P.D. No.

705 (The Forestry Code), as amended

Section 3: Definitionsc) Alienable and disposable lands refer to those lands of
the public domain which have been the subject of the
present system of classification and declared as not
needed for forest purposes.
q) Forest products means timber, pulpwood, firewood,
bark, tree top, resin, gum, wood, oil, honey, beeswax,
nipa, rattan, or other forest growth such as grass, shrub,
and flowering plant, the associated water, fish, game,
scenic, historical, recreational and geologic resources in
forest lands.
cc) Lease is a privilege granted by the State to a person to
occupy and possess, in consideration of specified rental,
any forest land of the public domain in order to undertake
any authorized activity therein.
dd) License is a privilege granted by the State to a person
to utilize forest resources within any forest land, without
any right of occupation and possession over the same, to
the exclusion of others, or establish and operate a woodprocessing plant, or conduct any activity involving the
utilization of any forest resources.

ee) License agreement is a privilege granted by the State

to a person to utilize forest resources within any forest
land with the right of possession and occupation thereof
to the exclusion of others, except the government, but
with the corresponding obligation to develop, protect and
rehabilitate the same in accordance with the terms and
conditions set forth in said agreement.
ff) Permit is short-term privilege or authority granted by
the State to a person to utilize any limited forest resources
or undertake a limited activity within any forest land
without any right of occupation and possession therein.
SECTION 15. Topography. No land of the public domain
eighteen per cent (18%) in slope or over shall be classified
as alienable and disposable, nor any forest land fifty per
cent (50%) in slope or over, as grazing land.
Lands eighteen per cent (18%) in slope or over which
have already been declared as alienable and disposable
shall be reverted to the classification of forest lands by the
Department Head, to form part of the forest reserves,
unless they are already covered by existing titles or
approved public land application, or actually occupied
openly, continuously, adversely and publicly for a period
of not less than thirty (30) years as of the effectivity of
this Code, where the occupant is qualified for a free
patent under the Public Land Act: Provided, That said
lands, which are not yet part of a well-established
communities, shall be kept in a vegetative condition
sufficient to prevent erosion and adverse effects on the
lowlands and streams: Provided, Further, That when public

interest so requires, steps shall be taken to expropriate,

cancel defective titles, reject public land application, or
eject occupants thereof.
SECTION 16. Areas Needed for Forest Purposes. The
following lands, even if they are below eighteen per cent
(18%) in slope, are needed for forest purposes, and may
not, therefore, be classified as alienable and disposable
land, to wit:

8) Strips of mangrove or swamplands at least twenty (20)

meters wide, along shorelines facing oceans, lakes, and
other bodies of water, and strips of land at least twenty
(20) meters wide facing lakes;
9) Areas needed for other purposes, such as national
parks, national historical sites, game refuges and wildlife
sanctuaries, forest station sites, and others of public
interest; and

1) Areas less than 250 hectares which are far from, or are
not contiguous with, any certified alienable and disposable
land;

10) Areas previously proclaimed by the President as forest

reserves, national parks, game refuge, bird sanctuaries,
national shrines, national historic sites:

2) Isolated patches of forest of at least five (5) hectares

with rocky terrain, or which protect a spring for communal
use;

Provided, That in case an area falling under any of the

foregoing categories shall have been titled in favor of any
person, steps shall be taken, if public interest so requires,
to have said title cancelled or amended, or the titled area
expropriated.

3) Areas which have already been reforested;

4) Areas within forest concessions which are timbered or
have good residual stocking to support an existing, or
approved to be established, wood processing plant;
5) Ridge tops and plateaus regardless of size found within,
or surrounded wholly or partly by, forest lands where
headwaters emanate;
6) Appropriately located road-rights-or-way;
7) Twenty-meter strips of land along the edge of the
normal high waterline of rivers and streams with channels
of at least five (5) meters wide;

SECTION 20. License Agreement, License, Lease or Permit.

No person may utilize, exploit, occupy, possess or
conduct any activity within any forest and grazing land, or
establish, install, add and operate any wood or forest
products processing plant, unless he had been authorized
to do under a license agreement, license, lease or permit:
Provided, That when the national interest so requires, the
President may amend, modify, replace, or rescind any
contract, concession, permit, license, or any other form of
privilege granted herein: Provided, further, That upon the
recommendation of the appropriate government agency,
the President may, pending the conduct of appropriate

hearing, order the summary suspension of any such

contract, concession, license, permit, lease or privilege
granted under this decree for violation of any of the
condition therein such as those pertaining but not limited
to reforestation, pollution, environmental protection,
export limitation or such condition as are prescribed by
the Minister of Natural Resources in daily issued
regulations.
SECTION 27. Duration of License Agreement or License to
Harvest Timber in Forest Lands. The duration of the
privilege to harvest timber in any particular forest land
under a license agreement or license shall be fixed and
determined in accordance with the annual allowable cut
therein, the established cutting cycle thereof, the yield
capacity of harvestable timber, and the capacity of
healthy residuals for a second growth.
SECTION 68. Measuring of Forest Products and Invoicing
and Collection of Charges Thereon. The duties incident
to the measuring of forest products shall be discharged by
the Forest Management Bureau under regulations of the
Department of Environment and Natural Resources. The
invoicing and collection of the charges thereon shall be
done by the Forest Management Bureau under regulations
approved by the Secretary of Environment and Natural
Resources.

R.A. No. 3571 (AN ACT TO PROHIBIT THE CUTTING,

DESTROYING OR INJURING OF PLANTED OR GROWING
TREES, FLOWERING PLANTS AND SHRUBS OR PLANTS OF
SCENIC VALUE ALONG PUBLIC ROADS, IN PLAZAS, PARKS,
SCHOOL PREMISES OR IN ANY OTHER PUBLIC GROUND.)
SEC. 2. For the purpose of carrying out effectively the
provisions of this Act, the Director of Parks and Wildlife
shall have the power to create a committee in each and
every municipality in the Philippines and shall appoint any
civic conscious and well-travelled citizen as chairman, and
the municipal
mayor, the municipal treasurer, the supervising school
teacher, and the municipal health officer, as ex-officio
members thereof. The Director of Parks and Wildlife shall
also have the power to issue and promulgate rules and
regulations as may be necessary in carrying out the
provisions of this Act.
The Chairman shall receive compensation of one peso per
annum to be paid out of the funds of the city or
municipality concerned, and the members shall not
receive extra compensation. The committee shall have the
power to implement the rules and regulations issued by
the Director of Parks and Wildlife under the provisions of
this Act.
The committee shall coordinate with the Director of Parks
and Wildlife in the beautification of their respective
locality and shall under its supervision, require school

children on Arbor Day to plant trees and flowering plants

of useful and scenic value in places provided for in the
preceding paragraph.

an electric light, heat and power system for the purpose

of generating and distributing electric light, heat and/or
power for sale within the Municipality of Dumangas,
Province of Iloilo.

SEC. 3. No cutting, destroying, or injuring of planted or

growing trees, flowering plants and shrubs or plants of
scenic value along public roads, in plazas parks, school
premises or in any other public ground shall be permitted
save when the cutting, destroying, or injuring of same is
necessary for public safety, or such pruning of same is
necessary to enhance its beauty and only upon the
recommendation of the committee mentioned in the
preceding section, and upon the approval of the Director
of Parks and Wildlife. The cutting, destroying, or pruning
shall be under the supervision of
the committee.

Sec. 2. In the event that the grantee shall purchase and

secure from the National Power Corporation electric heat
and power, the National Power Corporation is hereby
authorized to negotiate and transact for the benefit and in
behalf of the public consumers with reference to rates.

C.R.A. No. 3752 ( AN ACT GRANTING OLIMPIA DECOLOGON

A FRANCHISE TO INSTALL, MAINTAIN AND OPERATE AN
ELECTRIC LIGHT, HEAT AND POWER SYSTEM IN THE
MUNICIPALITY OF DUMANGAS, PROVINCE OF ILOILO)
Section 1. Subject to the terms and conditions established
in Act Numbered Thirty-Six Hundred and Thirty-Six, as
amended by Commonwealth Act Numbered One hundred
and thirty-two, and to the provisions of the Constitution,
there is granted to Olimpia Decologon, for a period of
twenty-five years from the approval of this Act, the right,
privilege and authority to construct, maintain and operate

Sec. 3. The rates for the sale of electric light, heat and
power shall always be subject to the regulation of the
Public Service Commission.
Sec. 4. It is expressly provided that in the event the
Government should desire to maintain and operate for
itself the system and enterprise herein authorized, the
grantee shall surrender her franchise and will turn over to
the Government all serviceable equipment therein, at
cost, less reasonable depreciation.
Sec. 5. This Act shall take effect upon its approval.
D. R.A. No. 7586 (AN ACT PROVIDING FOR THE
ESTABLISHMENT AND MANAGEMENT OF NATIONAL
INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS
SCOPE AND COVERAGE, AND FOR OTHER PURPOSES.)
Sec. 4.
Definition of Terms For purposes of this Act,
the following terms shall be defined as follows:

b. Protected Area refers to identified portions of land

and water set aside by reason of their unique physical and
biological significance, managed to enhance biological
diversity and protected against destructive human
exploitation;
SECTION 20.
Prohibited Acts. Except as may be
allowed by the nature of their categories and pursuant to
rules and regulations governing the same, the following
acts are prohibited within protected areas:
a.
Hunting, destroying, disturbing, or mere
possession of any plants or animals or products derived
therefrom without a permit from the Management Board;
b.
Dumping of any waste products detrimental to the
protected area, or to the plants and animals or inhabitants
therein;
c.
Use of any motorized equipment without a permit
from the Management Board;
d.
Mutilating, defacing or destroying objects of
natural beauty, or objects of interest to cultural
communities (of scenic value);
e.
Damaging and leaving roads and trails in a
damaged condition;
f.
Squatting, mineral locating, or otherwise
occupying any land;
g.
Constructing or maintaining any kind of structure,
fence or enclosures, conducting any business enterprise
without a permit;

h.
Leaving in exposed or unsanitary conditions refuse
or debris, or depositing in ground or in bodies of water;
and
i.
Altering, removing destroying or defacing
boundary marks or signs.
E. R.A. No. 8371 (AN ACT TO RECOGNIZE, PROTECT AND
PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLES, CREATING A
NATIONAL COMMISSION ON INDIGENOUS PEOPLES,
ESTABLISHING IMPLEMENTING MECHANISMS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES)
SECTION 3.
Definition of Terms. For purposes of
this Act, the following terms shall mean:
a)
Ancestral Domains Subject to Section 56
hereof, refer to all areas generally belonging to ICCs/IPs
comprising lands, inland waters, coastal areas, and
natural resources therein, held under a claim of
ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or
individually since time immemorial, continuously to the
present except when interrupted by war, force majeure or
displacement by force, deceit, stealth or as a
consequence of government projects or any other
voluntary dealings entered into by government and
private individuals/corporations, and which are necessary
to ensure their economic, social and cultural welfare. It
shall include ancestral lands, forests, pasture, residential,

agricultural, and other lands individually owned whether

alienable and disposable or otherwise, hunting grounds,
burial grounds, worship areas, bodies of water, mineral
and other natural resources, and lands which may no
longer be exclusively occupied by ICCs/IPs but from which
they traditionally had access to for their subsistence and
traditional activities, particularly the home ranges of
ICCs/IPs who are still nomadic and/or shifting cultivators;
b)
Ancestral Lands Subject to Section 56
hereof, refers to land occupied, possessed and utilized by
individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themselves or through
their predecessors-in-interest, under claims of individual
or traditional group ownership, continuously, to the
present except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a
consequence of government projects and other voluntary
dealings entered into by government and private
individuals/corporations, including, but not limited to,
residential lots, rice terraces or paddies, private forests,
swidden farms and tree lots;
c)
Certificate of Ancestral Domain Title refers to
a title formally recognizing the rights of possession and
ownership of ICCs/IPs over their ancestral domains
identified and delineated in accordance with this law;
d)
Certificate of Ancestral Lands Title refers to a
title formally recognizing the rights of ICCs/IPs over their
ancestral lands;

F. R.A. No. 9174 (AN ACT PROVIDING FOR THE

CONSERVATION AND PROTECTION OF WILDLIFE
RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES)
SECTION 5. Definition of Terms. As used in this Act, the
term:
(a) Bioprospecting means the research, collection and
utilization of biological and genetic resources for purposes
of applying the knowledge derived therefrom solely for
commercial purposes;
SECTION 7. Collection of Wildlife. Collection of wildlife
may be allowed in accordance with Section 6 of this Act:
Provided, That in the collection of wildlife, appropriate and
acceptable wildlife collection techniques with least or no
detrimental effects to the existing wildlife populations and
their habitats shall, likewise, be required: Provided,
further, That collection of wildlife by indigenous people
may be allowed for traditional use and not primarily for
trade: Provided, furthermore, That collection and
utilization for said purpose shall not cover threatened
species: Provided, finally, That Section 23 of this Act shall
govern the collection of threatened species.
SECTION 8. Possession of Wildlife. No person or entity
shall be allowed possession of wildlife unless such person
or entity can prove financial and technical capability and
facility to maintain said wildlife: Provided, That the source
was not obtained in violation of this Act.

SECTION 9. Collection and/or Possession of By-Products

and Derivatives. By-products and derivatives may be
collected and/or possessed: Provided, That the source was
not obtained in violation of this Act.
SECTION 10. Local Transport of Wildlife, By-Products and
Derivatives. Local transport of wildlife, by-products and
derivatives collected or possessed through any other
means shall be authorized unless the same is prejudicial
to the wildlife and public health.
SECTION 14. Bioprospecting. Bioprospecting shall be
allowed upon execution of an undertaking by any
proponent, stipulating therein its compliance with and
commitment(s) to reasonable terms and conditions that
may be imposed by the Secretary which are necessary to
protect biological diversity.
The Secretary or the authorized representative, in
consultation with the concerned agencies, before granting
the necessary permit, shall require that prior informed
consent be obtained by the applicant from the concerned
indigenous cultural communities, local communities,
management board under Republic Act No. 7586 or
private individual or entity. The applicant shall disclose
fully the intent and scope of the bioprospecting activity in
a language and process understandable to the community.
The prior informed consent from the indigenous peoples
shall be obtained in accordance with existing laws. The
action on the bioprospecting proposal by concerned
bodies shall be made within a reasonable period.

Upon submission of the complete requirements, the

Secretary shall act on the research proposal within a
reasonable period.
If the applicant is a foreign entity or individual, a local
institution should be actively involved in the research,
collection and, whenever applicable and appropriate, in
the technological development of the products derived
from the biological and genetic resources.
SECTION 15. Scientific Researches on Wildlife.
Collection and utilization of biological resources for
scientific research and not for commercial purposes shall
be allowed upon execution of an undertaking/agreement
with and issuance of a gratuitous permit by the Secretary
or the authorized representative: Provided, That prior
clearance from concerned bodies shall be secured before
the issuance of the gratuitous permit: Provided, further,
That the last paragraph of Section 14 shall likewise apply.
SECTION 27. Illegal Acts. Unless otherwise allowed in
accordance with this Act, it shall be unlawful for any
person to willfully and knowingly exploit wildlife resources
and their habitats, or undertake the following acts:
(a) killing and destroying wildlife species, except in the
following instances;
(i) when it is done as part of the religious rituals of
established tribal groups or indigenous cultural
communities;
(ii) when the wildlife is afflicted with an incurable
communicable disease;

(iii) when it is deemed necessary to put an end to the

misery suffered by the wildlife;

(h) maltreating and/or inflicting other injuries not covered

by the preceding paragraph; and

(iv) when it is done to prevent an imminent danger to the

life or limb of a human being; and

(i) transporting of wildlife.

(v) when the wildlife is killed or destroyed after it has been

used in authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the
reproductive system of wildlife species;

G. P.D. No. 1151 (

AN ACT CREATING THE LAND REGISTRATION COMMISSION,
AND AUTHORIZING AND APPROPRIATING THE NECESSARY
FUNDS THEREFOR

(c) effecting any of the following acts in critical habitat(s):

(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the
critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife
resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their byproducts and derivatives;
(g) gathering or destroying of active nests, nest trees,
host plants and the like;

Section 1.
Land Registration Commission. In order to
have a more efficient execution of the existing laws
relative to the registration of lands, there is created a
commission to be known as the Land Registration
Commission, under the executive supervision of the
Secretary of Justice. Said Commission shall have
supervision and control over all Registers of Deeds, as
well as the clerical and archival system of the Courts of
First Instance throughout the Philippines in the exercise of
the duties and functions conferred upon them with the
reference to the registration of lands, and shall constitute
a central repository of original records in matters
connected with land titles and the registration thereof."
Sec. 2.
Chief and Assistant Chief of the Commission.
The Land Registration Commission shall have a chief and
an assistant chief, to be known, respectively, as the
Commissioner and the Assistant Commissioner of Land
Registration who shall be appointed by the President with

the consent of the Commission on Appointments. The

Commissioner shall be a duly qualified member of the
Philippine Bar with at least five years of practice in the
legal profession, and shall be entitled to the same
compensation, emoluments and privileges as those of a
Judge of the Court of First Instance. The Assistant
Commissioner, who shall possess the same qualifications
as those required of the Commissioner, shall receive
compensation at the rate of seven thousand two hundred
pesos per annum. He shall act as Commissioner of Land
Registration during the absence or disability of the
Commissioner, and when there is a vacancy in the
position until another person shall have been designated
or appointed in accordance with law. The Assistant
Commissioner shall also perform such other functions as
the Commissioner may assign to him.
Sec. 3.
General functions of the Commission. The
Commissioner of land Registration shall take over all the
powers and functions as are now conferred upon the Chief
of the General Land Registration Office, which positions is
hereby abolished, as well as the powers and functions of
the Judge of the Fourth Branch of the Court of First
Instance of Manila, in all matters heretofore submitted to
it for resolution under section two hundred of the
Administrative Code. The Commissioner shall likewise
exercise executive supervision over all the personnel of
the Courts of First Instance throughout the Philippines
with respect to the discharge of duties and functions
conferred by law upon such personnel in relation to

registration of lands, and all clerks of said courts acting

with respect to the same shall be deemed to be under the
Commissioner. It shall be the duty of said clerks of court
to attend, either in person or by deputy, all sessions of
their respective courts wherein proceedings relative to
registration of lands are held, to keep minutes of such
proceedings, and to perform with reference thereto all the
duties and functions of clerks of court. The Commissioner
of Land Registration shall designate an officer under him
to act as clerk of the fourth branch of the Court of First
Instance of Manila in matters relating to the registration of
land and perform in connection therewith all the duties
and functions of clerk of court.cralaw
The Commissioner of Land Registration shall see to it shall
all orders, decisions, and decrees promulgated relative to
the registration of lands are properly attended to and
given due course, for which purpose he shall issue all
needful rules and regulations, subject to the approval of
the Secretary of Justice.
Sec. 4.
Reference of doubtful matters to Commissioner
of Land Registration. When the Register of Deeds is in
doubt with regard to the proper step to be taken or
memorandum to be made in pursuance of any deed,
mortgage, or other instrument presented to him for
registration, or where any party in interest does not agree
with the Register of Deeds with reference to any such
matter, the question shall be submitted to the
Commissioner of Land Registration either upon the

certification of the Register of Deeds, stating the question

upon which he is in doubt, or upon the suggestion in
writing by the party in interest; and thereupon the
Commissioner, after consideration of the matter shown by
the records certified to him, and in case of registered
lands, after notice to the parties and hearing, shall enter
an order prescribing the step to be taken or memorandum
to be made. His decision in such cases shall be conclusive
and binding upon all Registers of Deeds: Provided,
however, That when a party in interest disagrees with the
ruling or resolution of the Commissioner and the issue
involves a question of law, said decision may be appealed
to the Supreme Court within thirty days from and after
receipt of the notice thereof.cralaw
Sec. 5.
Transfer of functions, records, personnel,
appropriation and properties. All the functions, records,
personnel, equipment, unexpended appropriations and
other properties of the General Land Registration Office
are hereby transferred to the Land Registration
Commission.cralaw
Sec. 6.
Repealing Clause. All existing laws or parts
thereof as may be inconsistent with the provisions of this
Act are hereby repealed.cralaw
Sec. 7.
The sum of two million pesos, or so much
thereof as may be necessary, is hereby authorized and
appropriated, out of any funds in the National Treasury not
otherwise appropriated, to carry out the purposes of this
Act, for the fiscal year ending June thirty, nineteen
hundred and fifty-five, broken down as follows:

Salaries and Wages

Sundry expenses

P1,542,040.00
226,960.00

Furniture and equipment

231,000.00

The same sum or so much thereof as may be necessary

shall be included yearly in the appropriation acts for
subsequent fiscal years.
Sec. 8.

This Act shall take effect upon its approval.

H. P.D. No. 1586 (ESTABLISHING AN ENVIRONMENTAL

IMPACT STATEMENT SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND
FOR OTHER PURPOSES)
Section 2. Environmental Impact Statement System. There
is hereby established an Environmental Impact Statement
System founded and based on the environmental impact
statement required, under Section 4 of Presidential Decree
No. 1151, of all agencies and instrumentalities of the
national government, including government-owned or
controlled corporations, as well as private corporations,
firms and entities, for every proposed project and
undertaking which significantly affect the quality of the
environment.
Section 4. Presidential Proclamation of Environmentally
Critical Areas and Projects. The President of the Philippines
may, on his own initiative or upon recommendation of the

National Environmental Protection Council, by

proclamation declare certain projects, undertakings or
areas in the country as environmentally critical. No
person, partnership or corporation shall undertake or
operate any such declared environmentally critical project
or area without first securing an Environmental
Compliance Certificate issued by the President or his duly
authorized representative. For the proper management of
said critical project or area, the President may by his
proclamation reorganize such government offices,
agencies, institutions, corporations or instrumentalities
including the re-alignment of government personnel, and
their specific functions and responsibilities.
For the same purpose as above, the Ministry of Human
Settlements shall: (a) prepare the proper land or water
use pattern for said critical project(s) or area (s); (b)
establish ambient environmental quality standards; (c)
develop a program of environmental enhancement or
protective measures against calamituous factors such as
earthquake, floods, water erosion and others, and (d)
perform such other functions as may be directed by the
President from time to time.
Section 5. Environmentally Non-Critical Projects. All other
projects, undertakings and areas not declared by the
President as environmentally critical shall be considered
as non-critical and shall not be required to submit an
environmental impact statement. The National
Environmental Protection Council, thru the Ministry of
Human Settlements may however require non-critical

projects and undertakings to provide additional

environmental safeguards as it may deem necessary.
Section 9. Penalty for Violation. Any person, corporation or
partnership found violating Section 4 of this Decree, or the
terms and conditions in the issuance of the Environmental
Compliance Certificate, or of the standards, rules and
regulations issued by the National Environmental
Protection Council pursuant to this Decree shall be
punished by the suspension or cancellation of his/its
certificate or and/or a fine in an amount not to exceed
Fifty Thousand Pesos (P50,000.00) for every violation
thereof, at the discretion of the National Environmental
Protection Council.
P.P. No. 2146 of December 14, 1981 (PROCLAIMING
CERTAIN AREAS AND TYPES OF PROJECTS AS
ENVIRONMENTALLY CRITICAL AND WITHIN THE SCOPE OF
THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM
ESTABLISHED UNDER PRESIDENTIAL DECREE NO. 1586.)
WHEREAS, it is the national policy to attain and maintain a
rational and orderly balance between socio-economic
growth and environmental conservation and protection;
WHEREAS, there is an urgent need to bring about an
intensive, integrated program of environmental protection
through a requirement of environmental impact
assessments and statements;

WHEREAS, the environmental impact statement system

established under Presidential Decree No, 1586 calls for
the proper management of environmentally critical areas;
WHEREAS, the pursuit of a comprehensive and integrated
environmental protection program necessitates the
establishment and institutionalization of a system
whereby the exigencies of socio-economic undertakings
can be reconciled with the requirements of environmental
protection and conservation;
WHEREAS, the national leadership mandates the
establishment of such a system to regulate and minimize
the environmental impacts of projects and undertakings
which may significantly affect the quality of the
environment in Presidential Decree No. 1586; and
WHEREAS, in the effective implementation of such a
system, there arises the need to identify and declare
certain projects determined to be environmentally critical;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by
law, hereby proclaim the following areas and types of
projects as environmentally critical and within the scope
of the Environmental Impact Statement System;
A. Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil

and gas
d. Smelting plants
II. Resource Extractive Industries
a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private
forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and fishpond development projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled,
hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges
B. Environmentally Critical Areas
1. All areas declared by law as national parks, watershed
reserves, wildlife preserves and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;

3. Areas which constitute the habitat for any endangered

or threatened species of indigenous Philippine Wildlife
(flora and fauna);
4. Areas of unique historic, archaeological, or scientific
interests;

strong winds and storm floods;

e. on which people are dependent for their livelihood.
12. Coral reefs characterized by one or any combinations
of the following conditions:

5. Areas which are traditionally occupied by cultural

communities or tribes;

a. With 50% and above live coralline cover;

b. Spawning and nursery grounds for fish;
c. which act as natural breakwater of coastlines.

6. Areas frequently visited and/or hard-hit by natural

calamities (geologic hazards, floods, typhoons, volcanic
activity, etc.);

J. R.A. No. 9275 (AN ACT PROVIDING FOR A

COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR
OTHER PURPOSES)

7. Areas with critical slopes;

SECTION 3. Coverage of the Act. - This Act shall apply to

water quality management in all water bodies: Provided,
That it shall primarily apply to the abatement and control
of pollution from land based sources: Provided, further,
That the water quality standards and regulations and the
civil liability and penal provisions under this Act shall be
enforced irrespective of sources of pollution.

8. Areas classified as prime agricultural lands;

9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination
of the following conditions;
a. tapped for domestic purposes
b. within the controlled and/or protected areas declared by
appropriate authorities
c. which support wildlife and fishery activities
11. Mangrove areas characterized by one or any
combination of the following conditions:
a. with primary pristine and dense young growth;
b. adjoining mouth of major river systems;
c. near or adjacent to traditional productive fry or fishing
grounds;
d. which act as natural buffers against shore erosion,

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

h) Contamination - means the production of substances
not found in the natural composition of water that make
the water less desirable or unfit desirable or unfit for
intended use.
j) Discharge includes, but is not limited to, the act of
spilling, leaking, pumping, pouring, emitting, emptying,
releasing or dumping of any material into a water body or
onto land from which it might flow or drain into said water.

l) Dumping - means any unauthorized or illegal disposal

into any body of water or land of wastes or toxic or
hazardous material: Provided, That it does not mean a
release of effluent coming from commercial, industrial,
and domestic sources which are within the effluent
standards.
bb) Pollutant- shall refer to any substance, whether solid,
liquid, gaseous or radioactive, which directly or indirectly:
(i) alters the quality of any segment of the receiving water
body to affect or tend to affect adversely any beneficial
use thereof;
(ii) is hazardous or potential hazardous to health;
(iii) imparts objectionable odor, temperature change, or
physical, chemical or biological change to any segment of
the water body; or
(iv) is in excess of the allowable limits, concentrations, or
quality standards specified, or in contravention of the
condition, limitation or restriction prescribed in this Act.
SECTION 15. Financial Liability for Environmental
Rehabilitation. - The Department shall require program
and project proponents to put up environmental
guarantee fund {EGF) as part of the environmental
management plan attached to the environmental
compliance certificate pursuant to Presidential Decree
No.1586 and its implementing rules and regulations. The
EGF shall finance the maintenance of the health of the
ecosystems and specially the conservation of watersheds
and aquifers affected by the development, and the needs

of emergency response, clean-up or rehabilitation of areas

that may be damaged during the program's or project's
actual implementation. Liability for damages shall
continue even after the termination of a program or
project and, until the lapse of a given period indicated in
the environmental compliance certificate, as determined
by the Department. The EGF may be in the form of a trust
fund, environmental insurance, surety bonds, letters of
credit, self-insurance and any other instruments which
may be identified by the Department. The choice of the
guarantee instrument or combinations thereof shall
depend, among others, on the assessment of the risks
involved and financial test mechanisms devised by the
Department. Proponents required to put up guarantee
instruments shall furnish the Department with evidence of
availment of such instruments from accredited financial
instrument providers.
SECTION 16. Clean-Up Operations. - Notwithstanding the
provisions of Sections 15 and 26 hereof, any person who
causes pollution in or pollutes water bodies in excess of
the applicable and prevailing standards shall be
responsible to contain, remove and clean-up any pollution
incident at his own expense to the extent that the same
water bodies have been rendered unfit for utilization and
beneficial use: Provided, That in the event emergency
clean-up operations are necessary and the polluter fails to
immediately undertake the same, the Department, in
coordination with other government agencies concerned,
shall conduct containment, removal and clean-up
operations. Expenses incurred in said operations shall be

reimbursed by the persons found to have caused such

pollution upon proper administrative determination in
accordance with this Act. Reimbursements of the cost
incurred shall be made to the Water Quality Management
Fund or to such other funds where said disbursements
were sourced.
SECTION 17. Programmatic Environmental Impact
Assessment. - The Department shall implement
programmatic compliance with the environmental impact
assessment system, as in the following types of
development:
a) development consisting of a series of similar projects,
or a project subdivided into several phases and/or stages
whether situated in a contiguous area or geographically
dispersed; and
b) development consisting of several components or a
cluster of projects co-located in an area such as an
industrial estate, an export processing zone, or a
development zone identified in a local land use plan.
Programmatic compliance with the environmental impact
assessment system shall be guided by carrying capacity
assessments determined from ecological profiles.
Ecological profiles shall Identify environmental constraints
and opportunities in programmatic areas. Programmatic
assessment shall also take into account cumulative
impacts and risks.
Consistent with the provisions of the Local Government
Code, the Department may enter into agreement with

LGUs to incorporate programmatic environmental impact

assessment into the preparation, updating or revision of
local land use plans and area development plans.
SECTION 27. Prohibited Acts. - The following acts are
hereby prohibited:
a) Discharging, depositing or causing to be deposited
material of any kind directly or indirectly into the water
bodies or along the margins of any surface water, where,
the same shall be liable to be washed into such surface
water, either by tide action or by storm, floods or
otherwise, which could cause water pollution or impede
natural flow in the water body;
b) Discharging, injecting or allowing to seep into the soil
or sub-soil any substance in any form that would pollute
groundwater. In the case of geothermal projects, and
subject to the approval of the Department, regulated
discharge for short- term activities (e.g. well testing,
flushing, commissioning, venting) and deep re-injection of
geothermal liquids may be allowed: Provided, That safety
measures are adopted to prevent the contamination of the
groundwater;
c) Operating facilities that discharge regulated water
pollutants without the valid required permits or after the
permit was revoked for any violation of any condition
therein;
d) Disposal of potentially infectious medical waste into sea
water by vessels unless the health or safety of individuals

on board the vessel is threatened by a great and

imminent peril;

l) Refusal to allow access by the Department to relevant

reports and records in accordance with this Act;

e) Unauthorized transport or dumping into sea waters of

sewage sludge or solid waste as defined under Republic
Act No.9003;

m) Refusal or failure to submit reports whenever required

by the Department in accordance with this Act;

f) Transport, dumping or discharge of prohibited

chemicals, substances or pollutants listed under Republic
Act No.6969;
g) Operate facilities that discharge or allow to seep,
willfully or through gross negligence, prohibited chemicals,
substances or pollutants listed under R. A. No. 6969 into
water bodies or wherein the same shall be liable to be
washed into such surface, ground, coastal, and marine
water;
h) Undertaking activities or development and expansion of
projects, or operating wastewater/sewerage facilities in
violation of Presidential Decree. No.1586 and its
implementing rules, and regulations;
i) Discharging regulated water pollutants without the valid
required discharge permit pursuant to this Act or after the
permit was revoked for any violation of condition therein;
j) Non-compliance of the LGU with the Water Quality
Framework and Management Area Action Plan. In such a
case, sanctions shall be imposed on the local government
officials concerned;
k) Refusal to allow entry, inspection and monitoring by the
Department in accordance with this Act;

n) Refusal or failure to designate pollution control officers

whenever required by, the Department in accordance with
this Act; and
o) Directly using booster pumps in the distribution system
or tampering with the water supply in such a way as to
alter or impair the water quality.
SECTION 29. Administrative Sanctions Against Noncompliance with the Water Quality Management Area
Action Plan. - Local government officials concerned shall
be subject to Administrative sanctions incase of failure to
comply with their action plan accordance with the relevant
provisions of R.A. No. 7160.
SECTION 30. Administrative Action. - Without prejudice to
the right of any affected person to file an administrative
action, the Department shall, on its own instance or upon
verified complaint by any person, institute administrative
proceedings in the proper forum against any person who
violates:
a) Standards or limitations provided by this Act; or
b) By any such order, rule or regulation issued by the
Department with respect to such standard or limitation.

K. P.D. No. 979 (PROVIDING FOR THE REVISION OF

PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE
POLLUTION)
SECTION 2. Statement of Policy. It is hereby declared a
national policy to prevent and control the pollution of seas
by the dumping of wastes and other matter which create
hazards to human health, harm living resources and
marine life, damage amenities, or interfere with the
legitimate uses of the sea within the territorial jurisdiction
of the Philippines.
SECTION 3. Definition of Terms. For the purposes of this
Decree:
a. "Discharge" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying or dumping
but does not include discharge of effluents from industrial
or manufacturing establishments, or mill of any kind. cdt
b. "Dumping" means any deliberate disposal at sea and
into navigable waters of wastes or other matter from
vessels, aircraft, platforms or other man-made structures
at sea, including the disposal of wastes or other matter
directly arising from or related to the exploration,
exploitation and associated off-shore processing of sea
bed mineral resources unless the same is permitted
and/or regulated under this decree: Provided, That it does
not mean a disposition of any effluent from any outfall
structure to the extent that such disposition is regulated
under the provisions of Republic Act Numbered Three
Thousand Nine Hundred Thirty-One, nor does it mean a

routine discharge of effluent or other matter incidental to

the propulsion of, or derived from the normal operations
of vessels, aircraft, platforms or other man-made
structures at sea and their equipment.
SECTION 4. Prohibited Acts. Except in cases of
emergency imperilling life or property, or unavoidable
accident, collision, or stranding or in any cases which
constitute danger to human life or property or a real
threat to vessels, aircraft, platforms, or other man-made
structure, or if damping appears to be the only way of
averting the threat and if there is probability that the
damage consequent upon such dumping will be lees than
would otherwise occur, and except as otherwise permitted
by regulations prescribed by the National Pollution Control
Commission or the Philippine Coast Guard, it shall be
unlawful for any person to
a. discharge, dump or suffer, permit the discharge of oil,
noxious gaseous and liquid substances and other harmful
substances from or out of any ship, vessel, barge, or any
other floating craft, or other man-made structures at sea,
by any method, means or manner, into or upon the
territorial and inland navigable waters of the Philippines;
b. throw, discharge or deposit, dump, or cause suffer or
procure to be thrown, discharged, or deposited either from
or out of any ship, barge, or other floating craft of vessel
of any kind, or from the shore, wharf, manufacturing
establishment, or mill of any kind, any refuse matter of
any kind or description whatever other than that flowing
from streets and sewers and passing therefrom in a liquid

state into tributary of any navigable water from which the

same shall float or be washed into such navigable water;
and
c. deposit or cause, suffer or procure to be deposited
material of any kind in any place on the bank of any
navigable water or on the bank of any tributary of any
navigable water, where the same shall be liable to be
washed into such navigable water, either by ordinary or
high tides, or by storms or floods, or otherwise, whereby
navigation shall or may be impeded or obstructed or
increased the level of pollution of such water.
SECTION 5. It shall be the primary responsibility of the
National Pollution Control Commission to promulgate
national rules and policies governing marine pollution,
including but not limited to the discharge of effluents from
any outfall structure, industrial and manufacturing
establishments or mill of any kind to the extent that it is
regulated under the provisions of Republic Act Numbered
Three Thousand Nine Hundred Thirty-One, and to issue
the appropriate rules and regulations upon consultation
with the Philippine Coast Guard.
The Philippine Coast Guard shall promulgate its own rules
and regulations in accordance with the national rules and
policies set by the National Pollution Control Commission
upon consultation with the latter, for the effective
implementation and enforcement of this decree and other
applicable laws, rules and regulations promulgated by the
government.
The rules and regulations issued by the National Pollution

Control Commission or the Philippine Coast Guard shall

not include deposit of oyster, shells, or other materials
when such deposit is made for the purpose of developing,
maintaining or harvesting fisheries resources and is
otherwise regulated by law or occurs pursuant to an
authorized government program: Provided, That the
Philippine Coast Guard, whenever in its judgment
navigation will not be injured thereby and upon
consultation with and concurrence of the National
Pollution Control Commission, may permit the deposit of
any of the materials above-mentioned in navigable
waters, and whenever any permit is so granted, the
conditions thereof shall be strictly complied with.
SECTION 6. Enforcement and Implementation. The
Philippine Coast Guard shall have the primary
responsibility of enforcing the laws, rules and regulations
governing marine pollution. However, it shall be the joint
responsibility of the Philippine Coast Guard and the
National Pollution Control Commission to coordinate and
cooperate with each other in the enforcement of the
provisions of this decree and its implementing rules and
regulations, and may call upon any other government
office, instrumentality or agency to extend every
assistance in this respect.
L. R.A. No. 9483 (AN ACT PROVIDING FOR THE
IMPLEMENTATION OF THE PROVISIONS OF THE 1992
INTERNATIONAL CONVENTI0N ON CIVIL LIABILITY FOR OIL
POLLUTION DAMAGE AND THE 1992 INTERNATIONAL
CONVENTION ON THE ESTABLISHMENT OF AN

INTERNATIONAL FUND FOR COMPENSATION FOR OIL

POLLUTION DAMAGE, PROVIDING PENALTIES FOR
VIOLATIONS THEREOF, AND FOR OTHER PURPOSES)
SEC. 2. Declaration of Policy. - The State, in the protection
of its marine wealth in its archipelagic waters, territorial
sea and exclusive economic zone, adopts internationally
accepted measures which impose strict liability for Oil
Pollution Damage and ensure prompt and adequate
compensation for persons who suffer such damage. This
Act adopts and implements the provisions of the 1992
International Convention on Civil Liability for Oil Pollution
Damage and the 1992 International Convention on the
Establishment of an International Fund for Compensation
for Oil Pollution Damage.
SEC. 3. Definition of Terms. - For the purpose of this Act:
(h) "Incident" means any occurrence or series of
occurrences having the same origin which causes Pollution
Damage or creates a grave and imminent threat of
causing such damage: Provided That a series of
occurrences shall be treated as having occurred on the
date of the first such occurrence;

measures of reinstatement actually undertaken or to be

undertaken; and
(2) The costs of preventive measures and further loss or
damage caused by preventive measure;
(n) "Ship" means any sea-going vessel and sea-home craft
of any type whatsoever constructed or adapted for the
carriage of Oil in bulk as cargo: Provided That a Ship
capable of carrying Oil and other cargoes shall be
regarded as a Ship only when it is actually carrying Oil in
bulk as cargo and during any voyage following such
carriage unless it is proved that it has no residues of such
carriage of Oil in bulk aboard;
SEC. 4. Incorporation of the 1992 Civil Liability Convention
and 1992 Fund Convention. - Subject to the provisions of
this Act, the 1992 Civil Liability Convention and 1992 Fund
Convention and their subsequent amendments shall form
part of the law of the Republic of the Philippines.

(l) "Pollution Damage" means:

SEC. 5 Scope of Application. - This law shall apply

exclusively to Pollution Damage caused in Philippine
territory, including its territorial sea and its exclusive
economic zone, and to preventive measures, wherever
taken, to prevent or minimize such damage.

(1) Loss or damage caused outside the Ship by

contamination resulting from the escape or discharge of
Oil from the Ship, wherever such escape or discharge may
occur: Provided, That compensation for impairment of the
environment other than loss of profit from such
impairment shall be limited to costs of reasonable

SEC. 6. Liability on Pollution Damage. - The Owner of the

Ship at the time of an Incident, or where the Incident
consists of a series of occurrences, at the time of the first
such occurrence, shall be liable for any Pollution Damage
caused by the Ship as a result of the Incident. Such
damages shall include, but not limited to:

(a) Reasonable expenses actually incurred in clean-up

operations at sea or on shore;
(b) Reasonable expenses of Preventive Measures and
further loss or damage caused by preventive measures;
(c) Consequential loss or loss of earnings suffered by
Owners or users of property contaminated or damaged as
a direct result of an Incident;
(d) Pure economic loss or loss of earnings sustained by
persons although the property contaminated or damaged
as a direct result of an Incident does not belong to them;
(e) Damage to human health or loss of life as a direct
result of the Incident, including expenses for rehabilitation
and recuperation: Provided, That costs of studies or
diagnoses to determine the long-term damage shall also
be included; and
(f) Environmental damages and other reasonable
measures of environmental restoration.
SEC. 7. Exempting Circumstances. - No liability as stated
in the immediately preceding section shall attach to the
Owner or his insurer if he proves that the damage:
(a) Resulted from an act of war, hostilities, civil war,
insurrection or a natural phenomenon of an exceptional,
inevitable and irresistible character;
(b) Was wholly caused by an act or omission done with
intent to cause damage by third party; and

(c) Was wholly caused by the negligence or other wrongful

act of the government or other enforcement agencies
responsible for the maintenance of lights or other
navigational aids in the exercise of that function. If the
Owner proves that the Pollution Damage resulted wholly
or partially either from an act or omission done with intent
to cause damage by the person who suffered the damage
or from the negligence of that person, the Owner may be
exonerated wholly or partially from his liability to such
person.
SEC. 8. Persons Exempted from Claims for Compensation
for Pollution Damage. - No claim for compensation
Pollution Damage under this Act may be made against:
(a) The servants or agents of the Owner or the members
of the crew;
(b) The pilot or any other person who, without being a
member of the crew, performs services for the Ship;
(c) Any charterer, howsoever described, including a
bareboat charterer, manager or operator of the Ship;
(d) Any person performing salvage operations with the
consent of the Owner or on the instructions of a
competent public authority;
(e) Any person taking Preventive Measures; and
(f) All servants or agents of persons mentioned in
paragraphs (c), (d) and (e) hereof, unless the damage
resulted from their personal act or omission, committed
with the intent to cause such damage, or committed

recklessly and with knowledge that such damage would

probably result: Provided, That nothing in this Act shall
prejudice any right of recourse of the Owner against third
parties.
SEC. 9. Joint and Several Liability. - When an Incident
involving two or more Ships occurs and Pollution Damage
results therefrom, the Owners of all the Ships concerned,
unless exonerated under Section 7 hereof, shall be jointly
and severally liable for all such damage which is not
reasonably separable, without prejudice, however, to the
right of recourse of any of such Owners to proceed against
each other or third parties.
SEC. 10. Limitation of Liability. - The Owner shall be
entitled to limit his liability under this Act with respect to a
particular Incident to a total amount calculated as follows:
(a) Three million (3,000,000) units of account for a Ship
not exceeding five thousand (5,000) units of tonnage;
(b) For a Ship with a tonnage in excess thereof, for each
unit of tonnage, four hundred twenty (420) units of
account for each unit in addition to the amount mentioned
in paragraph (a): Provided, however, That this aggregate
amount shall not, in any event, exceeds 59.7 million units
of account:
Provided, further, That the limit of liability of the Owner as
aforementioned shall be subject to adjustment according
to subsequent amendments to the 1992 Civil Liability
Convention.

The limited liability, under this Section may not be availed

of by the Owner if it has been established that such
Pollution Damage resulted from his personal act or
omission, committed with intent to cause such damage, or
committed recklessly and with knowledge that such
damage would probably result.
The "unit of account" referred to in this Section is the
Special Drawing Right (SDR) as defined by the
International Monetary Fund as set forth in the 1992 Civil
Liability Convention. The said amount shall be converted
into national currency on the basis of the value of the
currency by reference to the SDR on the date that the
fund is constituted under Section 11 of this Act.
The SDR is an international reserve asset, created by the
IMF in 1969 to supplement the existing official reserves of
member countries. SDRs are allocated to member
countries in proportion to their IMF quotas. The SDR also
serves as the unit of account of the IMF and some other
international organizations. Its value is based on a basket
of key international currencies.
SEC. 11. Constitution of a fund. - For the purpose of
availing himself of the benefit of limitation provided for
under Section 10 of this Act following the occurrence of a
particular Incident, the Owner shall be required to
constitute a fund for the total sum representing the limit
of his liability with the Maritime Industry Authority
(MARINA) to cover Incidents causing Pollution
Damage: Provided That any claim for compensation from

Pollution Damage shall be brought directly to the Regional

Trial Courts (RTC).
The fund can be constituted by depositing the sum or by
producing a bank guarantee or other financial guarantee
acceptable under existing laws and considered to be
adequate by the Department of Transportation and
Communications (DOTC).
SEC. 17. Action for Compensation. - An action for
compensation on account of Pollution Damage resulting
from the Incident which occurred in the territory may be
brought before the RTC against the following persons:
(a) Owner of the polluting Ship; or
(b) Insurer or other person providing financial security of
the said Owners liability for pollution.
For this purpose, foreign corporation, partnership,
association or individual, whether or not licensed to
transact business in the Philippines by any appropriate
government agencies, providing such insurance or
financial security for Pollution Damage shall be considered
transacting or doing business in the Philippines and shall
be subject to the jurisdiction of the regular judicial courts
of the country.
Such action shall be filed within three years of the date on
which the damage occurred, but not later than six years of
the date of the Incident.

The PCG shall investigate, motu proprio or through

compensation or violation of this Act, and shall forthwith
file appropriate action with the RTC.
It shall likewise provide the complainant necessary
technical evidence or any assistance, whether or not
testimonial or documentary, insofar as the claim for
compensation or violation of this Act is concerned.
Filing of the action under this section shall only require
payment of filing fees equivalent to ten percentum (10%)
of the regular rates established therefore by the Supreme
Court of the Philippines. However, indigent plaintiff shall
be exempt from payment of docket and other lawful fees,
and of transcripts of stenographic notes which the court
may order to be furnished him. The amount of the docket
and other lawful fees which the indigent was exempted
from paying shall be a lien on any judgment rendered in
the case favorable to the indigent, unless the court
otherwise provides.
SEC. 18. Adjudication or Settlement of Claims. - The RTC
shall decide claims for compensation or certify the
compromise agreement by the parties within a reasonable
period.
Where compensation was not obtained or satisfied under
the 1992 Civil Liability Convention, the claimant may seek
compensation under the 1992 Fund Convention. The RTC
shall furnish the IOPC Fund with its certified decision,
together with pertinent documents, on a claim for
Pollution Damages.

Where the fund under the 1992 Civil Liability Convention

is insufficient to satisfy the claims of those who are
entitled to compensation, the amount of compensation of
each claimant shall be distributed pro rata.
SEC. 19. Intervention by the IOPC Fund - The IOPC Fund
may intervene as a party to any legal proceedings
instituted against the Owner of a Ship or his guarantor
under Article IX of the 1992 Civil Liability Convention.
SEC. 20. Violation of the Act. - The following acts shall be
considered violations of the Act and the persons
responsible shall suffer the corresponding fines:
(a) Any person who fails to institute or maintain insurance
or other financial security required under Section 12 of
this Act;
(1) Ships of 500 gross tons (GRT) and below - not less than
One hundred thousand pesos (P100,000.00) but not more
than Two hundred-fifty thousand pesos (P250,000.00);
(2) Ships of above 500 to 1,000 GRT - not less than Two
hundred fifty thousand pesos (P250,000.00) but not more
than Five hundred thousand pesos (P500,000.00);

(5) Ships of above 10,000 to 20,000 GRT - not less than

Five million pesos (P5,000,000.00) but not more than Ten
million pesos (P10,0000,000.00); and
(6) Ships of above 20,000 GRT - not less than Ten million
pesos (P10,000,000.00) but not more than Fifteen million
pesos (P15,000,000.00).
(b) The Owner and the master of a Ship who operate a
Ship without maintaining on board a certificate of
insurance required under Section 13 of this Act:
(1) First violation - Five hundred thousand pesos
(P500,000.00);
(2) Second violation - One million pesos (P1,000,000.00);
and
(3) Third violation - One million five hundred thousand
pesos (P1,500,000.00).
(c) Any person required under Section 15 of this Act to
contribute to the IOPC Fund but nevertheless fails to
comply therewith after due notice by the MARINA
(1) First violation - Three million pesos (P3,000,000.00);

(3) Ships of above 1,000 to 5,000 GRT - not less than Five
hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);

(2) Second violation - Four million pesos (P4,000,000.00);

and

(4) Ships of above 5,000 to 10,000 GRT - not less than

One million pesos (P1,000,000.00) but not more than Five
million pesos (P5,000,000.00);

(d) Failure to Submit Report of Contributing Oil. - Any

person required under Section 16 of this Act to submit
report of contributing Oil and notwithstanding l0.day
notice thereto, fails to comply therewith:

(3) Third violation - Five million pesos (P5,000,000.00).

(1) First violation - Five hundred thousand pesos

(P500,000.00);

hereby sought to be recognized and the State shall seek

to guarantee their enjoyment:

(2) Second violation - One million pesos (P 1,000,000.00);

and

(a) The right to breathe clean air;

(3) Third violation - One million five hundred thousand

pesos (P1,500,000.00).
(e) Any person who shall refuse, obstruct, or hamper the
entry of the duly authorized representatives of the
Department or any person authorized under this Act
aboard any Ship or establishment pursuant to this Act
shall be liable to pay a fine not exceeding One hundred
thousand pesos (P100,000.00); and
(f) Any Ship apprehended for violation of this Act may be
subjected to detention.

(b) The right to utilize and enjoy 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-making process;
(d) The right to participate in the decision-making process
concerning development policies, plans and programs
projects or activities that may have adverse impact on the
environment and public health;

The fines prescribed in this Section and other sections of

this Chapter shall be increased by at least ten percent
(10%) every three years to compensate for inflation and
to maintain the deterrent function of such fines.

(e) The right to be informed of the nature and extent of

the potential hazard of any activity, undertaking or project
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 hazardous
substances;

SEC. 21. Institutional Mechanism. - The DOTC shall be the

lead implementing agency unless otherwise provided in
this Act.

(f) The right of access to public records which a citizen

may need to exercise his or her rights effectively under
this Act;

M. R.A. No. 8749 (AN ACT PROVIDING FOR A

COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND
FOR OTHER PURPOSES)

(g) The right to bring action in court or quasi-judicial

bodies to enjoin all activities in violation of environmental
laws and regulations, to compel the rehabilitation and
cleanup of affected area, and to seek the imposition of
penal sanctions against violators of environmental laws;
and

Section 4. Recognition of Rights. - Pursuant to the abovedeclared principles, the following rights of citizens are

(h) The right to bring action in court for compensation of

personal damages resulting from the adverse
environmental and public health impact of a project or
activity.
Section 5. Definitions. - As used in this Act:
b) "Air pollution" means any alteration of the physical,
chemical and biological properties of the atmospheric air,
or any discharge thereto of any liquid, gaseous or solid
substances that will or is likely to create or to render the
air resources of the country harmful, detrimental, or
injurious to public health, safety or welfare or which will
adversely affect their utilization for domestic, commercial,
industrial, agricultural, recreational, or other legitimate
purposes;
Section 16. Permits. - Consistent with the provisions of this
Act, the Department shall have the authority to issue
permits as it may determine necessary for the prevention
and abatement of air pollution.
Said permits shall cover emission limitations for the
regulated air pollutants to help attain and maintain the
ambient air quality standards. These permits shall serve
as management tools for the LGUs in the development of
their action plan.
Section 18. Financial Liability for Environmental
Rehabilitation. - As part of the environmental
management plan attached to the environmental
compliance certificate pursuant to Presidential Decree No.
1586 and rules and regulations set therefor, the

Department shall require program and project 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
projects actual implementation. Liability for damages
shall continue even after the termination of a program or
project, where such damages are clearly attributable to
that program or project and for a definite period to be
determined by the Department and incorporated into the
environmental compliance certificate.
Financial 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 Department with
evidence of availment of such instruments.
Section 20. Ban on Incineration. - Incineration, hereby
defined as the burning of municipal, biomedical and
hazardous waste, which process emits poisonous and toxic
fumes is hereby prohibited; Provided, however, That the
prohibition shall not apply to traditional small-scale
method of community/neighborhood sanitation "siga",
traditional, agricultural, cultural, health, and food
preparation and crematoria; Provided, Further, That
existing incinerators dealing with a biomedical wastes
shall be out within three (3) years after the effectivity of
this Act;Provided, Finally, that in the interim, such units
shall be limited to the burning of pathological and
infectious wastes, and subject to close monitoring by the
Department.

Local government units are hereby mandated to promote,

encourage and implement in their respective jurisdiction a
comprehensive ecological waste management that
includes waste segregation, recycling and composting.

gasoline tank filler inlet and labeled "unleaded gasoline

only". This prohibition shall also apply to any person who
knows or should know that such vehicle is designed solely
for the use of unleaded gasoline.

With due concern on the effects of climate change, the

Department shall promote the use of state-of-the-art,
environmentally-sound and safe non-burn technologies for
the handling, treatment, thermal destruction, utilization,
and disposal of sorted, unrecycled, uncomposted,
biomedical and hazardous wastes.

Section 29. Prohibition on Manufacture, Import and Sale of

leaded Gasoline and of Engines and/or Components
Requiring Leaded Gasoline. - Effective 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 requiring the use of leaded gasoline.

Section 24. Pollution from smoking. - Smoking inside a

public building or an enclosed public place including public
vehicles and other means of transport or in any enclosed
area outside of one's private residence, private place of
work or any duly designated smoking area is hereby
prohibited under this Act. This provision shall be
implemented by the LGUs.
Section 25. Pollution from other mobile sources. - The
Department, in coordination with appropriate agencies,
shall formulate and establish the necessary standards for
all mobile sources other than those referred to in Sec. 21
of this Act. The imposition of the appropriate fines and
penalties from these sources for any violation of emission
standards shall be under the jurisdiction of the DOTC.
Section 28. Misfueling. - In 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 equipped with a

For existing vehicles, the DTI shall formulate standards

and procedures that will allow non-conforming engines to
comply with the use of unleaded fuel within five(5) years
after the effectivity of this Act.
Section 33. Radioactive Emissions. - All projects which will
involve the use of atomic and/or nuclear energy, and will
entail release and emission of radioactive substances into
the environment, incident to the establishment or
possession of nuclear energy facilities and radioactive
materials, handling, transport, production, storage, and
use of radioactive materials, shall be regulated in the
interest of public health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with
Department and other appropriate government agencies.
Section 34. Lead Agency. - The Department, 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 Department's Environmental Management
Bureau (EMB) shall be converted from a staff bureau to a
line bureau for a period of no more than two (2) years,
unless a separate, comprehensive environmental
management agency is created.
Section 35. Linkage Mechanism. - The Department shall
consult, participate, cooperate and enter into agreement
with other government agencies, or with affected nongovernmental (NGOs) or people's organizations (POs),or
private enterprises in the furtherance of the objectives of
this Act.
Section 36. Role of Local Government Units. - Local
Government Units (LGUs) shall share the responsibility in
the management and maintenance of air quality within
their territorial jurisdiction. Consistent with Sections 7, 8
and 9 of this Act, LGUs shall implement air quality
standards set by the Board in areas within their
jurisdiction;Provided, however, 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 apply.
The Department shall provide the LGUs with technical
assistance, trainings and a continuing capability-building
program to prepare them to undertake full administration
of the air quality management and regulation within their
territorial jurisdiction.

Section 40. Administrative Action. - Without prejudice to

the right of any affected person to file an administrative
action, the Department shall, on its own instance or upon
verified complaint by any person, institute administrative
proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department
with respect to such standard or limitation.
Section 41. Citizen Suits. - For purposes of enforcing the
provisions of this Act or its implementing rules and
regulations, any citizen 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 Department or other implementing agencies with
respect to orders, rules and regulations issued
inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined 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,
however, That no suit can be filed until thirty-day (30)
notice has been taken thereon.

The court shall exempt such action from the payment of

filing fees, except fees for actions not capable of
pecuniary estimations, and shall likewise, upon prima
facie showing of the non-enforcement or violation
complained of, exempt the plaintiff from the filing of an
injunction bond for the issuance of a preliminary
injunction.
Within thirty (30) days, the court shall make a
determination if the compliant herein is malicious and/or
baseless and shall accordingly dismiss the action and
award attorney's fees and damages.
Section 42. Independence of Action. - The filing of an
administrative suit against such person/entity does not
preclude the right of any other person to file any criminal
or civil action. Such civil action shall proceed
independently.
Section 43. Suits and Strategic Legal Actions Against
Public Participation and the Enforcement of This Act. Where a suit is brought against a person who filed an
action as provided in Sec. 41 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 make a
determination not exceeding thirty (30) days whether said
legal action has been filed to harass, vex, exert undue
pressure or stifle such legal recourses of the person
complaining of or enforcing the provisions of this Act.
Upon determination thereof, evidence warranting the

same, the court shall dismiss the case and award

attorney's fees and double damages.
This 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.
Section 44. Lien Upon Personal and Immovable Properties
of Violators. - Fines and penalties imposed pursuant to this
Act shall be liens upon personal or immovable properties
of the violator. Such lien shall, in case of insolvency of the
respondent violator, enjoy preference to laborer's wages
under Articles 2241 and 2242 of Republic Act No. 386,
otherwise known as the New Civil Code of the Philippines.
Section 48. Gross Violations. - In case of gross violation of
this Act or its implementing rules and regulations, the PAB
shall recommend to the proper government agencies to
file the appropriate criminal charges against the violators.
The PAB shall assist the public prosecutor in the litigation
of the case. Gross violation shall mean:
(a) three (3) or more specific offenses within a period of
one (1) year;
(b) three (3) or more specific offenses with three (3)
consecutive years;
(c) blatant disregard of the orders of the PAB, such s but
not limited to the breaking of seal, padlocks and other
similar devices, or operation despite the existence of an
order for closure, discontinuance or cessation of
operation; and

(d) irreparable or grave damage to the environment as a

consequence of any violation of the provisions of this Act.

Unless specifically noted otherwise, the term "solid waste"

as used in this Act shall not include:

Offenders shall be punished with imprisonment of not less

than six (6) years but not more than ten (10) years at the
discretion of the court. If the offender is a juridical 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.

(1) Waste identified or listed as hazardous waste of a

solid, liquid, contained gaseous or semisolid form which
may cause or contribute to an increase in mortality or in
serious or incapacitating reversible illness, or
acute/chronic effect on the health of persons and other
organisms;

N. R.A. No. 9003 (AN ACT PROVIDING FOR AN ECOLOGICAL

SOLID WASTE MANAGEMENT PROGRAM, CREATING THE
NECESSARY INSTITUTIONAL MECHANISMS AND
INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND
PROVIDING PENALTIES, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES)

(2) Infectious waste from hospitals such as equipment,

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

Section 3. Definition of Terms - For the purposes of this

Act:
(l) Ecological solid waste management shall refer to the
systematic administration of activities which provide for
segregation at source, segregated transportation, storage,
transfer, processing, treatment, and disposal of solid
waste and all other waste management activities which do
not harm the environment;
(kk) Solid waste shall refer to all discarded household,
commercial waste, non-hazardous institutional and
industrial waste, street sweepings, construction debris,
agricultural waste, and other non-hazardous/non-toxic
solid waste.

(3) Waste resulting from mining activities, including

contaminated soil and debris.
Section 9. Visitorial Powers of the Department. - The
Department or its duly authorized representative shall
have access to, and the right to copy therefrom, the
records required to be maintained pursuant to the
provisions of this Act. The Secretary or the duly authorized
representative shall likewise have the right to enter the

premises of any generator, recycler or manufacturer, or

other facilities any time to question any employee or
investigate any fact, condition or matter which may be
necessary to determine any violation, or which may aid in
the effective enforcement of this Act and its implementing
rules and regulations. This Section shall not apply to
private dwelling places unless the visitorial power is
otherwise judicially authorized.
Section 10. Role of LGUs in Solid Waste Management Pursuant to the relevant provisions of R.A. No. 7160,
otherwise known as the Local government code, the LGUs
shall be primarily responsible for the implementation and
enforcement of the provisions of this Act within their
respective jurisdictions.
Segregation and collection of solid waste shall be
conducted at the barangay level specifically for
biodegradable, compostable and reusable
wastes: Provided, That the collection of non-recyclable
materials and special wastes shall be the responsibility of
the municipality or city.
Section 21. Mandatory Segregation of Solid Wastes - The
LGUs shall evaluate alternative roles for the public and
private sectors in providing collection services, type of
collection system, or combination of systems, that best
meet their needs: Provided, That segregation of wastes
shall primarily be conducted at the source, to include
household, institutional, industrial, commercial and
agricultural sources: Provided, further; That wastes shall

be segregated into the categories provided in Sec. 22 of

this Act.
For premises containing six (6) or more residential units,
the local government unit shall promulgate regulations
requiring the owner or person in charge of such premises
to:
(a) provide for the residents a designated area and
containers in which to accumulate source separated
recyclable materials to be collected by the municipality or
private center; and
(b) notify the occupants of each buildings of the
requirements of this Act and the regulations promulgated
pursuant thereto.
Section 30. Prohibition on the Use of Non-Environmentally
Acceptable Packaging - No person owning, operating or
conducting a commercial establishment in the country
shall sell or convey at retail or possess with the intent to
sell or convey at retail any products that are placed,
wrapped or packaged in or on packaging which is not
environmentally acceptable packaging: Provided, That the
Commission shall determine a phase out period after
proper consultation and hearing with the stakeholders or
with the sectors establishment of non-environmentally
acceptable packaging shall constitute a rebuttable
presumption of intent to sell or convey the same at retail
to customers.
Any person who is a manufacturer, broker or warehouse
operator engaging in the distribution or transportation of

commercial products within the country shall file a report

with the concerned local government within one (1) year
from the effectivity of this Act, and annually thereafter, a
listing of any products in packaging which is not
environmentally acceptable. The Commission shall
prescribe the form of such report in its regulations.
A violation of this Section shall be sufficient grounds for
the revocation, suspension, denial or non-renewal of any
license for the establishment in which the violation occurs.
Section 37. Prohibition Against the Use of Open Dumps for
Solid Waste - No open dumps shall be established and
operated, nor any practice or disposal of solid waste by
any person, including LGUs, which constitutes the use of
open dumps for solid wastes, be allowed after the
effectivity of this Acts: Provided, That within three (3)
years after the effectivity of this Act, every LGU shall
convert its open dumps into controlled dumps, in
accordance with the guidelines set in Sec. 41 of this
Act: Provided, further, That no controlled dumps shall be
allowed five (5) years following the effectivity of this Act.
Section 48. Prohibited Acts - The following acts are
prohibited:
(1) Littering, throwing, dumping of waste matters in public
places, such as roads, sidewalks, canals, esteros or parks,
and establishment, or causing or permitting the same;

(2) Undertaking activities or operating, collecting or

transporting equipment in violation of sanitation operation
and other requirements or permits set forth in established
pursuant;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated
or unsorted wastes;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or nonbiodegradable materials in flood prone areas;
(7) Unauthorized removal of recyclable material intended
for collection by authorized persons;
(8) The mixing of source-separated recyclable material
with other solid waste in any vehicle, box, container or
receptacle used in solid waste collection or disposal;
(9) Establishment or operation of open dumps as enjoined
in this Act, or closure of said dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of nonenvironmentally acceptable packaging materials;
(11) Importation of consumer products packaged in nonenvironmentally acceptable materials;
(12) Importation of toxic wastes misrepresented as
"recyclable" or "with recyclable content";

(13) Transport and dump log in bulk of collected domestic,

industrial, commercial, and institutional wastes in areas
other than centers or facilities prescribe under this Act;

regulations, any citizen may file an appropriate civil,

criminal or administrative action in the proper
courts/bodies against:

(14) Site preparation, construction, expansion or operation

of waste management facilities without an Environmental
Compliance Certificate required pursuant to Presidential
Decree No. 1586 and this Act and not conforming to the
land use plan of the LGU;

(a) Any person who violates or fails to comply with the

provisions of this Act its implementing rules and
regulations; or

(15) The construction of any establishment within two

hundred (200) meters from open dumps or controlled
dumps, or sanitary landfill; and
(16) The construction or operation of landfills or any waste
disposal facility on any aquifer, groundwater reservoir, or
watershed area and or any portions thereof.
Section 50. Administrative Sanctions - Local government
officials and officials of government agencies concerned
who fail to comply with and enforce rules and regulations
promulgated relative to this Act shall be charged
administratively in accordance with R.A. 7160 and other
existing laws, rules and regulations
Section 51. Mandatory Public Hearings - Mandatory public
hearings for national framework and local government
solid waste management plans shall be undertaken by the
Commission and the respective Boards in accordance with
process to be formulated in the implementing rules and
regulations.
Section 52. Citizens Suits - For the purposes of enforcing
the provisions of this Act or its implementing rules and

(b) The Department or other implementing agencies with

respect to orders, rules and regulations issued
inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the
performance of an act specifically enjoined 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 many improperly performs his duties under this Act or
its implementing rules and
regulations; Provided, however, That no suit can be filed
until after thirty-day (30) notice has been given to the
public officer and the alleged violator concerned and no
appropriate action has been taken thereon.
The Court shall exempt such action from the payment of
filing fees and statements likewise, upon prima facie
showing of the non-enforcement or violation complained
of, exempt the plaintiff from the filing of an injunction
bond for the issuance of preliminary injunction.
In the event that the citizen should prevail, the Court shall
award reasonable attorney's fees, moral damages and
litigation costs as appropriate.

Section 53. Suits and Strategic Legal Action Against Public

Participation (SLAPP) and the Enforcement of this ActWhere a suit is brought against a person who filed an
action as provided in Sec. 52 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 make a
determination not exceeding thirty (30) days whether said
legal action has been filed to harass, vex, exert undue

pressure or stifle such legal recourses of the person

complaining of or enforcing the provisions of this Act.
Upon determination thereof, evidence warranting the
same, the Court shall dismiss the complaint and award the
attorney's fees and double damages.
This provision shall also apply and benefit public officers
who are sued for acts committed in their official capacity,
there being no grave abuse of authority, and done in the
course of enforcing this Act.