R.A.

Philippine

Clean

Air

Act

0f

8749 1999

The Clean Air Act was envisioned to fight air pollution by : (1) Reducing emissions from motor vehicles (which account for 8 percent of the air pollution) from factories and power plants (which account for the remaining ! percent)" (!) #mproving fuel $uality to reduce or eliminate lead in gasoline and sulfur in diesel" (%) Reducing traffic congestion and improving traffic flow" (&) 'trengthening $uality monitoring( evaluation and reporting through hi)tech e$uipment" and (*) +reventing other sources of pollution such as incinerators( garbage burning and smo,ing'tudies show that air in .etro .anila is no longer in safe- /orsening air pollution has caused more than 1 ( e0cess cases of acute bronchitis( almost % e0cess cases of asthma and nine e0cess cases of chronic bronchitis- At home( # usually drin, * mg of ascorbic acid but if # have scheduled traveled to .anila( # would always drin, 1 mg of ascorbic acid 1ust to ,eep my self healthy and strengthen my immune system#n an article written by former 'enator Alvare2( 345R destroys spirit and intent of Clean Air Act( he mentioned that motor vehicles being registered must not e0ceed the -* percent carbon dio0ide emission to pass the emission testThis was based on 4uro 1 levels of 1661( a globally accepted emission standards- 7ut the 345R through 3epartment Administrative order no- *1 dated 8ctober ! %( lowered the Act9s allowable carbon mono0ide emission from the 4uro1 standard of -%* percent to -* percent by volume which according to 'enator Alvare2 is way off the Act9s standard and violated some provisions of the law because congress has the e0clusive power to amend the law- And worse( the rela0ed the emission standards indefinitely( setting our anti)pollution program several steps bac,wards- 7ut what is worst to me is that during emission testing( technician in testing center can easily manipulate the results of the test by simply ma,ing ad1ustment on the engine- And this had been the practice by most emission testing center here in 3avao( and # have been a witness to this ,ind of practice being an owner of a private vehicle#n the same column( according to 'enator Alvare2 that many may not ,now but since .ay !*( ! 1( the Clean Air Act calls for a nationwide ban on smo,ing but this has not been thoroughly implemented- :ong time e0posure to direct and side stream tobacco smo,e has been a leading cause of lung cancer and mouth cancer worldwide- #n 3avao City( an ordinance was passed and was enacted into law( prohibiting smo,ing inside public buildings( enclosed places including public vehicles and other means of transportation( any enclosed area outside private residences or private wor,places" and any duly designated enclosed area is strictly prohibited- The initial implementation of the law was very good but it soften when certain personalities (a congressman and #7+ president) were caught smo,ing- #n one daily newspaper #9ve read( a picture of a lawma,er smo,ing inside the session hall( with the caption( ;A :A/.A<4R a :A/7R4A<4R=>ow could we e0pect full and strict and implementation of the law when those who crafted and implemented it were the one9s brea,ing the law- 7ut # am still hoping that as we celebrate the Clean Air .onth this 5ovember( correct implementation of the Act would be in full swingR.A. 9003 AS!E "A#AGE"E#! AC! O$ %000

ECOLOGICAL SOLID

The 4cological 'olid /aste .anagement Act of ! (Republic Act 6 %) passed in ?anuary ! was enacted largely in response to the growing scarcity of disposal sites( particularly in .etro .anila( which resulted in the garbage crisis in the region- The law emphasi2es solid waste avoidance and volume reduction through source reduction and waste minimi2ation measures( with the protection of public health and the environment as the primary goal'olid waste management whose importance is directly related to public health( resource management and utili2ation( and maintaining a clean environment( is necessary in ensuring human development- 'olid waste management benefits the population in many waysA study made in 3avao City indicates that waste segregation at the household level is not widely practiced and waste recycling is minimal- +ast efforts to promote waste segregation at source have failed despite the issuance of city ordinances providing for sanctions and penalties for non)compliance- 'ome reasons that have been cited for the non) compliance include: indifference of local residents to participate in community waste management)related activities( local government collection services9 non)allowance for segregated waste collection( residents9 attitude that government has the sole responsibility over garbage management and lac, of information and education campaignsThe City @overnment admitted that they failed to focus on solid waste management concerns and had difficulty enforcing the policy due to lac, of budget and resources to educate the public on the proper means of disposing garbage in accordance with Republic Act 6 % or the 4cological .anagement :awTo address this problem( # thin, education drive and a budget to teach residents about segregation would be needed7ut even if the public will be educated ( the ne0t problem would be sourcing the money to buy the trash cans and colored plastic needed for the dumping of the segregated waste and it seems that with the worsening economic crisis and unemployment( it is highly li,ely that the trash cans which would be provided for segregated garbage would be stolen and sold- 7arangay officials should campaign for the adoption of segregation among households within their

neighborhood- The Aheart and soulA of RA 6 % is mobili2ing barangay officers and their constituents to ma,e recovery facilities or areas for recycling household waste-

R.A. 9%7& Philippine Clean ater Act Republic Act 6!B* is an act providing for a comprehensive water $uality management- #t primarily attempts to harmoni2e economic growth and environmental concern on waterThe general approach is creation of water $uality management areas (/C.A) by the 3epartment of 4nvironment and 5atural Resources (345R) using physiographic units such as watershed( river basins or water resources regions- The Act directs the 3epartment of +ublic /or,s and >ighways (3+/>) and its attached agencies to prepare a national program on sewerage and septage management and the 3epartment of >ealth (38>) to formulate guidelines and standards for the collection( treatment and disposal of sewage including guidelines for the establishment and operation of centrali2ed sewage treatment system- Durther( the 345R shall establish standards for each significant wastewater parameter per industry sector and implement a wastewater charge system in all management areas through the collection of wastewater chargesEfees- The system shall be established on the basis of payment to the government for discharging wastewater into the water bodiesThe creation of /C.As may be a holistic approach to water body management- >owever( this involves serious coordination wor, and re$uires a big budget- 8n the other hand( since the sewerage and septage management is included( this is an indicator that the government is giving importance to this environmental aspect which has been ta,en for granted for years/ith regards to charges and penalties( it follows the ;polluter pays principle=( which basically means that the more you pollute( the more you pay to the government- Though this may be a better approach( there would also be a tendency that industries would pass on the charges to their consumers through increase in the prices of their products- 5evertheless( the incentives lined up in the Act may also serve as come)on to industries to adhere to a cleaner and environment)friendly production process:astly( because the approach is holistic and comprehensive( it is important that there is a strong lin,age and funding mechanism-

Republic Act No. 8749

June 23, 1999

AN ACT PROVIDIN !OR A CO"PR#$#N%IV# AIR PO&&'TION CONTRO& PO&IC( AND !OR OT$#R P'RPO%#% Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: : C)*pte+ 1 ene+*l P+o,i-ionA+ticle One .*-ic Ai+ /u*lit0 Policie%ection 1. Sh'rt !itle. ) This Act shall be ,nown as the 1Philippine Clean Air Act 'f 1999.1 %ection 2. Declarati'n 'f Principle(. ) The 'tate shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of natureThe 'tate shall promote and protect the global environment to attain sustainable development while recogni2ing the primary responsibility of local government units to deal with environmental problemsThe 'tate recogni2es that the responsibility of cleaning the habitat and environment is primarily area)basedThe 'tate also recogni2es the principle that Apolluters must payADinally( the 'tate recogni2es that a clean and healthy environment is for the good of all and should( therefore( be the concern of all%ection 3. Declarati'n 'f P'licie(. ) The 'tate shall pursue a policy of balancing development and environmental protection- To achieve this end( the frame wor, for sustainable development shall be pursued- #t shall be the policy of the 'tate to: (a) Dormulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities" (b) 4ncourage cooperation and self)regulation among citi2ens and industries through the application of mar,et)based instruments" (c) Docus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution" (d) +romote public information and education and to encourage the participation of an informed and active public in air $uality planning and monitoring" and (e) Dormulate and enforce a system of accountability for short and long)term adverse environmental impact of a pro1ect( program or activity- This shall include the setting up of a funding or guarantee mechanism for clean)up and environmental rehabilitation and compensation for personal damages%ection 4. Rec')niti'n 'f Ri)ht(. ) +ursuant to the above)declared principles( the following rights of citi2ens are hereby sought to be recogni2ed and the 'tate shall see, to guarantee their en1oyment: (a) The right to breathe clean air" (b) The right to utili2e and en1oy all natural resources according to the principles of sustainable development" (c) The right to participate in the formulation( planning( implementation and monitoring of environmental policies and programs and in the decision)ma,ing process" (d) The right to participate in the decision)ma,ing process concerning development policies( plans and programs pro1ects or activities that may have adverse impact on the environment and public health" (e) The right to be informed of the nature and e0tent of the potential ha2ard of any activity( underta,ing or pro1ect and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or ha2ardous substances" (f) The right of access to public records which a citi2en may need to e0ercise his or her rights effectively under this Act" (g) The right to bring action in court or $uasi)1udicial bodies to en1oin all activities in violation of environmental laws and regulations( to compel the rehabilitation and cleanup of affected area( and to see, the imposition of penal sanctions against violators of environmental laws" and (h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a pro1ect or activityA+ticle T2o De3inition o3 Te+4%ection 5. Definiti'n(. 6 As used in this Act: a) AAir pollutantA means any matter found in the atmosphere other than o0ygen( nitrogen( water vapor( carbon dio0ide( and the inert gases in their natural or normal concentrations( that is detrimental to health or the environment( which includes but not limited to smo,e( dust( soot( cinders( fly ash( solid particles of any ,ind( gases( fumes( chemical mists( steam and radio)active substances" b) AAir pollutionA means any alteration of the physical( chemical and biological properties of the atmospheric air( or any discharge thereto of any li$uid( gaseous or solid substances that will or is li,ely to create or to render the air resources of the country harmful( detrimental( or in1urious to public health( safety or welfare or which will adversely affect their utili2ation for domestic( commercial( industrial( agricultural( recreational( or other legitimate purposes" c) AAmbient air quality guideline values A mean the concentration of air over specified periods classified as short)term and long)term which are intended to serve as goals or ob1ectives for the protection of health andEor public welfareThese values shall be used for air $uality management purposes such as determining time trends( evaluating stages of deterioration or enhancement of the air $uality( and in general( used as basis for ta,ing positive action in preventing( controlling( or abating air pollution" d) AAmbient air qualityA means the general amount of pollution present in a broad area" and refers to the atmosphereFs average purity as distinguished from discharge measurements ta,en at the source of pollution"

e) ACertificate of ConformityA means a certificate issued by the 3epartment of 4nvironment and 5atural Resources to a vehicle manufacturerEassembler or importer certifying that a particular new vehicle or vehicle type meets the re$uirements provided under this Act and its rules and regulations" f) ADepartmentA means the 3epartment of 4nvironment and 5atural Resources" g) A co!profileA means the geographic)based instrument for planners and decision)ma,ers which present an evaluation of the environmental $uality and carrying capacity of an area- #t is the result of the integration of primary and secondary data and information on natural resources and anthropogenic activities on the land which are evaluated by various environmental ris, assessment and forecasting methodologies that enable the 3epartment to anticipate the type of development control necessary in the planning area" h) A missionA means any air contaminant( pollutant( gas stream or unwanted sound from a ,nown source which is passed into the atmosphere" i) A"reenhouse gasesA mean those gases that can potentially or can reasonably be e0pected to induce global warming( which include carbon dio0ide( methane( o0ides of nitrogen( chlorofluorocarbons( and the li,e" 1) AHa#ardous substances A mean those substances which present either: (1) short)term acute ha2ards such as acute to0icity by ingestion( inhalation( or s,in absorption( corrosivity or other s,in or eye contact ha2ard or the ris, of fire e0plosion" or (!) longterm to0icity upon repeated e0posure( carcinogenicity (which in some cases result in acute e0posure but with a long latent period)( resistance to deto0ification process such as biodegradation( the potential to pollute underground or surface waters" ,) A$nfectious %asteA means that portion of medical waste that could transmit an infectious disease" l) A&edical %asteA means the materials generated as a result of patient diagnosis( treatment( or immuni2ation of human beings or animals" m) A&obile sourceA means any vehicle propelled by or through combustion of carbon)based or other fuel( constructed and operated principally for the conveyance of persons or the transportation of property goods" n) A&otor vehicleA means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power( constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use" o) A&unicipal %asteA means the waste materials generated from communities within a specific locality" p) A'e% vehicleA means a vehicle constructed entirely from new parts that has never been sold or registered with the 38TC or with the appropriate agency or authority( and operated on the highways of the +hilippines( any foreign state or country" $) A(ctane Rating or the Anti!)noc* $nde+,A)$-A means the rating of the anti),noc, characteristics of a grade or type of automotive gasoline as determined by dividing by two (!) the sum of the Research 8ctane 5umber (R85)( plus the .otor 8ctane 5umber (.85)" the octane re$uirement( with respect to automotive gasoline for use in a motor vehicle or a class thereof( whether imported( manufactured( or assembled by a manufacturer( shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle( or a substantial portion of such class( without ,noc,ing" r) A(#one Depleting Substances (83')A means those substances that significantly deplete or otherwise modify the o2one layer in a manner that is li,ely to result in adverse effects of human health and the environment such as( but not limited to( chloroflourocarbons( halons and the li,e" s) APersistent (rganic Pollutants (+8+s)A means the organic compounds that persist in the environment( bioaccumulate through the food web( and pose a ris, of causing adverse effects to human health and the environment- These compounds resist photolytic( chemical and biological degradation( which shall include but not be limited to dio0in( furan( +olychlorinated 7iphenyls (+C7s)( organochlorine pesticides( such as aldrin( dieldrin( 33T( he0achloroben2ene( lindane( to0aphere and chlordane" t) APoisonous and to+ic fumesA means any emissions and fumes which are beyond internationally ) accepted standards( including but not limited to the /orld >ealth 8rgani2ation (/>8) guideline values" u) APollution control deviceA means any device or apparatus used to prevent( control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the 3epartment" v) APollution control technology A means the pollution control devices( production process( fuel combustion processes or other means that effectively prevent or reduce emissions or effluent" w) AStandard of performanceA means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the application of the best system of emission reduction( ta,ing into account the cost of achieving such reduction and any non)air $uality health and environmental impact and energy re$uirement which the 3epartment determines( and ade$uately demonstrates" and 0) AStationary sourceA means any building or immobile structure( facility or installation which emits or may emit any air pollutantC)*pte+ 2 Ai+ /u*lit0 "*n*7e4ent %0-te4 A+ticle One ene+*l P+o,i-ion%ection 8. Air *+alit, "'nit'rin) an- Inf'r.ati'n #et/'r0 . 6 The 3epartment shall prepare an annual 5ational Air Cuality 'tatus Report which shall be used as the basis in formulating the #ntegrated Air Cuality #mprovement Dramewor,( as provided for in 'ec- B- The said report shall include( but shall not be limited to the following: a) 40tent of pollution in the country( per type of pollutant and per type of source( based on reports of the 3epartment9s monitoring stations"

b) Analysis and evaluation of the current state( trends and pro1ections of air pollution at the various levels provided herein" c) #dentification of critical areas( activities( or pro1ects which will need closer monitoring or regulation" d) Recommendations for necessary e0ecutive and legislative action" and e) 8ther pertinent $ualitative and $uantitative information concerning the e0tent of air pollution and the air $uality performance rating of industries in the countryThe 3epartment( in cooperation with the 5ational 'tatistical Coordination 7oard (5'C7)( shall design and develop an information networ, for data storage( retrieval and e0changeThe 3epartment shall serve as the central depository of all data and information related to air $uality%ection 7. Inte)rate- Air *+alit, I.pr'1e.ent $ra.e/'r0. ) The 3epartment shall within si0 (G) months after the effectivity of this Act( establish( with the participation of :@Hs( 5@8s( +8s( the academe and other concerned entities from the private sector( formulate and implement the #ntegrated Air Cuality #mprovement Dramewor, for a comprehensive air pollution management and control program- The framewor, shall( among others( prescribe the emission reduction goals using permissible standards( control strategies and control measures to underta,en within a specified time period( including cost)effective use of economic incentives( management strategies( collective actions( and environmental education and informationThe #ntegrated Air Cuality #mprovement Dramewor, shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air $uality standards%ection 8. Air *+alit, C'ntr'l Acti'n Plan . ) /ithin si0 (G) months after the formulation of the framewor,( the 3epartment shall( with public participation( formulate and implement an air $uality control action plan consistent with 'ec- B of this Act- The action plan shall: a) #nclude enforceable emission limitations and other control measures( means or techni$ues( as well as schedules and time tables for compliance( as may be necessary or appropriate to meet the applicable re$uirements of this Act" b) +rovide for the establishment and operation of appropriate devices( methods( systems and procedures necessary to monitor( compile and analy2e data on ambient air $uality" c) #nclude a program to provide for the following: (1) enforcement of the measures described in subparagraph IaJ" (!) regulation of the modification and construction of any stationary source within the areas covered by the plan( in accordance with land use policy to ensure that ambient air $uality standards are achieved" d) Contain ade$uate provisions( consistent with the provisions of this Act( prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non)attainment or will interfere with the maintenance by the 3epartment of any such ambient air $uality standard re$uired to be included in the implementation plan to prevent significant deterioration of air $uality or to protect visibility" e) #nclude control strategies and control measures to be underta,en within a specified time period( including cost effective use of economic incentives( management strategies( collection action and environmental education and information" f) 3esignate airsheds" and g) All other measures necessary for the effective control and abatement of air pollutionThe adoption of the plan shall clarify the legal effects on the financial( manpower and budgetary resources of the affected government agencies( and on the alignment of their programs with the plans#n addition to direct regulations( the plan shall be characteri2ed by a participatory approach to the pollution problemThe involvement of private entities in the monitoring and testing of emissions from mobile andEor stationary sources shall be considered:i,ewise( the :@H9s( with the assistance from the 3epartment( shall prepare and develop an action plan consistent with the #ntegrated Air Cuality #mprovement Dramewor, to attain and maintain the ambient air $uality standards within their respective airsheds as provided in 'ec- 6 hereofThe local government units shall develop and submit to the 3epartment a procedure for carrying out the action plan for their 1urisdiction- The 3epartment( however( shall maintain its authority to independently inspect the enforcement procedure adopted- The 3epartment shall have the power to closely supervise all or parts of the air $uality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the 3epartmentA multi)sectoral monitoring team with broad public representation shall be convened by the 3epartment for each :@H to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits%ection 9. Air(he-(. ) +ursuant to 'ec- 8 of this Act( the designation of airsheds shall be on the basis of( but not limited to( areas with similar climate( meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere( or areas which share common interest or face similar development programs( prospects or problemsDor a more effective air $uality management( a system of planning and coordination shall be established and a common action plan shall be formulated for each airshedTo effectively carry out the formulated action plans( a @overning 7oard is hereby created( hereinafter referred to as the 7oardThe 7oard shall be headed by the 'ecretary of the 3epartment of 4nvironment and 5atural Resources as chairmanThe members shall be as follows: a) +rovincial @overnors from areas belonging to the airshed" b) CityE.unicipal .ayors from areas belonging to the airshed" c) A representative from each concerned government agency"

d) Representatives from people9s organi2ations" e) Representatives from non)government organi2ations" and f) Representatives from the private sectorThe 7oard shall perform the following functions: a) Dormulation of policies" b) +reparation of a common action plan" c) Coordination of functions among its members" and d) 'ubmission and publication of an annual Air Cuality 'tatus Report for each airshedHpon consultation with appropriate local government authorities( the 3epartment shall( from time to time( revise the designation of airsheds utili2ing eco)profiling techni$ues and underta,ing scientific studies4missions trading may be allowed among pollution sources within an airshed%ection 19. "ana)e.ent 'f #'n2attain.ent Area( . ) The 3epartment shall designate areas where specific pollutants have already e0ceeded ambient standards as non)attainment areas- The 3epartment shall prepare and implement a program that will prohibit new sources of e0ceeded air pollutant without a corresponding reduction in e0isting resources#n coordination with other appropriate government agencies( the :@Hs shall prepare and implement a program and other measures including relocation( whenever necessary( to protect the health and welfare of residents in the areaDor those designated as nonattainment areas( the 3epartment( after consultation with local government authorities( nongovernment organi2ations (5@8s)( people9s organi2ations (+8s) and concerned sectors may revise the designation of such areas and e0pand its coverage to cover larger areas depending on the condition of the areas%ection 11. Air *+alit, C'ntr'l !echni3+e( . ) 'imultaneous with the issuance of the guideline values and standards( the 3epartment( through the research and development program contained in this Act and upon consultation with appropriate advisory committees( government agencies and :@Hs( shall issue( and from time to time( revise information on air pollution control techni$ues- 'uch information shall include: (a) 7est available technology and alternative methods of prevention( management and control of air pollution" (b) 7est available technology economically achievable which shall refer to the technological basisEstandards for emission limits applicable to e0isting( direct industrial emitters of nonconventional and to0ic pollutants" and (c) Alternative fuels( processes and operating methods which will result in the eliminator or significant reduction of emissions'uch information may also include data relating to the cost of installation and operation( energy re$uirements( emission reduction benefits( and environmental impact or the emission control technologyThe issuance of air $uality guideline values( standards and information on air $uality control techni$ues shall be made available to the general public: Provided. That the issuance of information on air $uality control techni$ues shall not be construed as re$uiring the purchase of certain pollution control devices by the public%ection 12. A.4ient Air *+alit, G+i-eline 5al+e( an- Stan-ar-( . ) The 3epartment( in coordination with other concerned agencies( shall review and or revise and publish annually a list of ha2ardous air pollutants with corresponding ambient guideline values andEor standard necessary to protect health and safety( and general welfareThe initial list and values of the ha2ardous air pollutants shall be as follows: (a) Dor 5ational Ambient Air Cuality @uideline for Criteria +ollutants: 'hort Term +ollutants
a

:ong Term KgE5cm ppm Averaging Time KgE5cm

ppm

Averaging Time

'uspended +articulate .atterc )T'+ )+.)1 'ulfur 3io0idec 5itrogen 3io0ide +hotochemical 80idants As 82one Carbon .ono0ide !% 1* 18 1* 1& G %* mgE5cm 1 mgE5cm :eadg
a b d f

!& hours !& hours - B - 8 - B - % % 6 )))) !& hours !& hours 1 hour 8 hours 1 hour 8 hours % monthsg

6 G 8 )))) )))) )))) )))) )))) 1-

)))) )))) - % )))) )))) )))) )))) )))) ))))

1 yeare 1 yeare 1 year )))) )))) )))) )))) )))) 1 year

1-*

.a0imum limits represented by ninety)eight percentile (68L) values not to be e0ceed more than once a yearArithmetic mean c '8! and 'uspended +articulate matter are sampled once every si0 days when using the manual methods- A minimum of twelve sampling days per $uarter of forty)eight sampling days each year is re$uired for these methods3aily sampling may be done in the future once continuous analy2ers are procured and become available-

d e

:imits for Total 'uspended +articulate .atter with mass median diameter less than !*)* umAnnual @eometric .ean f +rovisional limits for 'uspended +articulate .atter with mass median diameter less than 1 microns and below until sufficient monitoring data are gathered to base a proper guidelineg 4valuation of this guideline is carried out for !&)hour averaging time and averaged over three moving calendar months- The monitored average value for any three months shall not e0ceed the guideline value(b) Dor 5ational Ambient Air Cuality 'tandards for 'ource 'pecific Air +ollutants from #ndustrial 'ourcesE8perations: +ollutants1 Concentration! KE5cm 1- Ammonia !- Carbon 3isulfide %- Chlorine and Chlorine Compounds e0pressed as Cl! &- Dormaldehyde *>ydrogen Chloride G'ulfide B- :ead 8- 5itrogen 3io0ide 6- +henol 1 - 'ulfur 3io0ide 11'uspended +articulate .atter) T'+
1

Averaging time (min-)

.ethod of .easurement%

AnalysisE

ppm -!8 - 1 - % % % * 5esseleri2ationE #ndo +henol Tischer .ethod .ethyl 8range

! % 1

* ! 1

- & -1% - B

% % % %

Chromotropic acid .ethod or .7T> Colorimetric .ethod Molhard Titration with #odine 'olution .ethylene 7lue AA'c @reiss) 'alt2man &)Aminoantiphyrine Colorimetric)+ararosaniline @ravimetric

>ydrogen ! %B*(!G 1 &B ( %& %

-! ( -1 & - % -18( -1% ))))

% (G % % (G G

+ertinent ambient standards for Antimony( Arsenic( Cadmium( Asbestos( 5itric Acid and 'ulfuric Acid .ists in the 16B8 5+CC Rules and Regulations may be considered as guides in determining compliance! 5inety)eight percentile (68L) values of % )minute sampling measured at !* C and one atmosphere pressure% 8ther e$uivalent methods approved by the 3epartment may be usedThe basis in setting up the ambient air $uality guideline values and standards shall reflect( among others( the latest scientific ,nowledge including information on: a) Mariable( including atmospheric conditions( which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant" b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare" and c) The ,ind and e0tent of all identifiable effects on public health or welfare which may be e0pected from presence of such pollutant in the ambient air( in varying $uantitiesThe 3epartment shall base such ambient air $uality standards on /orld >ealth 8rgani2ation (/>8) standards( but shall not be limited to nor be less stringent than such standards%ection 13. E.i((i'n Char)e S,(te.. ) The 3epartment( in case of industrial dischargers( and the 3epartment of Transportation and Communication (38TC)( in case of motor vehicle dischargers( shall( based on environmental techni$ues( design( impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system( as the case may be- The system shall encourage the industries and motor vehicles to abate( reduce( or prevent pollution- The basis of the fees include( but is not limited to( the volume and to0icity of any emitted pollutant- #ndustries( which shall install pollution control devices or retrofit their e0isting facilities with mechanisms that reduce pollution shall be entitled to ta0 incentives such as but not limited total credits andEor accelerated depreciation deductions-

%ection 14. Air *+alit, "ana)e.ent $+n- . ) An Air Cuality .anagement Dund to be administered by the 3epartment as a special account in the 5ational Treasury is hereby established to finance containment( removal( and clean)up operations of the @overnment in air pollution cases( guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act( to support research( enforcement and monitoring activities and capabilities of the relevant agencies( as well as to provide technical assistance to the relevant agencies- 'uch fund may li,ewise be allocated per airshed for the underta,ings herein statedThe Dund shall be sourced from the fines imposed and damages awarded to the Republic of the +hilippines by the +ollution Ad1udication 7oard (+A7)( proceeds of licenses and permits issued by the 3epartment under this Act( emission fees and from donations( endowments and grants in the forms of contributions- Contributions to the Dund shall be e0empted from donor ta0es and all other ta0es( charges or fees imposed by the @overnment%ection 15. Air P'll+ti'n Re(earch an- De1el'p.ent Pr')ra. . ) The 3epartment( in coordination with the 3epartment of 'cience and Technology (38'T)( other agencies( the private sector( the academe( 5@89s and +89s( shall establish a 5ational Research and 3evelopment +rogram for the prevention and control of air pollution- The 3epartment shall give special emphasis to research on and the development of improved methods having industry) wide application for the prevention and control of air pollution'uch a research and development program shall develop air $uality guideline values and standards in addition to internationally)accepted standards- #t shall also consider the socio)cultural( political and economic implications of air $uality management and pollution controlA+ticle T2o Ai+ Pollution Cle*+*nce- *n: Pe+4it- 3o+ %t*tion*+0 %ou+ce%ection 18. Per.it(. ) Consistent with the provisions of this Act( the 3epartment shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution'aid permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air $uality standards- These permits shall serve as management tools for the :@Hs in the development of their action plan%ection 17. E.i((i'n *+'ta(. ) The 3epartment may allow each regional industrial center that is designated as special airshed to allocate emission $uotas to pollution sources within its 1urisdiction that $ualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of +residential 3ecree 5o- 1*8G%ection 18. $inancial Lia4ilit, f'r En1ir'n.ental Reha4ilitati'n . ) As part of the environmental management plan attached to the environmental compliance certificate pursuant to +residential 3ecree 5o- 1*8G and rules and regulations set therefor( the 3epartment shall re$uire program and pro1ect proponents to put up financial guarantee mechanisms to finance the needs for emergency response( clean)up rehabilitation of areas that may be damaged during the program or pro1ect9s actual implementation- :iability for damages shall continue even after the termination of a program or pro1ect( where such damages are clearly attributable to that program or pro1ect and for a definite period to be determined by the 3epartment and incorporated into the environmental compliance certificateDinancial liability instruments may be in the form a trust fund( environmental insurance( surety bonds( letters of credit( as well as self)insurance- The choice of the guarantee instruments shall furnish the 3epartment with evidence of availment of such instrumentsA+ticle T)+ee Pollution 3+o4 %t*tion*+0 %ou+ce%ection 19. P'll+ti'n $r'. Stati'nar, S'+rce( . ) The 3epartment shall( within two (!) years from the effectivity of this Act( and every two (!) years thereafter( review( or as the need therefore arises( revise and publish emission standards( to further improve the emission standards for stationary sources of air pollution- 'uch emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards( but not be limited to( nor be less stringent than such standards and with the standards set forth in this section- The standards( whichever is applicable( shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public9s health and welfare/ith respect to any trade( industry( process and fuel)burning e$uipment or industrial plant emitting air pollutants( the concentration at the point of emission shall not e0ceed the following limits: +ollutants 'tandard Applicable to 'ource .a0imum +ermissible :imits (mgE5cm) 1 as 'b 1 as As 1 as Cd * as C8 .ethod of Analysisa

1- Antimony and #ts compounds !- Arsenic compounds and its

Any source Any source Any source Any industrial 'ource

AA'b AA'b AA'b 8rsat analysis

%- Cadmium and its compounds &- Carbon .ono0ide

*- Copper Compounds

and

its

Any industrial source Any source other than the manufacture of Aluminum from Alumina i) @eothermal +ower +lants ii) @eothermal 40ploration and well)testing iii) Any source other than (i) and (ii) Any trade( industry or process Any 'ource

a0 Cu

AA'b Titration with Ammonium Thiocyanate Cadmium 'ulfide .ethod Cadmium 'ulfide .ethod

G- >ydrofluoric Acids and Dluoride compounds B- >ydrogen 'ulfide

* as >D

c-d e B as >!' 1 as +b * as elemental >g ! as 5i

8- :ead 6- .ercury

AA'b AA'bECold)Mapor Techni$ue or Analy2er AA'b >g

1 - 5ic,el and its compounds( e0cept 5ic,el Carbonylf 11- 580

Any source

i) .anufacture of 5itric Acid

!( as acid and 580 and calculated as 58! 1(* 1( * 1 * ! 1 as as as 58! 58! 58!

+henol)disulfonic .ethod

acid

ii) Duel burning steam generators 40isting 'ource 5ew 'ource N Coal)Dired N 8il)Dired iii) Any source other than (i) adn (ii) 40isting 'ource 5ew 'ource 1!+hosphorus +ento0ideg 1%Oinc Compounds
a b

+henol)disulfonic .ethod

acid

+henol)disulfonic .ethod as 58! as 58! as +!8* as On 'pectrophotometry AA'b

acid

Any source Any source

and

its

8ther e$uivalent methods approved by the 3epartment may be usedAtomic Absorption 'pectrophometry c All new geothermal power plants starting construction by 1 ?anuary 166* shall control >s' emissions to not more than 1* gE@./)>r d All e0isting geothermal power plants shall control >s' emissions to not more than ! gE@./)>r- within * years from the date of efectivity of these revised regulationse 7est practicable control technology for air emissions and li$uid discharges- Compliance with air and water $uality standards is re$uiredf 4mission limit of 5ic,el Carbonyl shall not e0ceed -* mgE5cmg +rovisional @uideline Provided( That the ma0imum limits in mgEncm particulates in said sources shall be: 1Duel 7urning 4$uipment a) Hrban or #ndustrial Area b) 8ther Area !%&Cement +lants (<ilns( etc-) 'melting Durnaces 8ther 'tationary 'ourcesa 1* mgE5cm ! mgE5cm

1* mgE5cm 1* mgE5cm ! mgE5cm

8ther 'tationary 'ources means a trade( process( industrial plant( or fuel burning e$uipment other than thermal power plants( industrial boilers( cement plants( incinerators and smelting furnacesProvided. /urther( That the ma0imum limits for sulfur o0ides in said sources shall be: (1) 40isting 'ources (i) .anufacture of 'ulfuric Acid and 'ulf(on)ation +rocess (ii) Duel burning 4$uipment (iii) 8ther 'tationary 'ourcesa (!) 5ew 'ources (i) .anufacture of 'ulfuric Acid and 'ulf(on)ation +rocess (ii) Duel 7urning 4$uipment (iii) 8ther 'tationary 'ourcesa
a

!- gm-5cm as '8% 1-*gm-5cm as '8! 1- gm-5cm as '8%

1-* gm-5cm as '8% -B gm-5cm as '8! -! gm-5cm as '8%

8ther 'tationary 'ources refer to e0isting and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process( fuel burning e$uipment and incinerationDor stationary sources of pollution not specifically included in the immediately preceding paragraph( the following emission standards shall not be e0ceeded in the e0haust gas: #- 3aily And >alf >ourly Average Malues 3aily Average >alf >ourly Malues Average Malues Total dust @aseous and vaporous organic substances( e0pressed as total organic carbon >ydrogen chloride (>Cl) >ydrogen fluoride (>D) 'ulfur dio0ide ('8!) 5itrogen mono0ide (58) and dio0ide (58!)( e0pressed as dio0ide for incineration plants capacity e0ceeding % tonnes per hour 5itrogen nitrogen with a ! 1 mgEm% 1 mgEm% 1 mgEm% 1 mgEm% * mgEm% % mgEm% ! G & ! mgEm% mgEm% mgEm% mgEm%

mgEm%

&

mgEm%

5itrogen mono0ide (58) and nitrogen dio0ide (58!)( e0pressed as nitrogen dio0ide for incineration plants with a capacity of % tonnes per hour or less %

mgEm%

Ammonia 1 mgEm% ! mgEm% ##- All the Average Malues 8ver the 'ample +eriod of a .inimum of & and .a0imum of 8 >oursCadmium and its compounds( e0pressed as cadmium (Cd) total mgEm% Thallium and its compounds( e0pressed as thallium (Tl) .ercury and its Compounds( e0pressed as mercury (>g) Antimony and its compounds( e0pressed as antimony ('b) Arsenic and its compounds( e0pressed as arsenic (As) :ead and its compounds( e0pressed as lead ( +b) Chromium and its compounds( e0pressed as chromium (Cr) Cobalt and its compounds( e0pressed as cobalt (Co) Copper and its compounds( e0pressed as copper (Cu) .anganese and its compounds( e0pressed as manganese (.n) 5ic,el and its compounds( e0pressed as nic,el (5i) Manadium and its compounds( e0pressed as vanadium (M) Tin and its compounds( e0pressed as tin ('n) total mgEm% - * mgEm%

- *

-*

These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided. That the emission of dio0ins and furans into the air shall be reduced by the most progressive techni$ues: Provided. /urther( That all average of dio0in and furans measured over the sample period of a minimum of * hours and ma0imum of 8 hours must not e0ceed the limit value of -1 nanogramEm %+ursuant to 'ec- 8 of this Act( the 3epartment shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant( and the procedure for enforcement of said standards40isting industries( which are proven to e0ceed emission rates established by the 3epartment in consultation with sta,eholders( after a thorough( credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided. That an e0tension of not more than twelve (1!) months may be allowed by the 3epartment on meritorious grounds%ection 29. 6an 'n Incinerati'n. ) #ncineration( hereby defined as the burning of municipal( biomedical and ha2ardous waste( which process emits poisonous and to0ic fumes is hereby prohibited" Provided. ho%ever( That the prohibition shall not apply to traditional small)scale method of communityEneighborhood sanitation AsigaA( traditional( agricultural( cultural( health( and food preparation and crematoria" Provided. /urther( That e0isting incinerators dealing with a biomedical wastes shall be out within three (%) years after the effectivity of this Act" Provided. /inally( that in the interim( such units shall be limited to the burning of pathological and infectious wastes( and sub1ect to close monitoring by the 3epartment:ocal government units are hereby mandated to promote( encourage and implement in their respective 1urisdiction a comprehensive ecological waste management that includes waste segregation( recycling and composting/ith due concern on the effects of climate change( the 3epartment shall promote the use of state)of)the)art( environmentally)sound and safe non)burn technologies for the handling( treatment( thermal destruction( utili2ation( and disposal of sorted( unrecycled( uncomposted( biomedical and ha2ardous wastesA+ticle !ou+ Pollution 3+o4 "oto+ Ve)icle%ection 21. P'll+ti'n fr'. "'t'r 5ehicle( . ) a) The 38TC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act- To further improve the emission standards( the 3epartment shall review( revise and publish the standards every two (!) years( or as the need arises- #t shall consider the ma0imum limits for all ma1or pollutants to ensure substantial improvement in air $uality for the health( safety and welfare of the general publicThe following emission standards for type approval of motor vehicles shall be effective by the year ! %: a) Dor light duty vehicles( the e0haust emission limits for gaseous pollutants shall be: 4mission :imits for :ight 3uty Mehicles Type Approval (3irective 61E&&1E44C) C8 (gE,m) !-B!
a

>C P (gE,m) -6B -1&

580

+.a (gE,m)

for compression)ignition engines only b) Dor light commercial vehicles( the e0haust emission limit of gaseous pollutants as a function of the given reference mass shall be: 4mission :imits for :ight Commercial Mehicles Type Approval (3irective 6%E*6E44C) Reference /eight (R/) C8 >C P 580 +.a (gE,m) (,g) (gE,m) (gE,m) Category 1 Category ! Category %
a

1!* Q R/ 1!* Q R/Q1B R/R1B

!-B! *-1B G-6

-6B 1-& 1-B

-1& -16 -!*

for compression)ignition engines only c) Dor heavy duty vehicles( the e0haust emission limits of gaseous pollutants shall be: 4mission :imits for >eavy 3uty Mehicles Type Approval (3irective 61E*&!E44C) C8 (gE,E/h) &-*
a

>C (gE,E/h) 1-1

580 (gE,E/h) 8-

+. (gE,E/h) -%Ga

#n the case of engines of 8* ,/ or less( the limit value for particular emissions in increased by multiplying the $uoted limit by a coefficient of 1-B

Duel evaporative emission for spar,)ignition engines shall not e0ceed !- grams hydrocarbons per test- :i,ewise( it shall not allow any emission of gases from cran,case ventilation system into the atmosphereb) The 3epartment( in collaboration with the 38TC( 3T# and :@Hs( shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the #ntegrated Air Cuality Dramewor,- The 38TC shall enforce compliance with the emission standards for motor vehicles set by the 3epartment- The 38TC may deputi2e other law enforcement agencies and :@Hs for this purpose- To this end( the 38TC shall have the power to: (1) #nspect and monitor the emissions of motor vehicles" (!) +rohibit or en1oin the use of motor vehicles or a class of motor vehicles in any area or street at specified times" and (%) Authori2e private testing emission testing centers duly accredited by the 3T#c) The 38TC( together with the 3T# and the 3epartment( shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration andEor rate of pollutants discharged by said sourcesd) #n order to ensure the substantial reduction of emissions from motor vehicles( the 3epartment of Trade and #ndustry (3T#)( together with the 38TC and the 3epartment shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles- #n this regard( the 3T# shall develop and implement standards and procedures for the certification of training institutions( instructors and facilities and the licensing of $ualified private service centers and their technicians as prere$uisite for performing the testing( servicing( repair and the re$uired ad1ustment to the vehicle emission system- The 3T# shall li,ewise prescribe regulations re$uiring the disclosure of odometer readings and the use of tamper)resistant odometers for all motor vehicles including tamper)resistant fuel management systems for the effective implementation of the inspection and maintenance program%ection 22. Re)+lati'n 'f All "'t'r 5ehicle( an- En)ine( . ) Any imported new or locally)assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act( as evidenced by a Certificate of Conformity (C8C) issued by the 3epartmentAny imported new motor vehicle engine shall not be introduced into commerce( sold or used unless it complies with emission standards set pursuant to this ActAny imported used motor vehicle or rebuilt motor vehicle using new or used engines( ma1or parts or components shall not be registered unless it complies with the emission standards#n case of non)compliance( the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards5o motor vehicle registration (.MR) shall be issued unless such motor vehicle passes the emission testing re$uirement promulgated in accordance with this Act- 'uch testing shall be conducted by the 38TC or its authori2ed inspection centers within si0ty (G ) days prior to date of registrationThe 3T# shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet- These regulations shall include provisions for ensuring the durability of emission devices%ection 23. Sec'n-27an- "'t'r 5ehicle En)ine(. ) Any imported second)hand motor vehicle engine shall not be introduced into commerce( sold or used unless it complies with emission standards set pursuant to this ActA+ticle !i,e Pollution 3+o4 Ot)e+ %ou+ce%ection 24. P'll+ti'n fr'. (.'0in). ) 'mo,ing inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of oneFs private residence( private place of wor, or any duly designated smo,ing area is hereby prohibited under this Act- This provision shall be implemented by the :@Hs%ection 25. P'll+ti'n fr'. 'ther .'4ile ('+rce( . ) The 3epartment( in coordination with appropriate agencies( shall formulate and establish the necessary standards for all mobile sources other than those referred to in 'ec- !1 of this Act- The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the 1urisdiction of the 38TCC)*pte+ 3 !uel-, A::iti,e-, %ub-t*nce- *n: Pollut*ntA+ticle One !uel-, A::iti,e- *n: %ub-t*nce%ection 28. $+el( an- A--iti1e(. ) +ursuant to the Air Cuality Dramewor, to be established under 'ection B of this Act( the 3epartment of 4nergy (384)( co)chaired by the 3epartment of 4nvironment and 5atural Resources (345R)( in consultation with the 7ureau of +roduct 'tandards (7+') of the 3T#( the 38'T( the representatives of the fuel and automotive industries( academe and the consumers shall set the specifications for all types of fuel and fuel)related products( to improve fuel composition for increased efficiency and reduced emissions: Provided. ho%ever( that the specifications for all types of fuel and fuel)related products set)forth pursuant to this section shall be adopted by the 7+' as +hilippine 5ational 'tandards (+5')The 384 shall also specify the allowable content of additives in all types of fuels and fuel)related products- 'uch standards shall be based primarily on threshold levels of health and research studies- 8n the basis of such specifications( the 384 shall li,ewise limit the content or begin that phase)out of additives in all types of fuels and fuel)related products as it may deem necessary- 8ther agencies involved in the performance of this function shall be re$uired to coordinate with the 384 and transfer all documents and information necessary for the implementation of this provisionConsistent with the provisions of the preceding paragraphs under this section( it is declared that:

a) not later than eighteen (18) months after the effectivity of this Act( no person shall manufacture( import( sell( supply( offer for sale( dispense( transport or introduce into commerce unleaded premium gasoline fuel which has an anti),noc, inde0 (A<#) of not less that 8B-* and Reid vapor pressure of not more than 6 psi- /ithin si0 (G) months after the effectivity of this Act( unleaded gasoline fuel shall contain aromatics not to e0ceed forty)five percent (&*L) by volume and ben2ene not to e0ceed four percent (&L) by volume" Provided. that by year ! %( unleaded gasoline fuel should contain aromatics not to e0ceed thirty)five percent (%*L) by volume and ben2ene not to e0ceed two percent (!L) by volume" b) not later than eighteen (18) months after the effectivity of this Act( no person shall manufacture( import( sell( supply( offer for sale( dispense( transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in e0cess of -! L by weight with a cetane number of inde0 of not less than forty)eight (&8): Provided. That by year ! &( content of said sulfur shall be - *L by weight" and c) not later than eighteen (18) months after the effectivity of this Act( no +erson shall manufacture( import( sell( supply( offer for sale( dispense( transport or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in e0cess of -% L (by weight)4very two (!) years thereafter or as the need arises( the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this ActThe fuels characteri2ed above shall be commercially available- :i,ewise( the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this ActAny proposed additive shall not in any way increase emissions of any of the regulated gases which shall include( but not limited to carbon mono0ide( hydrocarbons( and o0ides of nitrogen and particulate matter( in order to be approved and certified by the 3epartment%ection 27. Re)+lati'n 'f $+el( an- $+el A--iti1e( . ) The 384( in coordination with the 3epartment and the 7+'( shall regulate the use of any fuel or fuel additive- 5o manufacturer( processor or trader of any fuel or additive may import( sell( offer for sale( or introduce into commerce such fuel for additive unless the same has been registered with the 384- +rior to registration( the manufacturer( processor or trader shall provide the 384 with the following relevant information: a) +roduct identity and composition to determine the potential health effects of such fuel additives" b) 3escription of the analytical techni$ue that can be used to detect and measure the additive in any fuel" c) Recommended range of concentration" and d) +urpose in the use of the fuel and additive%ection 28. "i(f+elin). ) #n order to prevent the disabling of any emission control device by lead contamination( no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle e$uipped with a gasoline tan, filler inlet and labeled Aunleaded gasoline onlyA- This prohibition shall also apply to any person who ,nows or should ,now that such vehicle is designed solely for the use of unleaded gasoline%ection 29. Pr'hi4iti'n 'n "an+fact+re8 I.p'rt an- Sale 'f lea-e- Ga('line an- 'f En)ine( an-9'r C'.p'nent( Re3+irin) Lea-e- Ga('line. ) 4ffective not later than eighteen (18) months after the enactment of this Act( no person shall manufacture( import( sell( offer for sale( introduce into commerce( convey or otherwise dispose of( in any manner( leaded gasoline and engines and components re$uiring the use of leaded gasolineDor e0isting vehicles( the 3T# shall formulate standards and procedures that will allow non)conforming engines to comply with the use of unleaded fuel within five(*) years after the effectivity of this ActA+ticle T2o Ot)e+ Pollut*nt%ection 39. O:'ne2Depletin) S+4(tance(. ) Consistent with the terms and conditions of the .ontreal +rotocol on 'ubstances that 3eplete the 82one :ayer and other international agreements and protocols to which the +hilippines is a signatory( the 3epartment shall phase out o2one)depleting substances/ithin si0ty (G ) days after the enactment of this Act( the 3epartment shall publish a list of substances which are ,nown to cause harmful effects on the stratospheric o2one layer%ection 31. Greenh'+(e Ga(e(. ) The +hilippine Atmospheric( @eophysical and Astronomical 'ervice Administration (+A@A'A) shall regularly monitor meteorological factors affecting environmental conditions including o2one depletion and greenhouse gases and coordinate with the 3epartment in order to effectively guide air pollution monitoring and standard)setting activitiesThe 3epartment( together with concerned agencies and local government units( shall prepare and fully implement a national plan consistent with the Hnited 5ations Dramewor, Convention on Climate Change and other international agreements( conventions and protocols on the reduction of greenhouse gas emissions in the country%ection 32. Per(i(tent Or)anic P'll+tant( . ) The 3epartment shall( within a period of two (!) years after the enactment of this Act( establish an inventory list of all sources of +ersistent 8rganic +ollutants (+8+s) in the countryThe 3epartment shall develop short)term and long)term national government programs on the reduction and elimination of +8+s such as dio0ins and furans- 'uch programs shall be formulated within a year after the establishment of the inventory list%ection 33. Ra-i'acti1e E.i((i'n(. ) All pro1ects which will involve the use of atomic andEor nuclear energy( and will entail release and emission of radioactive substances into the environment( incident to the establishment or possession of nuclear energy facilities and radioactive materials( handling( transport( production( storage( and use of radioactive materials( shall be regulated in the interest of public health and welfare by the +hilippine 5uclear Research #nstitute (+5R#)( in coordination with 3epartment and other appropriate government agenciesC)*pte+ 4 In-titution*l "ec)*ni-4

%ection 34. Lea- A)enc,. ) The 3epartment( unless otherwise provided herein( shall be the primary government agency responsible for the implementation and enforcement of this Act- To be more effective in this regard( The 3epartmentFs 4nvironmental .anagement 7ureau (4.7) shall be converted from a staff bureau to a line bureau for a period of no more than two (!) years( unless a separate( comprehensive environmental management agency is created%ection 35. Lin0a)e "echani(.. ) The 3epartment shall consult( participate( cooperate and enter into agreement with other government agencies( or with affected non)governmental (5@8s) or peopleFs organi2ations (+8s)(or private enterprises in the furtherance of the ob1ectives of this Act%ection 38. R'le 'f L'cal G'1ern.ent ;nit(. ) :ocal @overnment Hnits (:@Hs) shall share the responsibility in the management and maintenance of air $uality within their territorial 1urisdiction- Consistent with 'ections B( 8 and 6 of this Act( :@Hs shall implement air $uality standards set by the 7oard in areas within their 1urisdiction" Provided. ho%ever( That in case where the board has not been duly constituted and has not promulgated its standards( the standards set forth in this Act shall applyThe 3epartment shall provide the :@Hs with technical assistance( trainings and a continuing capability)building program to prepare them to underta,e full administration of the air $uality management and regulation within their territorial 1urisdiction%ection 37. En1ir'n.ental an- #at+ral Re('+rce( Office . ) There may be established an 4nvironment and 5atural Resources 8ffice in every province( city( or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief 40ecutive of every province( city or municipality in accordance with the provisions of 'ection &8& of Republic Act 5o- B1G - #ts powers and duties( among others( are: a) To prepare comprehensive air $uality management programs( plans and strategies within the limits set forth in Republic act- 5o- B1G and this Act which shall be implemented within its territorial 1urisdiction upon the approval of the sanggunian" b) To provide technical assistance and support to the governor or mayor( as the case may be( in carrying out measures to ensure the delivery of basic services and the provision of ade$uate facilities relative to air $uality" c) To ta,e the lead in all efforts concerning air $uality protection and rehabilitation" d) To recommend to the 7oard air $uality standards which shall not e0ceed the ma0imum permissible standards set by rational laws" e) To coordinate with other government agencies and non)governmental organi2ations in the implementation of measures to prevent and control air pollution" and f) 40ercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided( ho%ever( That in provincesEcitiesEmunicipalities where there are no environment and natural resources officers( the local e0ecutive concerned may designate any of his official andEor chief of office preferably the provincial( city or municipal agriculturist( or any of his employee: Provided. /inally( That in case an employee is designated as such( he must have sufficient e0perience in environmental and natural resources management( conservation and utili2ation%ection 38. Rec'r-20eepin)8 In(pecti'n8 "'nit'rin) an- Entr, 4, the Depart.ent . ) The 3epartment or its duly accredited entity shall( after proper consultation and notice( re$uire any person who owns or operates any emissions source or who is sub1ect to any re$uirement of this Act to: (a) establish and maintain relevant records" (b) ma,e relevant reports" (c) install( use and maintain monitoring e$uipment or methods" (d) sample emission( in accordance with the methods( locations( intervals and manner prescribed by the 3epartment" (e) ,eep records on control e$uipment parameters( production variables or other indirect data when direct monitoring of emissions is impractical" and (f) provide such other information as the 3epartment may reasonably re$uire+ursuant to this Act( the 3epartment( through its authori2ed representatives( shall have the right of: (a) entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph" (b) inspect any pollution or waste source( control device( monitoring e$uipment or method re$uired" and (c) test any emissionAny record( report or information obtained under this section shall be made available to the public( e0cept upon a satisfactory showing to the 3epartment by the entity concerned that the record( report or information( or parts thereof( if made public( would divulge secret methods or processes entitled to protection as intellectual property- 'uch record( report or information shall li,ewise be incorporated in the 3epartmentFs industrial rating system%ection 39. P+4lic E-+cati'n an- Inf'r.ati'n Ca.pai)n . ) A continuing air $uality information and education campaign shall promoted by the 3epartment( the 3epartment of 4ducation( Culture and 'ports (34C')( the 3epartment of the #nterior and :ocal @overnment (3#:@)( the 3epartment of Agriculture (3A) and the +hilippine #nformation Agency (+#A)- Consistent with 'ec- B of this Act( such campaign shall encourage the participation of other government agencies and the private sector including 5@8s( +8s( the academe( environmental groups and other private entities in a multi)sectoral information campaignC)*pte+ 5 Action%ection 49. A-.ini(trati1e Acti'n. ) /ithout pre1udice to the right of any affected person to file an administrative action( the 3epartment shall( on its own instance or upon verified complaint by any person( institute administrative proceedings against any person who violates: (a) 'tandards or limitation provided under this Act" or

(b) Any order( rule or regulation issued by the 3epartment with respect to such standard or limitation%ection 41. Citi:en S+it(. ) Dor purposes of enforcing the provisions of this Act or its implementing rules and regulations( any citi2en may file an appropriate civil( criminal or administrative action in the proper courts against: (a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations" or (b) The 3epartment or other implementing agencies with respect to orders( rules and regulations issued inconsistent with this Act" andEor (c) Any public officer who willfully or grossly neglects the performance of an act specifically en1oined as a duty by this Act or its implementing rules and regulations" or abuses his authority in the performance of his duty" or( in any manner( improperly performs his duties under this Act or its implementing rules and regulations: Provided. ho%ever( That no suit can be filed until thirty)day (% ) notice has been ta,en thereonThe court shall e0empt such action from the payment of filing fees( e0cept fees for actions not capable of pecuniary estimations( and shall li,ewise( upon prima facie showing of the non)enforcement or violation complained of( e0empt the plaintiff from the filing of an in1unction bond for the issuance of a preliminary in1unction/ithin thirty (% ) days( the court shall ma,e a determination if the compliant herein is malicious andEor baseless and shall accordingly dismiss the action and award attorneyFs fees and damages%ection 42. In-epen-ence 'f Acti'n. ) The filing of an administrative suit against such personEentity does not preclude the right of any other person to file any criminal or civil action- 'uch civil action shall proceed independently%ection 43. S+it( an- Strate)ic Le)al Acti'n( A)ain(t P+4lic Participati'n an- the Enf'rce.ent 'f !hi( Act. ) /here a suit is brought against a person who filed an action as provided in 'ec- &1 of this Act( or against any person( institution or government agency that implements this Act( it shall be the duty of the investigating prosecutor or the court( as the case may be( to immediately ma,e a determination not e0ceeding thirty (% ) days whether said legal action has been filed to harass( ve0( e0ert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act- Hpon determination thereof( evidence warranting the same( the court shall dismiss the case and award attorneyFs fees and double damagesThis provision shall also apply and benefit public officers who are sued for acts committed in their official capacity( their being no grave abuse of authority( and done in the course of enforcing this Act%ection 44. Lien ;p'n Per('nal an- I..'1a4le Pr'pertie( 'f 5i'lat'r( . ) Dines and penalties imposed pursuant to this Act shall be liens upon personal or immovable properties of the violator- 'uch lien shall( in case of insolvency of the respondent violator( en1oy preference to laborerFs wages under Articles !!&1 and !!&! of Republic Act 5o- %8G( otherwise ,nown as the 5ew Civil Code of the +hilippinesC)*pte+ 8 !ine- *n: Pen*ltie%ection 45. 5i'lati'n 'f Stan-ar-( f'r Stati'nar, S'+rce(. ) Dor actual e0ceedance of any pollution or air $uality standards under this Act or its rules and regulations( the 3epartment( through the +ollution Ad1udication 7oard (+A7)( shall impose a fine of not more than 8ne hundred thousand pesos (+1 ( - ) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied withDor purposes of the application of the fines( the +A7 shall prepare a fine rating system to ad1ust the ma0imum fine based on the violatorFs ability to pay( degree of willfulness( degree of negligence( history of non)compliance and degree of recalcitrance: Provided. That in case of negligence( the first time offenderFs ability to pay may li,ewise be considered by the +ollution Ad1udication 7oard: Provided. /urther( That in the absence of any e0tenuating or aggravating circumstances( the amount of fine for negligence shall be e$uivalent to one)half of the fine for willful violationThe fines herein prescribed shall be increased by at least ten percent (1 L)( every three (%) years to compensate for inflation and to maintain the deterrent function of such fines#n addition to the fines( the +A7 shall order closure( suspension of development( construction( or operations of the stationary sources until such time that proper environmental safeguards are put in place: Provided. That an establishment liable for a third offense shall suffer permanent closure immediately- This paragraph shall be without pre1udice to the immediate issuance of an e0 parte order for such closure( suspension of development or construction( or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent threat to life( public health( safety or general welfare( or to plant or animal life( or whenever there is an e0ceedance of the emission standards set by the 3epartment andEor the 7oard andEor the appropriate :@H%ection 48. 5i'lati'n 'f Stan-ar-( f'r "'t'r 5ehicle( . ) 5o motor vehicle shall be registered with the 38TC unless it meets the emission standards set by the 3epartment as provided in 'ec- !1 hereofAny vehicle suspected of violation of emission standards through visual signs( such as( but not limited to smo,e) belching( shall be sub1ected to an emission test by a duly authori2ed emission testing center- Dor this purpose( the 38TC or its authori2ed testing center shall establish a roadside inspection system- 'hould it be shown that there was no violation of emission standards( the vehicle shall be immediately released- 8therwise( a testing result indicating an e0ceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid( and the license plate is surrendered to the 38TC pending the fulfillment of the underta,ing by the ownerEoperator of the motor vehicle to ma,e the necessary repairs so as to comply with the standards- A pass shall herein be issued by the 38TC to authori2e the use of the motor vehicle within a specified period that shall not e0ceed seven (B) days for the sole purpose of ma,ing the necessary repairs on the said vehicleThe ownerEoperator of the vehicle shall be re$uired to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads#n addition( the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the 38TC and shall also suffer the following penalties:

a) Dirst 8ffense ) a fine not to e0ceed Two Thousand +esos (+!( - )" b) 'econd 8ffense ) a fine not less than Two Thousand +esos (+!( - ) and not to e0ceed Dour Thousand +esos (+&( - )" and c) Third offense ) one (1) year suspension of the .otor Mehicle Registration (.MR) and a fine of not less than Dour Thousand +esos (+&( - ) and not more than 'i0 thousand pesos (+G( - )Any violation of the provisions of 'ec- !1 paragraph (d) with regard to national inspection and maintenance program( including technicians and facility compliance shall penali2ed with a fine of not less than Thirty Thousand +esos (+% ( - ) or cancellation of license of both the technician and the center( or both( as determined by the 3T#All law enforcement officials and deputi2ed agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards and regulations- Dor this purpose( the 3epartment( together with the 38TC( 3T#( 38'T( +hilippine 5ational +olice (+5+) and other concerned agencies and private entities shall design a training program%ection 47. $ine( an- Penaltie( f'r 5i'lati'n( 'f Other Pr'1i(i'n( in the Act . ) Dor violations of all other provisions provided in this Act and of the rules and regulations thereof( a fine of not less than Ten thousand pesos (+1 ( ) but not more than 8ne >undred thousand +esos (+1 ( ) or si0 (G) months to si0 (G) years imprisonment or both shall be imposed- #f the offender is a 1uridical person( the president( manager( directors( trustees( the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided%ection 48. Gr'(( 5i'lati'n(. ) #n case of gross violation of this Act or its implementing rules and regulations( the +A7 shall recommend to the proper government agencies to file the appropriate criminal charges against the violatorsThe +A7 shall assist the public prosecutor in the litigation of the case- @ross violation shall mean: (a) three (%) or more specific offenses within a period of one (1) year" (b) three (%) or more specific offenses with three (%) consecutive years" (c) blatant disregard of the orders of the +A7( such s but not limited to the brea,ing of seal( padloc,s and other similar devices( or operation despite the e0istence of an order for closure( discontinuance or cessation of operation" and (d) irreparable or grave damage to the environment as a conse$uence of any violation of the provisions of this Act8ffenders shall be punished with imprisonment of not less than si0 (G) years but not more than ten (1 ) years at the discretion of the court- #f the offender is a 1uridical person( the president( manager( directors( trustees( the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein providedC)*pte+ 7 !in*l P+o,i-ion%ection 49. P'tential L'(( 'r Shift( 'f E.pl',.ent . ) The 'ecretary of :abor is hereby authori2ed to establish a compensation( retraining and relocation program to assist wor,ers laid off due to a companyFs compliance with the provisions of this Act%ection 59. Appr'priati'n(. ) An amount of 'even >undred Difty .illion +esos (+B* ( ( - ) shall be appropriated for the initial implementation of this Act( of which( the amount of Three >undred .illion +esos (+% ( ( - ) shall be appropriated to the 3epartment" Two >undred .illion +esos (+! ( ( - ) to the 3T#" 8ne >undred Difty .illion +esos (+1* ( ( - ) to the 38TC" and 8ne >undred .illion +esos (+1 ( ( - ) to the 384Thereafter( the amount necessary to effectively carry out the provisions of this Act shall be included in the @eneral Appropriations Act%ection 51. I.ple.entin) R+le( an- Re)+lati'n( . ) The 3epartment( in coordination with the Committees on 4nvironment and 4cology of the 'enate and >ouse of Representatives( respectively and other agencies( shall promulgate the implementing rules and regulations for this Act( within one (1) year after the enactment of this Act: Provided. That rules and regulations issued by other government agencies and instrumentalities for the prevention andEor abatement of pollution not inconsistent with this Act shall supplement the rules and regulations issued by the 3epartment pursuant to the provisions of this Act%ection 52. Rep'rt t' C'n)re((. ) The 3epartment shall report to Congress( not later than .arch % of every year following the approval of this Act( the progress of the pollution control efforts and ma,e the necessary recommendations in areas where there is need for legislative action%ection 53. <'int C'n)re((i'nal O1er(i)ht C'..ittee. ) There is hereby created a 1oint congressional oversight committee to monitor the implementation of this Act- The committee shall be composed of five (*) senators and five (*) representatives to be appointed by the 'enate +resident and the 'pea,er of the >ouse of Representatives( respectively( the oversight committee shall be co)chaired by a senator and a representative designated by the 'enate +resident and the 'pea,er of the >ouse of Representatives( respectivelyThe mandate given to the 1oint congressional oversight committee under this Act shall be without pre1udice to the performance of the duties and functions by the respective e0isting oversight committees of the 'enate and the >ouse of Representatives%ection 54. Separa4ilit, 'f Pr'1i(i'n(. ) #f any provision of this Act or the application of such provision to any person or circumstances is declared unconstitutional( the remainder of the Act or the application of such provision to other person or circumstances shall not be affected by such declaration%ection 55. Repealin) Cla+(e. ) +residential 3ecree 5o- 1181 is hereby repealed- +residential 3ecrees 5os- 11*!( 1*8G and +residential 3ecree 5o- 68& are partly modified- All other laws( orders( issuance( rules and regulations inconsistent herewith are hereby repealed or modified accordingly%ection 58. Effecti1it,. ) This Act shall ta,e effect fifteen (1*) days from the date of its publication in the (fficial "a#ette or in at least two (!) newspapers of general circulationApproved( June 23, 1999.

C#M#: :A/ (:A53 T#T:4') C>A+T4R 1: 7AC<@R8H53( 7A'#C C85C4+T' S @454RA: +R#5C#+:4' :A53 T#T:4T evidence of right of owner or e0tent of his interest( by which means he can maintain control and as a rule assert right to e0clusive possession and en1oyment of property 3443T instrument in writing which any real estate or interest therein is created( alienated( mortgaged or assigned or by which title to any real estate may be affected in law or e$uity 1-@rantor !-@rantee %-/ords of grant &-3escription of property *-'ignature of grantor

G-/itnesses TU+4' 8D 4'TAT4': 1-DR44 >8:3 4'TAT4 T indicates title of ownership a-Dee simple T absolute title" conferred without limitation( $ualification or restriction b-Dee tail T pass title to grantee S his heirs c-:ife state T held for duration of life of grantee !-:4'' T>A5 DR44>8:3 4'TAT4 T a right short of title a-4state for years T lease for a period agreed upon( less or retains ownership of land b-Tenancy from period to period T lease running from month to month or year to year with automatic renewal c-Tenancy at will T person is permitted to occupy land of another without stipulation as toperiod % 'TA@4' 8D 34M4:8+.45T 8D :4@A: 'U'T4. 8D TRA5'D4RR#5@ T#T:4': 1-+roduction S delivery of deed by grantor to grantee without registration !-3eed of conveyance is recorded to bind %rd persons %-Registration of title R4@#'TRAT#85T guarantees the title R4C8R3#5@T does not guarantee the title" need to e0amine other docs

+HR+8'4 8D R4@#'TRAT#85: 1-'erve as constructive notice !-+revent fraudulent claims %-+rotect interest of strangers to transaction .834' 8D ACCH#R#5@ :A53 T#T:4': 1-Title by public grant T conveyance of public land by government to a private individual !-Title by ac$uisitive prescription T open( continuous( e0clusive( notorious possession of a property%-Title by accretion T alluvion &-Title by reclamation T filling of submerged land by deliberate act and reclaiming title thereto"government *-Title by voluntary transfer T private grant" voluntary e0ecution of deed of conveyance G-Title by involuntary alienation T no consent from owner of land" forcible ac$uisition by state B-Title by descent or devise T hereditary succession to the estate of deceased owner 8-Title by emancipation patent or grant T for purpose of ameliorating sad plight of tenant)farmers" not transferable e0cept by hereditary succession Chapter !: T8RR45' 'U'T4. T 8R#@#5( 5ATHR4 S @454RA: C>ARACT4R#'T#C' A3MA5TA@4': 1-Abolishes endless fees !-4liminates repeated e0amination of titles %-Reduces records enormously &-#nstantly reveals ownership *-+rotects against encumbrances not noted on the Torrens certificate G-.a,es fraud almost impossible B-#t assures 8-<eeps up the system without adding to burden of ta0ation" beneficiaries of the system pay the fees 6-4liminates ta0 titles 1 -@ives eternal title as state ensures perpetuity 11-Durnishes state title insurance rather than private title insurance 1!-.a,es possible the transfer of titles or of loans within the compass of hours instead of a matter of days

788< ##

+R8+4RTU( 8/54R'>#+( A53 #T' .83#D#CAT#85' Title #- ) C:A''#D#CAT#85 8D +R8+4RTU +R4:#.#5ARU +R8M#'#85' Art- &1&- All things which are or may be the ob1ect of appropriation are considered either: (1) #mmovable or real property" or (!) .ovable or personal propertyC>A+T4R 1 #..8MA7:4 +R8+4RTU Art- &1*- The following are immovable property: (1) :and( buildings( roads and constructions of all ,inds adhered to the soil" (!) Trees( plants( and growing fruits( while they are attached to the land or form an integral part of an immovable" (%) 4verything attached to an immovable in a fi0ed manner( in such a way that it cannot be separated therefrom without brea,ing the material or deterioration of the ob1ect" (&) 'tatues( reliefs( paintings or other ob1ects for use or ornamentation( placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements" (*) .achinery( receptacles( instruments or implements intended by the owner of the tenement for an industry or wor,s which may be carried on in a building or on a piece of land( and which tend directly to meet the needs of the said industry or wor,s" (G) Animal houses( pigeon)houses( beehives( fish ponds or breeding places of similar nature( in case their owner has placed them or preserves them with the intention to have them permanently attached to the land( and forming a permanent part of it" the animals in these places are included" (B) Dertili2er actually used on a piece of land" (8) .ines( $uarries( and slag dumps( while the matter thereof forms part of the bed( and waters either running or stagnant" (6) 3oc,s and structures which( though floating( are intended by their nature and ob1ect to remain at a fi0ed place on a river( la,e( or coast" (1 ) Contracts for public wor,s( and servitudes and other real rights over immovable property- (%%&a)

(%%%)

Title VI. 6 %A&#% C$APT#R 1 NAT'R# AND !OR" O! T$# CONTRACT Art- 1&*8- 7y the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing( and the other to pay therefor a price certain in money or its e$uivalentA contract of sale may be absolute or conditional- (1&&*a) Art- 1&*6- The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered- (n) Art- 1&G - A thing is determinate when it is particularly designated or physical segregated from all other of the same classThe re$uisite that a thing be determinate is satisfied if at the time the contract is entered into( the thing is capable of being made determinate without the necessity of a new or further agreement between the parties- (n) Art- 1&G1- Things having a potential e0istence may be the ob1ect of the contract of saleThe efficacy of the sale of a mere hope or e0pectancy is deemed sub1ect to the condition that the thing will come into e0istence-

The sale of a vain hope or e0pectancy is void- (n) Art- 1&G!- The goods which form the sub1ect of a contract of sale may be either e0isting goods( owned or possessed by the seller( or goods to be manufactured( raised( or ac$uired by the seller after the perfection of the contract of sale( in this Title called Afuture goods-A There may be a contract of sale of goods( whose ac$uisition by the seller depends upon a contingency which may or may not happen- (n) Art- 1&G%- The sole owner of a thing may sell an undivided interest therein- (n) Art- 1&G&- #n the case of fungible goods( there may be a sale of an undivided share of a specific mass( though the seller purports to sell and the buyer to buy a definite number( weight or measure of the goods in the mass( and though the number( weight or measure of the goods in the mass is undetermined- 7y such a sale the buyer becomes owner in common of such a share of the mass as the number( weight or measure bought bears to the number( weight or measure of the mass- #f the mass contains less than the number( weight or measure bought( the buyer becomes the owner of the whole mass and the seller is bound to ma,e good the deficiency from goods of the same ,ind and $uality( unless a contrary intent appears- (n)

PR#%ID#NTIA& D#CR## NO. 442, A% A"#ND#D A D#CR## IN%TIT'TIN A &A.OR COD# T$#R#.( R#VI%IN AND CON%O&IDATIN &A.OR AND %OCIA& &A;% TO A!!ORD PROT#CTION TO &A.OR, PRO"OT# #"P&O("#NT AND $'"AN R#%O'RC#% D#V#&OP"#NT AND IN%'R# IND'%TRIA& P#AC# .A%#D ON %OCIA& J'%TIC# PR#&I"INAR( TIT&# C)*pte+ I #N#RA& PROVI%ION% A+t. 1. N*4e o3 Dec+ee. This 3ecree shall be ,nown as the A:abor Code of the +hilippinesAA+t. 2. D*te o3 e33ecti,it0. This Code shall ta,e effect si0 (G) months after its promulgationA+t. 3. Decl*+*tion o3 b*-ic polic0. The 'tate shall afford protection to labor( promote full employment( ensure e$ual wor, opportunities regardless of se0( race or creed and regulate the relations between wor,ers and employersThe 'tate shall assure the rights of wor,ers to self)organi2ation( collective bargaining( security of tenure( and 1ust and humane conditions of wor,A+t. 4. Con-t+uction in 3*,o+ o3 l*bo+. All doubts in the implementation and interpretation of the provisions of this Code( including its implementing rules and regulations( shall be resolved in favor of laborA+t. 5. Rule- *n: +e7ul*tion-. The 3epartment of :abor and other government agencies charged with the administration and enforcement of this Code or any of its parts shall promulgate the necessary implementing rules and regulations- 'uch rules and regulations shall become effective fifteen (1*) days after announcement of their adoption in newspapers of general circulationA+t. 8. Applic*bilit0. All rights and benefits granted to wor,ers under this Code shall( e0cept as may otherwise be provided herein( apply ali,e to all wor,ers( whether agricultural or non)agricultural- (As amended by +residential 3ecree 5o- *B )A( 5ovember 1( 16B&)

Chapter ## 4.A5C#+AT#85 8D T45A5T' A+t. 7. %t*te4ent o3 ob<ecti,e-. #nasmuch as the old concept of land ownership by a few has spawned valid and legitimate grievances that gave rise to violent conflict and social tension and the redress of such legitimate grievances being one of the fundamental ob1ectives of the 5ew 'ociety( it has become imperative to start reformation with the emancipation of the tiller of the soil from his bondageA+t. 8. T+*n-3e+ o3 l*n:- to ten*nt62o+=e+-. 7eing a vital part of the labor force( tenant)farmers on private agricultural lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether classified as landed estate or not shall be deemed owner of a portion constituting a family)si2e farm of five (*) hectares( if not irrigated and three (%) hectares( if irrigated#n all cases( the land owner may retain an area of not more than seven (B) hectares if such landowner is cultivating such area or will now cultivate itA+t. 9. Dete+4in*tion o3 l*n: ,*lue. Dor the purpose of determining the cost of the land to be transferred to the tenant)farmer( the value of the land shall be e$uivalent to two and one)half (!)1E!) times the average harvest of three (%) normal crop years immediately preceding the promulgation of +residential 3ecree 5o- !B on 8ctober !1( 16B!The total cost of the land( including interest at the rate of si0 percent (GL) per annum( shall be paid by the tenant in fifteen (1*) years of fifteen (1*) e$ual annual amorti2ations#n case of default( the amorti2ation due shall be paid by the farmers9 cooperative in which the defaulting tenant)farmer is a member( with the cooperative having a right of recourse against himThe government shall guarantee such amorti2ations with shares of stoc, in government)owned and government) controlled corporationsA+t. 19. Con:ition- o3 o2ne+-)ip. 5o title to the land ac$uired by the tenant)farmer under +residential 3ecree 5o!B shall be actually issued to him unless and until he has become a full)fledged member of a duly recogni2ed farmers9 cooperativeTitle to the land ac$uired pursuant to +residential 3ecree 5o- !B or the :and Reform +rogram of the @overnment shall not be transferable e0cept by hereditary succession or to the @overnment in accordance with the provisions of +residential 3ecree 5o- !B( the Code of Agrarian Reforms and other e0isting laws and regulationsA+t. 11. I4ple4entin7 *7enc0. The 3epartment of Agrarian Reform shall promulgate the necessary rules and regulations to implement the provisions of this Chapter-

R4'C#''#7:4 C85TRACT' ) Those which have caused a particular economic damage either to one of the parties or to a %rd person and which may be set aside even if valid- #t may be set aside in whole or in part( to the e0tent of the damage causedF R4CH#'#T4': a- Contract must be rescissible

(1) Hnder art 1%81: i- Contracts entered into by persons e0ercising fiduciary capacity (a) 4ntered into by guardian whenever ward suffers damage by more than 1E& of value of ob1ect (b) Agreed upon in representation of absentees( if absentee suffers lesion by more than of value of property (c) Contracts where rescission is based on fraud committed on creditor (accion pauliana) (d) 8b1ects of litigation" contract entered into by defendant wEo ,nowledge or approval of litigants or 1udicial authority (e) +ayment by an insolvent ) on debts wEc are not yet due" pre1udices claim of others (f) +rovided for by law ) art 1*!G( 1*%&( 1*%8( 1*%6( 1*&!( 1**G( 1*G ( 1*GB and 1G*6 M8#3A7:4 C85TRACT' ) intrinsic defect" valid until annulled" defect is due to vice of consent or legal incapacity C>ARACT4R#'T#C': a- 4ffective until set aside b- .ay be assailed or attac,ed only in an action for that purpose c- Can be confirmed ( 5ote: C85D#R.AT#85 #' T>4 +R8+4R T4R. D8R CHR#5@ T>4 34D4CT 8D A M8#3A7:4 C85TRACT) d- Can be assailed only by the party whose consent was defective or his heirs or assigns />AT C85TRACT' AR4 M8#3A7:4: a- T>8'4 />4R4 854 8D T>4 +ART#4' #' #5CA+A7:4 8D @#M#5@ C85'45T T8 A C85TRACT (legal incapacity) (1) minors ( below 18 ) (!) insane unless acted in lucid interval (%) deaf mute who can9t read or write (&) persons specially dis$ualified: civil interdiction (*) in state of drun,enness (G) in state of hypnotic spell H545D8RC4A7:4 C85TRACT ) valid but cannot compel its e0ecution unless ratified" e0trinsic defect" produce legal efefcts only after ratified <#53'EMAR#4T#4': 1- Hnauthori2edE5o sufficient authority V entered into in the name of another when: a- no authority conferred b- in e0cess of authority conferred ( ultra vires ) 5ote: Curable by RAT#D#CAT#85 !- 7oth parties incapable of giving consent )! minor or ! insane persons 5ote: Curable by AC<58/:43@4.45T %- Dailure to comply with 'tatute of Drauds a- Agreement to be performed within a year after ma,ing contract b- 'pecial promise to answer for debt( default or miscarriage of another c- Agreement made in consideration of promise to marry d- Agreement for sale of goods( chattels or things in action at price not less than * recorded sale in sales boo, " e0ception: auction when

e- Agreement for lease of property for more than 1 year S sale of real property regardless of price f- Representation as to credit of another !e*tu+e- o3 Voi: *7+ee4ent->

An agreement made by incompetent parties (#ncapacitated +erson) is voidAny agreement with a bilateral mista,e is voidAgreements which have unlawful consideration is voidAgreement with a unlawful ob1ect is voidAgreements made without consideration is voidAgreement in restraint of marriage of any ma1or person is void (absolute restriction)Agreement in restraint of trade is void-(reasonable reason) Agreement in restraint of legal proceedings is voidAn agreement the terms of which are uncertain is voidAn agreement by way of wager (bettingEgambling) is voidAn agreement contingent upon the happening of an impossible event is voidAgreement to do impossible acts is void-

/arranty against eviction Re$uisites:

a- 7uyer is 4victed in whole or in part from the sub1ect matter of sale b- Dinal ?udgment c- 7asis of eviction is a right +rior to sale or act imputable to seller d- 'eller has been 'ummoned in the suit for eviction at the instance of buyer" or made %rd party defendant through %rd party complaint brought by buyer e- 5o waiver on the part of the buyer 5ote: Dor eviction T disturbance in law is re$uired and not 1ust trespass in fact-

/arranty against >idden 3efects Re$uisites:

a- 3efect is important or 'erious i- The thing sold is unfit for the use which it is intended ii- 3iminishes its fitness for such use or to such an e0tent that the buyer would not have ac$uired it had he been aware thereof b- 3efect is >idden c- 3efect 40ists at the time of the sale d- 7uyer gives 5otice of the defect to the seller within reasonable time e- Action for rescission or reduction of the price is brought within the proper period i- G months T from delivery of the thing sold

ii- /ithin & days T from the delivery in case of animals f- There must be 5o waiver of warranty on the part of the buyer-

ANIANO O.A?A ,-. T$# CO'RT O! APP#A&% AND ANIC#TO %ANDOVA& (n 0anuary 12. 1341 168* .arch !6( 1%* scra **B Contract of Sale 5 (%nership 5 Rescissible Contract 5 6n7ust nrichment 8n 5ovember !1( 16G&( Chan :in offered to buy 1B cavans of rice from 'andoval at +%B-!*Esac, (+G%%!-* )'andoval agreed so from Rosales( +angasinan( Chan :in accompanied 'andoval9s driver to have the rice be delivered to 'an Dernando( :a Hnion- Hpon arriving( the sac,s of rice were unloaded but when 'andoval9s driver tried to collect the payment( Chan :in was nowhere to be found- The driver then tried to collect from Aniano( who was the storeowner where they unloaded the rice- 7ut Aniano refused to pay( saying that he made the payment to Chan :in for +%%Ecavan and that he will not return the sac,s of rice to 'andoval as they were paid already- Apparently( Aniano and Chan :in had an earlier agreement that Chan :in will sell him 1B cavans of rice for +%% each- Aniano said Chan :in swindled 'andoval- 'andoval filed for replevinI%%'#> /ho is the rightful owner of the 1B cavans of riceW $#&D> 8wnership was transferred to Chan :in when the cavans of rice were delivered to Aniano9s store- This was agreed upon in the contract between 'andoval and Chan :in- >owever( it was found that % days after the delivery( Chan :in returned Aniano9s money- Aniano claimed that he then returned the cavans of rice to 'andoval- 7ut 'andoval9s driver said Aniano never returned the sac,s of rice- They would have withdrawn the replevin case had the sac,s of rice been returned- 'andoval has all the right to recover the rice and rescind the contract as he was not paidAniano cannot un1ustly enrich himself at the e0pense of 'andoval-

Ole7*+io Cl*+in ,- Albe+to Rulon* *n: t)e Cou+t o3 Appe*l(n /ebruary 18. 1341 ! Debruary 168&( 1!B scra *1! Civil :aw T :aw on 'ales T +erfected Contract of 'ale Clarin was the owner of a 1 hectare land in Carmen( 7ohol- The same was said to be his share from the other co) owners- #n 16*6( he e0ecuted a Contract of 'ale with Rulona as he was selling his 1 hectare land- #t was agreed that the purchase price would be +!* - - 3own payment would be +1 and the remaining balance would be paid monthly at +1 per month- Rulona paid the down payment as well as the 1 st installment but then later on Clarin returned the +11 against Rulona9s will- Clarin said he could not convince the other co)owners about the selling of his share- Clarin also said there was no perfected sale between him and Rulona as he said that the sale was sub1ect to the condition that the other co)owners should give their consent to the saleI%%'#> /hether or not there was a perfected contract of sale$#&D> Ues there is- 3uring trial there were % documents shown- 40hibit A shows that upon payment of +8 by Rulona( a survey of the land was authori2ed- 40hibit 7 shows that +! - ( part of the down payment was paid to Clarin and that the 1st installment of +1 was also made- Though these e0hibits are not the Contract of 'ale( they show that there was a contract of sale between Rulona and ClarinConstruing 40hibits A and 7 together( it can be seen that the Clarin agreed to sell and Rulona agreed to buy a definite ob1ect( that is( 1 hectares of land which is part and parcel of :ot ! +:3 5o- &( owned in common by the Clarin and his sisters although the boundaries of the 1 hectares would be delineated at a later date- The parties also agreed on a definite price which is +!(* - - 40hibit 7 further shows that Clarin has received from Rulona as initial payment( the amount of +8 - - >ence( it cannot be denied that there was a perfected contract of sale between the parties and that such contract was already partially e0ecuted when the petitioner received the initial payment of +8 - - The latter9s acceptance of the payment clearly showed his consent to the contract thereby precluding him from re1ecting its binding effectDurther( Clarin9s letter to Rulona mar,ed 40hibit C stated" ;.y dear .r- Rulona: Replying to your letter of recent date( # deeply regret to inform you that my daughter( Alice( who is now in .anila( could not be convinced by me to sell the land in $uestion( that is( the ten (1 ) hectares of land referred to in our tentative agreement- #t is for this reason that # hereby authori2e the bearer( .r- +aciano +armisano( to return to you in person the sum of 8ne Thousand and 8ne >undred (+1(1 - ) +esos which you have paid in advance for the proposed sale of the land in $uestion-= The reasons given by the Clarin cannot operate against the validity of the contract in $uestion- A contract is valid even though one of the parties entered into it against his better 1udgmentC*4pillo ,- Cou+t o3 Appe*l(n 0anuary 12. 1341 168& .ay !6( 1!6 scra *1% Contract of Sale 5 fficacy 5 'eed to Register Sale in the Registry of Deeds 5 PD 4912 Tomas de Mera was the owner of two parcels of land in Tondo( .anila- #n 16G1( de Mera sold the lands to 'implicio 'antos- 'antos however did not register the sale in the Registry of 3eeds( which means that the land was still under de Mera9s name-

8n the other hand( de Mera was indebted to Campillo- Campillo obtained a 1udgment for sum of money- 3e Mera9s % parcels of land( including those sold to 'antos were levied in 16G! in favor of Campillo- Campillo ac$uired the land and he was able to have the lands be registered under his nameI%%'#> /ho has better right over the property: 'antos who first bought it wEo registering it or Campillo who subse$uently purchased it at a public auction and have it registered under his nameW $#&D> Campillo has the right over the said properties- #t is settled in this 1urisdiction that a sale of real estate( whether made as a result of a private transaction or of a foreclosure or e0ecution sale( becomes legally effective against third persons only from the date of its registration- 'antos purchase of the two parcels of land may be valid but it is not enforceable against third persons for he failed to have it registeredCampillo is a purchaser in good faith as he was not aware of any previous sale for 'antos never caused the annotation of the sale'ection *1( +3 5o- 1*!6( otherwise ,nown as the +roperty Registration 3ecree( provides as follows: ;'ection *1- Conveyance and other dealings by registered owner- T An owner of registered land may convey( mortgage( lease( charge or otherwise deal with the same in accordance with e0isting laws- >e may use such forms of deeds( mortgages( leases or other voluntary instruments as are sufficient in law- 7ut no deed( mortgage( lease or other voluntary instrument e0cept a will purporting to convey or affect registered land shall ta,e effect as a conveyance or bind the land( but shall operate only as a contract between the parties and as evidence of authority to the Register of 3eeds to ma,e registration;The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned( and in all cases under this 3ecree( the registration shall be made in the office of the Register of 3eeds for the province or city where the land lies-= The purchaser (Campillo) in the e0ecution sale of the registered land in suit( ac$uires such right and interest as appears in the certificate of title unaffected by prior lien or encumbrances not noted therein- This must be so in order to preserve the efficacy and conclusiveness of the certificate of title which is sanctified under our Torrens system of land registration*+:ne+ ,. CA Di7e-t

@-R- 5o- :)*66*! August %1( 168& Ponente: &elencio!Herrera. 0:: Dacts: 1- The case involve several transfers of the sub1ect real property- #t appears that petitioners the @ardner spouse enter into an agreement with Respondent spouses( the 'antoses to subdivide ! parcels of land and e0ecuted an absolute deed of sale in favor of the latter- The real truth is that what occurred was a sale Xin trust9 since the petitioner obtained an amount of money from the respondents( who inturn promised to improve the land!- Apparently( the 'antoses transferred the properties to the Cuencas who in turn transferred it to the Merroyas who e0ecutive a mortgage over the lot- Then Merroya e0ecuted a deed of transfers to the 5atividads- 5ote that from the titles of the Cuencas (the 'econd Transferees) to the titles of the 5atividads (the Dourth Transferee)( the Adverse Claim of the @ardners continued to be carried( and that throughout the successive transfers( the petitioners continued to remain in possession( cultivation and occupation of the disputed properties%- #n their Answer( the 'antoses claimed that the sale to them was conditional in the sense that the properties were to be considered as the investment of the petitioners in the subdivision venture and that in the event that this did not materiali2e they were to reconvey the lots to petitioners upon reimbursement by the latter of all sums advanced to them" and that the deed of sale was to be registered for the protection of the 'antoses considering the moneys that the latter would be advancing&- >ence( the @ardners filed an action for declaration of 5ullity( Rescission and damages against the * transferres and mortgagees- The RTC ruled in favor of petitioners declaring the transfers null and void- The CA affirmed in toto the RTC but reconsidered it decision and ruled that the sale of land to 5atividad9s are validI--ue> ;)et)e+ o+ not t)e *:4i--ion- 4*:e b0 %*nto- in t)e ple*:in7- *+e *:4i--ible

58The testimony of Ariosto 'antos is at variance with the allegations in his Answer- As a general rule( facts alleged in a partyFs pleading are deemed admissions of that party and binding upon it( but this is not an absolute and infle0ible rule- An Answer is a mere statement of fact which the party filing it e0pects to prove( but it is not evidence1. 'antos himself( in open Court( had repudiated the defenses raised in his answer and against his own interest( his testimony is deserving of weight and credence- 7oth the Trial Court and the Appellate Court believed in his credibility and we find no reason to overturn their findings thereon- 'antos li,ewise admitted against his own interest that the petitioners did not receive from him any consideration( which corroborated the declarations of the petitioners- The 'ubdivision ?oint Menture Agreement and the 'upplemental Agreement e0press that the true and real nature of the agreement between the parties( which was for a subdivision and not a sale transaction!- All Dive Transfers were absolutely simulated and fictitious and were( therefore( void ab initio and ine0istent- Contracts of sale are void and produce no effect whatsoever where the price( which appears therein as paid( has( in fact( never been paid by the purchaser to the vendor+eople9s >omesite vsCourt of Appeals( and .endo2a 1%% 'CRA BBB 3ecember 168& DACT': #n Debruary 16G ( herein petitioner +eople9s >omesite S >ousing Corporation (+>>C) passed a resolution( sub1ect to the approval of the Court Court Council of the +>>C9s consolidation subdivision plan( awarding :ot & with an area of &(18!-! s$uare meters located at 3iliman( Court City to respondents Ri2alino and Adelaida .endo2a (spouses .endo2a) at a price of twenty)one pesos (+!1- ) per s$uare meter- The Court Court Council disapproved the consolidation subdivision plan in August 16G but approved in Debruary 16G& its revised version where :ot & was reduced to an area of !(G 8-B s$uare meters- Then in 8ctober 16G*( the +>>C withdrew the tentative award of :ot & to the spouses .endo2a for the latter9s failure neither to pay its price nor to ma,e a ! L initial deposit( and re) awarded said lot 1ointly and in e$ual shares to .iguela 'to- 3omingo( 4nri$ue 4steban( Mirgilio +in2on( :eonardo Redublo and ?ose Dernande2( all of whom made the initial deposit- The subdivision of :ot & into five lots was later approved by the Court council and the 7ureau of :andsThe spouses .endo2a as,ed for reconsideration and for the withdrawal of the said !nd award to 'to- 3omingo and four others( and at the same time filed an action for specific performance plus damages- The trial court sustained the award but the Court of Appeals reversed the said decision( declared void the re)award to 'to- 3omingo and four others( and ordered the +>>C to sell :ot & with an area of !(G 8-B s$uare meters at +!1per s$uare meter to spouses .endo2a#''H4: /as C8HRT there a perfected sale of :ot &( with its reduced area( between the partiesW

RH:#5@:

The 'upreme Court found that there was no perfected sale of :ot & because the said lot was conditionally or contingently awarded to the .endo2as sub1ect to the approval by the Court council of the proposed consolidation subdivision plan and the approval of the award by the valuation committee and higher authorities/hen the plan with the area of :ot & reduced to !(G 8-B s$uare meters was approved in 16G&( the spouses Court should have manifested in writing their acceptance of the award for the purchase of :ot & 1ust to show that they were still interested in its purchase although the area was reduced- Article 1&B* of the Civil Court says ;ItJhe contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the ob1ect of the contract and upon the price- Drom that moment( the parties may reciprocally demand performance( sub1ect to the law governing the form of contracts-= #ndeed( there was a no meeting of the minds between the parties on the purchase of :ot & with an area of !(G 8-B s$uare meters at +!1 a s$uare meter and the +>>C board of directors acted within its rights in withdrawing the tentative award-

ui*n7 ,. CA !*ct-> 8ver the ob1ection of private respondent @ilda Corpu2 and while she was in .anila see,ing employment( her husband sold to the petitioners)spouses Antonio and :u2viminda @uiang one half of their con1ugal peoperty( consisting of their residence and the lot on which it stood- Hpon her return to Cotabato( respondent gathered her children and went bac, to the sub1ect property- +etitioners filed a complaint for trespassing- :ater( there was an amicable settlement between the parties- Deeling that she had the shorer end of the bargain( respondent filed an Amended Complaint against her husband and petitioners- The said Complaint sought the declaration of a certain deed of sale( which involved the con1ugal property of private respondent and her husband( null and voidI--ue> /hether the sale was void or merely voidable and was ratified by the amicable settlement $el:> RespondentFs consent to the contract of sale of their con1ugal property was totally ine0istent or absent- The nullity of the contract of sale is premised on the absence of private respondentFs consent- To constitute a valid contract( the Civil Code re$uires the concurrence of the following elements: (1) cause( (!) ob1ect( and (%) consent( the last element being indubitably absent in the case at bar5either can the Aamicable settlementA be considered a continuing offer that was accepted and perfected by the parties( following the last sentence of Article 1!&- The order of the pertinent events is clear: after the sale( petitioners filed a complaint for trespassing against private respondent( after which the barangay authorities secured an Aamicable settlementA and petitioners filed before the .TC a motion for its e0ecution- The settlement( however( does not mention a continuing offer to sell the property or an acceptance of such a continuing offer- #ts tenor was to the effect that private respondent would vacate the property- 7y no stretch of the imagination( can the Court interpret this document as the acceptance mentioned in Article 1!&Pic)el ,. Alon@o !*ct-> Respondent +rudencio Alon2o was awarded by the @overnment that parcel of land in 7asilan City in accordance with Republic Act 5o- &BB- The award was cancelled by the 7oard of :i$uidators on ?anuary !B( 16G* on the ground that( previous thereto( plaintiff was proved to have alienated the land to another( in violation of law- #n 16B!( plaintiffFs rights to the land were reinstated8n August 1&( 16G8( plaintiff and his wife sold to defendant :uis +ichel all the fruits of the coconut trees which may be harvested in the land in $uestion for the period( 'eptember 1*( 16G8 to ?anuary 1( 16BG( in consideration of +&(! - 4ven as of the date of sale( however( the land was still under lease to one( Ramon 'ua( and it was the agreement that part of the consideration of the sale( in the sum of +%(G* - ( was to be paid by defendant directly to Ramon 'ua so as to release the land from the clutches of the latter- +ending said payment plaintiff refused to allow the defendant to ma,e any harvest- #n ?uly 16B!( defendant for the first time since the e0ecution of the deed of sale in his favor( caused the harvest of the fruit of the coconut trees in the landAlon2o filed for the annulment of the contract on the ground that it violated the provisions of R-A- &BB( which states that lands awarded under the said law shall not be sub1ect to encumbrance or alienation( otherwise the awardee shall no longer be entitled to apply for another piece of land- The lower court ruled that the contract( which it held as a contract of lease( is null and void-

I--ue-> (1) /hether the respondent had the right or authority to e0ecute the A3eed of 'aleA in 16G8( his award having been cancelled previously by the 7oard of :i$uidators on ?anuary !B( 16G* (!) /hether the contract is one for lease of the land( or for sale of coconut fruits (%) /hether the contract is an encumbrance as contemplated by R-A- &BB $el:> (1) Hntil and unless an appropriate proceeding for reversion is instituted by the 'tate( and its reac$uisition of the ownership and possession of the land decreed by a competent court( the grantee cannot be said to have been divested of whatever right that he may have over the same property- >erein respondent is not deemed to have lost any of his rights as grantee during the period material to the case at bar( i-e-( from the cancellation of the award in 16G* to its reinstatement in 16B!- /ithin said period( respondent could e0ercise all the rights pertaining to a grantee(!) A perusal of the deed fails to disclose any ambiguity or obscurity in its provisions( nor is there doubt as to the real intention of the contracting parties- The terms of the agreement are clear and une$uivocal( hence the literal and plain meaning thereof should be observed- The document in $uestion e0presses a valid contract of sale- #t has the essential elements of a contract of sale- The sub1ect matter of the contract of sale in $uestion are the fruits of the coconut trees on the land during the years from 'eptember 1*( 16G8 up to ?anuary 1( 16BG( which sub1ect matter is a determinate thing- Hnder Article 1&G1 of the 5ew Civil Code( things having a potential e0istence may be the ob1ect of the contract of sale- +ending crops which have potential e0istence may be the sub1ect matter of sale- The essential difference between a contract of sale and a lease of things is that the delivery of the thing sold transfers ownership( while in lease no such transfer of ownership results as the rights of the lessee are limited to the use and en1oyment of the thing leasedThe contract was clearly a Asale of the coconut fruits-A The vendor sold( transferred and conveyed Aby way of absolute sale( all the coconut fruits of his land(A thereby divesting himself of all ownership or dominion over the fruits during the seven)year period- The possession and en1oyment of the coconut trees cannot be said to be the possession and en1oyment of the land itself because these rights are distinct and separate from each other( the first pertaining to the accessory or improvements (coconut trees) while the second( to the principal (the land)- A transfer of the accessory or improvement is not a transfer of the principal- #t is the other way around( the accessory follows the principal- >ence( the sale of the nuts cannot be interpreted nor construed to be a lease of the trees( much less e0tended further to include the lease of the land itselfThe grantee of a parcel of land under R-A- 5o- &BB is not prohibited from alienating or disposing of the natural andEor industrial fruits of the land awarded to him- /hat the law e0pressly disallows is the encumbrance or alienation of the land itself or any of the permanent improvements thereon- +ermanent improvements on a parcel of land are things incorporated or attached to the property in a fi0ed manner( naturally or artificially- They include whatever is built( planted or sown on the land which is characteri2ed by fi0ity( immutability or immovability- >ouses( buildings( machinery( animal houses( trees and plants would fall under the category of permanent improvements( the alienation or encumbrance of which is prohibited- The purpose of the law is not violated when a grantee sells the produce or fruits of his land- 8n the contrary( the aim of the law is thereby achieved( for the grantee is encouraged and induced to be more industrious and productive( thus ma,ing it possible for him and his family to be economically self)sufficient and to lead a respectable life- At the same time( the @overnment is assured of payment on the annual installments on the land- /e agree with herein petitioner that it could not have been the intention of the legislature to prohibit the grantee from selling the natural and industrial fruits of his land( for otherwise( it would lead to an absurd situation wherein the grantee would not be able to receive and en1oy the fruits of the property in the real and complete sense-

A chain of successive transfers of real property( five in all( is involved+etitioner Ruby >- @AR354R( married to Dran, @ardner( ?r- an American (the @AR354R'( for short)( was the registered owner of two ad1oining parcels of agricultural land situated at Calamba( :aguna( designated as :ot 5o- 1&!G)new and :ot 5o- &B&8) new( with an aggregate area of 6%(G88 s$uare meters more or less( and covered by TCT 5os- T)! *B1 and T)! *B%( respectively( of the Registry of +roperty of :aguna (40hibits AAA S A7A( Dolio of 40hibits)-

8n 5ovember !B( 16G1( the @AR354R' and the spouses Ariosto C- 'A5T8' and Cirila 'errano (the 'A5T8'4') entered into an agreement for the subdivision of the two parcels( with the 'A5T8'4' binding themselves to advance to the @AR354R' the amount of +6%( in installments- Dor the protection of both parties they e0ecuted the following documents all on the same date and referring to the same parcels of land: (1) Absolute 3eed of 'ale in favor of the 'A5T8'4' (the Dirst Transfer( considering the nature of the document)" (!) 'ubdivision ?oint Menture Agreement" and (%) 'upplemental Agreement (40hibits ACA( A3A and A4A( $bid:)- 3espite the Asale(A( the @AR354R' were still denominated in the 'ubdivision ?oint Menture Agreement and in the 'upplemental Agreement as AownersA and Ariosto 'A5T8' merely as Abro,erA- #t appears from the evidence that the sale to the 'A5T8'4' was one Ain trustA for the protection of the 'A5T8'4' who had obligated themselves to give cash advances to the @AR354R' from time to time (40hibits A4)!A to A4)88A incl-) 8n 3ecember *( 16G1( new titles were issued in favor of the 'A5T8'4' ( 40hibits A D A S A @ A( $bid:)Hn,nown to the @AR354R'( on ?une 1 ( 16G&( the 'A5T8'4' transferred :ot 5o- 1&!G)5ew to ?ose Cuenca( married to Amanda Relova (the ?8'4 CH45CA') (40hibit A>A( #bid :)( and on ?une 1*( 16G&( :ot 5o- &B&8)5ew to ?uan Cuenca( married to 'oledad Advincula (the ?HA5 CH45CA') (40hibit A#A( #bid-) (1ointly( the 'econd Transfer)- Titles were thereafter issued in their respective names (40hibits A:A S A.A( $bid:

R'&# 89 Reple,in %ection 1. Application- Y A party praying for the recovery of possession of personal property may( at the commencement of the action or at any time before answer( apply for an order for the delivery of such property to him( in the manner hereinafter provided- (1a) %ection 2. Affidavit and bond- Y The applicant must show by his own affidavit or that of some other person who personally ,nows the facts: (a) That the applicant is the owner of the property claimed( particularly describing it( or is entitled to the possession thereof" (b) That the property is wrongfully detained by the adverse party( alleging the cause of detention thereof according to the best of his ,nowledge( information( and belief "

(c) That the property has not been distrained or ta,en for a ta0 assessment or a fine pursuant to law( or sei2ed under a writ of e0ecution or preliminary attachment( or otherwise placed under custodia legis( or if so sei2ed( that it is e0empt from such sei2ure or custody" and (d) The actual mar,et value of the propertyThe applicant must also give a bond( e0ecuted to the adverse party in double the value of the property as stated in the affidavit aforementioned( for the return of the property to the adverse party if such return be ad1udged( and for the payment to the adverse party of such sum as he may recover from the applicant in the action- (!a) %ection 3. (rder- Y Hpon the filing of such affidavit and approval of the bond( the court shall issue an order and the corresponding writ of replevin( describing the personal property alleged to be wrongfully detained and re$uiring the sheriff forthwith to ta,e such property into his custody- (%a) %ection 4. Duty of the sheriff: Y Hpon receiving such order( the sheriff must serve a copy thereof on the adverse party( together with a copy of the application( affidavit and bond( and must forthwith ta,e the property( if it be in the possession of the adverse party( or his agent( and retain it in his custody- #f the property or any part thereof be concealed in a building or enclosure( the sheriff must demand its delivery( and if it be not delivered( he must cause the building or enclosure to be bro,en open and ta,e the property into his possession- After the sheriff has ta,e possession of the property as herein provided( he must ,eep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary e0penses for ta,ing and ,eeping the same(&a) %ection 5. Return of property- Y #f the adverse party ob1ects to the sufficiency of the applicantFs bond( or of the surety or sureties thereon( he cannot immediately re$uire the return of the property( but if he does not so ob1ect( he may( at any time before the delivery of the property to the applicant( re$uire the return thereof( by filing with the court where the action is pending a bond e0ecuted to the applicant( in double the value of the property as stated in the applicantFs affidavit for the delivery thereof to the applicant( if such delivery be ad1udged( and for the payment of such sum( to him as may be recovered against the adverse party( and by serving a copy of such bond on the applicant- (*a) %ection 8. Disposition of property by sheriff: Y #f within five (*) days after the ta,ing of the property by the sheriff( the adverse party does not ob1ect to the sufficiency of the bond( or of the surety or sureties thereon" or if the adverse party so ob1ects and the court affirms its approval of the applicantFs bond or approves a new bond( or if the adverse party re$uires the return of the property but his bond is ob1ected to and found insufficient and he does not forthwith file an approved bond( the property shall be delivered to the applicant- #f for any reason the property is not delivered to the applicant( the sheriff must return it to the adverse party- (Ga) %ection 7. Proceedings %here property claimed by third person - Y #f the property ta,en is claimed by any person other than the party against whom the writ of replevin had been issued or his agent( and such person ma,es an affidavit of his title thereto( or right to the possession thereof( stating the grounds therefor( and serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant( the sheriff shall not be bound to ,eep the property under replevin or deliver it to the applicant unless the applicant or his agent( on demand of said sheriff( shall file a bond approved by the court to indemnify the third)party claimant in a sum not less than the value of the property under replevin as provided in section ! hereof- #n case of disagreement as to such value( the court shall determine the same- 5o claim for damages for the ta,ing or ,eeping( of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (1! ) days from the date of the filing of the bondThe sheriff shall not be liable for damages( for the ta,ing or ,eeping of such property( to any such third)party claimant if such bond shall be filed- 5othing herein contained shall prevent such claimant or any third person from vindicating his claim to the property( or prevent the applicant from claiming damages against a third)party claimant who filed a frivolous or plainly spurious claim( in the same or a separate action/hen the writ of replevin is issued in favor of the Republic of the +hilippines( or any officer duly representing it( the filing of such bond shall not be re$uired( and in case the sheriff is sued for damages as a result of the replevin( he shall be represented by the 'olicitor @eneral( and if held liable therefor( the actual damages ad1udged by the court shall be paid by the 5ational Treasurer out of the funds to be appropriated for the purpose- (Ba) %ection 8. Return of papers- Y The sheriff must file the order( with his proceedings indorsed( thereon( with the court within ten (1 ) days after ta,ing the property mentioned therein- (8a) %ection 9. 0udgment- Y After trial of the issues the court shall determine who has the right of possession to and the value of the property and shall render 1udgment in the alternative for the delivery thereof to the party entitled to the

same( or for its value in case delivery cannot be made( and also for such damages as either party may prove( with costs- (6a) %ection 19. 0udgment to include recovery against sureties - Y The amount( if any( to be awarded to any party upon any bond filed in accordance with the provisions of this Rule( shall be claimed( ascertained( and granted under the same procedure as prescribed in section ! of Rule *B- (1 a) R'&# 79 !o+cible #nt+0 *n: 'nl*23ul Det*ine+ %ection 1. ;ho may institute proceedings ( and %hen- Y 'ub1ect to the provisions of the ne0t succeeding section( a person deprived of the possession of any land or building by force( intimidation( threat( strategy( or stealth( or a lessor( vendor( vendee( or other person against whom the possession of any land or building is unlawfully withheld after the e0piration or termination of the right to hold possession( by virtue of any contract( e0press or implied( or the legal representatives or assigns of any such lessor( vendor( vendee( or other person( may( at any time within one (1) year after such unlawful deprivation or withholding of possession( bring an action in the proper .unicipal Trial Court against the person or persons unlawfully withholding or depriving of possession( or any person or persons claiming under them( for the restitution of such possession( together with damages and costs- (1a) %ection 2. <essor to proceed against lessee only after demand - Y Hnless otherwise stipulated( such action by the lesser shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee( or by serving written notice of such demand upon the person found on the premises if no person be found thereon( and the lessee fails to comply therewith after fifteen (1*) days in the case of land or five (*) days in the case of buildings- (!a) %ection 3. Summary procedure- Y 40cept in cases covered by the agricultural tenancy laws or when the law otherwise e0pressly provides( all actions for forcible entry and unlawful detainer( irrespective of the amount of damages or unpaid rentals sought to be recovered( shall be governed by the summary procedure hereunder provided(n) %ection 4. Pleadings allo%ed- Y The only pleadings allowed to be filed are the complaint( compulsory counterclaim and cross)claim pleaded in the answer( and the answers thereto- All pleadings shall be verified- (%a( R'+) %ection 5. Action on complaint- Y The court may( from an e0amination of the allegations in the complaint and such evidence as may be attached thereto( dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent therein- #f no ground for dismissal is found( it shall forthwith issue summons- (n) %ection 8. Ans%ers- Y /ithin ten (1 ) days from service of summons( the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiff- Affirmative and negative defenses not pleaded therein shall be deemed waived( e0cept lac, of 1urisdiction over the sub1ect matter- Cross)claims and compulsory counterclaims not asserted in the answer shall be considered barred- The answer to counterclaims or cross)claims shall be served and filed within ten (1 ) days from service of the answer in which they are pleaded- (* R'+) %ection 7. ffect of failure to ans%er- Y 'hould the defendant fail to answer the complaint within the period above provided( the court( motu proprio or on motion of the plaintiff( shall render 1udgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein- The court may in its discretion reduce the amount of damages and attorneyFs fees claimed for being e0cessive or otherwise unconscionable( without pre1udice to the applicability of section % (c)( Rule 6 if there are two or more defendants(G( R'+) %ection 8. Preliminary conference" appearance of parties - Y 5ot later than thirty (% ) days after the last answer is filed( a preliminary conference shall be held- The provisions of Rule 18 on pre)trial shall be applicable to the preliminary conference unless inconsistent with the provisions of this RuleThe failure of the plaintiff to appear in the preliminary conference shall be cause for the dismissal of his complaint- The defendant who appears in the absence of the plaintiff shall be entitled to 1udgment on his counterclaim in accordance with the ne0t preceding section- All cross)claims shall be dismissed- (B( R'+) #f a sole defendant shall fail to appear( the plaintiff shall li,ewise be entitled to 1udgment in accordance with the ne0t preceding section- This procedure shall not apply where one of two or more defendants sued under a common cause of action defense shall appear at the preliminary conference5o postponement of the preliminary conference shall be granted e0cept for highly meritorious grounds and without pre1udice to such sanctions as the court in the e0ercise of sound discretion may impose on the movant- (n) %ection 9. Record of preliminary conference- Y /ithin five (*) days after the termination of the preliminary conference( the court shall issue an order stating the matters ta,en up therein( including but not limited to: 1- /hether the parties have arrived at an amicable settlement( and if so( the terms thereof" !- The stipulations or admissions entered into by the parties" %- /hether( on the basis of the pleadings and the stipulations and admission made by the parties( 1udgment may be rendered without the need of further proceedings( in which event the 1udgment shall be rendered within thirty (% ) days from issuance of the order" &- A clear specification of material facts which remain converted" and *- 'uch other matters intended to e0pedite the disposition of the case- (8( R'+) %ection 19. Submission of affidavits and position papers - Y /ithin ten (1 ) days from receipt of the order mentioned in the ne0t preceding section( the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order( together with their position papers setting forth the law and the facts relied upon by them- (6( R'+)

%ection 11. Period for rendition of 7udgment- Y /ithin thirty (% ) days after receipt of the affidavits and position papers( or the e0piration of the period for filing the same( the court shall render 1udgment>owever( should the court find it necessary to clarify certain material facts( during the said period( issue an order specifying the matters to be clarified( and re$uire the parties to submit affidavits or other evidence on the said matters within ten (1 ) days from receipt of said order- ?udgment shall be rendered within fifteen (1*) days after the receipt of the last affidavit or the e0piration of the period for filing the sameThe court shall not resort to the foregoing procedure 1ust to gain time for the rendition of the 1udgment- (n) %ection 12. Referral for conciliation - Y Cases re$uiring referral for conciliation( where there is no showing of compliance with such re$uirement( shall be dismissed without pre1udice( and may be revived only after that re$uirement shall have been complied with- (18a( R'+) %ection 13. Prohibited pleadings and motions- Y The following petitions( motions( or pleadings shall not be allowed: 1- .otion to dismiss the complaint e0cept on the ground of lac, of 1urisdiction over the sub1ect matter( or failure to comply with section 1!" !- .otion for a bill of particulars" %- .otion for new trial( or for reconsideration of a 1udgment( or for reopening of trial" &- +etition for relief from 1udgment" *- .otion for e0tension of time to file pleadings( affidavits or any other paper" G- .emoranda" B- +etition for certiorari( mandamus( or prohibition against any interlocutory order issued by the court" 8- .otion to declare the defendant in default" 6- 3ilatory motions for postponement" 1 - Reply" 11- Third)party complaints" 1!- #nterventions- (16a( R'+) %ection 14. Affidavits- Y The affidavits re$uired to be submitted under this Rule shall state only facts of direct personal ,nowledge of the affiants which are admissible in evidence( and shall show their competence to testify to the matters stated thereinA violation of this re$uirement may sub1ect the party or the counsel who submits the same to disciplinary action( and shall be cause to e0punge the inadmissible affidavit or portion thereof from the record- (! ( R'+) %ection 15. Preliminary in7unction- Y The court may grant preliminary in1unction( in accordance with the provisions of Rule *8 hereof( to prevent the defendant from committing further acts of dispossession against the plaintiffA possessor deprived of his possession through forcible from the filing of the complaint( present a motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary mandatory in1unction to restore him in his possession- The court shall decide the motion within thirty (% ) days from the filing thereof- (%a) %ection 18. Resolving defense of o%nership- Y /hen the defendant raises the defense of ownership in his pleadings and the $uestion of possession cannot be resolved without deciding the issue of ownership( the issue of ownership shall be resolved only to determine the issue of possession- (&a) %ection 17. 0udgment- Y #f after trial court finds that the allegations of the complaint are true( it shall render 1udgment in favor of the plaintiff for the restitution of the premises( the sum 1ustly due as arrears of rent or as reasonable compensation for the use and occupation of the premises( attorneyFs fees and costs- #f a counterclaim is established( the court shall render 1udgment for the sum found in arrears from either party and award costs as 1ustice re$uires- (Ga) %ection 18. 0udgment conclusive only on possession " not conclusive in actions involving title or o%nership- Y The 1udgment rendered in an action for forcible entry or detainer shall be conclusive with respect to the possession only and shall in no wise bind the title or affect the ownership of the land or building- 'uch 1udgment shall not bar an action between the same parties respecting title to the land or buildingThe 1udgment or final order shall be appealable to the appropriate Regional Trial Court which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda andEor briefs as may be submitted by the parties or re$uired by the Regional Trial Court- (Ba) %ection 19. $mmediate e+ecution of 7udgment" ho% to stay same- Y #f 1udgment is rendered against the defendant( e0ecution shall issue immediately upon motion unless an appeal has been perfected and the defendant to stay e0ecution files a sufficient supersedeas bond( approved by the .unicipal Trial Court and e0ecuted in favor of the plaintiff to pay the rents( damages( and costs accruing down to the time of the 1udgment appealed from( and unless( during the pendency of the appeal( he deposits with the appellate court the amount of rent due from time to time under the contract( if any( as determined by the 1udgment of the .unicipal Trial Court- #n the absence of a contract( he shall deposit with the Regional Trial Court the reasonable value of the use and occupation of the premises for the preceding month or period at the rate determined by the 1udgment of the lower court on or before the tenth day of each succeeding month or period- The supersedeas bond shall be transmitted by the .unicipal Trial Court( with the papers( to the cler, of the Regional Trial Court to which the action is appealedAll amounts so paid to the appellate court shall be deposited with said court or authori2ed government depositary ban,( and shall be held there until the final disposition of the appeal( unless the court( by agreement of the interested parties( or in the absence of reasonable grounds of opposition to a motion to withdraw( or for 1ustifiable reasons( shall decree otherwise- 'hould the defendant fail to ma,e the payments above prescribed from time to time during the pendency of the appeal( the appellate court( upon motion of the plaintiff( and upon proof of such failure( shall order the e0ecution of the 1udgment appealed from with respect to the restoration of possession( but such e0ecution shall not be a bar to the appeal ta,ing its course until the final disposition thereof on the merits-

After the case is decided by the Regional Trial Court( any money paid to the court by the defendant for purposes of the stay of e0ecution shall be disposed of in accordance with the provisions of the 1udgment of the Regional Trial Court- #n any case wherein it appears that the defendant has been deprived of the lawful possession of land or building pending the appeal by virtue of the e0ecution of the 1udgment of the .unicipal Trial Court( damages for such deprivation of possession and restoration of possession and restoration of possession may be allowed the defendant in the 1udgment of the Regional Trial Court disposing of the appeal- (8a) %ection 29. Preliminary mandatory in7unction in case of appeal - Y Hpon motion of the plaintiff( within ten (1 ) days from the perfection of the appeal to the Regional Trial Court( the latter may issue a writ of preliminary mandatory in1unction to restore the plaintiff in possession if the court is satisfied that the defendantFs appeal is frivolous or dilatory or that the appeal of the plaintiff is prima facie meritorious- (6a) %ection 21. $mmediate e+ecution on appeal to Court of Appeals or Supreme Court- Y The 1udgment of the Regional Trial Court against the defendant shall be immediately e0ecutory( without pre1udice to a further appeal that may be ta,en therefrom- (1 a)

;)*t i- R.A. No. 9993A Republic Act 5o- 6 % or the +hilippine 4cological 'olid /aste .anagement Act of ! provides the legal framewor, for the country9s systematic( comprehensive( and ecological solid waste management program that shall ensure protection of public health and the environment- #t emphasi2es the need to create the necessary mechanisms and incentives to pursue an effective solid waste management at the local government levels;)*t *+e t)e i4po+t*nt 3e*tu+e- o3 t)e %oli: ;*-te "*n*7e4ent ActA a- Creation of the 5ational 'olid /aste .anagement Commission (5'/.C)( the 5ational 4cology Center (54C)( and the 'olid /aste .anagement 7oard in every province( city and municipality in the countryThe 5'/.C shall be responsible in the formulation of the 5ational 'olid /aste .anagement Dramewor, (5'/.D) and other policies on solid waste( in overseeing the implementation of solid waste management plans and the management of the solid waste management fundThe 54C( on the other hand( shall be responsible for consulting( information( training and networ,ing services relative to the implementation of R-A-5o- 6 %The 'olid /aste .anagement 7oard of provinces( cities( and municipalities shall be responsible for the development of their respective solid waste management plans-

b- Dormulation of the 5'/.D: 1 )year solid management plans by local government units" c- .andatory segregation of solid waste to be conducted primarily at the source such as household( institutional( industrial( commercial and agricultural sources" d- 'etting of minimum re$uirements to ensure systematic collection and transport of wastes and the proper protection of garbage collectorsF health" e- 4stablishment of reclamation programs and buy)bac, centers for recyclable and to0ic materials" f- +romotion of eco)labeling in local products and services" g- +rohibition on non)environmentally acceptable products and pac,aging" h- 4stablishment of .aterials Recovery Dacility (.RD) in every barangay or cluster of barangays" i- +rohibition against the use of open dumps" 1- 'etting of guidelinesEcriteria for the establishment of controlled dumps and sanitary landfills" ,- +rovision of rewards( incentives both monetary and non)monetary( financial assistance( grants and the li,e to encourage :@Hs and the general public to underta,e effective solid waste management" and l- +romotion of research on solid waste management and environmental education in the formal and non)formal sectors-