plants b) Other Area 200
mg/NCM
2. Cement Plants (Kilns, etc.) 150

mg/NCM
3. Smelting Furnaces 150

mg/NCM
4. Other Stationary Sources a 200

mg/NCM
Compliance with air and water quality

standards is required.
f
Emission limit of Nickel Carbonyl
shall not exceed 0.5 mg/NCM. g Provisional
starting construction by 01 January 1995 Guideline
shall control H2S emissions to not more than
Provided, That the maximum limits in mg/NCM
150 g/GMW-Hr.
particulates in said sources shall be:
d
All existing geothermal power plants
shall control H2S emissions to not more than a
Other Stationary Sources means
200 g/GMW-Hr within 5 years from the date a trade, process, industrial plant, or
of effectivity of these revised regulations. fuel burning equipment other than
thermal power plants, industrial
e
Best practicable control technology
boilers, cement plants, incinerators
for air emissions and liquid discharges.
and smelting furnaces
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Provided, further, That the maximum limits caused by the manufacture of sulfuric acid
for sulfur oxides in said sources shall be: and sulfonation process, fuel burning
equipment and incineration.
For stationary sources of pollution not

(1) Existing Sources
specifically included in the immediately
preceding paragraph, the following emission
(i) Manufacture of Sulfuric Acid and2.0
standards shall not be exceeded in the
Sulf(on)ation Process gm/NCM
exhaust gas:
as SO3
I. Daily And Half Hourly Average
(ii) Fuel Burning Equipment 1.5 Values
gm/NCM
Daily Average Half Hourly
as SO2
Values Average Values
(iii) Other Stationary Sources a 1.0
gm/NCM Total dust 10
(2) New Sources
as SO3 mg/m3 30
Gaseous and
mg/m3
(i) Manufacture of Sulfuric Acid and1.5 vaporous organic
Sulf(on)ation Process gm/NCM substances,
as SO3
expressed as total 10
(ii) Fuel Burning Equipment 0.7 organic carbon mg/m3 20
gm/NCM mg/m3
as SO2
Hydrogen chloride10 60
(iii) Other Stationary Sources a 0.2 (HCl) mg/m3 mg/m3
gm/NCM
as SO3 Hydrogen fluoride 1 4
(HF) mg/m3 mg/m3
a
Other Stationary Sources refer to existing
and new stationary sources other than those
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Cadmium and its compounds, expressed as

Sulphur dioxide50 200
cadmium (Cd)
(SO2) mg/m3 mg/m3
Thallium and itsTotal

Nitrogen monoxide200 400
compounds, expressed as0.05
3 3
(NO) and nitrogenmg/m mg/m thallium (Tl) mg/m3
dioxide (NO2),
expressed as
Mercury and its compounds,0.05
nitrogen dioxide
expressed as mercury (Hg) mg/m3
for incineration
plants with a Antimony and its
capacity exceeding compounds, expressed as
3 tonnes per hour antimony (Sb)
Arsenic and its compounds,

Nitrogen monoxide300
expressed as arsenic (As)
(NO) and nitrogenmg/m3
dioxide (NO2), Lead and its compounds,
expressed as expressed as lead (Pb)
nitrogen dioxide
for incineration Chromium and its
plants with a compounds, expressed as
capacity of 3 chromium (Cr)
tonnes per hour or

less Cobalt and its compounds,Total
expressed as cobalt (Co) 0.5
10 20 mg/m3
Ammonia mg/m3 mg/m3

Copper and its compounds, expressed as
II. All Average Values over the copper (Cu)
Sample Period of a Minimum of 4
Manganese and its compounds, expressed
and Maximum of
as manganese (Mn)
8 Hours
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Nickel and its compounds, expressed as environmental management system and the
nickel (Ni) installation of an appropriate air pollution
control device: Provided, That an extension
Vanadium and its compounds, expressed as
of not more than twelve (12) months may be
vanadium (V)
allowed by the Department on meritorious
Tin and its compounds, expressed as tin (Sn) grounds.
These average values cover also gaseous

and the vapor forms of the relevant heavy
Section 20. Ban on Incineration. -
metal emissions as well as their compounds:
Provided, That the emission of dioxins and Incineration, hereby defined as the burning of
furans into the air shall be reduced by the municipal, bio-medical and hazardous
most progressive techniques: Provided, wastes, which process emits poisonous and
further, That all average values of dioxin and toxic fumes, is hereby prohibited: Provided,
furans measured over the sample period of a however, That the prohibition shall not apply
minimum of 6 hours and a maximum of 8 to traditional small-scale method of
hours must not exceed the limit value of 0.1 community/neighborhood sanitation "siga",
3
nanogram/m . traditional, agricultural, cultural, health, and
food preparation and crematoria: Provided,
Pursuant to Section 8 of this Act, the
further, That existing incinerators dealing
Department shall prepare a detailed action
with bio-medical wastes shall be phased out
plan setting the emission standards or
within three (3) years after the effectivity of
standards of performance for any stationary
this Act: Provided, finally, That in the interim,
source, the procedure for testing emissions
such units shall be limited to the burning of
for each type of pollutant, and the procedure
pathological and infectious wastes, and
for enforcement of said standards.
subject to close monitoring by the
Existing industries, which are proven to Department.
exceed emission rates established by the

Local government units are hereby
Department, in consultation with
mandated to promote, encourage and
stakeholders, after a thorough, credible and
implement in their respective jurisdiction a
transparent measurement process shall be
comprehensive ecological waste
allowed a grace period of eighteen (18)
management that includes waste
months for the establishment of an
segregation, recycling and composting.
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With due concern on the effects of climate Emission Limits for Light Duty
change, the Department shall promote the Vehicles Type Approval
use of state-of-the-art, environmentally-
(Directive 91/441/EEC)
sound and safe non-burn technologies for
the handling, treatment, thermal destruction, CO HC + NOx PMa (g/km)
utilization, and disposal of sorted, (g/km) (g/km)
unrecycled, uncomposted municipal, bio-
medical and hazardous wastes. 2.72 0.97 0.14
Article 4
a
for compression-ignition engines
only
Pollution From Motor Vehicles
b) For light commercial vehicles,
Section 21. Pollution from Motor the exhaust emission limit of gaseous
Vehicles. - pollutants as a function of the given
reference mass shall be:
a) The DOTC shall implement the emission
standards for motor vehicles set pursuant to Emission Limits for Light
and as provided in this Act. To further Commercial Vehicles Type
improve the emission standards, the Approval
Department shall review, revise and publish
the standards every two (2) years, or as the (Directive 93/59/EEC)
need arises. It shall consider the maximum
Reference Weight CO HC +
limits for all major pollutants to ensure
NOX PMa (RW) (g/km) (g/km)
substantial improvement in air quality for the
(g/km) (kg)
health, safety and welfare of the general
public. Category 1 1250 < RW 2.72
0.97 0.14 Category 2
The following emission standards for type
1250 < RW <1700 5.17
approval of motor vehicles shall be effective
1.4 0.19
by the year 2003:
Category 3 RW > 1700 6.9
a) For light duty vehicles, the
1.7 0.25
exhaust emission limits for gaseous
pollutants shall be:
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lOMoARcPSD|18318092
a
for compression-ignition engines standards for motor vehicles set by
only the Department.
c) For heavy duty vehicles, the The DOTC may deputize other law
exhaust emission limits of gaseous enforcement agencies and LGUs for
pollutants shall be: this purpose. To this end, the DOTC
shall have the power to:
Emission Limits for Heavy Duty
Vehicles Type Approval (1) Inspect and monitor the
emissions of motor vehicles;
(Directive 91/542/EEC)
(2) Prohibit or enjoin the use of
CO HC NOx PM (g/kWh)
motor vehicles or a class of motor
(g/kWh) (g/kWh)
vehicles in any area or street at
(g/kWh)
specified times; and
4.5 1.1 8.0 0.36a a

In the case of
(3) Authorize private emission
engines of 85kW or less, the limit
testing centers duly accredited by
value for particular emissions is
the DTI.
increased by multiplying the quoted
limit by a coefficient of 1.7 c) The DOTC, together with the
DTI and the Department, shall
Fuel evaporative emission for spark-ignition
establish the procedures for the
engines shall not exceed 2.0 grams
inspection of motor vehicles and the
hydrocarbons per test. Likewise, it shall not
testing of their emissions for the
allow any emission of gases from crankcase
purpose of determining the
ventilation system into the atmosphere.
concentration and/or rate of emission
b) The Department, in of pollutants discharged by said
collaboration with the DOTC, DTI and sources.
LGUs, shall develop an action plan

d) In order to ensure the
for the control and management of air
substantial reduction of emissions
pollution from motor vehicles
from motor vehicles, the Department
consistent with the Integrated Air
of Trade and Industry (DTI), together
Quality Framework. The DOTC shall
with the DOTC and the Department,
enforce compliance with the emission
MNI NOTES|118

lOMoARcPSD|18318092
shall formulate and implement Certificate of Conformity (COC) issued by the

national motor vehicle inspection and Department.
maintenance program that will
Any imported new motor vehicle engine shall
promote efficient and safe operation
not be introduced into commerce, sold or
of all motor vehicles.
used unless it complies with emission
In this regard, the DTI shall develop standards set pursuant to this Act.
and implement standards and
Any imported used motor vehicle or rebuilt
procedures for the certification of
motor vehicle using new or used engines,
training institutions, instructors and
major parts or components shall not be
facilities and the licensing of qualified
registered unless it complies with the
private service centers and their
emission standards set pursuant to this Act.
technicians as prerequisite for
performing the testing, servicing, In case of non-compliance, the importer or
repair and the required adjustment to consignee may be allowed to modify or
the vehicle emission system. rebuild the vehicle or engine so that it will be
in compliance with applicable emission
The DTI shall likewise prescribe
standards.
regulations requiring the disclosure of
odometer readings and the use of No motor vehicle registration (MVR) shall be
tamper resistant odometers for all issued unless such motor vehicle passes the
motor vehicles including tamper- emission testing requirement promulgated in
resistant fuel management systems accordance with this Act. Such testing shall
for the effective implementation of the be conducted by the DOTC or its authorized
inspection and maintenance inspection centers within sixty (60) days prior
program. to date of registration.
Section 22. Regulation of All Motor The DTI shall promulgate the necessary
Vehicles and Engines. - regulations prescribing the useful life of
vehicles and engines including devices in
Any imported new or locally-assembled new
order to ensure that such vehicles will
motor vehicle shall not be registered unless
conform to the emissions which they were
it complies with the emission standards set
certified to meet. These regulations shall
pursuant to this Act, as evidenced by a
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lOMoARcPSD|18318092
include provisions for ensuring the durability these sources for any violation of emission
of emission devices. standards shall be under the jurisdiction of
the DOTC.
Section 23. Second-Hand Motor Vehicle
Engines. - Chapter 3
Any imported secondhand motor vehicle Fuels, Additives, Substances And

engine shall not be introduced into Pollutants
commerce, sold or used unless it complies
Article 1
with emission standards set pursuant to this
Act. Fuels, Additives And Substances
Article 5 Section 26. Fuels and Additives. -
Pollution From Other Sources Pursuant to the Air Quality Framework to be

established under Section 7 of this Act, this
Section 24. Pollution from Smoking. -
Department of Energy (DOE), co-chaired by
Smoking inside a public building or an the Department of Environment and Natural
enclosed public place including public Resources (DENR), in consultation with the
vehicles and other means of transport or in Bureau of Product Standards (BPS) of the
any enclosed area outside of one's private DTI, the DOST, the representatives of the
residence, private place of work or any duly fuel and automotive industries, academe and
designated smoking area is hereby the consumers shall set specifications for all
prohibited under this Act. This provision shall types of fuel and fuel-related products, to
be implemented by the LGUs. improve fuel composition for increased
efficiency and reduced emissions: Provided,
Section 25. Pollution from Other Mobile
however, That the specifications for all types
Sources: -
of fuel and fuel related products set-forth
The Department, in coordination with pursuant to this section shall be adopted by
appropriate agencies, shall formulate and the BPS as Philippine National Standards
establish the necessary standards for all (PNS).
mobile sources other than those referred to

The DOE, shall also specify the allowable
in Section 21 of this Act. The imposition of
content of additives in all types of fuels and
the appropriate fines and penalties from
fuel-related products. Such standards shall
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lOMoARcPSD|18318092
be based primarily on threshold levels of thirty-five percent (35%) by volume

health and research studies. On the basis of and benzene not to exceed two
such specifications, the DOE shall likewise percent (2%) by volume;
limit the content or begin the phase-out of
b) not later than eighteen (18)
additives in all types of fuels and fuel-related
months after the effectivity of this Act,
products as it may deem necessary. Other
no person shall manufacture, import,
agencies involved in the performance of this
sell, supply, offer for sale, dispense,
function shall be required to coordinate with
transport or introduce into commerce
the DOE and transfer all documents and
automotive diesel fuel which contains
information necessary for the
a concentration of sulfur in excess of
implementation of this provision.
0.20% by weight with a cetane
Consistent with the provisions of the number or index of not less than forty-
preceding paragraphs under this section, it is eight (48): Provided, That by year
declared that: 2004, content of said sulfur shall be
0.05% by weight, and
a) not later than eighteen (18)
months after the effectivity of this Act, c) not later than eighteen (18)
no person shall manufacture, import, months after the effectivity of this Act,
sell, supply, offer for sale, dispense, no person shall manufacture, import,
transport or introduce into commerce sell, supply, offer for sale, dispense,
unleaded premium gasoline fuel transport or introduce into commerce
which has an antiknock index (AKI) industrial diesel fuel which contains a
of not less than 87.5 and Reid vapor concentration of sulfur in excess of
pressure of not more than 9 psi. 0.30% (by weight).
Within six (6) months after the
Every two (2) years thereafter or as the need
effectivity of this Act, unleaded
arises, the specifications of unleaded
gasoline fuel shall contain aromatics
gasoline and of automotive and industrial
not to exceed forty-five percent (45%)
diesel fuels shall be reviewed and revised for
by volume and benzene not to
further improvement in formulation and in
exceed four percent (4%) by volume:
accordance with the provisions of this Act.
Provided, That by year 2003,
unleaded gasoline fuel should The fuels characterized above shall be
contain aromatics not to exceed commercially available. Likewise, the same
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lOMoARcPSD|18318092
shall be the reference fuels for emission and c) Recommended range of

testing procedures to be established in concentration; and
accordance with the provisions of this Act.
d) Purpose in the use of the fuel
Any proposed additive shall not in any way and additive.
increase emissions of any of the regulated
Section 28. Misfuelling. -
gases which shall include, but not limited to
carbon monoxide, hydrocarbons, and oxides In order to prevent the disabling of any
of nitrogen and particulate matter, in order to emission control device by lead
be approved and certified by the Department. contamination, no person shall introduce or
cause or allow the introduction of leaded
Section 27. Regulation of Fuels and Fuel
gasoline into any motor vehicle equipped
Additives. -
with a gasoline tank filler inlet and labeled
The DOE, in coordination with the "unleaded gasoline only". This prohibition
Department and the BPS, shall regulate the shall also apply to any person who knows or
use of any fuel or fuel additive. No should know that such vehicle is designed
manufacturer, processor or trader of any fuel solely for the use of unleaded gasoline.
or additive may import, sell, offer for sale, or
Section 29. Prohibition on Manufacture,
introduce into commerce such fuel or
Import and Sale of Leaded Gasoline and
additive unless the same has been
of Engines and/or Components Requiring
registered with the DOE. Prior to
Leaded Gasoline.
registration, the manufacturer, processor or
trader shall provide the DOE with the Effective not later than eighteen (18) months
following relevant information: after the enactment of this Act, no person
shall manufacture, import, sell, offer for sale,
a) Product identity and
introduce into commerce, convey or
composition to determine the
otherwise dispose of, in any manner leaded
potential health effects of such fuels
gasoline and engines and components
and additives;
requiring the use of leaded gasoline.
b) Description of the analytical
For existing vehicles, the DTI shall formulate
technique that can be used to detect
standards and procedures that will allow non-
and measure the additive in any fuel;
conforming engines to comply with the use of
MNI NOTES|122

lOMoARcPSD|18318092
unleaded fuel within five (5) years after the The Department, together with concerned
effectivity of this Act. agencies and local government units, shall
prepare and fully implement a national plan
Article 2
consistent with the United Nations
Other Pollutants Framework Convention on Climate Change

and other international agreements,
Section 30. Ozone-Depleting conventions and protocols on the reduction
Substances. - of greenhouse gas emissions in the country.
Consistent with the terms and conditions of Section 32. Persistent Organic
the Montreal Protocol on Substances that Pollutants. -
Deplete the Ozone Layer and other
The Department shall, within a period of two
international agreements and protocols to (2) years after the enactment of this Act,
which the Philippine is a signatory, the establish an inventory list of all sources of
Department shall phase out ozone-depleting Persistent Organic Pollutants (POPs) in the
substances. country. The Department shall develop
short-term and long-term national
Within sixty (60) days after the enactment of
government programs on the reduction and
this Act, the Department shall publish a list of
elimination of POPs such as dioxins and
substances which are known to cause
furans. Such programs shall be formulated
harmful effects on the stratospheric ozone
within a year after the establishment of the
layer.
inventory list.
Section 31. Greenhouse Gases. -

Section 33. Radioactive Emissions. -
The Philippine Atmospheric, Geophysical
All projects which will involve the use of
and Astronomical Service Administration
atomic and/or nuclear energy, and will entail
(PAGASA) shall regularly monitor
release and emission of radioactive
meteorological factors affecting
substances into the environment, incident to
environmental conditions including ozone
the establishment or possession of nuclear
depletion and greenhouse gases and
energy facilities and radioactive materials,
coordinate with the Department in order to
handling, transport, production, storage, and
effectively guide air pollution monitoring and
use of radioactive materials, shall be
standard-setting activities.
regulated in the interest of public health and
MNI NOTES|123

lOMoARcPSD|18318092
welfare by the Philippine Nuclear Research Local government units (LGUs) shall share
Institute (PNRI), in coordination with the the responsibility in the management and
Department and other appropriate maintenance of air quality within their
government agencies. territorial jurisdiction. Consistent with
Sections 7, 8 and 9 of this Act, LGUs shall
Chapter 4
implement air quality standards set by the
Institutional Mechanism Board in areas within their jurisdiction;

Provided, however, That in case where the
Section 34. Lead Agency. - Board has not been duly constituted and has
not promulgated its standards, the standards
The Department, unless otherwise provided
set forth in this Act shall apply.
herein, shall be the primary government
agency responsible for the implementation The Department shall provide the LGUs with
and enforcement of this Act. To be more technical assistance, trainings and a
effective in this regard, the Department's continuing capability-building program to
prepare them to undertake full administration
Environmental Management Bureau (EMB)
of the air quality management and regulation
shall be converted from a staff bureau to a
within their territorial jurisdiction.
line bureau for a period of no more than two
(2) years, unless a separate, comprehensive Section 37. Environment and Natural
environmental management agency is Resources Office. -
created.
There may be established an Environment
Section 35. Linkage Mechanism. - and Natural Resources Office in every
province, city, or municipality which shall be
The Department shall consult, participate,
headed by the environment and natural
cooperate and enter into agreement with
resources officer and shall be appointed by
other government agencies, or with affected
the Chief Executive of every province, city or
nongovernmental organizations (NGOs) or
municipality in accordance with the
people's organizations (POs), or private
provisions of Section 484 of Republic Act No.
enterprises in the furtherance of the
7160. Its powers and duties, among others,
objectives of this Act.
are:
Section 36. Role of Local Government
a) To prepare comprehensive
Units. -
air quality management programs,
MNI NOTES|124

lOMoARcPSD|18318092
plans and strategies within the limits natural resources officers, the local
set forth in Republic Act No. 7160 and executive concerned may designate
this Act which shall be implemented any of his official and/or chief of office
within its territorial jurisdiction upon preferably the provincial, city or
the approval of the sanggunian; municipal agriculturist, or any of his
employee; Provided, finally, That in
b) To provide technical
case an employee is designated as
assistance and support to the
such, he must have a sufficient
governor or mayor, as the case may
experience in environmental and
be, in carrying out measures to
natural resources management,
ensure the delivery of basic services
conservation and utilization.
and the provision of adequate
facilities relative to air quality; Section 38. Record-keeping, Inspection,
Monitoring and Entry by the Department.
c) To take the lead in all efforts
concerning air quality protection and The Department or its duly accredited entity
rehabilitation; shall, after proper consultation and notice,
require any person who owns or operates
d) To recommend to the Board
any emission source or who is subject to any
air quality standards which shall not
requirement of this Act to: (a) establish and
exceed the maximum permissible
maintain relevant records;
standards set by national laws;
(b) make relevant reports; (c) install, use and
e) To coordinate with other
maintain monitoring equipment or methods;
government agencies and non-
(d) sample emission, in accordance with the
governmental organizations in the
methods, locations, intervals, and manner
implementation of measures to
prescribed by the Department; (e) keep
prevent and control air pollution; and
records on control equipment parameters,
f) Exercise such other powers production variables or other indirect data
and perform such duties and when direct monitoring of emissions is
functions as may be prescribed by impractical; and (f) provide such other
law or ordinance; Provided, however, information as the Department may
That in provinces/cities/municipalities reasonably require.
where there are no environment and
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Pursuant to this Act, the Department, through Local Government (DILG), the Department of
its authorized representatives, shall have the Agriculture (DA) and the Philippine
right of: Information Agency (PIA). Consistent with
Section 7 of this Act, such campaign shall
a) entry or access to any premises
encourage the participation of other
including documents and relevant
government agencies and the private sector
materials as referred to in the herein
including NGOs, POs, the academe,
preceding paragraphs;
environmental groups and other private
b) inspect any pollution or waste entities in a multi-sectoral information
source, control device, monitoring campaign.
equipment or method required; and
c) test any emission.

Chapter 5
Any record, report or information obtained

Actions
under this section shall be made available to
the public, except upon a satisfactory Section 40. Administrative Action. -
showing to the Department by the entity
Without prejudice to the right of any affected
concerned that the record, report, or
person to file an administrative action, the
information, or parts thereof, if made public,
Department shall, on its own instance or
would divulge secret methods or processes
upon verified complaint by any person,
entitled to protection as intellectual property.
institute administrative proceedings against
Such record, report or information shall
any person who violates:
likewise be incorporated in the Department's
industrial rating system. a) Standards or limitation
provided under this Act; or
Section 39. Public Education and
Information Campaign. - b) Any order, rule or regulation
issued by the Department with
A continuing air quality information and
respect to such standard or limitation.
education campaign shall be promoted by
the Department, the Department of
Education, Culture and Sports (DECS), the
Department of the Interior and
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Section 41. Citizen Suits. - The court shall exempt such action from the
payment of filing fees, except fees for actions
For purposes of enforcing the provisions of
not capable of pecuniary estimations, and
this Act or its implementing rules and
shall, likewise, upon prima facie showing of
regulations, any citizen may file an
the non-enforcement or violation complained
appropriate civil, criminal or administrative
of, exempt the plaintiff from the filing of an
action in the proper courts against:
injunction bond for the issuance of a
a) Any person who violates or preliminary injunction.
fails to comply with the provisions of

Within thirty (30) days, the court shall make
this Act or its implementing rules and
a determination if the complaint herein is
regulations; or
malicious and/or baseless and shall
b) The Department or other accordingly dismiss the action and award
implementing agencies with respect attorney's fees and damages.
to orders, rules and regulations

Section 42. Independence of Action. -
issued inconsistent with this Act,
and/or The filing of an administrative suit against
such person/entity does not preclude the
c) Any public officer who willfully
right of any other person to file any criminal
or grossly neglects the performance
or civil action. Such civil action shall proceed
of an act specifically enjoined as a
independently.
duty by this Act or its implementing
rules and regulations; or abuses his Section 43. Suits and Strategic Legal
authority in the performance of his Actions Against Public Participation and
duty; or, in any manner, improperly the Enforcement of this Act. -
performs his duties under this Act or
Where a suit is brought against a person
its implementing rules and
who filed an action as provided in Section 41
regulations: Provided, however,
of this Act, or against any person, institution
That no suit can be filed until after
or government agency that implements this
thirty-day (30) notice has been given
Act, it shall be the duty of the investigating
to the public officer and the alleged
prosecutor or the court, as the case may be,
violator concerned and no
to immediately make a determination not
appropriate action has been taken
exceeding thirty (30) days whether said legal
thereon.
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lOMoARcPSD|18318092
action has been filed to harass, vex, exert and regulations, the Department, through the
undue pressure or stifle such legal recourses Pollution Adjudication Board (PAB), shall
of the person complaining of or enforcing the impose a fine of not more than One hundred
provisions of this Act. Upon determination thousand pesos (Php100,000.00) for every
thereof, evidence warranting the same, the day of violation against the owner or operator
court shall dismiss the case and award of a stationary source until such time that the
attorney's fees and double damages. standards have been complied with.
This provision shall also apply and benefit For purposes of the application of the fines,
public officers who are sued for acts the PAB shall prepare a fine rating system to
committed in their official capacity, there adjust the maximum fine based on the
being no grave abuse of authority, and done violator's ability to pay, degree of willfulness,
in the course of enforcing this Act. degree of negligence, history of
noncompliance and degree of recalcitrance:
Section 44. Lien Upon Personal and
Provided, That in case of negligence, the first
Immovable Properties of Violators.
time offender's ability to pay may likewise be
Fines and penalties imposed pursuant to this considered by the Pollution Adjudication
Act shall be liens upon personal and Board: Provided, further, That in the
immovable properties of the violator. Such absence of any extenuating or aggravating
lien shall, in case of insolvency of the circumstances, the amount of fine for
respondent violator, enjoy preference negligence shall be equivalent to one-half of
subsequent to laborer's wages under Articles the fine for willful violation.
2241 and 2242 of Republic Act No. 386,

The fines herein prescribed shall be
otherwise known as the New Civil Code of
increased by at least ten percent (10%) every
the Philippines.
three (3) years to compensate for inflation
Chapter 6 and to maintain the deterrent function of such

fines.
Fines And Penalties
In addition to the fines, the PAB shall order
Section 45. Violation of Standards for the closure, suspension of development,
Stationary Sources. - construction, or operations of the stationary
sources until such time that proper
For actual exceedance of any pollution or air
environmental safeguards are put in place:
quality standards under this Act or its rules
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Provided, That an establishment found liable shall be immediately released. Otherwise, a

for a third offense shall suffer permanent testing result indicating an exceedance of the
closure immediately. This paragraph shall emission standards would warrant the
be without prejudice to the immediate continuing custody of the impounded vehicle
issuance of an ex parte order for such unless the appropriate penalties are fully
closure, suspension of development or paid, and the license plate is surrendered to
construction, or cessation of operations the DOTC pending the fulfillment of the
during the pendency of the case upon prima undertaking by the owner/operator of the
facie evidence that there is imminent threat motor vehicle to make the necessary repairs
to life, public health, safety or general so as to comply with the standards.
welfare, or to plant or animal life, or
A pass shall herein be issued by the DOTC
whenever there is an exceedance of the
to authorize the use of the motor vehicle
emission standards set by the Department
within a specified period that shall not exceed
and/or the Board and/or the appropriate
seven (7) days for the sole purpose of
LGU.
making the necessary repairs on the said
Section 46. Violation of Standards for vehicle. The owner/operator of the vehicle
Motor Vehicles. - shall be required to correct its defects and
show proof of compliance to the appropriate
No motor vehicle shall be registered with the
pollution control office before the vehicle can
DOTC unless it meets the emission
be allowed to be driven on any public or
standards set by the Department as provided
subdivision roads.
in Section 21 hereof.
In addition, the driver and operator of the
Any vehicle suspected of violation of
apprehended vehicle shall undergo a
emission standards through visual signs,
seminar on pollution control and
such as, but not limited to smoke-belching,
management conducted by the DOTC and
shall be subjected to an emission test by a
shall also suffer the following penalties:
duly authorized testing center for this
purpose, the DOTC or its authorized testing a) First offense - a fine not to
center shall establish a roadside inspection exceed Two thousand pesos
system. (Php2,000.00);
Should it be shown that there was no b) Second offense - a fine not

violation of emission standards, the vehicle less than Two thousand pesos
MNI NOTES|129

lOMoARcPSD|18318092
(Php2,000.0) and not to exceed Four thereof, a fine of not less than Ten thousand
thousand pesos (Php4,000.00); and pesos (Php10,000.00) but not more than
One hundred thousand pesos
c) Third offense - one (1) year
(Php100,000.00) or six (6) months to six (6)
suspension of the Motor Vehicle
years imprisonment or both shall be
Registration (MVR) and a fine of not
imposed. If the offender is a juridical person,
less than Four thousand pesos
the president, manager, directors, trustees,
(Php4,000.00) and not more than Six
the pollution control officer or the officials
thousand pesos (Php6,000.00).
directly in charge of the operations shall
Any violation of the provisions of Section 21 suffer the penalty herein provided.
paragraph (d) with regard to national

Section 48. Gross Violations. -
inspection and maintenance program,
including technicians and facility compliance In case of gross violation of this Act or its
shall be penalized with a fine of not less than implementing rules and regulations, the PAB
Thirty thousand pesos (Php30,000.00) or shall recommend to the proper government
cancellation of license of both the technician agencies to file the appropriate criminal
and the center, or both, as determined by the charges against the violators.
DTI.
The PAB shall assist the public prosecutor in
All law enforcement officials and deputized the litigation of the case.
agents accredited to conduct vehicle
Gross violation shall mean
emissions testing and apprehensions shall
undergo a mandatory training on emission (a) three (3) or more specific offenses
standards and regulations. For this purpose, within a period of (1) year,
the Department, together with the DOTC,
DTI, DOST, Philippine National Police (PNP) (b) three (3) or more specific
and other concerned agencies and private offenses within three (3) consecutive
entities shall design a training program. years;
Section 47. Fines and Penalties for (c) blatant disregard of the orders of
Violations of Other Provisions in the Act. the PAB, such as but not limited to
the breaking of seal, padlocks and
For violations of all other provisions provided other similar devices, or operating
in this Act and of the rules and regulations despite the existence of an order for
MNI NOTES|130

lOMoARcPSD|18318092
closure, discontinuance or cessation this Act, of which, the amount of Three

of operation; and hundred million pesos (Php300,000,000.00)
shall be appropriated to the Department;
(d) irreparable or grave damage to
Two hundred million pesos
the environment as a consequence of
(Php200,000,000.00) to the DTI; One
any violation or omission of the
hundred fifty million pesos
provisions of this Act.
(Php150,000,000.00) to the DOTC; and, One
Offenders shall be punished with hundred million pesos (Php100,000,000.00)
imprisonment of not less than six (6) years to the DOE.
but not more than ten (10) years at the

Thereafter, the amount necessary to
discretion of the court. If the offender is a
effectively carry out the provisions of this Act
juridical person, the president, manager,
shall be included in the General
directors, trustees, the pollution control
Appropriations Act.
officer or the officials directly in charge of the
operations shall suffer the penalty herein Section 51. Implementing Rules and
provided. Regulations. -
Chapter 7 The Department in coordination with the

Committees on Environment and Ecology of
Final Provisions
the Senate and House of Representatives,
Section 49. Potential Loss or Shifts of respectively and other concerned agencies,
Employment. - shall promulgate the implementing rules and

regulations for this Act, within one (1) year
The Secretary of Labor is hereby authorized after the enactment of this Act. Provided,
to establish a compensation, retraining and That rules and regulations issued by other
relocation program to assist workers laid off government agencies and instrumentalities
due to a company's compliance with the for the prevention and/or abatement of
provisions of this Act. pollution not inconsistent with this Act shall
supplement the rules and regulations issued
Section 50. Appropriations. -
by the Department, pursuant to the
An amount of Seven hundred fifty million provisions of this Act.
pesos (Php750,000,000.00) shall be
The draft of the implementing rules and
appropriated for the initial implementation of
regulations shall be published and be the
MNI NOTES|131

lOMoARcPSD|18318092
subject of public consultations with affected duties and functions by the respective
sectors. existing oversight committees of the Senate
and the House of Representatives.
There shall be a mandatory review of the
implementing rules and regulations and Section 54. Separability of Provisions.
standards set pursuant to the provisions of
If any provision of this Act or the application
this Act.
of such provision to any person or
Section 52. Report to Congress. - circumstances is declared unconstitutional,
the remainder of the Act or the application of
The Department shall report to Congress, not
such provision to other persons or
later than March 30 of every year following
circumstances shall not be affected by such
the approval of this Act, the progress of the
declaration.
pollution control efforts and make the
necessary recommendations in areas where Section 55. Repealing Clause. -
there is need for legislative action.
Presidential Decree No. 1181 is hereby
Section 53. Joint Congressional repealed Presidential Decree Nos. 1152,
Oversight Committee. - 1586, Presidential Decree No. 984 are partly
modified. All other laws, orders, issuance,
There is hereby created a joint congressional
rules and regulations inconsistent herewith
oversight committee to monitor the
are hereby repealed or modified accordingly.
implementation of this Act. The committee
shall be composed of five (5) senators and ------------
five (5) representatives to be appointed by
the Senate President and the Speaker of the
EO 192, SERIES OF 1987 -
House of Representatives, respectively. The
Reorganization Act of the
oversight committee shall be co-chaired by a
Department of Environment
senator and a representative designated by
the Senate President and the Speaker of the
and Natural Resources."
House of Representatives, respectively. Section 6 Structural Organization
The Department shall consist of the
The mandate given to the joint congressional Department proper, the Staff offices, the
oversight committee under this Act shall be Staff bureaus, and the
regional/provincial/community natural
without prejudice to the performance of the resources offices.
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The Department Proper shall consist of the members of the Task Force. EO 774
following: expressed what is now referred to by the
petitioners as the "Road Sharing Principle."
a. Office of the Secretary
AO 254 was issued, mandating the DOTC
b. Offices of Undersecretaries
(as lead agency for the Task Group on Fossil
c. Offices of Assistant Secretaries Fuels or TGFF) to formulate a national
Environmentally Sustainable Transport
d. Public Affairs Office Strategy (EST) for the Philippines.
e. Special Concerns Office Later that same year, Congress passed the
f. Pollution Adjudication Board Climate Change Act. It created the Climate
Change Commission which absorbed the
The Staff Sectoral Bureaus on the other functions of the PTFCC and became the lead
hand, shall be composed of: policy-making body of the government which
shall be tasked to coordinate, monitor and
a. Forest Management Bureau
evaluate the programs and action plans of
b. Lands Management Bureau the government relating to climate
change.
c. Mines and Ge-osciences Bureau
Petitioners are Carless People of the
d. Environmental Management Philippines, parents, representing their
Bureau children, who in turn represent "Children of
e. Ecosystems Research and the Future, and Car-owners who would
Development Bureau rather not have cars if good public
transportation were safe, convenient,
f. Protected Areas and Wildlife accessible, available, and reliable"
Bureau
claim that they are entitled to the issuance
The field offices shall consist of all the of the extraordinary writs due to the
department regional offices, the provincial alleged failure and refusal of respondents to
offices, and the community offices. perform an act mandated by environmental
laws, and violation of environmental laws
------------------------------
resulting in environmental damage of such
Segovia et al. v. Climate Change magnitude as to prejudice the life, health and
property of all Filipinos.
Commission (G.R. No. 211010,
March 7, 2017) petitioners contend that respondents'
failure to implement the foregoing laws
FACTS: and executive issuances resulted in the
continued degradation of air quality,
Former President Gloria Macapagal-
particularly in Metro Manila, in violation of the
Arroyo issued AO 171 which created the
petitioners' constitutional right to a balanced
Presidential Task Force on Climate
and healthful ecology,14 and may even be
Change (PTFCC) on February 20, 2007.
tantamount to deprivation of life, and of life
This body was reorganized through EO sources or "land, water, and air" by the
774, which designated the President as government without due process of law.
Chairperson, and cabinet secretaries as
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3. Whether or not a writ of Kalikasan and/or

Continuing Mandamus should issue.
respondents assert that petitioners are
not entitled to a writ of kalikasan because RULING:
they failed to show that the public
The petition must be dismissed.
respondents are guilty of an unlawful act or
omission; The Court agrees with the petitioners'
position. The RPEC did liberalize the
state the environmental law/s violated;
requirements on standing, allowing the filing
show environmental damage of such of citizen's suit for the enforcement of rights
magnitude as to prejudice the life, health or and obligations under environmental laws
property of inhabitants of two or more cities;
However, it bears noting that there is a
and prove that non- implementation of Road difference between a petition for the
Sharing Principle will cause environmental issuance of a writ of kalikasan, wherein it is
damage. sufficient that the person filing represents the
inhabitants prejudiced by the environmental
damage subject of the writ;27 and a petition
not entitled to a for the issuance of a
Continuing Mandamus because:
writ of continuing mandamus, which is
(a) there is no showing of a direct or personal only available to one who is personally
injury or a clear legal right to the thing aggrieved by the unlawful act or omission
demanded;
the writ of kalikasan is an extraordinary
(b) the writ will not compel a discretionary remedy covering environmental damage
act or anything not in a public officer's duty to of such magnitude that will prejudice the
do (i.e. the manner by which the Road life, health or property of inhabitants in
Sharing Principle will be applied; and to two or more cities or provinces. the
compel DA to exercise jurisdiction over magnitude of the ecological problems
roadside lands); and contemplated under the RPEC satisfies at
least one of the exceptions to the rule on
(c) DBM cannot be compelled to make an hierarchy of courts, as when direct resort is
instant release of funds as the same requires allowed where it is dictated by public welfare.
an appropriation made by law (Article VI,
Section 29[1] of the Constitution) and the use For a writ of kalikasan to issue, the
of the Road Users' Tax (more appropriately, following requisites must concur:
the Motor Vehicle Users' Charge) requires
1. there is an actual or threatened
prior approval of the Road Board.
violation of the constitutional right to
ISSUES a balanced and healthful ecology;
1. Whether or not the petitioners have 2. the actual or threatened violation

standing to file the petition; arises from an unlawful act or
omission of a public official or
2. Whether or not the petition should be employee, or private individual or
dismissed for failing to adhere to the doctrine entity; and
of hierarchy of courts; and
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3. the actual or threatened violation nature, not those that are discretionary, and
involves or will lead to an the official can only be directed
environmental damage of such by mandamus to act but not to act one way
magnitude as to prejudice the life, or the other.
health or property of inhabitants in
two or more cities or provinces. The duty being enjoined in mandamus must
be one according to the terms provided in the
petitioners failed to show that public law itself. Thus, the recognized rule is that,
respondents are guilty of any unlawful act in the performance of an official duty or
or omission that constitutes a violation of the act involving discretion, the corresponding
petitioners' right to a balanced and healthful official can only be directed by mandamus to
ecology. act, but not to act one way or the other.
there is no showing of unlawful neglect on to compel the respondents to act one way
the part of the respondents to perform any to implement the Road Sharing Principle - to
act that the law specifically enjoins as a duty bifurcate all roads in the country to devote
- there being nothing in the executive half to sidewalk and bicycling, and the other
issuances relied upon by the petitioners that to Filipino-made transport - when there is
specifically enjoins the bifurcation of roads to nothing in EO 774, AO 254 and allied
implement the Road Sharing Principle. To issuances that require that specific
the opposite, the respondents were able to course of action in order to implement the
show that they were and are actively same. Their good intentions
implementing projects and programs that notwithstanding, the petitioners cannot
seek to improve air quality. supplant the executive department's
discretion with their own through this
Similarly, the writ of
petition for the issuance of writs
continuing mandamus cannot issue.
of kalikasan and continuing mandamus
First, the petitioners failed to prove direct or
At its core, what the petitioners are
personal injury arising from acts
seeking to compel is not the performance
attributable to the respondents to be entitled
of a ministerial act, but a discretionary act
to the writ.
- the manner of implementation of the Road
While the requirements of standing had Sharing Principle.
been liberalized in environmental cases, the
general rule of real party-in-interest
applies to a petition for Heirs of Tunged v. Sta Lucia
continuing mandamus
Realty Development Corporation
Second, the Road Sharing Principle is (G.R. No. 231737, March 6, 2018)
precisely as it is denominated - a principle. It
cannot be considered an absolute imposition FACTS:
to encroach upon the province of public Petitioners are recognized Indigenous
respondents to determine the manner by People (IP), being members of
which this principle is applied or considered the Ibaloi tribe, who are the original settlers
in their policy decisions. in Baguio City and Benguet Province.
Mandamus lies to compel the performance
of duties that are purely ministerial in
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Respondent Sta. Lucia Realty is a real they operate without such ECC,
estate developer, while respondent Baguio violative of PD 1586 for posing grave
Properties, Inc. claims to be the lot owner and/or irreparable danger to the
managing the properties of Manila Newtown environment, life and property;
Development Corporation, which covers
portions of the subject land (2) after trial, make the
Environmental Protection Order
In the Complaint, petitioners averred that and/or writ of preliminary
the subject property is an ancestral land injunction permanent;
that they have been occupying in the concept
(3) recognize the rights of the
of an owner since time immemorial through
petitioners as IPs to their ancestral
their ancestors; that such ownership was
land subject of this case; and
recognized under the IPRA, which includes
the right to sustainable traditional resource, (4) compel respondents to restore
the right against unlawful or unauthorized the denuded areas within the
intrusion, and the right against subject land to maintain ecological
usurpation;9 and that their applications for balance and to compensate
the issuance of Certificate of Ancestral petitioners of their damaged
Land Titles (CALTs) over their properties, resources, among others.
including the subject land, are now
pending before the National Commission on Baguio Properties, Inc. invoked
Indigenous Peoples (NCIP). ownership over the subject land and as
such, they argued that petitioners' complaint
respondents' acts of demolishing and is a collateral attack to its Torrens Titles.
bulldozing the subject land, which caused
the destruction of small and full grown trees RTC, sitting as an environmental court,
and sayote plants and other resources of the dismissed the Complaint for lack of
petitioners, violated their rights pursuant to jurisdiction.
the IPRA; violated environmental laws, The Issue
specifically PD 1586, as respondents'
project poses grave and/or irreparable Was the court a quo's outright dismissal of
danger to environment, life, and property, the case proper?
and also violated the Environmental
RULING:
Compliance Certificate (ECC) issued to
them. We do not agree.
Petitioners, therefore, prayed for the We find that the outright dismissal of the case
following reliefs, to wit: was not proper.
(1) issuance of an ex parte 72-hour The court a quo patently erred in ruling that
Environmental Protection Order to the NCIP has jurisdiction over the case.
immediately stop respondents from
their earthmoving activities not only We have already established that it is the
because they violate petitioners' regular courts and not the NCIP, which
rights under the IPRA above-cited, has jurisdiction over the same.
but also because they failed to Section 3, Rule 2 of A.M. No. 09-6-8-SC
comply with the ECC and/or because explicitly states that if the complaint is not
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an environmental complaint, the presiding On April 6, 2010, Congress passed

judge shall refer it to the executive judge for Republic Act (R.A.) No. 10067, otherwise
re-raffle to the regular court. known as the “Tubbataha Reefs Natural
Park (TRNP) Act of 2009” “to ensure the
On the other hand, Administrative Order
protection and conservation of the globally
(AO) No. 23-2008, in relation to Batas
significant economic, biological,
Pambansa Blg. (BP) 129, designated the
sociocultural, educational and scientific
court a quo as a special court to hear, try,
values of the Tubbataha Reefs into
and decide violations of environmental perpetuity.”
laws committed within its territorial
jurisdiction. The USS Guardian is an Avenger-class mine
countermeasures ship of the US Navy.
non-ICCs/IPs cannot be subjected to the
special and limited jurisdiction of the In December 2012, the US Embassy in the
NCIP even if the dispute involves rights of Philippines requested diplomatic clearance
ICCs/IPs since the NCIP has no power and for the said vessel “to enter and exit the
authority to decide on a controversy involving territorial waters of the Philippines and to
rights of non-ICCs/IPs which should be arrive at the port of Subic Bay for the purpose
brought before the courts of general of routine ship replenishment, maintenance,
jurisdiction within the legal bounds of rights and crew liberty.”
and remedies.
While transiting the Sulu Sea, the USS
Guardian, a US Navy ship, ran aground on
the South Shoal of Tubbataha Reefs, a
Arigo v. Swift (G.R. No. 206510, restricted and marine protected area.
September 16, 2014)
On January 20, 2013, U.S. 7th Fleet
petition for the issuance of a Writ of Commander, Vice Admiral Scott Swift,
Kalikasan with prayer for the issuance of expressed regret for the incident in a press
a Temporary Environmental Protection statement. Likewise, US Ambassador to the
Order (TEPO) under Rule 7 of A.M. No. 09- Philippines Harry K. Thomas, Jr., in a
6-8-SC, otherwise known as the Rules of meeting at the Department of Foreign Affairs
Procedure for Environmental Cases (DFA) on February 4, “reiterated his regrets
(Rules), involving violations of over the grounding incident and assured
environmental laws and regulations in Foreign Affairs Secretazy Albert F. del
relation to the grounding of the US military Rosario that the United States will provide
ship USS Guardian over the Tubbataha appropriate compensation for damage to the
Reefs. reef caused by the ship.”
FACTS: The US Government provided compensation

for the damaged caused and undertook
In 1988, Tubbataha was declared a National salvage operations to remove the grounded
Marine Park by virtue of Proclamation No. ship from the coral reef.
306 issued by President Corazon C. Aquino.
In 1993, Tubbataha was inscribed by the
United Nations Educational Scientific and
On April 17, 2013, petitioners on their
Cultural Organization (UNESCO) as a World
behalf and in representation of their
Heritage Site.
respective sector/organization and
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others, including minors or generations performed by them in the discharge of their

yet unborn, filed a petition for the duties.
issuance of a Writ of Kalikasan with prayer
The rule is that if the judgment against
for the issuance of a Temporary
such officials will require the state itself to
Environmental Protection Order (TEPO)
perform an affirmative act to satisfy the
under Rule 7 of A.M. No. 09-6-8SC,
same, such as the appropriation of the
otherwise known as the Rules of
amount needed to pay the damages
Procedure for Environmental Cases
(Rules). awarded against them, the suit must be
regarded as against the state itself although
Petitioners filed the petition against SCOTT it has not been formally impleaded.
H. SWIFT in his capacity as Commander
The alleged act or omission resulting in
of the US. 7th Fleet and MARK A. RICE in
the unfortunate grounding of the USS
his capacity as Commanding Officer of
Guardian on the TRNP was committed
the USS Guardian. They were the US
while the US respondents were
respondents.
performing official military duties and
The Philippine respondents, meanwhile, working as commanding officers of the US
included President Aquino, the Secretary of Navy who had control and supervision over
the DFA, the Secretary of DND, Secretary of the USS Guardian and its crew.
DENR, Commandant of Philippines Coast
The suit is deemed to be one against the
Guard, et al.
US itself as the satisfaction of a judgment
ISSUES: against said officials will require remedial
actions and appropriation of funds by the US
1. Whether or not the Court has
government. Therefore, the principle of
jurisdiction over the US respondents
State immunity bars the exercise of
who did not submit any pleading or
jurisdiction by this Court over the
manifestation in the case.
persons of respondents Swift, Rice and
2. Whether or not there is a waiver of Robling.
immunity from suit in the Visiting
2. The waiver of state immunity under
Forces Agreement (VFA) that would
the VFA pertains only to criminal
make the US respondents liable.
jurisdiction and not to special civil
RULING: actions such as the present
petition for issuance of a writ of
1. Immunity of foreign states from Kalikasan. A ruling on the application
the jurisdiction of local courts or non-application of criminal
The inhibition to implead a foreign state in a jurisdiction provisions of the VFA to
local jurisdiction is expressed in the maxim US personnel who may be found
par in parem, non habet imperium. responsible for the grounding of the
USS Guardian, would be premature
That is, all states are sovereign equals and and beyond the province of a petition
cannot assert jurisdiction over one for a writ of Kalikasan.
another.
The VFA is an agreement which defines the
This is also applicable to complaints filed treatment of United States troops and
against officials of the state for acts allegedly personnel visiting the Philippines to promote
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“common security interests” between the US

and the Philippines in the region. It provides
for the guidelines to govern such visits of
military personnel, and further defines the
rights of the United States and the Philippine
government in the matter of criminal
jurisdiction, movement of vessel and aircraft,
importation and exportation of equipment,
materials and supplies. The invocation of US
federal tort laws and even common law is
thus improper considering that it is the VF A
which governs disputes involving US military
ships and crew navigating Philippine waters
in pursuance of the objectives of the
agreement.
In any case, it is our considered view that a
ruling on the application or non-
application of criminal jurisdiction
provisions of the VF A to US personnel
who may be found responsible for the
grounding of the USS Guardian, would be
premature and beyond the province of a
petition for a writ of Kalikasan.
We also find it unnecessary at this point to
determine whether such waiver of State
immunity is indeed absolute. In the same
vein, we cannot grant damages which
have resulted from the violation of
environmental laws. The Rules allows the
recovery of damages, including the collection
of administrative fines under R.A. No. 10067,
in a separate civil suit or that deemed
instituted with the criminal action charging
the same violation of an environmental law.
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Overview of International Further, States must do their best to protect

the environment by enacting effective
Environmental Law and environmental laws and developing sound
Covenants national environmental policies that include
reducing and eliminating unsustainable
International Environmental Law (IEL) patterns of production and consumption,
strengthening capacity-building for
- is concerned with the attempt to control sustainable development, facilitating public
pollution and the depletion of natural awareness of the importance of protecting
resources within a framework of sustainable the environment, protection of indigenous
development. peoples and their communities, and
- It is a branch of public international law - a resolving environmental disputes peacefully.
body of law created by states for states to Three principles, however, stand out for
govern problems that arise between states. being widely recognized as the foundation of
- IEL covers topics such as population, most environmental policies today.
biodiversity, climate change, ozone The first principle is Principle 3, which
depletion, toxic and hazardous substances, advocates the necessity of sustainable
air, land, sea and transboundary water development to equitably meet the
pollution, conservation of marine resources, developmental and environmental needs of
desertification, and nuclear damage. present and future generations.
The second principle is Principle 10, which

Rio Declaration in Environment espouses the belief that environmental
issues are best handled with the participation
and Development of all citizens. There should be an open line
Primary goal to establish new and equitable of communication between individuals and
global partnership through the creation of public authorities concerning environmental
new levels of cooperation among States, key issues, such as hazardous materials and
sectors of societies and people, and to work activities in communities. Citizens must also
towards international agreements which have an opportunity to participate in
respect the interests of all and protect the decision-making processes and should be
integrity of the global environmental and apprised and aware of issues involving the
developmental system. It also recognizes the environment. Further, there should be
integral and interdependent nature of the effective access to judicial and administrative
Earth. proceedings for resolving environmental
disputes.
The third principle is Principle 15, which

It recognizes the fact that States have the recognizes the adoption of the
sovereign right to exploit their own natural Precautionary Principle when it comes to
resources but must ensure that the activities decision-making and environmental
within their jurisdiction and control do not regulation. The basic idea behind the
cause environmental damage to other Precautionary Principle is: “where there are
States. threats of serious or irreversible damage,
lack of full scientific certainty shall not be
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used as a reason for postponing cost- Writ of Kalikasan

effective measures to prevent environmental
degradation.” The Writ of Kalikasan is defined as a remedy
available to natural or juridical persons
Because it is not a convention, there are no whose constitutional right to a balanced and
signatories or convention bodies attached to healthful ecology is violated or threatened by
the Rio Declaration, but States have treated an unlawful act or omission of a public official
its provisions as generally accepted or employee or even private individual which
principles of international law and continue to involves an environmental damage of such
observe obligations thereunder. magnitude as to prejudice the life, health, or
property of inhabitants in two or more cities
The principles stated in the Rio Declaration
or provinces.
have been widely recognized as part of
International Environmental Law and have The purpose and objective of the Writ is
been adopted in national laws around the explained as
world for the protection of the environment.
“[intending] to provide a stronger
-- - - - - - - - -- -- - -- defense for environmental rights
through judicial efforts where
Rules of Procedure for institutional arrangements of
Environmental Cases (A.M. No. enforcement, implementation and
09-6-8-SC, Apr. 29, 2010) legislation have fallen short.
The Supreme Court promulgated the Rules It seeks to address the potentially
of Procedure for Environmental Cases to exponential nature of large-scale
primarily ecological threats.”
protect and advance the The Writ of Kalikasan was also “fashioned to
constitutional right of the people to a address the concern of magnitude and
balanced and healthful ecology. questions of jurisdiction arising from the
environmental damage occurring in wide
The Rules also aim to provide a areas by allowing the petition for the
simplified, speedy, and inexpensive issuance of the writ.”
recourse for the enforcement of
environmental rights and duties by The creation of the Writ is therefore a piece
introducing and adopting innovations of revolutionary judicial reform designed to
and best practices to ensure the address the necessity of prosecuting
effective enforcement of remedies environmental cases and penalizing
and redress for violation of offenders.
environmental laws. Continuing Mandamus
It enables the courts to monitor and The Rules of Procedure for Environmental
exact compliance with orders and Cases define Continuing Mandamus as “a
judgments in environmental cases. writ issued by a court in an environmental
- - - - - -- -- - - - -- - - - - case directing any agency or instrumentality
of the government, or officer thereof to
perform an act or series of acts decreed by
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final judgment which shall remain effective gas concentrations in the atmosphere at a
until judgment is fully satisfied.” level that would prevent dangerous
anthropogenic [originating in human activity]
To expedite the process, a court may issue a
interference with the climate system.”
Temporary Environmental Protection Order
to preserve the rights of the parties in the This objective is qualified in that it “should be
proceeding. achieved within a time frame sufficient to
allow ecosystems to adapt naturally to
Citizen’s Suit climate change, to ensure that food
The concept of Citizen’s suit was first production is not threatened and to enable
included in the Clean Air Act and economic development to proceed in a
Ecological Solid Waste Management Act. sustainable manner.”
Under the new Rules, a citizen’s suit can be Among the principles provided in Article 3 of
filed by “any Filipino citizen in the Convention are
representation of others, including (a) inter-generational equity,
minors or generations yet unborn.”
(b) the precautionary approach, and
The purpose of allowing this is to enforce
the environmental right of every Filipino to a (c) common but differentiated
balanced and healthful ecology. responsibilities.
If a citizen suit is filed, the payment of filing Article 3.1 stresses the principles of
fees and other legal fees shall serve as first equity and of common but differentiated
lien on the judgment award. The reliefs that responsibilities. The latter principle was also
may be granted in a citizen suit shall include formulated in 1992 as Principle 7 of the Rio
“the protection, preservation or rehabilitation Declaration.
of the environment and the payment of
Article 3.2 addresses the different degrees
attorney’s fees, costs of suit and other
to which Parties will be affected by climate
litigation expenses.
change and by measures to implement the
It may also require the violator to submit a Convention.
program of rehabilitation or restoration of the
It calls for “full consideration of specific needs
environment, the costs of which shall be
and special circumstances of developing
borne by the violator, or to contribute to a
country Parties, especially those that are
special trust fund for that purpose subject to
particularly vulnerable to the adverse effects
the control of the court.”
of climate change, and of those Parties,
especially developing country Parties, that
would have to bear a disproportionate or
UN Framework Convention on abnormal burden under the Convention.”
Climate Change This is in line with Principle 6 of the Rio
Declaration.
Philippines, that ratified the UNFCCC on
August 2, 1994 Article 3.3 refers to the precautionary
principle, which is widely reflected in
its ultimate objective is “to achieve, in environmental law and environmental
accordance with the relevant provisions of agreements: “Where there are threats of
the Convention, stabilization of greenhouse serious or irreversible damage, lack of full
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scientific certainty should not be used as a on the effective implementation by

reason for postponing such measures” – a developed country Parties of their
statement which closely mirrors the wording commitments under the Convention related
of Principle 15 of the Rio Declaration. to financial resources and transfer of
technology and will take fully into account
Article 3.4 lays down the right, and
that economic and social development and
obligation, to promote sustainable
poverty eradication are the first and
development.
overriding priorities of the developing country
This is in line with Principle 3 of the Rio Parties.”
Declaration. It specifies that policies and
measures to protect the climate system
“should be appropriate for the specific
KYOTO PROTCOL
conditions of each Party and should be
integrated with national development What is Kyoto protocol?
programmes, taking into account that
economic development is essential for The Kyoto Protocol is an international
adopting measures to address climate treaty, which extends the 1992 United
change.” Nations Framework Convention on Climate
Change (UNFCCC) that commits State
Article 3.5 upholds the principle of free Parties to reduce greenhouse gases
trade, calling on the Parties to promote a emissions, based on the premise that (a)
“supportive and open international economic global warming exists and (b) man-made
system that would lead to sustainable CO2 emissions have caused it.
economic growth and sustainable
development in all Parties, particularly the Protocol allows developing countries to
developing country Parties, thus enabling participate in climate change mitigation
them better to address the problems of through three market-based mechanisms,
climate change.” creating what is now called the “carbon
market.” These innovative mechanisms are
Article 3.5 also calls on Parties to avoid
measures that “constitute a means of (1) joint implementation (JI),
arbitrary or unjustifiable discrimination or a (2) emissions trading, and
disguised restriction on international trade.”
This Article is closely related to Principle 12 (3) the clean development
of the Rio Declaration. mechanism (CDM)
developing countries, are given special The five principal concepts established
consideration under the Convention because by the Kyoto Protocol are:
of their limited capacity to respond to climate
1. Commitments. The heart of the
change and adapt to its adverse effects.
Protocol lies in establishing
The Philippines is a Non-Annex I Party. commitments for the reduction of
The differentiation of responsibilities under greenhouse gases that are legally
the Convention is expressed in Article 4.7, binding for Annex I countries, as well
which states that the extent to which as general commitments for all
developing country Parties will effectively member countries.
implement their commitments “will depend
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2. Implementation. In order to meet to less developed countries (LDCs). It does

the objectives of the Protocol, Annex not, however, address the movement of
I countries are required to prepare radioactive waste.
policies and measures for the
Hazardous wastes are substances which
reduction of greenhouse gases in
are either
their respective countries.
(1) explosive,
In addition, they are required to
increase the absorption of these (2) flammable,
gases and utilize all mechanisms
available, such as joint (3) toxic or
implementation, the clean (4) corrosive.
development mechanism and
emissions trading, in order to be Those substances/wastes that did not fall on
rewarded with credits that would the category is defined as or considered to
allow more greenhouse gas be a hazardous waste under the laws of
emissions at home. either the exporting country. (see RA 6969)
3. Minimizing Impacts on Atty Usec: As a general rule, no one is

Developing Countries by permitted to export hazardous waste.
establishing an adaptation fund for Exception: exporter without treatment
climate change. facility. In other words, if an exporter already
have a treatment facility, they are no longer
4. Accounting, Reporting and allowed to export hazardous waste.
Review in order to ensure the
integrity of the Protocol. There are 2 options in resolving the
wastes exported from Canada to the
5. Compliance. Establishing a Philippines:
Compliance Committee to enforce
compliance with the commitments (1) ship it back to the source country,
under the Protocol. as per Basel Convention; or
The commitments set forth in the Kyoto (2) if there is no way to ship it back,
Protocol expired on the 31st of December or if would not be convenient or
2012. economical, or if it would cause more
harm to the environment, the
concerned State should sit down,
discuss the problem and come up
BASEL CONVENTION
with a solution.
What is Basel Convention?
In the case at bar, it would be economical to
The Basel Convention on the Control of bury the waste and promulgate a more
Transboundary Movements of stringent rules on importation.
“Hazardous Wastes” and Their Disposal
Mechanism of Prior Notification and
is an international treaty that was designed to
Consent
reduce the movements of hazardous waste
between nations, and specifically to prevent Before a country may be allowed to export
transfer of hazardous waste from developed toxic and hazardous waste to another
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country, the competent authority of the The Rotterdam Convention makes

receiving country must have been properly international trade of certain hazardous
informed and have given its consent to such chemicals illegal if the State of destination
trade. has not given its informed consent. It also
provides for a mechanism wherein States
Environmentally Sound Management of
may exchange information to facilitate better
Toxic and Hazardous Wastes
management of certain chemicals when
The Convention obliges both the importing traded.
and exporting countries to handle and
dispose all toxic and hazardous materials in
accordance to the principle of ASEAN Agreement on the
environmentally sound management.
Conservation of Nature and
This means “taking all practicable steps to Natural Resources
ensure that hazardous wastes or other
wastes are managed in a manner which will this Agreement has not been ratified by a
protect human health and the environment sufficient number of member States to
against the adverse effects which may result enter into force. At present, only three
from such wastes.” countries have ratified it, one of which is
the Philippines who did so on 4
September 1986
ROTTERDAM CONVENTION recognizes the importance of preserving
the region’s natural resources for present
What is Rotterdam Convention? and future generations and their value to
Rotterdam Convention on the Prior science, culture, society, and the economy.
Informed Consent Procedure for Certain As such, the agreement aims to hold ASEAN
“Hazardous Chemicals and Pesticides” in signatory-parties responsible to undertake
International Trade is a multilateral treaty to individual and joint actions for the
promote shared responsibilities in relation to conservation and management of their living
importation of hazardous chemicals. The resources and other natural elements on
convention promotes open exchange of which they depend on to ensure
information and calls on exporters of sustainability of development.
hazardous chemicals to use proper
labeling, include directions on safe The foremost objective of the ASEAN
handling, and inform purchasers of any Agreement is to have the management of
known restrictions or bans. Signatory these resources assimilated into the
nations can decide whether to allow or ban environmental development planning of each
the importation of chemicals listed in the signatory-party country.
treaty, and exporting countries are obliged to
The Philippines, having signed and ratified
make sure that producers within their
the Agreement, has incorporated the
jurisdiction comply.
preservation and management of natural
The Convention promotes the exchange of resources and adoption of several
information on a very broad range of environmental principles in some of its
chemicals. Basically, the convention is about environmental laws.
the proper labelling of chemicals.
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National Integrated Protected Under this Act, the State is mandated

Areas System Act of 1992206 (RA to utilize and develop management
7586) and conservation policies and
allocation systems for fisheries and
This Act was enacted to establish
aquatic resources. This includes the
integrated protected areas in
issuance of licenses and permits for
recognition of the critical importance
the conduct of fishery activities,
of protecting the country’s diverse
protection of rare, endangered, and
natural resources in the environment.
threatened species, formulation of a
This reflects Chapters 2 and 4 of the comprehensive post-harvest and
ASEAN Agreement on the ancillary industries plan, and more.
Conservation of Nature and Natural
The State is also required to conduct
Resources.
research to develop the country’s aquatic
Under this Act, the State is mandated resources.
to establish protected areas, namely
strict nature reserve, natural park,
natural monument, wildlife sanctuary, CARTAGENA PROTOCOL
protected landscapes and
seascapes, resource reserve, natural What is Cartagena Protocol?
biotic areas, and other areas
The Cartagena Protocol on Biological
established by law.
Diversity is an international treaty governing
Furthermore, the State must the movements of living modified organisms
establish management and (LMOs) from one country to another, and
conservation policies for these seeks to protect biological diversity from the
protected areas. potential risks posed by genetically modified
organisms resulting from modern
Philippine Fisheries Code of biotechnology.
1998208 (RA 8550)
Living Modified Organism (LMO)/
This Republic Act was enacted by Genetically Modified Organism (GMO) –
Congress to protect and conserve the any living organism that possesses a novel
fishing grounds in the country. combination of genetic material obtained
Its objective is to achieve food through the use of modern biotechnology.
security by limiting access to the Overall, the term 'living modified organisms'
fishery and aquatic resources of the is equivalent to genetically modified
Philippines. organism – the Protocol did not make any
It also aims to manage and develop distinction between these terms and did not
the fishing areas in the country and use the term 'genetically modified organism.'
support the fishery sector by Biosafety Clearing-House (BCH) – an
protecting the rights of fisherfolk. This information exchange mechanism that
reflects Chapters 2 and 3 of the provides open and easy access to key
ASEAN Agreement on the information about LMOs
Conservation of Nature and Natural
Resources.
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Salient Feature: The parties shall ensure eliminate or restrict the production and use of
that the development, handling, transport, persistent organic pollutants (POPs).
use, transfer and release of any living
Persistent Organic Pollutants (POPs) are
modified organisms are undertaken in a
chemical substances that persist in the
manner that prevents or reduces the risks to
environment, bio-accumulate through the
biological diversity, taking also into account
food web, and pose a risk of causing adverse
risks to human health.
effects to human health and the environment.
MONTREAL PROTOCOL The Stockholm Convention is perhaps best
What is Montreal Protocol? understood as having five essential aims:
The Montreal Protocol on Substances 1. Eliminate dangerous POPs,

that Deplete the Ozone Layer (a protocol to starting with the 12 worst
the Vienna Convention for the Protection of 2. Support the transition to safer
the Ozone Layer) is an international treaty alternatives
designed to protect the ozone layer by
phasing out the production of numerous 3. Target additional POPs for
substances that are responsible for ozone action
depletion.
4. Cleanup old stockpiles and
Due to its widespread adoption and equipment containing POPs
implementation, it has been hailed as an
5. Work together for a POPs-
example of exceptional international
free future
cooperation, with Kofi Annan quoted as
saying that "perhaps the single most 12 Worst Chemicals
successful international agreement to date
has been the Montreal Protocol". In No. Chemical Name No. Chemical Name
comparison, effective burden sharing and
1 Aldrin 7 Mirex
solution proposals mitigating regional
conflicts of interest have been among the 2 Chlordane 8 Toxaphene
success factors for the Ozone depletion
challenge, where global regulation based on 3 Dieldrin 9 Polychlorinated
the Kyoto Protocol has failed to do so. biphenyls (PCBs)
Chlorofluorocarbons (CFCs) – ozone 4 Endrin 10 DDT
depleting substance
5 Heptachlor 11 Polychlorinated
dibenzo-p-dioxins
("dioxins") and
STOCKHOLM CONVENTION
polychlorinated
What is Stockholm Convention? dibenzofurans
Stockholm Convention on Persistent 6 Hexachlorobenzene 12 Hexachlorobenzene

Organic Pollutants is an international
environmental treaty, signed in 2001 and
effective from May 2004, that aims to
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CORDILLERA GLOBAL Resources Secretary Ramon J.P. Paje

NETWORK v. Paje, April 10, (Secretary Paje), granted SM
Investments Corporation's request for a
2019, G.R. No. 215988
permit to cut and earth-ball the Benguet
FACTS: pine, Alnus trees, and saplings that
would be affected by the Expansion
Petition for Review on Certiorari filed by
Project.
Cordillera Global Network,
representing concerned residents of However, the permit's issuance was
Baguio City, subject to several conditions, including
the conduct of public consultations with
stakeholders and the procurement of an
On September 13, 2001, the environmental compliance certificate.
Department of Environment and
City Planning and Development Office of
Natural Resources issued
Baguio City granted locational clearance
Environmental Compliance Certificate
for the Expansion Project.
to SM Investments Corporation for its SM
Pines Resort Project. This mix-use, eco- Cordillera Global Network filed a
tourism project would span 8.5 hectares Complaint (first environmental case)
and cover a shopping mall, a hotel, against SM Investments Corporation,
service apartments, a multi-purpose Secretary Paje, Atty. Juan Miguel Cuna,
entertainment center, and other related the director of the Environmental
structures. SM CITY BAGUIO, was then Management Bureau, and Secretary
constructed. Later on, they wanted to Rogelio L. Singson of the Department of
expand to increase parking and Public Works and Highways.
commercial spaces.
prayed, among others, that a temporary
SM Investments submitted an environmental protection order be
Environmental Performance Report and immediately issued to enjoin SM
management plan to the EMB-CAR, as Investments Corporation from cutting
part of its application to amend its ECC. and/or earth-balling the 182 Benguet
pine and Alnus trees on Luneta Hill.
EMB-CAR requested that additional
information on the inventory of the Regional Executive Director Baguilat of
affected trees, among others, be the Department of Environment and
included in the Environmental Natural Resources-Cordillera
Performance Report and Management Administrative Region gave the go-signal
Plan; SM Investments Corporation to earth-ball the trees.
submitted the revised Environmental
Meanwhile, the trial court had begun
Performance Report and Management
conducting hearings on the prayer for a
Plan.
temporary environmental protection
DENR granted the request, from then order. As this was pending resolution,
Department of Environment and Natural Cordillera Global Network filed on April
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10, 2012 an Urgent Motion for the The Regional Trial Court held that
Issuance of the Temporary Cordillera Global Network and Adajar,
Environmental Protection Order with a et al. possessed the necessary
Prayer for the Conduct of an Ocular personality to file the environmental
Inspection. cases under the principle of
transcendental importance. However,
That same day, the trial court
their cases did not fall under any of the
granted the Motion and issued a
exceptions to the rule on exhaustion
Temporary Environmental Protection
of administrative remedies. Thus, the
Order effective for 72 hours.
cases were dismissible on procedural
Upon receipt of the Temporary grounds.
Environmental Protection Order on April
CA upheld the decision of the
11, 2012, SM Investments Corporation
RTC. Court of Appeals held that
ceased its earth-balling and transplanting
Cordillera Global Network and Adajar, et
operations.
al. failed to rebut the presumption of
On April 13, 2012, Cordillera Global regularity of official acts. It explained that
Network filed a Motion to extend the they failed to prove their allegations of
Temporary Environmental Protection irregularity in the issuance of the
Order. amended Environmental Compliance
Certificate, building permit, and tree-
That same day, the trial court extended cutting and earth-balling permit.
the effectivity of the Temporary
Environmental Protection Order to cover - - - -- --
the pendency of the court proceedings in
Cordillera et.al, filed a petition to the
Case No. 7595-R.
SC, and asked for another TEPO.
Adajar, et al. filed a new Complaint (the
- - - -- - - - - - -- -
second environmental case) against
SM Supermalls, SM Prime Holdings, Inc., ISSUE:
and Regional Executive Director
Third, whether or not the Petition should
Baguilat.
be dismissed for its failure to observe the
- - - - - - -- -- -- rule on exhaustion of administrative
remedies and the doctrine of primary
Cordillera Global Network and Adajar, et
jurisdiction; and
al. both alleged that the cutting or earth-
balling of the 182 trees on Luneta Hill Finally, whether or not the assailed
would severely damage the environment permits issued in favor of private
and health of Baguio City residents. They respondents were validly and regularly
also assailed the regularity of the issued
permits issued, further claiming that the
Expansion Project violated zoning and
environmental laws.
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RULING: Said principle may also be

disregarded when it does not
The general rule is to first exhaust the
provide a plain, speedy and
available administrative remedies before
adequate remedy, . . .
a party can bring the case to a court for
judicial review." In connection with the when there is no due process
rule on exhaustion of administrative observed . . . or
remedies is the doctrine of primary
where the protestant has no
jurisdiction. Under this doctrine, courts
other recourse . . .
will hold off from determining a
controversy involving a question within Petitioners failed to support their
the jurisdiction of an administrative allegation that the issued locational
agency, particularly when its resolution clearances were improperly issued.
demands the "special knowledge,
experience[,] and services of the As the agency mandated with
administrative tribunal to determine establishing standards and guidelines for
technical and intricate matters of fact." land use plans and zoning ordinances,
the Housing and Land [Use Regulatory
the rule on exhaustion of Board has the necessary knowledge and
administrative remedies is not a hard expertise to pass judgment upon
and fast rule. It may be disregarded when questions within its sphere of expertise.
any of the following exceptions are
present: Questions on which zone the SM Pines
Resort Project and Expansion Project
It is not applicable correctly belonged in, and whether their
locational clearances were validly issued,
(1) where the question in dispute
should have been raised before the
is purely a legal one, or
agency.
(2) where the controverted act is
Private respondent SM Investments
patently illegal or was performed
Corporation complied by submitting a
without jurisdiction or in excess of
revised Environmental Performance
jurisdiction; or
Report and Management Plan. However,
(3) where the respondent is a while the document contained a detailed
department secretary, whose acts inventory of the trees that would be
as an alter ego of the President affected by the Expansion Project, it did
bear the implied or assumed not provide relevant information as to
approval of the latter, unless whether the trees were planted or
actually disapproved by him, or naturally grown.
(4) where there are circumstances The missing information is crucial to
indicating the urgency of judicial determine if the affected trees were
intervention . . . . part of a natural and residual forest,
which means it was "composed of
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indigenous trees, not planted by While this Court acknowledges and lauds
man[,]" putting them under the coverage private respondents efforts to plant a
of Executive Order No. 23, series of considerable amount of pine seedlings in
2011. and around Baguio City, it cannot make
up for the removal or replanting of the
Recognizing the State's role in
trees affected by the Expansion Project,
preserving the remaining forest cover
which was patently illegal.
areas, then President Benigno S. Aquino
III, through Executive Secretary Paquito This Court has, time and again,
N. Ochoa, issued on February 1, 2011 considered that the words in Article 11,
Executive Order No. 23, which declared Section 16 of the Constitution are not
a moratorium on the cutting of timber in mere shibboleths:
natural and residual forests for any
SECTION 16. The State shall
purpose.
protect and advance the right of
The necessity of a separate the people to a balanced and
environmental compliance certificate is healthful ecology in accord with
evident as the original Environmental the rhythm and harmony of nature.
Compliance Certificate only
While the provision does not contain a
contemplated the removal of 112 trees
specific act required by the State, it
for the entire SM Pines Resort Project.
certainly mandates the sensitivity of both
Meanwhile, the amended the Department of Environment and
Environmental Compliance Certificate Natural Resources and our courts to
issued for the Expansion Project acquire a standpoint that is protective of
considered the environmental impact of our ecology.
the "additional parking levels, retail
Shortcuts into the process through which
shops[,] and restaurants; and
the State assures minimal impact on the
construction of a new 1,200 m3/day
environment, weighed against the profits
capacity Sewage Treatment Plant" but
to be generated by businesses, must not
did not account for removing an
be tolerated.
additional 182 Benguet pine and Alnus
trees. Commerce is important for human
survival, but so is ecology.
Notably, the plan on the affected trees in
the revised Environmental Performance The TEPO previously issued was
Report and Management Plan, in support converted into a PEPO.
of the application for an amended
environmental compliance certificate,
seemed to be a mere afterthought, as
shown by the lack of a solid strategy in
place:
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Dolot v. Paje, G.R. No. 199199, (5) Sorsogon Governor Raul Lee
August 27, 2013 and his predecessor Sally Lee
issued to the operators a small-
FACTS: scale mining permit, which they
did not have authority to issue;
petitioner Maricris D. Dolot (Dolot),
together with the parish priest of the (6) the representatives of the
Holy Infant Jesus Parish and the Presidential Management Staff
officers of Alyansa Laban sa Mina sa and the Department of
Matnog (petitioners), filed a petition for Environment and Natural
continuing mandamus, damages and Resources (DENR), despite
attorney’s fees with the RTC of knowledge, did not do anything to
Sorsogon, protect the interest of the people
following pertinent allegations: of Matnog; and
(7) the respondents violated
(1) sometime in 2009, they
protested the iron ore mining Republic Act (R.A.) No. 7076 or
the People’s Small-Scale
operations being conducted by
Antones Enterprises, Global Mining Act of 1991, R.A. No.
7942 or the Philippine Mining
Summit Mines Development
Act of 1995, and the Local
Corporation and TR Ore in
Government Code.
Barangays Balocawe and Bon-ot
Daco, located in the Municipality they prayed for the following reliefs:
of Matnog, to no avail;
(1) the issuance of a writ
(2) Matnog is located in the commanding the respondents to
southern tip of Luzon and there is immediately stop the mining
a need to protect, preserve and operations in the Municipality of
maintain the geological foundation Matnog;
of the municipality;
(2) the issuance of a temporary
(3) Matnog is susceptible to environment protection order or
flooding and landslides, and TEPO;
confronted with the environmental
dangers of flood hazard, (3) the creation of an inter-agency
liquefaction, ground settlement, group to undertake the
ground subsidence and landslide rehabilitation of the mining site;
hazard; (4) award of damages; and
(4) after investigation, they (5) return of the iron ore, among
learned that the mining operators others.
did not have the required permit to
operate; RTC Sorsogon where the case was
referred to as an environmental court,
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dismissed the case for lack of jurisdiction. determining whether it had jurisdiction
further ruled that: over the action filed by the petitioners.
(1) there was no final court None is more well-settled than the rule
decree, order or decision yet that that jurisdiction, which is the power and
the public officials allegedly failed authority of the court to hear, try and
to act on, which is a condition for decide a case, is conferred by law.
the issuance of the writ of
Consequently, the RTC’s motu proprio
continuing mandamus;
dismissal of Civil Case No. 2011-8338 on
(2) the case was prematurely filed the ground of lack of jurisdiction is
as the petitioners therein failed to patently incorrect.
exhaust their administrative
At most, the error committed by the
remedies; and
petitioners in filing the case with the RTC
(3) they also failed to attach of Sorsogon was that of improper venue.
judicial affidavits and furnish a A.M. No. 09-6-8-SC or the Rules of
copy of the complaint to the Procedure for Environmental Cases
government or appropriate (Rules) specifically states that a special
agency, as required by the rules civil action for continuing mandamus
shall be filed with the "[RTC] exercising
jurisdiction over the territory where the
ISSUE: actionable neglect or omission occurred
x x x."
whether the petition is dismissible on the
grounds that: In this case, it appears that the alleged
actionable neglect or omission occurred
(1) there is no final court decree, order or in the Municipality of Matnog and as
decision that the public officials allegedly such, the petition should have been filed
failed to act on; in the RTC of Irosin.
(2) the case was prematurely filed for But even then, it does not warrant the
failure to exhaust administrative outright dismissal of the petition by the
remedies; and RTC as venue may be waived. Moreover,
(3) the petitioners failed to attach judicial the action filed by the petitioners is not
affidavits and furnish a copy of the criminal in nature where venue is an
complaint to the government or essential element of jurisdiction.
appropriate agency.
Rule 8 of the Rules, the writ of

RULING: continuing mandamus enjoys a distinct
procedure than that of ordinary civil
The RTC cannot solely rely on SC A.O. actions for the enforcement/violation of
No. 7 and Admin. Circular No. 23-2008
and confine itself within its four corners in
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environmental laws, which are covered unlawfully neglects the

by Part II (Civil Procedure). performance of an act or
unlawfully excludes another from
Similar to the procedure under Rule 65
the use or enjoyment of a right;
of the Rules of Court for special civil
actions for certiorari, prohibition and (2) the act to be performed by the
mandamus, Section 4, Rule 8 of the government agency,
Rules requires that the petition filed instrumentality or its officer is
should be sufficient in form and specifically enjoined by law as a
substance before a court may take duty;
further action; otherwise, the court may
(3) such duty results from an
dismiss the petition outright. Courts must
office, trust or station in
be cautioned, however, that the
connection with the enforcement
determination to give due course to the
or violation of an environmental
petition or dismiss it outright is an
law, rule or regulation or a right
exercise of discretion that must be
therein; and
applied in a reasonable manner in
consonance with the spirit of the law and (4) there is no other plain, speedy
always with the view in mind of seeing to and adequate remedy in the
it that justice is served. course of law.
Sufficiency in form and substance refers A writ of continuing mandamus is, in
to the contents of the petition filed under essence, a command of continuing
Rule 8, Section 1: compliance with a final judgment as it
"permits the court to retain jurisdiction
On matters of form, the petition must be
after judgment in order to ensure the
verified and must contain supporting
successful implementation of the reliefs
evidence as well as a sworn certification
mandated under the court’s decision."
of non-forum shopping. It is also
necessary that the petitioner must be one The Court, likewise, cannot sustain the
who is aggrieved by an act or omission of argument that the petitioners should
the government agency, instrumentality have first filed a case with the Panel of
or its officer concerned. Arbitrators (Panel), which has jurisdiction
over mining disputes under R.A. No.
Sufficiency of substance, on the other
7942
hand, necessitates that the petition must
contain substantive allegations the petition filed below does not involve a
specifically constituting an actionable mining dispute.
neglect or omission and must establish,
at the very least, a prima facie basis for What was being protested are the
the issuance of the writ, viz: alleged negative environmental impact of
the small-scale mining operation being
(1) an agency or instrumentality of conducted by Antones Enterprises,
government or its officer Global Summit Mines Development
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Corporation and TR Ore in the an end to litigation and the parties’ right
Municipality of Matnog; the authority of to an opportunity to be heard."
the Governor of Sorsogon to issue
mining permits in favor of these entities;
and the perceived indifference of the Zabal v. Duterte, February 12,
DENR and local government officials 2019, G.R. No. 238467
over the issue. Resolution of these
matters does not entail the technical FACTS:
knowledge and expertise of the members Petition for Prohibition and Mandamus
of the Panel but requires an exercise of with Application for Temporary
judicial function. Restraining Order, Preliminary
the RTC erred in ruling that the petition is Injunction, and/or Status Quo Ante Order
infirm for failure to attach judicial filed by petitioners Mark Anthony V.
affidavits. Zabal (Zabal), Thiting Estoso Jacosalem
(Jacosalem), and Odon S. Bandiola
As previously stated, Rule 8 requires that (Bandiola) against respondents
the petition should be verified, contain President Rodrigo R. Duterte (President
supporting evidence and must be Duterte ), Executive Secretary Salvador
accompanied by a sworn certification of C. Medialdea, and Secretary Eduardo M.
non-forum shopping. There is nothing in Año of the Department of Interior and
Rule 8 that compels the inclusion of Local Government (DILG)
judicial affidavits, albeit not prohibited. It
is only if the evidence of the petitioner - - - - - -- -- -
would consist of testimony of witnesses Zabal and Jacosalem are both residents
that it would be the time that judicial of Boracay, Zabal claims to build
affidavits (affidavits of witnesses in the sandcastles for tourists while Jacosalem
question and answer form) must be drives for tourists and workers in the
attached to the petition/complaint. island, Bandiola, for his part, claims to
Finally, failure to furnish a copy of the occasionally visit Boracay for business
petition to the respondents is not a fatal and pleasure.
defect such that the case should be President Duterte ordered the shutting
dismissed. down of the island in a cabinet meeting
The RTC could have just required the held on April 4, 2018. This was confirmed
petitioners to furnish a copy of the by then Presidential Spokesperson Harry
petition to the respondents. It should be L. Roque, Jr. in a press briefing the
remembered that "courts are not following day wherein he formally
enslaved by technicalities, and they have announced that the total closure of
the prerogative to relax compliance with Boracay would be for a maximum
procedural rules of even the most period of six months starting April 26,
mandatory character, mindful of the duty 2018.
to reconcile both the need to speedily put
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Petitioners claim that ever since the news petitioners argue that Proclamation No. 475
of Boracay's closure came about, fewer is an invalid exercise of legislative powers.
tourists had been engaging the services They posit that its issuance is in truth a law-
of Zabal and Jacosalem such that their making exercise since the proclamation
imposed a restriction on the right to travel
earnings were barely enough to feed
and therefore substantially altered the
their families. They fear that if the closure
relationship between the State and its people
pushes through, they would suffer grave by increasing the former's power over the
and irreparable damage. Hence, despite latter.
the fact that the government was then yet
to release a formal issuance on the Moreover, while Proclamation No. 475 cites
matter, petitioners filed the petition on various violations of environmental laws in
the island, these, for the petitioners, do not
April 25, 2018
justify disregard of the rights of thousands of
Petitioners filed a Supplemental law-abiding people. They contend that
Petition stating that the day following the environmental laws provide for specific
filing of their original petition or on April penalties intended only for violators. Verily,
to make those innocent of environmental
26, 2018, President Duterte issued
transgressions suffer the consequences of
Proclamation No. 475 formally
the Boracay closure is tantamount to
declaring a state of calamity in violating their right to due process.
Boracay and ordering its closure for
six months from April 26, 2018 to - - - -- - - - - -
October 25, 2018. These, according to respondents, have
The closure was implemented on even rendered improper the issuance of a writ of
prohibition considering that as a rule,
date. Thus, in addition to what they
prohibition does not lie to restrain an act
prayed for in their original petition, that is already fait accompli.
petitioners implore the Court to declare
as unconstitutional Proclamation No. Neither is mandamus proper. Section 3,
475 insofar as it orders the closure of Rule 65 of the Rules of Court provides that
Boracay and ban of tourists and a mandamus petition may be resorted to
when any tribunal, corporation, board, officer
nonresidents therefrom.
or person unlawfully neglects the
- - -- -- - - - - - performance of an act which the law
specifically enjoins as a duty resulting from
Petitioners state that a petition for an office, trust, or station.
prohibition is the appropriate remedy to
raise constitutional issues and to review Respondents argue that mandamus will not
and/or prohibit or nullify, when proper, acts of lie in this case because they were not
legislative and executive officials. neglectful of their duty to protect the
environment; on the contrary, they
An action for mandamus, on the other conscientiously performed what they were
hand, lies against a respondent who supposed to do by ordering the closure of
unlawfully excludes another from the Boracay to give way to its rehabilitation.
enjoyment of an entitled right or office. Thus, to them, mandamus is obviously
inappropriate.
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Respondents moreover maintain that the Rules of Procedure for Environmental

petition is in the nature of a Strategic Lawsuit Cases should not, therefore, be made to
Against Public Participation (SLAPP) under apply.
Rule 6 of A.M. No. 09-6-8-SC or the Rules
Concerned government agencies shall, as
of Procedure for Environmental Cases, or
may be necessary or appropriate, undertake
a legal action filed to harass, vex, exert
the remedial measures during a State of
undue pressure or stifle any legal recourse
Calamity as provided in RA No. 10121 and
that any person, institution or the government
other applicable laws, rules and regulations,
has taken or may take in the enforcement of
such as control of the prices of basic goods
environmental laws, protection of the
and commodities for the affected areas,
environment or assertion of environmental
rights. employment of negotiated procurement and
utilization of appropriate funds, including the
Respondents thus assert that the petition National Disaster Risk Reduction and
must be dismissed since it was filed for the Management Fund, for relief and
said sole purpose. rehabilitation efforts in the area.
ISSUE: Proclamation No. 475 does not pose an
actual impairment on the right to travel
Were Zabal et.al correct in filing for a petiton
for writ of prohibition and mandamus The activities proposed to be undertaken to
rehabilitate Boracay involved inspection,
Was ther an actual controversy
testing, demolition, relocation, and
Is PN 475 constitutional construction.
RULING: These could not have been implemented

freely and smoothly with tourists coming
"Indeed, prohibition is a preventive remedy in and out of the island not only because of
seeking that a judgment be rendered the possible disruption that they may cause
directing the defendant to desist from to the works being undertaken, but primarily
continuing with the commission of an act because their safety and convenience might
perceived to be illegal. As a rule, the proper be compromised.
function of a writ of prohibition is to prevent
the performance of an act which is about to the contaminated waters in the island were
be done. It is not intended to provide a not just confined to a small manageable
remedy for acts already accomplished. " area. The excessive water pollutants were all
over Bolabog beach and the numerous illegal
mandamus will lie if the tribunal, corporation, drainpipes connected to and discharging
board, officer, or person unlawfully neglects wastewater over it originate from different
the performance of an act which the law parts of the island.
enjoins as a duty resulting from an office,
trust, or station." Indeed, the activities occasioned by the
necessary digging of these pipes and the
Suffice it to state that while this case touches isolation of the contaminated beach waters to
on the environmental issues in Boracay, the give way to treatment could not be done in
ultimate issue for resolution is the the presence of tourists.
constitutionality of Proclamation No. 475.
The procedure in the treatment of a defense hotels, inns, and other accommodations
of SLAPP provided for under Rule 6 of the may not be available as they would all be
MNI NOTES|157

lOMoARcPSD|18318092
inspected and checked to determine their Tourist arrivals in the island were clearly far
compliance with environmental laws. more than Boracay could handle. As early as
2007, the DENR had already determined this
Moreover, it bears to state that a piece-meal
as the major cause of the catastrophic
closure of portions of the island would not depletion of the island's biodiversity.
suffice since as mentioned, illegal drainpipes
extend to the beach from various parts of Also part of the equation is the lack of
Boracay. Also, most areas in the island commitment to effectively enforce pertinent
needed major structural rectifications environmental laws. Unfortunately, direct
because of numerous resorts and tourism action on these matters has been so elusive
facilities which lie along easement areas, that the situation reached a critical level.
illegally reclaimed wetlands, and of forested Hence, by then, only bold and sweeping
areas that were illegally cleared for steps were required by the situation.
construction purposes.
the closure of Boracay, albeit temporarily,
Hence, the need to close the island in its gave the island its much needed breather,
entirety and ban tourists therefrom. and likewise afforded the government the
necessary leeway in its rehabilitation
In fine, this case does not actually involve program.
the right to travel in its essential sense
contrary to what petitioners want to portray. Moreover, as part of the rehabilitation
Any bearing that Proclamation No. 475 may efforts, operations of establishments in
have on the right to travel is merely corollary Boracay had to be halted in the course
to the closure of Boracay and the ban of thereof since majority, if not all of them, need
tourists and non-residents therefrom which to comply with environmental and regulatory
were necessary incidents of the island's requirements in order to align themselves
rehabilitation. with the government's goal to restore
Boracay into normalcy and develop its
Hence, if at all, the impact of Proclamation sustainability.
No. 475 on the right to travel is not direct but
merely consequential; and, the same is only Allowing tourists into the island while it was
for a reasonably short period of time or undergoing necessary rehabilitation would
merely temporary. therefore be pointless as no establishment
would cater to their accommodation and
"Expansive and extensive as its reach may other needs.
be, police power is not a force without
limits." The fact that other government agencies are
involved in the rehabilitation works does not
"It has to be exercised within bounds -
create the inference that the powers and
lawful ends through lawful means, i.e.,
functions of the LGUs are being encroached
that the interests of the public generally, as upon.
distinguished from that of a particular class,
require its exercise, and that the means The respective roles of each government
employed are reasonably necessary for the agency are particularly defined and
accomplishment of the purpose while not enumerated in Executive Order No. 53 and
being unduly oppressive upon individuals." all are in accordance with their respective
mandates.
one of the root causes of the problems that
beset Boracay was tourist influx.
MNI NOTES|158

lOMoARcPSD|18318092
MNI NOTES|159

lOMoARcPSD|18318092
THE REST OF RA 7076 – PEOPLE’S custom mills and to render metallurgical and
SMALL SCALE MINING laboratory services to mines.
Section 16. Ownership of Milllings. – The Custom mills shall be constituted as
small-scale mining contractor shall be the withholding agents for the royalties,
owner of all milllings produced from the production share or other taxes due the
contract area. He may sell thelings or have Government.
them processed in any custom mill in the
Section 19. Government Share and
area: provided, that, if the small-scale mining
Allotment. – The revenue to be derived by
contractor decide to sell its milllings, the
the Government from the operation of the
claimowner shall have a preemptive right to
mining program herein established shall be
purchase said milllings at the prevailing
subject to the sharing provided in the Local
market price.
Government Code.
Section 17. Sale of Gold. – All gold
Section 20. People's Small-scale Mining
produced by small-scale miners in any
Protection Fund. – There is hereby created
mineral area shall be sold to the Central
a People's Small-scale Mining Protection
Bank, or its duly authorized representatives,
Fund which shall be fifteen percent (15%)
which shall buy it at prices competitive with
of the national government's share due
those prevailing in the world market
the Government which shall be used
regardless of volume or weight.
primarily for information dissemination and
The Central Bank shall establish as many training of small-scale miners on safety,
buying stations in gold-rush areas to fully health and environmental protection, and the
service the requirements of the small-scale establishment of mine rescue and recovery
minerals thereat. teams including the procurement of rescue
equipment necessary in cases of
Section 18. Custom Mills. – The
emergencies such as landslides, tunnel
establishment and operation of safe and collapse, or the like.
efficient customs mills to process minerals or
ore-bearing materials shall be limited to The fund shall also be made available to
mineral processing zones duly designated by address the needs of the small-scale miners
the local government unit concerned upon brought about by accidents and/or fortuitous
recommendation of the Board. events.
In mining areas where the private sector is Section 21. Rescission of Contracts and
unable to establish custom mills, the Administrative Fines. – The
Government shall construct such custom noncompliance with the terms and conditions
mills upon the recommendation of the Board of the contract or violation of the rules and
based on the viability of the project. regulations issued by the Secretary pursuant
to this Act, as well as the abandonment of the
The Board shall issue licenses for the
mining site by the contractor, shall constitute
operation of custom mills and other
a ground for the cancellation of the
processing plants subject to pollution control
contracts and the ejectment from the
and safety standards.
people's small-scale mining area of the
The Department shall establish assay contractor. In addition, the Secretary may
laboratories to cross-check the integrity of impose fines against the violator in an
amount of not less than Twenty thousand
MNI NOTES|160

lOMoARcPSD|18318092
pesos (P20,000.00) and not more than One Resources representative as Chairman; and
hundred thousand pesos (P100,000.00). the representative of the governor or city
Nonpayment of the fine imposed shall render mayor, as the representative of the governor
the small-scale mining contractor ineligible or city mayor, as the case may be, one (1)
for other small-scale mining contracts. small scale mining representative, one (1)
big-scale mining representative, and the
Section 23. Actual Occupation by Small-
representative from a nongovernment
scale Miners. – Small-scale miners who
organization who shall come from an
have been in actual operation of mineral
environmental group, as members.
lands on or before August 1, 1987 as
determined by the Board shall not be The representatives from the private sector
dispossessed, ejected or removed from said shall be nominated by their respective
areas: provided, that they comply with the organizations and appointed by the
provisions of this Act. Department regional director. The
Department shall provide the staff support to
Section 24. Provincial/City Mining
the Board.
Regulatory Board. – There is hereby
created under the direct supervision and Section 26. Administrative Supervision
control of the Secretary a provincial/city over the People's Small-scale Mining
mining regulatory board, herein called the Program. – The Secretary through his
Board, which shall be the implementing representative shall exercise direct
agency of the Department, and shall supervision and control over the program
exercise the following powers and and activities of the small-scale miners within
functions, subject to review by the the people's small-scale mining area.
Secretary:
The Secretary shall within ninety (90) days
(a) Declare and segregate existing gold-rush from the effectivity of this Act promulgate
areas for small-scale mining; rules and regulations to effectively implement
the provisions of the same. Priority shall be
(b) Reserve future gold and other mining
given to such rules and regulations that will
areas for small-scale mining;
ensure the least disruption in the operations
(c) Award contracts to small-scale miners; of the small-scale miners.
(d) Formulate and implement rules and Section 27. Penal Sanctions. – Violations
regulations related to small-scale mining; of the provisions of this Act or of the rules and
regulations issued pursuant hereto shall be
(e) Settle disputes, conflicts or litigations over penalized with imprisonment of not less than
conflicting claims within a people's small- six (6) months nor more than six (6) years
scale mining area, an area that is declared a and shall include the confiscation and
small-mining; and seizure of equipment, tools and instruments.
(f) Perform such other functions as may be Section 28. Repealing Clause. – All laws,
necessary to achieve the goals and decrees, letters of instruction, executive
objectives of this Act. orders, rules and regulations, and other
Section 25. Composition of the issuances, or parts thereof, in conflict or
Provincial/City Mining Regulatory inconsistent with this Act are hereby
Board. – The Board shall be composed of repealed or modified accordingly.
the Department of Environment and Natural
MNI NOTES|161

lOMoARcPSD|18318092
Section 29. Separability Clause. – Any

section or provision of this Act which may be
declared unconstitutional shall not affect the
other sections or provisions hereof.
MNI NOTES|162

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Natural Resources and Environmental Law Notes

Bachelors of LAW (San Sebastian College – Recoletos (Manila))

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NATIONAL RESOURCES AND -Its adherents argue that our natural

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-Human beings are only stewards of Section 16

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Article 13 - REGIME OF ISLANDS

Section 6 -baselines over which the

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maritime boundaries with neighboring *PD 1152 – Philippine Environmental

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cities, provinces, and towns in the -It adopts internationally accepted

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Republic Act No. 6969 or the Toxic development plans, poverty

-declares as a policy of the State to a. an orderly system of operation

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-conceived as the country’s response to the Recognizing the vulnerability of the

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(l) Secretary of the Department of Trade and

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physical diversities of the environment e. Protected landscapes and seascapes;

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c. Alienable and disposable lands refer to On October 19, 1998, respondents

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natural resources therein, in violation of protected areas, forest cover or

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Director-LMB v. CA 3. That said land is neither inside the

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Forty-five years later or on January 7, 2003 ISSUE:

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that "property rights within the ancestral Regulations on the Conversion of

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To address the unabated conversion of Being a mere administrative issuance, it

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residential, commercial, industrial, and undergo conversion process before the

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Small-scale mining refers to any single unit Section 5.

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The Bureau of Mines and Geo-Sciences

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RA 7076 – People’s Small-Scale cemetery or burial site, water reservoir or a

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(h) "Claimowner" refers to a holder of an The People's Small-scale Mining Program

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