Professional Documents
Culture Documents
Section 33. Radioactive Emissions. - All projects which will involve the use
of atomic and/or nuclear energy, and will entail release and emission of
b. Classification of pollutants radioactive substances into the environment, incident to the establishment
or possession of nuclear energy facilities and radioactive materials, handling,
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transport, production, storage, and use of radioactive materials, shall be
regulated in the interest of public health and welfare by the Philippine
c. Other technical terms Nuclear Research Institute (PNRI), in coordination with Department and
other appropriate government agencies.
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.
Within sixty (60) days after the enactment of this Act, the Department shall
publish a list of substances which are known to cause harmful effects on the
stratospheric ozone layer.
2. Solid waste management act (g) Consumer electronics shall refer to special waste that includes
worn-out, broken, and other discarded items such as radios,
stereos, and TV sets;
REPUBLIC ACT 9003 January 26, 2001 (h) Controlled dump shall refer to a disposal site at which solid
waste is deposited in accordance with the minimum prescribed
AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE standards of site operation;
MANAGEMENT PROGRAM, CREATING THE NECESSARY
INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING (i) Department shall refer to the Department of Environment and
CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, Natural Resources;
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
(j) Disposal shall refer to the discharge, deposit, dumping, spilling,
leaking or placing of any solid waste into or in an land;
a. Mandates on lgu’s
(k) Disposal site shall refer to a site where solid waste is finally
discharged and deposited;
Section 10. Role of LGUs in Solid Waste Management - Pursuant to the (l) Ecological solid waste management shall refer to the systematic
relevant provisions of R.A. No. 7160, otherwise known as the Local administration of activities which provide for segregation at
government code, the LGUs shall be primarily responsible for the source, segregated transportation, storage, transfer, processing,
implementation and enforcement of the provisions of this Act within their treatment, and disposal of solid waste and all other waste
respective jurisdictions. management activities which do not harm the environment;
Segregation and collection of solid waste shall be conducted at the barangay (m) Environmentally acceptable shall refer to the quality of being
level specifically for biodegradable, compostable and reusable re-usable, biodegradable or compostable, recyclable and not toxic
wastes: Provided, That the collection of non-recyclable materials and special or hazardous to the environment;
wastes shall be the responsibility of the municipality or city.
(n) Generation shall refer to the act or process of producing solid
waste;
(f) Composting shall refer to the controlled decomposition of (t) Open dump shall refer to a disposal area wherein the solid
organic matter by micro-organisms, mainly bacteria and fungi, wastes are indiscriminately thrown or disposed of without due
into a humus-like product; planning and consideration for environmental and Health
standards;
(u) Opportunity to recycle shall refer to the act of providing a place (ff) Sanitary landfill shall refer to a waste disposal site designed,
for collecting source-separated recyclable material, located either constructed, operated and maintained in a manner that exerts
at a disposal site or at another location more convenient to the engineering control over significant potential environment
population being served, and collection at least once a month of impacts arising from the development and operation of the
source-separated recyclable material from collection service facility;
customers and to providing a public education and promotion
program that gives notice to each person of the opportunity to (gg) Schedule of Compliance shall refer to an enforceable
recycle and encourage source separation of recyclable material; sequence of actions or operations to be accomplished within a
stipulated time frame leading to compliance with a limitation,
(v) Person(s) shall refer to any being, natural or judicial, susceptible prohibition or standard set forth in this Act or any rule of
of rights and obligations, or of being the subject of legal relations; regulation issued pursuant thereto;
(w) Post-consumer material shall refer only to those materials or (hh) Secretary landfill shall refer to the Secretary of the
products generated by a business or consumer which have served Department of Environment and Natural Resources;
their intended end use, and which have been separated or
diverted from solid waste for the purpose of being collected, (ii) Segregation shall refer to a solid waste management practice
processed and used as a raw material in the manufacturing of of separating different materials found in solid waste in order to
recycled product, excluding materials and by-products generated promote recycling and re-use of resources and to reduce the
from, and by-products generated from, and commonly used volume of waste for collection and disposal;
within an original manufacturing process, such as mill scrap;
The plan shall define and specify the methods and systems for the
transfer of solid waste from specific collection points to solid The LGU recycling component shall describe the following:
waste management facilities.
(1) The types of materials to be recycled under the
(d) Processing - The Plan shall define the methods and the facilities programs;
required to process the solid waste, including the use of
intermediate treatment facilities for composting, recycling, (2) The methods for determining the categories of solid
conversion and other waste processing systems. Other wastes to be diverted from disposal at a disposal facility
appropriate waste processing technologies may also be through recycling; and
considered provided that such technologies conform with
internationally-acceptable and other standards set in other (3) New facilities and expansion of existing facilities
standards set in other laws and regulations. needed to implement the recycling component.
(e) Source reduction - The source reduction component shall The LGU recycling component shall described methods for
include a program and implementation schedule which shows the developing the markets for recycled materials, including, but not
methods by which the LGU will, in combination with the recycling limited to, an evaluation of the feasibility of procurement
and composting components, reduce a sufficient amount of solid preferences for the purchase of recycled products. Each LGU may
waste disposed of in accordance with the diversion requirements determine and grant a price preference to encourage the purchase
of Sec. 20. of recycled products.
The source reduction component shall describe the following: The five-year strategy for collecting, processing, marketing and
selling the designated recyclable materials shall take into account
(1) strategies in reducing the volume of solid waste persons engaged in the business of recycling or persons otherwise
generated at source; providing recycling services before the effectivity of this Act. Such
strategy may be base upon the results of the waste composition
(2) measures for implementing such strategies and the analysis performed pursuant to this Section or information
resources necessary to carry out such activities; obtained in the course of past collection of solid waste by the local
government unit, and may include recommendations with respect
to increasing the number of materials designated for recycling
(3) other appropriate waste reduction technologies that pursuant to this Act.
may also be considered, provided that such
technologies conform with the standards set pursuant
to this Act; The LGU recycling component shall evaluate industrial,
commercial, residential, agricultural, governmental and other
curbside, mobile, drop-off and buy-back recycling programs,
(4) the types of wastes to be reduced pursuant to Sec. manual and automated materials recovery facilities, zoning,
15 of this Act; building code changes and rate structures which encourage
recycling of materials. The Solid Waste Management Plan shall
(5) the methods that the LGU will use to determine the indicate the specific measures to be undertaken to meet the waste
categories of solid wastes to be diverted from disposal diversion specified under Sec. 20 of this Act.
at a disposal facility through re-use, recycling and
composting; and Recommended revisions to the building ordinances, requiring
newly-constructed buildings and buildings undergoing specified
(6) new facilities and expansion of existing facilities alterations to contain storage space, devices or mechanisms that
which will be needed to implement re-use, recycling facilitate source separation and storage of designated recyclable
and composting. materials to enable the local government unit to efficiently collect,
process, market and sell the designated materials. Such
The LGU source reduction component shall include the evaluation recommendations shall include, but shall not be limited to
and identification of rate structures and fees for the purpose of separate chutes to facilitate source separation in multi-family
reducing the amount of waste generated, an other source dwellings, storage areas that conform to fire and safety code
reduction strategies, including but not limited to, programs and regulations, and specialized storage containers.
economic incentives provided under Sec. 46 of this Act to reduce
the use of non-recyclable materials, replace disposable materials The Solid Waste Management Plan shall indicate the specific
and products with reusable materials and products, reduce measures to be undertaken to meet the recycling goals pursuant
packaging, and increase the efficiency of the use of paper, to the objectives of this Act.
cardboard, glass, metal, and other materials. The waste reduction
activities of the community shall also take into account, among
(g) Composting - The composting component shall include a city or a cluster of municipality and/or cities. Sanitary landfills shall
program and implementation schedule which shows the methods be designed and operated in accordance with the guidelines set
by which the LGU shall, in combination with the source reduction under Secs. 40 and 41 of this Act.
and recycling components, reduce a sufficient amount of solid
waste disposed of within its jurisdiction to comply with the (i) Education and public information - The education and public
diversion requirements of Sec. 20 hereof. information component shall describe how the LGU will educate
and inform its citizens about the source reduction, recycling and
The LGU composting component shall describe the following: composting programs.
(1) The types of materials which will be composted The plan shall make provisions to ensure that information on
under the programs; waste collection services, solid waste management and related
health and environmental concerns are widely disseminated
(2) The methods for determining the categories of solid among the public. This shall be undertaken through the print and
wastes to be diverted from disposal at a disposal facility broadcast media and other government agencies in the
through composting; and municipality. The DECS and the Commission on Higher Education
shall ensure that waste management shall be incorporated in the
curriculum of primary, secondary and college students.
(3) New facilities, and expansion of existing facilities
needed to implement the composting component.
(j) Special Waste - The special waste component shall include
existing waste handling and disposal practices for special wastes
The LGU composting component shall describe methods for or household hazardous wastes, and the identification of current
developing the markets for composted materials, including, but and proposed programs to ensure the proper handling, re-use,
not limited to, an evaluation of the feasibility of procurement and long-term disposal of special wastes;
preferences for the purchase of composted products. Each LGU
may determine and grant a price preference to encourage the
purchase of composted products. (k) Resource requirement and funding - The funding component
includes identification and description of project costs, revenues,
and revenue sources the LGU will use to implement all
(h) Solid waste facility capacity and final disposal - The solid waste components of the LGU solid waste management plan;
facility component shall include, but shall not be limited to, a
projection of the amount of disposal capacity needed to
accommodate the solid waste generated, reduced by the The plan shall likewise indicate specific projects, activities,
following: equipment and technological requirements for which outside
sourcing of funds or materials may be necessary to carry out the
specific components of the plan. It shall define the specific uses
(1) Implementation of source reduction, recycling and for its resource requirement s and indicate its costs. The plan shall
composting programs required in this Section or likewise indicate how the province, city or municipality intends to
through implementation of other waste diversion generate the funds for the acquisition of its resource
activities pursuant to Sec. 20 of this Act; requirements. It shall also indicate if certain resource requirements
are being or will be sourced from fees, grants, donations, local
(2) Any permitted disposal facility which will be available funding and other means. This will serve as basis for the
during the 10-year planning period; and determination and assessment of incentives which may be
extended to the province, city or municipality as provided for in
(3) All disposal capacity which has been secured Sec. 45 of this Act.
through an agreement with another LGU, or through an
agreement with a solid waste enterprise. (l) Privatization of solid waste management projects - The plan
shall likewise indicate specific measures to promote the
The plan shall identify existing and proposed disposal sites and participation of the private sector in the management of solid
waste management facilities in the city or municipality or in other wastes, particularly in the generation and development of the
areas. The plan shall specify the strategies for the efficient disposal essential technologies for solid waste management. Specific
of waste through existing disposal facilities and the identification projects or component activities of the plan which may be offered
of prospective sites for future use. The selection and development as private sector investment activity shall be identified and
of disposal sites shall be made on the basis of internationally promoted as such. Appropriate incentives for private sector
accepted standards and on the guidelines set in Sec. 41 and 42 of involvement in solid waste management shall likewise be
this Act. established and provided for in the plan, in consonance with Sec.
45 hereof and other existing laws, policies and regulations; and
All local government solid waste management plans shall be subjected to Section 23. Requirements for Collection of Solid Wastes - The following
the approval of the Commission. The plan shall be consistent with the shall be the minimum standards and requirements for the collection of solid
national framework and in accordance with the provisions of this Act and of waste:
the policies set by the Commission; Provided, That in the province of
Palawan, the local government solid waste management plan shall be (a) All collectors and other personnel directly dealing with
approved by the Palawan Council for Sustainable Development, pursuant to collection of solid waste shall be equipped with personal
R.A. No. 7611. protective equipment to protect them from the hazards of
handling wastes;
For premises containing six (6) or more residential units, the local
Section 25. Guidelines for Transfer Stations - Transfer stations shall be
government unit shall promulgate regulations requiring the owner or person
designed and operated for efficient waste handling capacity and in
in charge of such premises to:
compliance with environmental standards and guidelines set pursuant to this
Act and other regulations: Provided, That no waste shall be stored in such
(a) provide for the residents a designated area and containers in station beyond twenty-four (24) hours.
which to accumulate source separated recyclable materials to be
collected by the municipality or private center; and
The siting of the transfer station shall consider the land use plan, proximity
to collection area, and accessibility of haul routes to disposal facility. The
(b) notify the occupants of each buildings of the requirements of design shall give primary consideration to size and space sufficiency in order
this Act and the regulations promulgated pursuant thereto. to accommodate the waste for storage and vehicles for loading and
unloading of wastes.
Article 4 any products in packaging which is not environmentally acceptable. The
Recycling Program Commission shall prescribe the form of such report in its regulations.
Section 26. Inventory of Existing Markets for Recyclable Materials - The DTI A violation of this Section shall be sufficient grounds for the revocation,
shall within six (6) months from the effectivity of this Act and in cooperation suspension, denial or non-renewal of any license for the establishment in
with the Department, the DILG and other concerned agencies and sectors, which the violation occurs.
publish a study of existing markets for processing and purchasing recyclable
materials and the potential steps necessary to expand these markets. Such Section 31. Recycling Market Development - The Commission together with
study shall include, but not be limited to, an inventory of existing markets the National Ecology Center, the DTI and the Department of Finance shall
for recyclable materials, product standards for recyclable and recycled establish procedures, standards and strategies to market recyclable materials
materials, and a proposal, developed in conjunction with the appropriate and develop the local market for recycle goods, including but not limited to:
agencies, to stimulate the demand for the production of products containing
post consumer and recovered materials.
(a) measures providing economic incentives and assistance
including loans and grants for the establishment of privately-
Section 27. Requirement for Eco-Labeling - The DTI shall formulate and owned facilities to manufacture finished products from post-
implement a coding system for packaging materials and products to consumer materials;
facilitate waste and recycling and re-use.
Others:
g. Concept of citizen’s suit Article 20. The measure and limit of appropriation of water shall be
beneficial use.
Beneficial use of water is the utilization of water in the right amount during
Section 52. Citizens Suits - For the purposes of enforcing the provisions of the period that the water is needed for producing the benefits for which the
this Act or its implementing rules and regulations, any citizen may file an water is appropriated.
appropriate civil, criminal or administrative action in the proper
courts/bodies against:
Article 44. Drainage systems shall be so constructed that their outlets are
rivers, lakes, the sea, natural bodies of water, or such other water course as
(a) Any person who violates or fails to comply with the provisions may be approved by the proper government agency.
of this Act its implementing rules and regulations; or
Article 57. Any person may erect levees or revetments to protect his
(c) Any public officer who willfully or grossly neglects the property from flood, encroachment by the river or change in the course of
performance of an act specifically enjoined as a duty by this Act or the river, provided that such constructions does not cause damage to the
its implementing rules and regulations; or abuses his authority in property of another.
the performance of his duty; or, in any many improperly performs
his duties under this Act or its implementing rules and
Article 58. When a river or stream suddenly changes its course to traverse
regulations; Provided, however, That no suit can be filed until after
private lands, the owners of the affected lands may not compel the
thirty-day (30) notice has been given to the public officer and the
government to restore the river to its former bed; nor can they restrain the
alleged violator concerned and no appropriate action has been
government from taking steps to revert the river or stream to its former
taken thereon.
course. The owners of the land thus affected are not entitled to
compensation for any damage sustained thereby. However, the former
The Court shall exempt such action from the payment of filing fees and owners of the new bed shall be the owners of the abandoned bed in
statements likewise, upon prima facieshowing of the non-enforcement or proportion to the area lost by each.
violation complained of, exempt the plaintiff from the filing of an injunction
bond for the issuance of preliminary injunction.
The owners of the affected lands may undertake to return the river or stream
to its old bed at their own expense; Provided, That a permit therefor is
In the event that the citizen should prevail, the Court shall award reasonable secured from the Secretary of Public Works, Transportation and
attorney's fees, moral damages and litigation costs as appropriate. Communication and work pertaining thereto are commenced within two
years from the change in the course of the river or stream.
Section 53. Suits and Strategic Legal Action Against Public Participation
(SLAPP) and the Enforcement of this Act - Where 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.
Article 51. The banks of rivers and streams and the shores of the seas and
lakes throughout their entire length and within a zone of three (3) meters in
(l) Watershed reservation is a forest land reservation established
to protect or improve the conditions of the water yield thereof or
4. Forestry reduce sedimentation.
(a) Public forest is the mass of lands of the public domain which (o) Mangrove is a term applied to the type of forest occurring on
has not been the subject of the present system of classification for tidal flat along the sea coast, extending along streams where the
the determination of which lands are needed for forest purposes water is brackish.
and which are not.
(p) Kaingin is a portion of the forest land, whether occupied or not,
(b) Permanent forest or forest reserves refer to those lands of the which is subjected to shifting and/or permanent slash-and-burn
public domain which have been the subject of the present system cultivation having little or no provision to prevent soil erosion.
of classification and determined to be needed for forest purposes.
(q) Forest product means timber, pulpwood, firewood, bark, tree
(c) Alienable and disposable lands refer to those lands of the top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other
public domain which have been the subject of the present system forest growth such as grass, shrub, and flowering plant, the
of classification and declared as not needed for forest purposes. associated water, fish, game, scenic, historical, recreational and
geologic resources in forest lands.
(d) Forest lands include the public forest, the permanent forest or
forest reserves, and forest reservations. (r) Dipterocarp forest is a forest dominated by trees of the
dipterocarp species, such as red lauan, tengile, tiaong, white lauan,
almon, bagtikan and mayapis of the Philippine mahogany group,
(e) Grazing land refers to that portion of the public domain which
apitong and the yakals.
has been set aside, in view of the suitability of its topography and
vegetation, for the raising of livestock.
(s) Pine forest is a forest composed of the Benguet Pine in the
Mountain Provinces or the Mindoro pine in Mindoro and
(f) Mineral lands refer to those lands of the public domain which
Zambales provinces.
have been classified as such by the Secretary of Natural Resources
in accordance with prescribed and approved criteria, guidelines
and procedure. (t) Industrial tree plantation is any tract of forest land purposely
and extensively planted to timber crops primarily to supply the
raw material requirements of existing or proposed processing
(g) Forest reservations refer to forest lands which have been
plants and related industries.
reserved by the President of the Philippines for any specific
purpose or purposes.
(u) Tree farm refers to any tract of forest land purposely and
extensively planted to trees of economic value for their fruits,
(h) National park refers to a forest land reservation essentially of
flowers, leaves, barks, or extractives, but not for the wood thereof.
primitive or wilderness character which has been withdrawn from
settlement or occupancy and set aside as such exclusively to
preserve the scenery, the natural and historic objects and the wild (v) Multiple-use is the harmonized utilization of the numerous
animals or plants therein, and to provide enjoyment of these beneficial uses of the land, soil, water, wildlife, recreation value,
features in such a manner as will leave them unimpaired for future grass and timber of forest lands.
generations.
(w) Selective logging means the systematic removal of the mature,
(i) Game refuge or bird sanctuary refers to a forest land designated over-mature and defective trees in such manner as to leave
for the protection of game animals, birds and fish and closed to adequate number and volume of healthy residual trees of the
hunting and fishing in order that the excess population may flow desired species necessary to assure a future crop of timber, and
and restock surrounding areas. forest cover for the protection and conservation of soil and water.
(j) Marine parks refers to any off-shore area inhabited by rare and (x) Seed tree system is partial clearcutting with seed trees left to
unique species of marine flora and fauna. regenerate the area.
(k) Seashore park refers to any public shore area delimited for (y) Healthy residual is a sound or slightly injured tree of the
outdoor recreation, sports fishing, water skiing and related commercial species left after logging.
healthful activities.
(z) Sustained-yield management implies continuous or periodic
production of forest products in a working unit with the aid of
achieving at the earliest practicable time an approximate balance Code, which possession may include places of abode and worship,
between growth and harvest or use. This is generally applied to burial grounds, and old clearings, but excludes production forest
the commercial timber resources and is also applicable to the inclusive of logged-over areas, commercial forests and established
water, grass, wildlife, and other renewable resources of the forest. plantations of forest trees and trees of economic value.
(aa) Processing plant is any mechanical set-up, machine or (nn) Person includes natural as well as juridical person.
combination of machine used for the processing of logs and other
forest raw materials into lumber, veneer, plywood, wallboard,
block-board, paper board, pulp, paper or other finished wood
products.
Section 54. Pasture in forest lands. No forest land 50% in slope or over may
be utilized for pasture purposes.
(bb) Lease is a privilege granted by the State to a person to occupy
and possess, in consideration of a specified rental, any forest land
of the public domain in order to undertake any authorized activity Forest lands which are being utilized for pasture shall be maintained with
therein. sufficient grass cover to protect soil, water and other forest resources.
(cc) License is a privilege granted by the State to a person to utilize If grass cover is insufficient, the same shall be supplemented with trees or
forest resources as in any forest land, without any right of such vegetative cover as may be deemed necessary.
occupation and possession over the same, to the exclusion of
others, or establish and operate a wood-processing plant, or The size of forest lands that may be allowed for pasture and other special
conduct any activity involving the utilization of any forest uses shall be determined by rules and regulations, any provision of law to
resources. the contrary notwithstanding.
(hh) Ecosystem means the ecological community considered 2. Appropriate Fishing Technology - adaptable technology, both
together with non-living factors and its environment as a unit. in fishing and ancillary industries, that is ecologically sound, locally
source-based and labor intensive.
(2) Medium scale commercial fishing - fishing utilizing 22. Fish and Fishery/Aquatic Products - include not only finfish but
active gears and vessels of 20.1 GT up to one hundred also mollusks, crustaceans, echinoderms, marine mammals, and
fifty (150) GT; and all other species of aquatic flora and fauna and all other products
of aquatic living resources in any form.
(3) Large commercial fishing - fishing utilizing active
gears and vessels of more than one hundred fifty (150) 23. Fish Cage - refers to an enclosure which is either stationary or
GT. floating made up of nets or screens sewn or fastened together and
installed in the water with opening at the surface or covered and
held in a place by wooden/bamboo posts or various types of
11. Commercial Scale - a scheme of producing a minimum
anchors and floats.
harvest per hectare per year of milkfish or other species including
those raised in pens, cages, and tanks to be determined by the
Department in consultation with the concerned sectors; 24. Fish Corral or "Baklad" - a stationary weir or trap devised to
intercept and capture fish consisting of rows of bamboo stakes,
plastic nets and other materials fenced with split blood mattings or
12. Coral - the hard calcareous substance made up of the skeleton
wire mattings with one or more enclosures, usually with easy
of marine coelenterate polyps which include reefs, shelves and
entrance but difficult exit, and with or without leaders to direct the
atolls or any of the marine coelenterate animals living in colonies
fish to the catching chambers, purse or bags.
where their skeletons form a stony mass. They include: (a.
skeletons of anthozoan coelenterates characterized as having a
rigid axis of compact calcareous or horny spicules, belonging to 25. Fish fingerlings - a stage in the life cycle of the fish measuring
the genus corallium as represented by the red, pink, and white to about 6-13 cm. depending on the species.
corals which are considered precious corals; (b. skeletons of
anthozoan coelenterates characterized by thorny, horny axis such
as the antipatharians represented by the black corals which are 26. Fish fry - a stage at which a fish has just been hatched usually
considered semi-precious corals; and (c. ordinary corals which are with sizes from 1-2.5 cm.
any kind of corals that are not precious nor semi-precious.
27. Fish pen - an artificial enclosure constructed within a body of
13. Coral Reef - a natural aggregation of coral skeleton, with or water for culturing fish and fishery/aquatic resources made up of
poles closely arranged in an enclosure with wooden materials,
without living coral polyps, occurring in intertidal and subtidal
marine waters. screen or nylon netting to prevent escape of fish.
(a) Aquaculture, sea ranching and sea farming; 29. Fisherfolk Cooperative - a duly registered association of
fisherfolk with a common bond of interest, who have voluntarily
joined together to achieve a lawful common social or economic
(b) Fish aggregating devices; end, making equitable contribution to the capital requirement and
accepting a fair share of the risks and benefits of the undertakings producing the said harmful effects on any fishery species and
in accordance with universally accepted cooperative principles. aquatic resources and capable of damaging and altering the
natural habitat.
30. Fisherfolk Organization - an organized group, association,
federation, alliance or an institution of fisherfolk which has at least 43. Fishing with Noxious or Poisonous Substances - the use of
fifteen (15. members, a set of officers, a constitution and by-laws, any substance, plant extracts or juice thereof, sodium cyanide
an organizational structure and a program of action. and/or cyanide compounds or other chemicals either in a raw or
processed form, harmful or harmless to human beings, which will
kill, stupefy, disable or render unconscious any fishery species
31. Fisheries - refers to all activities relating to the act or business
and aquatic resources and capable of damaging and altering the
of fishing, culturing, preserving, processing, marketing,
natural habitat.
developing, conserving and managing aquatic resources and the
fishery areas, including the privilege to fish or take aquatic
resource thereof. 44. Fishworker - a person regularly or not regularly employed in
commercial fishing and related industries, whose income is either
in wage, profit-sharing or stratified sharing basis, including those
32. Fish Pond - a land-based facility enclosed with earthen or
working in fish pens, fish cages, fish corrals/traps, fishponds,
stone material to impound water for growing fish.
prawn farms, sea farms, salt beds, fish ports, fishing boat or
trawlers, or fish processing and/or packing plants. Excluded from
33. Fishing Boat/Gear License - a permit to operate specific types this category are administrators, security guards and overseers.
of fishing boat/gear for specific duration in areas beyond municipal
waters for demersal or pelagic fishery resources.
45. Food Security - refers to any plan, policy or strategy aimed at
ensuring adequate supplies of appropriate food at affordable
34. Fishery Management Areas - a bay, gulf, lake or any other prices. Food security may be achieved through self-sufficiency
fishery area which may be delineated for fishery resource (i.e. ensuring adequate food supplies from domestic production),
management purposes. through self-reliance (i.e. ensuring adequate food supplies
through a combination of domestic production and importation), or
through pure importation.
35. Fishery Operator - one who owns and provides the means
including land, labor, capital, fishing gears and vessels, but does
not personally engage in fishery. 46. Foreshore Land - a string of land margining a body of water;
the part of a seashore between the low-water line usually at the
seaward margin of a low tide terrace and the upper limit of wave
36. Fishery Refuge and Sanctuaries - a designated area where wash at high tide usually marked by a beach scarp or berm.
fishing or other forms of activities which may damage the
ecosystem of the area is prohibited and human access may be
restricted. 47. Fully-developed Fishpond Area - a clean leveled area
enclosed by dikes, at least one foot higher than the highest
floodwater level in the locality and strong enough to resist
37. Fishery Reserve - a designated area where activities are
pressure at the highest flood tide; consists of at least a nursery
regulated and set aside for educational and research purposes. pond, a transition pond, a rearing pond or a combination of any or
all said classes of ponds, and a functional water control system
38. Fishery Species - all aquatic flora and fauna including, but not and producing in a commercial scale.
restricted to, fish, algae, coelenterates, mollusks, crustaceans,
echinoderms and cetaceans. 48. Gross Tonnage - includes the underdeck tonnage,
permanently enclosed spaces above the tonnage deck, except for
39. Fishing - the taking of fishery species from their wild state of certain exemptions. In broad terms, all the vessel's 'closed-in'
habitat, with or without the use of fishing vessels. spaces expressed in volume terms on the bases of one hundred
cubic feet (that equals one gross ton).
40. Fishing gear - any instrument or device and its accessories
utilized in taking fish and other fishery species. 49. Inland Fishery - the freshwater fishery and brackishwater
fishponds.
(a) Active fishing gear - is a fishing device characterized
by gear movements, and/or the pursuit of the target 50. Lake - an inland body of water, an expanded part of a river, a
species by towing, lifting, and pushing the gears, reservoir formed by a dam, or a lake basin intermittently or
surrounding, covering, dredging, pumping and scaring formerly covered by water.
the target species to impoundments; such as, but not
limited to, trawl, purse seines, Danish seines, bag nets,
51. Limited Access - a fishery policy by which a system of
paaling, drift gill net and tuna longline. equitable resource and allocation is established by law through
fishery rights granting and licensing procedure as provided by this
(b) Passive fishing gear - is characterized by the Code.
absence of gear movements and/or the pursuit of the
target species; such as, but not limited to, hook and line, 52. Mangroves - a community of intertidal plants including all
fishpots, traps and gill nets across the path of the fish.
species of trees, shrubs, vines and herbs found on coasts,
swamps, or border of swamps.
41. Fishing vessel - any boat, ship or other watercraft equipped to
be used for taking of fishery species or aiding or assisting one (1.
53. Maximum Sustainable Yield (MSY. - is the largest average
or more vessels in the performance of any activity relating to quantity of fish that can be harvested from a fish stocks/resource
fishing, including, but not limited to, preservation, supply, storage, within a period of time (e.g. one year. on a sustainable basis under
refrigeration, transportation and/or processing.
existing environmental conditions.
42. Fishing with Explosives - the use of the dynamite, other 54. Migratory species - refers to any fishery species which in the
explosives or other chemical compounds that contain combustible
course of their life could travel from freshwater to marine water or
elements or ingredients which upon ignition by friction, vice versa, or any marine species which travel over great
concussion, percussion or detonation of all or parts of the distances in waters of the ocean as part of their behavioral
compound, will kill, stupefy, disable or render unconscious any
adaptation for survival and speciation:
fishery species. It also refers to the use of any other substance
and/or device which causes an explosion that is capable of
(a) Anadromous species - marine fishes which migrate regardless of their breadth and dimensions, the territorial sea, the
to freshwater areas to spawn; sea beds, the insular shelves, and all other waters over which the
Philippines has sovereignty and jurisdiction including the 200-
nautical miles Exclusive Economic Zone and the continental shelf.
(b) Catadromous species - freshwater fishes which
migrate to marine areas to spawn.
65. Post-harvest facilities - these facilities include, but are not
limited to, fishport, fishlanding, ice plants and cold storages, fish
55. Monitoring, control and surveillance -
processing plants.
57. Municipal fishing - refers to fishing within municipal waters 69. Sea ranching - the release of the young of fishery species
using fishing vessels of three (3. gross tons or less, or fishing not reared in hatcheries and nurseries into natural bodies of water for
requiring the use of fishing vessels. subsequent harvest at maturity or the manipulation of fishery
habitat, to encourage the growth of the wild stocks.
58. Municipal waters - include not only streams, lakes, inland
bodies of water and tidal waters within the municipality which are 70. Secretary - the Secretary of the Department of Agriculture.
not included within the protected areas as defined under Republic
Act No. 7586 (The NIPAS Law), public forest, timber lands, forest
71. Superlight - also called magic light, is a type of light using
reserves or fishery reserves, but also marine waters included
halogen or metal halide bulb which may be located above the sea
between two (2. lines drawn perpendicular to the general coastline
surface or submerged in the water. It consists of a ballast,
from points where the boundary lines of the municipality touch the
regulator, electric cable and socket. The source of energy comes
sea at low tide and a third line parallel with the general coastline
from a generator, battery or dynamo coupled with the main
including offshore islands and fifteen (15. kilometers from such
engine.
coastline. Where two (2. municipalities are so situated on opposite
shores that there is less than thirty (30. kilometers of marine
waters between them, the third line shall be equally distant from 72. Total Allowable Catch (TAC. - the maximum harvest allowed
opposite shore of the respective municipalities. to be taken during a given period of time from any fishery area, or
from any fishery species or group of fishery species, or a
combination of area and species and normally would not exceed
59. Non-governmental organization (NGO. - an agency,
the MSY.
institution, a foundation or a group of persons whose purpose is
to assist peoples organizations/associations in various ways
including, but not limited to, organizing, education, training, 73. Trawl - an active fishing gear consisting of a bag shaped net
research and/or resource accessing. with or without otter boards to open its opening which is dragged
or towed along the bottom or through the water column to take
fishery species by straining them from the water, including all
60. Payao - a fish aggregating device consisting of a loating raft
variations and modifications of trawls (bottom, mid-water, and
anchored by a weighted line with suspended materials such as
baby trawls) and tow nets.
palm fronds to attract pelagic and schooling species common in
deep waters.
61. Pearl Farm Lease - public waters leased for the purpose of
producing cultured pearls. RA 10654
62. People's Organization - a bona fide association of citizens with (44) Fishing Gear – refers to any instrument or device and its accessories
demonstrated capacity to promote the public interest and with utilized in taking fish and other fishery species.
identifiable leadership, membership and structure. Its members
belong to a sector/s who voluntarily band themselves together to
(a) Active Fishing Gear – is a fishing device characterized by the
work for and by themselves for their own upliftment, development
pursuit of the target species by towing, pushing the gears,
and greater good.
surrounding, covering, dredging, and scaring the target species to
impoundments; such as, but not limited to, trawl, purse seines,
63. Person - natural or juridical entities such as individuals, Danish seines, paaling and drift gill net.
associations, partnership, cooperatives or corporations.
(b) Passive Fishing Gear – is characterized by the absence of
64. Philippine waters - include all bodies of water within the pursuit of the target species; such as, but not limited to, hook and
Philippine territory such as lakes, rivers, streams, creeks, brooks, line, fishpots, traps and gill nets set across the path of the fish.
ponds, swamps, lagoons, gulfs, bays and seas and other bodies
of water now existing or which may hereafter exist in the
(45) Fishing Light Attractor – refers to a fishing aid which employs lights
provinces, cities, municipalities, and barangays and the waters
using, among others, mercury vapor, high pressure sodium vapor, standard
around, between and connecting the islands of the archipelago
tungsten, tungsten halogen, fluorescent or light-emitting diode, that are Petitioner Donald Mead assailed the legal personality of the Provincial Fiscal
attached to a structure above water or suspended underwater to attract both to file an information against him for his alleged violation of RA No. 3931 or
fish and members of their food chain to specific areas in order to harvest An Act Creating a National Water and Air Pollution Control Commission.
them. Petitioner averred that the National Water and Air Pollution Control
Commission created under the said law has the authority to hear cases
involving violations under the same.
(54) Harvest Control Rules – refers to actions or set of actions to be taken
to achieve a medium or long term target reference point while avoiding
reaching or breaching a limit reference point. ISSUES:
(55) Illegal Fishing – means fishing activities conducted by Philippine fishing Whether or not the filing of the information by the provincial fiscal was proper.
vessels operating in violation of Philippine laws, Regional Fisheries
Management Organization resolutions, and laws of other coastal states.
RULING:
(60) Marine Protected Area – means a defined area of the sea established
The filing by the Provincial Fiscal of the case was premature sans the
and set aside by law, administrative regulation, or any other effective means
findings of the Commission on the matter.
in order to conserve and protect a part of or the entire enclosed environment
through the establishment of management guidelines. It is considered a
generic term that includes all declared areas governed by specific rules or Petitioner was being sued for the offense of allegedly causing pollution of a
guidelines in order to protect and manage activities within the enclosed area. waterway (highway canal)(Sec 9). The Court held that the exclusive
authority to determine whether or not ‘pollution’ did exist is vested in the
Commission, who is in better position to determine the same for such
(83) Superlight – also called magic light, refers to a type of light using
requires specialized knowledge of technical and scientific matters which are
halogen or metal halide bulb which may be located above the sea surface
not ordinarily within the competence of Fiscals or of those sitting in a court
or submerged in the water. It consists of a ballast, regulator, electric cable
of justice (Sec 8).
and socket. The source of energy comes from a generator, battery or
dynamo coupled with the main engine.
Unless the case involves that of nuisance under the Civil Code or until there
is a ruling by the Commission on the alleged act of pollution, no court action
(85) Transhipment – refers to the transfer of all or any fish or fishery product
shall be initiated (Sec8).
from one fishing vessel to another.
May 9 to 18, 2005, JAPEX conducted seismic surveys in and around the Tañon
Strait. A multi-channel sub-bottom profiling covering approximately 751
kilometers was also done to determine the area's underwater composition.
b. Environmental principles January 31, 2007, the Protected Area Management Board of the Tañon Strait
(PAMB-Tañon Strait) issued Resolution No. 2007-001, wherein it adopted the Initial
-RA 10654 (amended RA 8550) : (f) To adopt the precautionary principle x x Environmental Examination (IEE) commissioned by JAPEX, and favorably
x recommended the approval of JAPEX's application for an ECC.
- applicable in all Philippine waters: Philippines has ---sovereignty, March 6, 2007, the EMB of DENR Region VII granted an ECC to the DOE and JAPEX
jurisdiction, within 200 nautical mile (EEZ), and continental shelf for the offshore oil and gas exploration project in Tañon Strait. Months later, on
November 16, 2007, JAPEX began to drill an exploratory well, with a depth of 3,150
meters, near Pinamungajan town in the western Cebu Province. This drilling lasted
until February 8, 2008.
6. Mead vs argel
Petitioners then applied to this Court for redress, via two separate original
petitions both dated December 17, 2007, wherein they commonly seek that
respondents be enjoined from implementing SC-46 for, among others, violation of
Donald Mead vs. Hon. Manuel Argel, CFI the 1987 Constitution.
HELD:
The Court then held that while SC-46 was authorized Presidential Decree No. 87 on
No, the disposition, exploration, development, exploitation, and utilization of oil extraction, the contract did not fulfill two additional constitutional
indigenous petroleum in the Philippines are governed by Presidential Decree No. requirements. Section 2 Article XII of the 1987 Constitution requires a service
87 or the Oil Exploration and Development Act of 1972. This was enacted by then contract for oil exploration and extraction to be signed by the president and reported
President Ferdinand Marcos to promote the discovery and production of to congress. Because the JAPEX contract was executed solely by the Energy
indigenous petroleum through the utilization of government and/or local or Secretary, and not reported to the Philippine congress, the Court held that it was
foreign private resources to yield the maximum benefit to the Filipino people and unconstitutional. Id., pp. 24-25.
the revenues to the Philippine Government.
Contrary to the petitioners' argument, Presidential Decree No. 87, although In addition, the Court also ruled that the contract violated the National Integrated
enacted in 1972, before the adoption of the 1987 Constitution, remains to be a Protected Areas System Act of 1992 (NIPAS Act), which generally prohibits
exploitation of natural resources in protected areas. In order to explore for resources
valid law unless otherwise repealed.
in a protected area, the exploration must be performed in accordance with an
Moreover, in cases where the statute seems to be in conflict with the Constitution, environmental impact assessment (EIA). The Court noted that JAPEX started the
seismic surveys before any EIA was performed; therefore its activity was unlawful.
but a construction that it is in harmony with the Constitution is also possible, that
Id., pp. 33-34. Furthermore, the Tanon Strait is a NIPAS area, and exploration and
construction should be preferred. This Court, in Pangandaman v. Commission on
utilization of energy resources can only be authorized through a law passed by the
Elections expounding on this point, pronounced: It is a basic precept in statutory Philippine Congress. Because Congress had not specifically authorized the activity
construction that a statute should be interpreted in harmony with the Constitution in Tañon Strait, the Court declared that no energy exploration should be permitted
and that the spirit, rather than the letter of the law determines its construction; in that area. Id., p. 34.
for that reason, a statute must be read according to its spirit and intent.
Note that while Presidential Decree No. 87 may serve as the general law upon
which a service contract for petroleum exploration and extraction may be
authorized, as will be discussed below, the exploitation and utilization of this
energy resource in the present case may be allowed only through a law passed by
Congress, since the Tañon Strait is a NIPAS area.
-------------------------------
Angelo Reyes
Resident Marine Mammals of the Protected Seascape Tañon Strait v. Secretary
Angelo Reyes, G.R. No. 180771 (April 21, 2015)
Supreme Court of the Philippines
Two sets of petitioners filed eparate cases challenging the legality of Service
Contract No. 46 (SC-46) awarded to Japan Petroleum Exploration Co.
(JAPEX). The service contract allowed JAPEX to conduct oil exploration in the
Tañon Strait during which it performed seismic surveys and drilled one exploration
well. The first petition was brought on behalf of resident marine mammals in the
Tañon Strait by two individuals acting as legal guardians and stewards of the marine
mammals. The second petition was filed by a non-governmental organization
representing the interests of fisherfolk, along with individual representatives from
fishing communities impacted by the oil exploration activities. The petitioners filed
their cases in 2007, shortly after JAPEX began drilling in the strait. In 2008, JAPEX
and the government of the Philippines mutually terminated the service contract and
oil exploration activities ceased. The Supreme Court consolidated the cases for the
purpose of review.
In its decision, the Supreme Court first addressed the important procedural point of
whether the case was moot because the service contract had been terminated. The
Court declared that mootness is “not a magical formula that can automatically
dissuade the courts in resolving a case.” Id., p. 12. Due to the alleged grave
constitutional violations and paramount public interest in the case, not to mention
the fact that the actions complained of could be repeated, the Court found it
necessary to reach the merits of the case even though the particular service contract
had been terminated. Id.
Reviewing the numerous claims filed by the petitioners, the Supreme Court
narrowed them down to two: 1) whether marine mammals, through their stewards,
have legal standing to pursue the case; and 2) whether the service contract violated
the Philippine Constitution or other domestic laws. Id., p. 11.
As to standing, the Court declined to extend the principle of standing beyond natural
and juridical persons, even though it recognized that the current trend in Philippine
8. Army and Navy Club vs CA
Facts:
The Army and Navy Club of Manila is occupying the above described land
and the Army and Navy Club Building by virtue of a Contract of Lease.
In violation of the agreement between the parties, the club has failed
and/or refused to construct a modern multi-storied hotel.
The club also reneged on its rental obligation notwithstanding the City’s
demand to pay, for its use and occupancy of the City’s property
Furthermore, the defendant also violated its undertaking to pay the taxes
due on the land and improvement
As a result, the City rescinded their Contract of Lease and demanded the
Club to vacate
The MTC rendered judgment in favor of the City of Manila and ordered it to
vacate and surrender the premises and to pay all with legal interest thereon,
its rental arrearages
On appeal, the Regional Trial Court affirmed in toto the summary
judgment of the
Metropolitan Trial Court.
Petitioner elevated the case to the Court of Appeals wherein the latter
dismissed.
Petitioner filed the instant petition
Issues:
1)whether the respondent courts gravely erred in upholding the ouster
of herein petitioner from the disputed premises which is a clear
transgression of the formal declaration of the site of herein petitioner as a
historical landmark
2)whether the property, subject matter of this case, is of public domain and
therefore, the contract of lease executed by the city of manila infavor of
petitioner is void
Held:
1)No, The country's artistic and historic wealth is a proper subject for the
exercise of police power which the State may regulate. This is a function
of the legislature and once regulation comes in, due process also comes
into play. Petitioner is merely a lessee of the property.
By virtue of the lease contract, petitioner had obligations to fulfill.
Petitioner can not just hide behind some recognition bestowed upon it
in order to escape from its obligation or remain in possession. It violated
the terms and conditions of the lease contract.
Thus, petitioner's eviction from the premises is inevitable.
2)No, after herein petitioner has dealt with the private respondent as the
owner of the leased premises and obtained benefits from said
acknowledgment of such ownership for almost half a century, herein
petitioner cannot be permitted to assume an inconsistent position by denying
said private respondent's ownership of the leased premises when the
situation calls for it
9. De Guzman vs Escalona
FIRST DIVISION with the penal provisions of said Act, and to pay the costs.
DECISION Contesting the course of action taken and the judgment rendered by
respondent Judge, herein petitioner Lt. Col. Rodrigo S. De Guzman, PC
MELENCIO-HERRERA, J.: Provincial Commander/Integrated National Police Superintendent at Camp
Sotero Cabahug, Cebu City, instituted these Certiorari proceedings alleging
In this original Petition for Certiorari, which was given due course in our mainly that the offense charged was one for possession of explosives
Resolution of February 6, 1980, the sole question to be resolved is whether intended for illegal fishing under Presidential Decree No. 704, as amended
or not respondent Municipal Circuit Court Judge, in Criminal Case No. by Presidential Decree No. 1058, and not for violation of Act 3023 which had
2450-D, had jurisdiction to try the offense charged and render judgment long been repealed by several laws and decrees; that the penalty provided for
although the criminal Complaint which was filed before him was only for by current legislation is one which falls within the exclusive original
preliminary investigation. jurisdiction of the Court of First Instance; and that respondent Judge's
Decision has no legal basis.
The Complaint charged the accused Florentino Rodrigo and Mariano
Dayday with "Illegal Possession of Explosive locally known as 'dinamita' For his part, respondent Judge submits that only possession of explosives in
(P.D. No. 1058)" before the Third Municipal Circuit Court at Daanbantayan, connection with subversion is covered by Presidential Decree No. 9, thus,
Medellin, Cebu (Crim. Case No. 2450-D), and reads as follows: the old law on illegal possession of explosives, Act 3023, has not been
completely repealed; that having found that the possession by the two
accused of two bottles of home-made explosives was solely for fishing
"That on the 20th day of July, 1979 at around 9:00 o'clock in the morning, purposes and had no connection with subversion, the illegal act should fall
more or less, at Sitio Suba, Bgy Maya, Municipality of Daanbantayan, not under Presidential Decree No. 9 but under Act 3023; that having arrived
Province of Cebu, Philippines, and within the Preliminary Jurisdiction of at said conclusion there was nothing irregular in his assuming original
this Honorable Court, the above-named accused while in the seawaters of jurisdiction and not merely conducting the second stage of the preliminary
the above-mentioned place, confederating and mutually helping with one investigation, for under Section 87(c) of the Judiciary Act the Municipal
another, without authority of the law and without proper permit from autho- Court has jurisdiction over illegal possession of explosives. Respondent
rities, did then and there willfully, unlawfully, and feloniously possess, keep Judge further justifies his course of action as being in the interest of the
an explosive, locally known as 'DINAMITA' in their banca purposely for use speedy and inexpensive administration of justice.
of illegal fishing in which case, three (3) bottles of explosives, two (2)
paddles, two (2) fishnets locally known as "SIBOT" and one (1) banca were The accused, Florentino Rodrigo and Mariano Dayday, whom we ordered
recovered from their possession and control, which acts of the above-named impleaded as party respondents, filed their Comment on the Petition, stating
accused is a gross violation of PD No. 1058. that they freely and voluntarily entered a plea of guilty with the able
assistance of counsel; that before handing down the Decision, respondent
"All contrary to law."[1] (Emphasis ours) Judge made them understand the nature and gravity of their crime; that
even the state prosecutors showed their conformity and appreciation for the
The Complaint was precipitated by the fact, as disclosed by the Sworn wisdom and practicality of the judgment of respondent Judge; and that they
Statements of CIC Carlos Dosdos and Sgt. Jose Andales[2] that when they appreciated the sentence imposed on them because they did not contemplate
conducted a seaborne patrol along Daanbantayan, Cebu, in the morning of to commit so grave an offense, the two bottles of confiscated explosives being
July 20, 1979, they spotted the accused Florentino Rodrigo and Mariano adulterated and not of genuine quality, and considering that they are
Dayday aboard a banca. As they approached the banca, Rodrigo attempted illiterates and ignorant of the destructive use of these explosives.
to light a bottle of dynamite but which they succeeded in stopping. Both
accused were arrested and three bottles of dynamite and two fishnets were Significantly, the Solicitor General representing the People of the
confiscated from them. Philippines and whom we likewise ordered impleaded as party petitioner,
has joined petitioner De Guzman in assailing the validity of the action taken
Instead of conducting a preliminary investigation, respondent Judge motu by respondent Judge in the criminal case before him.
propriotreated the Complaint as one for Violation of Act 3023 [3] and,
therefore, within its jurisdiction, since the offense charged did not warrant We find this Petition, indeed, impressed with merit and that respondent
prosecution under Presidential Decree No. 9 relating to crimes against Judge exceeded his jurisdiction when he rendered the questioned Decision
national security. He then proceeded to arraign the accused both of whom of August 6, 1979.
pleaded guilty, and rendered judgment on August 6, 1979, quoted in full
hereunder: The complaint filed against the two accused specifically alleged that they
wilfully and unlawfully possessed in their banca explosives locally known as
"dinamita" purposely intended for use in illegal fishing in violation of
"DECISION
Presidential Decree No. 1058.
"This case was originally filed in violation of Section 2 of PD No. 9, but is Presidential Decree No. 1058 is an amendatory decree, which increased the
prosecuted under Act 3023 upon suggestion of the Court, for under the facts penalties for certain forms of illegal fishing and for other acts made
and circumstances of this case the interests of justice require that this punishable under Presidential Decree No. 704 or the "Fisheries Decree of
offense be prosecuted under Act 3023 inasmuch as the possession is not in 1975". The pertinent portion of Section 33 of Presidential Decree No. 704,
connection with subversion or insurrection and that the quantity and quality as amended by Presidential Decree No. 1058 reads:
of the homemade explosive do not come to the level of destructiveness
contemplated under PD No. 9.
"SECTION 33. Illegal fishing; illegal possession of explosives intended for
illegal fishing; dealing in illegally caught fish or fishery/aquatic products. -
"Upon arraignment, both accused entered a plea of guilty. In view thereof,
It shall be unlawful for any person to catch, take or gather or cause to be
the Court hereby renders a decision finding and declaring above two accused
caught, taken or gathered fish or fishery/aquatic products in Philippine
GUILTY beyond reasonable doubt of the offense of Illegal Possession of
waters with the use of explosives, obnoxious or poisonous substance, or by
Explosive at the time and place stated in the complaint, in violation of Act
the use of electricity as defined in paragraphs (1), (m) and (d), respectively,
3023, and they are thereby sentenced to suffer a penalty consisting of
of Section 3 hereof: Provided, that possession of such explosives with intent
imprisonment for four (4) months and fine of P1,000.00 each, in accordance
to use the same for illegal fishing as herein defined shall be punishable as [1] p. 4, Rollo.
hereinafter provided: x x x x x x x x x x x x x x x x x x x x x ."
(Italics supplied). [2] pp. 6-9, Rollo.
Section 38, subsection a(1) of Presidential Decree No. 704, as amended by An Act to amend Act Numbered Twenty-two hundred and fifty-five,
[3]
Presidential Decree No. 1058, correspondingly provides: entitled "An Act prohibiting the manufacture, possession and sale of
dynamite and other explosives without a special permit, providing a penalty
therefor, and for other purposes."
"(1) By the penalty of imprisonment ranging from twelve (12) years to
twenty-five (25) years in the case of mere possession of explosives intended [4] p. 5, Rollo.
for illegal fishing; x x x x x x x x x x x x x x x x x x ." (Italics ours).
[5] Presidential Decree No. 1058
As correctly pointed out by the Solicitor General in the Comment he filed for
petitioner People of the Philippines, respondent Judge's reference to
Presidential Decree No. 9 is misplaced for, indeed, there is no mention at all
of, nor any reference to, Presidential Decree No. 9 in the Complaint. "Sec. 5. Jurisdiction. - The Military Tribunals created under Presidential
Decree No. 39, as amended, shall exercise exclusive jurisdiction to try cases
Jurisdiction over cases involving illegal possession of explosives intended for involving illegal fishing by the use of explosives, illegal possession of
illegal fishing and certain other acts prohibited under Presidential Decree explosives intended for illegal fishing, and trawl fishing as prohibited under
No. 704, which was vested by Section 5 of Presidential Decree No. 1058 upon Sections 33, 35 and 38 of Presidential Decree No. 704, as hereby amended."
Military Tribunals created under Presidential Decree No. 39, as
amended,[5] is now within the exclusive original jurisdiction of Courts of
First Instance by virtue of Letter of Instructions No. 772 dated November 27,
[6] Letter of Instructions No. 772
1978, issued by the President of the Philippines,[6] and the Rules and
Regulations implementing LOI No. 772 promulgated in the Joint Circular,
dated April 1, 1979, issued by the Minister of National Defense[7], in relation "1. All criminal cases to be filed by the Judge Advocate General or by any
to the Judiciary Act of 1948 as amended, in view of the penalty involved. personnel of the Ministry of National Defense and/or the military
establishment shall be referred in the first instance to the Civil Courts and
Since the purpose of preliminary investigation proper is to determine no longer to the Military Commission."
whether or not the accused should be released or held for trial before the
competent Court[8]the only jurisdiction of a Municipal Judge at the
preliminary investigation proper, where the offense charged does not fall [7] Joint Circular, April 1, 1979, Rules and Regulations
within the jurisdiction of the Municipal Court, is either to elevate the case
to the proper Court with his findings on preliminary investigation or, in the
absence of probable cause to believe an accused guilty, to dismiss the
"2. Cases to be filed with and tried by the Civil Courts/Detention and Release
case. He cannot decide the case on the merits and if he does, he acts without
of Accused - Criminal cases under the jurisdiction of the military tribunals
jurisdiction.[9] The duty of a Municipal Judge conducting the preliminary
pursuant to General Order No. 59, dated June 24, 1977, as amended by
investigation when the offense charged does not fall within his Court's
General Order No. 63, dated August 8, 1978, which have not yet been
jurisdiction is only to determine whether or not the evidence presented
referred by the Judge Advocate General to the military tribunals as of the
support prima facie the allegations of fact contained in the complaint, but he
effectivity of Letter of Instructions No. 772, shall be referred by him to the
has no legal authority to determine the character of the crime and his
proper civil authorities. x x x x x x x x x x x x."
declaration upon that point can only be regarded as an expression of opinion
in no wise binding on the trial Court.[10]
[8]Biron vs. Cea, 73 Phil 673 (1942), citing Hashim vs. Boncan, 71 Phil 216
Therefore, it was erroneous for respondent Judge at the preliminary (1941); People vs. Sabio Sr., 86 SCRA 568 (1978) citing Ngo Hoc vs. Aquino,
investigation of the criminal complaint filed before him for the specific 72 Phil 90 (1941), U.S. vs. Banzuela, 31 Phil 564 (1915), and Biron vs. Cea,
offense of illegal possession of explosives intended for illegal fishing under supra).
Presidential Decree No. 704, as amended by Presidential Decree No. 1058,
to have rendered judgment and to have convicted the accused for illegal See Ngo Hoc Chef vs. Aquino, 72 Phil 90 (1941), cited in Martin, Rules of
[9]
possession of explosives under Act No. 3023 considering that his Court had Court in the Philippines, Third Edition, Vol. 4, pp. 207-208.
no jurisdiction over the offense charged in the Complaint, and, hence, was
bereft of authority to determine the character of the crime committed. His [10] People vs. Gorospe, 53 Phil 960 (1928).
only jurisdiction was to elevate or dismiss the case. He could not decide the
case on the merits. U.S. vs. Jayme, 24 Phil 90 (1913); People vs. Bautista, 67 Phil 518
[11]
Without costs.
SO ORDERED.