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RA 9147 (v) when the wildlife is killed or destroyed after it has been used in authorized
research or experiments.
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION
OF WILDLIFE RESOURCES AND THEIR HABITATS, (b) inflicting injury which cripples and/or impairs the reproductive system of
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. wildlife species;
SECTION 2. Declaration of Policy. — It shall be the policy of the State to (c) effecting any of the following acts in critical habitat(s):
conserve the country’s wildlife resources and their habitats for sustainability.
(i) dumping of waste products detrimental to wildlife;
In the pursuit of this policy, this Act shall have the following objectives:
(ii) squatting or otherwise occupying any portion of the critical habitat;
(a) to conserve and protect wildlife species and their habitats to promote
ecological balance and enhance biological diversity; (iii) mineral exploration and/or extraction;
(b) to regulate the collection and trade of wildlife; (iv) burning;
(c) to pursue, with due regard to the national interest, the Philippine (v) logging; and
commitment to international conventions, protection of wildlife and their
habitats; and (vi) quarrying

(d) to initiate or support scientific studies on the conservation of biological (d) introduction, reintroduction or restocking of wildlife resources;
diversity. (e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and
Illegal Acts derivatives;

SECTION 27. Illegal Acts. — Unless otherwise allowed in accordance with (g) gathering or destroying of active nests, nest trees, host plants and the like;
this Act, it shall be unlawful for any person to willfully and knowingly exploit (h) maltreating and/or inflicting other injuries not covered by the preceding
wildlife resources and their habitats, or undertake the following acts: paragraph; and
(a) killing and destroying wildlife species, except in the following instances; (i) transporting of wildlife.
(i) when it is done as part of the religious rituals of established tribal groups or
indigenous cultural communities;
RA 8550
(ii) when the wildlife is afflicted with an incurable communicable disease;
THE PHILIPPINE FISHERIES CODE OF 1998.
(iii) when it is deemed necessary to put an end to the misery suffered by the
wildlife; Section 2. Declaration of Policy. - It is hereby declared the policy of the State:

(iv) when it is done to prevent an imminent danger to the life or limb of a (a) to achieve food security as the overriding consideration in the utilization,
human being; and management, development, conservation and protection of fishery resources
in order to provide the food needs of the population. A flexible policy towards
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the attainment of food security shall be adopted in response to changes in The state shall ensure the attainment of the following objectives of the fishery
demographic trends for fish, emerging trends in the trade of fish and other sector:
aquatic products in domestic and international markets, and the law of supply
1. Conservation, protection and sustained management of the country's fishery
and demand;lawphi1™
and aquatic resources;
(b) to limit access to the fishery and aquatic resources of the Philippines for
2. Poverty alleviation and the provision of supplementary livelihood among
the exclusive use and enjoyment of Filipino citizens;
municipal fisherfolk;
(c) to ensure the rational and sustainable development, management and
3. Improvement of productivity of aquaculture within ecological limits;
conservation of the fishery and aquatic resources in Philippine waters
including the Exclusive Economic Zone (EEZ) and in the adjacent high seas, 4. Optimal utilization of offshore and deep-sea resources; and
consistent with the primordial objective of maintaining a sound ecological
balance, protecting and enhancing the quality of the environment; 5. Upgrading of post-harvest technology.

(d) to protect the rights of fisherfolk, especially of the local communities with Prohibitions and Penalties
priority to municipal fisherfolk, in the preferential use of the municipal waters. Section 86. Unauthorized Fishing or Engaging in Other Unauthorized
Such preferential use, shall be based on, but not limited to, Maximum Fisheries Activities. - No person shall exploit, occupy, produce, breed, culture,
Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of capture or gather fish, fry or fingerlings of any fishery species or fishery
resources and ecological conditions, and shall be consistent with our products, or engage in any fishery activity in Philippine waters without a
commitments under international treaties and agreements; license, lease or permit.
(e) to provide support to the fishery sector, primarily to the municipal Discovery of any person in an area where he has no permit or registration
fisherfolk, including women and youth sectors, through appropriate papers for a fishing vessel shall constitute a prima facie presumption that the
technology and research, adequate financial, production, construction of post- person and/or vessel is engaged in unauthorized fishing: Provided, That fishing
harvest facilities, marketing assistance, and other services. The protection of for daily food sustenance or for leisure which is not for commercial,
municipal fisherfolk against foreign intrusion shall extend to offshore fishing occupation or livelihood purposes may be allowed.
grounds. Fishworkers shall receive a just share for their labor in the utilization
of marine and fishery resources; It shall be unlawful for any commercial fishing vessel to fish in bays and in
such other fishery management areas which may hereinafter be declared as
(f) to manage fishery and aquatic resources, in a manner consistent with the over-exploited.
concept of an integrated coastal area management in specific natural fishery
management areas, appropriately supported by research, technical services and Any commercial fishing boat captain or the three (3) highest officers of the
guidance provided by the State; and boat who commit any of the above prohibited acts upon conviction shall be
punished by a fine equivalent to the value of catch or Ten thousand pesos
(g) to grant the private sector the privilege to utilize fishery resources under (P10,000.00) whichever is higher, and imprisonment of six (6) months,
the basic concept that the grantee, licensee or permittee thereof shall not only confiscation of catch and fishing gears, and automatic revocation of license.
be a privileged beneficiary of the State but also active participant and partner
of the Government in the sustainable development, management, conservation It shall be unlawful for any person not listed in the registry of municipal
and protection of the fishery and aquatic resources of the country. fisherfolk to engage in any commercial fishing activity in municipal waters.
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Any municipal fisherfolk who commits such violation shall be punished by equipment or device for electro-fishing in any fishing vessel or in the
confiscation of catch and a fine of Five hundred pesos (500.00). possession of any fisherfolk, operator, fishing boat official or fishworker shall
constitute prima facie evidence, that the same was used for fishing in violation
Section 87. Poaching in Philippine Waters. - It shall be unlawful for any
of this Code. The discovery in any fishing vessel of fish caught or killed with
foreign person, corporation or entity to fish or operate any fishing vessel in
the use of explosive, noxious or poisonous substances or by electricity shall
Philippine waters.
constitute prima facie evidence that the fisherfolk, operator, boat official or
The entry of any foreign fishing vessel in Philippine waters shall constitute a fishworker is fishing with the use thereof.
prima facie evidence that the vessel is engaged in fishing in Philippine waters.
(2) Mere possession of explosive, noxious or poisonous substances or
Violation of the above shall be punished by a fine of One hundred thousand electrofishing devices for illegal fishing shall be punishable by imprisonment
U.S. Dollars (US$100,000.00), in addition to the confiscation of its catch, ranging from six (6) months to two (2) years.
fishing equipment and fishing vessel: Provided, That the Department is
(3) Actual use of explosives, noxious or poisonous substances or electrofishing
empowered to impose an administrative fine of not less than Fifty thousand
devices for illegal fishing shall be punishable by imprisonment ranging from
U.S. Dollars (US$50,000.00) but not more than Two hundred thousand U.S.
five (5) years to ten (10) years without prejudice to the filing of separate
Dollars (US$200,000.00) or its equivalent in the Philippine Currency.
criminal cases when the use of the same result to physical injury or loss of
Section 88. Fishing Through Explosives, Noxious or Poisonous Substance, human life.
and/or Electricity. -
(4) Dealing in, selling, or in any manner disposing of, for profit, illegally
(1) It shall be unlawful for any person to catch, take or gather or cause to be caught/gathered fisheries species shall be punished by imprisonment ranging
caught, taken or gathered, fish or any fishery species in Philippine waters with from six (6) months to two (2) years.
the use of electricity, explosives, noxious or poisonous substance such as
(5) In all cases enumerated above, the explosives, noxious or poisonous
sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable
substances and/or electrical devices, as well as the fishing vessels, fishing
or render unconscious fish or fishery species: Provided, That the Department,
equipment and catch shall be forfeited.
subject to such safeguards and conditions deemed necessary and endorsement
from the concerned LGUs, may allow, for research, educational or scientific Section 89. Use of Fine Mesh Net. - It shall be unlawful to engage in fishing
purposes only, the use of electricity, poisonous or noxious substances to catch, using nets with mesh smaller than that which may be fixed by the Department:
take or gather fish or fishery species: Provided, further, That the use of Provided, That the prohibition on the use of fine mesh net shall not apply to
poisonous or noxious substances to eradicate predators in fishponds in the gathering of fry, glass eels, elvers, tabios, and alamang and such species
accordance with accepted scientific practices and without causing adverse which by their nature are small but already mature to be identified in the
environmental impact in neighboring waters and grounds shall not be implementing rules and regulations by the Department.
construed as illegal fishing.
Violation of the above shall subject the offender to a fine from Two thousand
It will likewise be unlawful for any person, corporation or entity to possess, pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) or imprisonment
deal in, sell or in any manner dispose of, any fish or fishery species which have from six (6) months to two (2) years or both such fine and imprisonment at the
been illegally caught, taken or gathered. discretion of the court: Provided, That if the offense is committed by a
commercial fishing vessel, the boat captain and the master fisherman shall also
The discovery of dynamite, other explosives and chemical compounds which
be subject to the penalties provided herein: Provided, further, That the
contain combustible elements, or noxious or poisonous substances, or
owner/operator of the commercial fishing vessel who violates this provision
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shall be subjected to the same penalties provided herein: Provided, finally, Section 92. Ban on Muro-Ami Other Methods and Gear Destructive to Coral
That the Department is hereby empowered to impose upon the offender an Reefs and Other Marine Habitat.- It shall be unlawful for any person, natural
administrative fine and/or cancel his permit or license or both. or juridical, to fish with gear method that destroys coral reefs, seagrass beds,
and other fishery marine life habitat as may be determined by the Department.
Section 90. Use of Active Gear in the Municipal Waters and Bays and Other "Muro-Ami" and any of its variation, and such similar gear and methods that
Fishery Management Areas. - It shall be unlawful to engage in fishing in
require diving, other physical or mechanical acts to pound the coral reefs and
municipal waters and in all bays as well as other fishery management areas
other habitat to entrap, gather or catch fish and other fishery species are also
using active fishing gears as defined in this Code.
prohibited.
Violators of the above prohibitions shall suffer the following penalties:
The operator, boat captain, master fisherman, and recruiter or organizer of
(1) The boat captain and master fisherman of the vessels who participated in fishworkers who violate this provision shall suffer a penalty of two (2) years
the violation shall suffer the penalty of imprisonment from two (2) years to six to ten (10) years imprisonment and a fine of not less than One hundred
(6) years; thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
or both such fine and imprisonment, at the discretion of the court. The catch
(2) The owner/operator of the vessel shall be fined from Two thousand pesos and gear used shall be confiscated.
(P2,000.00) to Twenty thousand pesos (20,000.00) upon the discretion of the
court. It shall likewise be unlawful for any person or corporation to gather, sell or
export white sand, silica, pebbles and any other substances which make up any
If the owner/operator is a corporation, the penalty shall be imposed on the chief marine habitat.
executive officer of the Corporation.
The person or corporation who violates this provision shall suffer a penalty of
If the owner/operator is a partnership the penalty shall be imposed on the two (2) years to ten (10) years imprisonment and a fine of not less than One
managing partner. hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(3) The catch shall be confiscated and forfeited. (P500,000.00) or both such fine and imprisonment, at the discretion of the
court. The substance taken from its marine habitat shall be confiscated.
Section 91. Ban on Coral Exploitation and Exportation. - It shall be unlawful
for any person or corporation to gather, possess, sell or export ordinary Section 93. Illegal Use of Superlights. - It shall be unlawful to engage in
precious and semi-precious corals, whether raw or in processed form, except fishing with the use of superlights in municipal waters or in violation of the
for scientific or research purposes. rules and regulations which may be promulgated by the Department on the use
of superlights outside municipal waters.
Violations of this provision shall be punished by imprisonment from six (6)
months to two (2) years and a fine from Two thousand pesos (P2,000.00) to Violations of this provision shall be punished by imprisonment from six (6)
Twenty thousand pesos (20,000.00), or both such fine and imprisonment, at months to two (2) years or a fine of Five thousand pesos (P5,000.00) per
the discretion of the court, and forfeiture of the subject corals, including the superlight, or both such fine and imprisonment at the discretion of the courts.
vessel and its proper disposition. The superlight, fishing gears and vessel shall be confiscated.

The confiscated corals shall either be returned to the sea or donated to schools Section 94. Conversion of Mangroves. - It shall be unlawful for any person to
and museums for educational or scientific purposes or disposed through other convert mangroves into fishponds or for any other purposes.
means.
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Violation of the provision of this section shall be punished by imprisonment Violation of the provision of this section shall be punished by imprisonment
of six (6) years and one (1) day to twelve (12) years and/or a fine of Eighty of six (6) months and one (1) day to eight (8) years and/or a fine of Eighty
thousand pesos (P80,000.00): Provided, That if the area requires rehabilitation thousand pesos (P80,000.00) and forfeiture of the catch, and fishing equipment
or restoration as determined by the court, the offender should also be required used and revocation of license.
to restore or compensate for the restoration of the damage.
Section 99. Exportation of Breeders, Spawners, Eggs or Fry. - Exportation
Section 95. Fishing in Overfished Area and During Closed Season. - It shall of breeders, spawners, eggs or fry as prohibited in this Code shall be punished
be unlawful to fish in overfished area and during closed season. by imprisonment of eight (8) years, confiscation of the same or a fine
equivalent to double the value of the same, and revocation of the fishing and/or
Violation of the provision of this section shall be punished by imprisonment
export license/permit.
of six (6) months and one (1) day to six (6) years and/or fine of Six thousand
pesos (P6,000.00) and by forfeiture of the catch and cancellation of fishing Section 100. Importation or Exportation of Fish or Fishery Species. - Any
permit or license. importation or exportation of fish or fisheries species in violation of this Code
shall be punished by eight (8) years of imprisonment, a fine of Eighty thousand
Section 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It shall
pesos (P80,000.00) and destruction of live fishery species or forfeiture of non-
be unlawful to fish in fishery areas declared by the Department as fishery
live fishery species in favor of the department for its proper disposition:
reserves, refuge and sanctuaries.
Provided, That violator of this provision shall be banned from being members
Violation of the provision of this section shall be punished by imprisonment or stock holders of companies currently engaged in fisheries or companies to
of two (2) years to six (6) years and/or fine of Two thousand pesos (P2,000.00) be created in the future, the guidelines for which shall be promulgated by the
to Twenty thousand pesos (P20,000.00) and by forfeiture of the catch and the Department.
cancellation of fishing permit or license.
Section 101. Violation of Catch Ceilings. - It shall be unlawful for any person
Section 97. Fishing Or Taking of Rare, Threatened or Endangered to fish in violation of catch ceilings as determined by the Department.
Species. - It shall be unlawful to fish or take rare, threatened or endangered Violation of the provision of this section shall be punished by imprisonment
species as listed in the CITES and as determined by the Department. of six (6) months and one (1) day to six (6) years and/or a fine of Fifty thousand
pesos (P50,000.00) and forfeiture of the catch, and fishing equipment used and
Violation of the provision of this section shall be punished by imprisonment revocation of license.
of twelve (12) years to twenty (20) years and/or a fine of One hundred and
twenty thousand pesos (P120,000.00) and forfeiture of the catch, and the Section 102. Aquatic Pollution. - Aquatic pollution, as defined in this Code
cancellation of fishing permit. shall be unlawful.

Section 98. Capture of Sabalo and Other Breeders/Spawners. - It shall be Violation of the provision of this section shall be punished by imprisonment
unlawful for any person to catch, gather, capture or possess mature milkfish or of six (6) years and one (1) day to twelve (12) years and/or a fine of Eighty
"sabalo" and such other breeders or spawners of other fishery species as may thousand pesos (P80,000.00) plus an additional fine of Eight thousand pesos
be determined by the Department: Provided, That catching of "sabalo" and (P8,000.00) per day until such violation ceases and the fines paid.
other breeders/spawners for local breeding purposes or scientific or research
Section 103. Other Violations. - The following fisheries activities shall also
purposes may be allowed subject to guidelines to be promulgated by the
be considered as a violation of this Code:
Department.
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(a) Failure to Comply with Minimum Safety Standards. - The owner and empowered to impound with the assistance of the Philippine Coast Guard,
captain of a commercial fishing vessel engaged in fishing who, upon demand PNP-Maritime Command: Provided, finally, That any person who unlawfully
by proper authorities, fails to exhibit or show proof of compliance with the obstructs or delays the inspection and/or movement of fish and fishery/aquatic
safety standards provided in this Code, shall be immediately prevented from products when such inspection and/or movement is authorized under this
continuing with his fishing activity and escorted to the nearest port or landing Code, shall be subject to a fine of not more than Ten thousand pesos
point. The license to operate the commercial fishing vessel shall be suspended (P10,000.00) or imprisonment of not more than two (2) years, or both such
until the safety standard has been complied with. fine and imprisonment, upon the discretion of the court.
(b) Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Every penalty imposed for the commission of an offense shall carry with it the
Cages. - The FLA of the holder who fails to render a yearly report shall be forfeiture of the proceeds of such offense and the instruments or tools with
immediately cancelled: Provided, That if the offender be the owner of the which it was committed.
fishpond, fish pen or fish cage, he shall be subjected to the following penalties:
Such proceeds and instruments or tools shall be confiscated and forfeited in
(1) first offense, a fine of Five hundred pesos (P500.00) per unreported hectare;
favor of the Government, unless they be the property of a third person not
(2) subsequent offenses, a fine of One thousand pesos (1,000.00) per
liable for the offense, but those articles which are not subject of lawful
unreported hectare.
commerce shall be destroyed.
(c) Gathering and Marketing of Shell Fishes. - It shall be unlawful for any
person to take, sell, transfer, or have in possession for any purpose any shell Section 104. Commercial Fishing Vessel Operators Employing Unlicensed
Fisherfolk or Fishworker or Crew.- The owner/operator of a commercial
fish which is sexually mature or below the minimum size or above the
fishing vessel employing unlicensed fisherfolk or fishworker shall be fined
maximum quantities prescribed for the particular species.
Five hundred pesos (P500.00) each for every month that the same has been
(d) Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, employed and/or One thousand pesos (P1,000.00) for every month for each
Lake or Bay. - It shall be unlawful for any person who causes obstruction to unlicensed crew member who has been employed.
navigation or flow or ebb of tide.
Section 105. Obstruction of Defined Migration Paths. - Obstruction of any
(e) Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish defined migration paths of anadromous, catadromous and other migratory
Cages. - It shall be unlawful to construct and operate fish corrals/traps, fish species, in areas including, but not limited to river mouths and estuaries within
pens and fish cages without a license/permit. a distance determined by the concerned FARMCs shall be punished by
imprisonment of seven (7) years to twelve (12) years or a fine from Fifty
Subject to the provision of subparagraph (b) of this section, violation of the
thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00)or
above-enumerated prohibited acts shall subject the offender to a fine ranging
both imprisonment and fine at the discretion of the court, and cancellation of
from Two thousand pesos (P2,000.00) to Ten thousand pesos (P10,000.00) or
permit/license, if any, and dismantling of obstruction shall be at his own
imprisonment from one (1) month and one (1) day to six (6) months, or both
expense and confiscation of same.
such fine and imprisonment, upon the discretion of the court: Provided, That
the Secretary is hereby empowered to impose upon the offender an Section 106. Obstruction to Fishery Law Enforcement Officer. - The boat
administrative fine of not more than Ten thousand pesos (P10,000.00) or to owner, master or operator or any person acting on his behalf of any fishing
cancel his permit or license, or to impose such fine and to cancel his permit or vessel who evades, obstructs or hinders any fishery law enforcement officer of
license, in the discretion of the Secretary: Provided, further, That the Secretary, the Department to perform his duty, shall be fined Ten thousand pesos
or his duly authorized representative, and law enforcement agents are hereby
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(P10,000.00). In addition, the registration, permit and/or license of the vessel registration fee than that for which it was originally registered, or for renewal
including the license of the master fisherman shall be canceled. of a delinquent registration, the penalty shall be a fine fifty per cent of the
registration fees corresponding to the portion of the year for which the vehicle
Section 107. Promulgation of Administrative Orders. - For purposes of
is registered for use.
fishery regulation or other fishery adjustments, the Department in consultation
with the LGUs and local FARMCs, shall issue Fishery Administrative Orders (b) For failure to sign driver's license or to carry same while driving, twenty
or regulations for the conservation, preservation, management and sustainable pesos fine.
development of fishery and aquatic resources.
(c) Driving a vehicle with a delinquent or invalid driver's license, fifty pesos
fine.
DAO-03-30/PD 1586 (d) Driving a motor vehicle with delinquent, suspended or invalid registration,
or without registration or without the proper license plate for the current year,
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT
three hundred pesos fine.
SYSTEM, INCLUDING OTHER ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR OTHER PURPOSES. (e) Driving a motor vehicle without first securing a driver's license, three
hundred pesos fine.
Section 1. Policy. It is hereby declared the policy of the State to attain and
maintain a rational and orderly balance between socio-economic growth and (f) Driving a motor vehicle while under the influence of liquor or narcotic drug,
environmental protection. a fine of not less than two hundred pesos nor more than five hundred pesos, or
imprisonment of not more than three months, or both, at the discretion of the
Section 2. Environmental Impact Statement System. There is hereby
Court.
established an Environmental Impact Statement System founded and based on
the environmental impact statement required, under Section 4 of Presidential (g) Violation of Section thirty-two, thirty-four (a), (b) and (b-1), thirty-five and
Decree No. 1151, of all agencies and instrumentalities of the national forty-six a fine not exceeding one hundred pesos: Provided, however, That in
government, including government-owned or controlled corporations, as well the case of violation of Section 34 (b) the vehicle or vehicles affected may not
as private corporations, firms and entities, for every proposed project and be allowed to operate unless the requirements provided in this section are
undertaking which significantly affect the quality of the environment. complied with.
(h) Violations of Sections forty-nine, fifty and fifty-two, a fine not exceeding
fifty pesos.
RA 4136
(i) For making, using or attempting to make or use a driver's license, badge,
LAND TRANSPORTATION AND TRAFFIC CODE.
certificate or registration, number plate, tag or permit in imitation or similitude
Penalties of those issued under this Act, or intended to be used as or for a legal license,
badge, certificate, plate, tag or permit or with intent to sell or otherwise dispose
Section 56. Penalty for violation. - The following penalties shall be imposed of the same to another, or false or fraudulently represent as valid and in force
for violations of this Act: any driver's license, badge, certificate, plate, tag or permit issued under this
(a) For registering later than seven days after acquiring title to an unregistered Act which is delinquent or which has been suspended or revoked, a fine of not
motor vehicle or after conversion of a registered motor vehicle requiring larger exceeding three hundred pesos.
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(j) For using private passenger automobiles, private trucks, private RA 9275
motorcycles, and motor wheel attachments for hire, in violation of Section
PHILIPPINE CLEAN WATER ACT OF 2004.
seven, subsections (a), (b), and (c), of this Act, a fine of two hundred pesos
and suspension of driver's license for a period of three months for the first SECTION 2. Declaration of Policy. - The State shall pursue a policy of
conviction; a fine of three hundred pesos and six months imprisonment for the economic growth in a manner consistent with the protection, preservation and
second conviction; and an imprisonment of one year and permanent revocation revival of the quality of our fresh, brackish and marine waters. To achieve this
of the driver's license for the third conviction. end, the framework for sustainable development shall be pursued. As such, it
shall be the policy of the State:
(k) For permitting, allowing, consenting to, or tolerating the use of a privately-
owned motor vehicle for hire in violation of Section seven, subsections (a), a) To streamline processes and procedures in the prevention, control and
(b), and (c), of this Act, there shall be imposed upon the owner of the vehicle abatement of pollution of the country's water resources;
a fine of five hundred pesos and the certificate of registration shall be
suspended for a period of three months for the first conviction, and an increase b) To promote environmental strategies, use of appropriate economic
of one hundred pesos in the fine and one month's suspension of the registration instruments and of control mechanisms for the protection of water resources;
for each subsequent conviction. c) To formulate a holistic national program of water quality management that
(l) For violation of any provisions of this Act or regulations promulgated recognizes that water quality management issues cannot be separated from
pursuant hereto, not hereinbefore specifically punished, a fine of not less than concerns about water sources and ecological protection, water supply, public
ten or more than fifty pesos shall be imposed. health and quality of life;

(m) In the event an offender cannot pay any fine imposed pursuant to the d) To formulate an integrated water quality management framework through
provisions of this Act, he shall be made to undergo subsidiary imprisonment proper delegation and effective coordination of functions and activities;
as provided for in the Revised Penal Code. e) promote commercial and industrial processes and products that are
(n) If, as the result of negligence or reckless or unreasonable fast driving, any environment friendly and energy efficient;
accident occurs resulting in death or injury of any person, the motor vehicle f) To encourage cooperation and self-regulation among citizens and industries
operator at fault shall, upon conviction, be punished under the provisions of through the application of incentives and market-based instruments and to
the Revised Penal Code. promote the role of private industrial enterprises in shaping its regulatory
Section 57. Punishment for other offenses. - The conviction of any person for profile within the acceptable boundaries of public health and environment;
any offense under this Act shall not bar his prosecution for any other offense g) To provide for a comprehensive management program for water pollution
which may have been committed by such person concurrently with the focusing on pollution prevention;
commission of the offense of which he was convicted or in doing the act or
series of acts which constituted the offense of which he was convicted. h) To promote public information and education and to encourage the
participation of an informed and active public in water quality management
and monitoring;
i) To formulate and enforce a system of accountability for short and long-term
adverse environmental impact of a project, program or activity; and
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j) To encourage civil society and other sectors, particularly labor, the academe f) Transport, dumping or discharge of prohibited chemicals, substances or
and business undertaking environment-related activities in their efforts to pollutants listed under Republic Act No.6969;
organize, educate and motivate the people in addressing pertinent
g) Operate facilities that discharge or allow to seep, willfully or through gross
environmental issues and problems at the local and national levels.
negligence, prohibited chemicals, substances or pollutants listed under R. A.
SECTION 3. Coverage of the Act. - This Act shall apply to water quality No. 6969 into water bodies or wherein the same shall be liable to be washed
management in all water bodies: Provided, That it shall primarily apply to the into such surface, ground, coastal, and marine water;
abatement and control of pollution from land based sources: Provided, further,
h) Undertaking activities or development and expansion of projects, or
That the water quality standards and regulations and the civil liability and
operating wastewater/sewerage facilities in violation of Presidential Decree.
penal provisions under this Act shall be enforced irrespective of sources of
No.1586 and its implementing rules, and regulations;
pollution.
i) Discharging regulated water pollutants without the valid required discharge
SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
permit pursuant to this Act or after the permit was revoked for any violation
a) Discharging, depositing or causing to be deposited material of any kind of condition therein;
directly or indirectly into the water bodies or along the margins of any surface
j) Non-compliance of the LGU with the Water Quality Framework and
water, where, the same shall be liable to be washed into such surface water,
Management Area Action Plan. In such a case, sanctions shall be imposed on
either by tide action or by storm, floods or otherwise, which could cause water
the local government officials concerned;
pollution or impede natural flow in the water body;
k) Refusal to allow entry, inspection and monitoring by the Department in
b) Discharging, injecting or allowing to seep into the soil or sub-soil any
accordance with this Act;
substance in any form that would pollute groundwater. In the case of
geothermal projects, and subject to the approval of the Department, regulated l) Refusal to allow access by the Department to relevant reports and records in
discharge for short- term activities (e.g. well testing, flushing, commissioning, accordance with this Act;
venting) and deep re-injection of geothermal liquids may be
allowed: Provided, That safety measures are adopted to prevent the m) Refusal or failure to submit reports whenever required by the Department
contamination of the groundwater; in accordance with this Act;

c) Operating facilities that discharge regulated water pollutants without the n) Refusal or failure to designate pollution control officers whenever required
valid required permits or after the permit was revoked for any violation of any by, the Department in accordance with this Act; and
condition therein; o) Directly using booster pumps in the distribution system or tampering with
d) Disposal of potentially infectious medical waste into sea water by vessels the water supply in such a way as to alter or impair the water quality.
unless the health or safety of individuals on board the vessel is threatened by
a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid
waste as defined under Republic Act No.9003;
Page 10 of 24

RA 9003 (i) Institutionalize public participation in the development and implementation


of national and local integrated, comprehensive, and ecological waste
ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000.
management programs; and
Section 2. Declaration of Policies - It is hereby declared the policy of the State
(j) Strength the integration of ecological solid waste management and resource
to adopt a systematic, comprehensive and ecological solid waste management
conservation and recovery topics into the academic curricula of formal and
program which shall:
non-formal education in order to promote environmental awareness and action
(a) Ensure the protection of the public health and environment; among the citizenry.

(b) Utilize environmentally-sound methods that maximize the utilization of Section 48. Prohibited Acts - The following acts are prohibited:
valuable resources and encourage resource conservation and recovery;
(1) Littering, throwing, dumping of waste matters in public places, such as
(c) Set guidelines and targets for solid waste avoidance and volume reduction roads, sidewalks, canals, esteros or parks, and establishment, or causing or
through source reduction and waste minimization measures, including permitting the same;
composting, recycling, re-use, recovery, green charcoal process, and others,
(2) Undertaking activities or operating, collecting or transporting equipment
before collection, treatment and disposal in appropriate and environmentally
in violation of sanitation operation and other requirements or permits set forth
sound solid waste management facilities in accordance with ecologically
in established pursuant;
sustainable development principles;
(3) The open burning of solid waste;
(d) Ensure the proper segregation, collection, transport, storage, treatment and
disposal of solid waste through the formulation and adoption of the best (4) Causing or permitting the collection of non-segregated or unsorted wastes;
environmental practice in ecological waste management excluding
(5) Squatting in open dumps and landfills;
incineration;
(6) Open dumping, burying of biodegradable or non-biodegradable materials
(e) Promote national research and development programs for improved solid
in flood prone areas;
waste management and resource conservation techniques, more effective
institutional arrangement and indigenous and improved methods of waste (7) Unauthorized removal of recyclable material intended for collection by
reduction, collection, separation and recovery; authorized persons;
(f) Encourage greater private sector participation in solid waste management; (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
(g) Retain primary enforcement and responsibility of solid waste management
disposal;
with local government units while establishing a cooperative effort among the
national government, other local government units, non- government (9) Establishment or operation of open dumps as enjoined in this Act, or
organizations, and the private sector; closure of said dumps in violation of Sec. 37;
(h) Encourage cooperation and self-regulation among waste generators (10) The manufacture, distribution or use of non-environmentally acceptable
through the application of market-based instruments; packaging materials;
(11) Importation of consumer products packaged in non-environmentally
acceptable materials;
Page 11 of 24

(12) Importation of toxic wastes misrepresented as "recyclable" or "with (P500,000.00) plus and amount not less than five percent (5%) but not more
recyclable content"; than ten percent (10%) of his net annual income during the previous year.
(13) Transport and dumplog in bulk of collected domestic, industrial, The additional penalty of imprisonment of a minimum period of one (1) year
commercial, and institutional wastes in areas other than centers or facilities but not to exceed three (3) years at the discretion of the court, shall be imposed
prescribe under this Act; for second or subsequent violations of Sec. 48, pars. (9) and (10).
(14) Site preparation, construction, expansion or operation of waste (e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction,
management facilities without an Environmental Compliance Certificate be punished with a fine not less than Ten thousand pesos (P10,000.00) but not
required pursuant to Presidential Decree No. 1586 and this Act and not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not
conforming with the land use plan of the LGU; less than thirty (30) days but not more than three (3) years, or both;
(15) The construction of any establishment within two hundred (200) meters (f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon
from open dumps or controlled dumps, or sanitary landfill; and conviction, be punished with a fine not less than One hundred thousand pesos
(P100,000.00) but not more than One million pesos (P1,000,000.00), or
(16) The construction or operation of landfills or any waste disposal facility
imprisonment not less than one (1) year but not more than six (6) years, or
on any aquifer, groundwater reservoir, or watershed area and or any portions
both.
thereof.
If the offense is committed by a corporation, partnership, or other juridical
Section 49. Fines and Penalties -
identity duly recognized in accordance with the law, the chief executive
(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be officer, president, general manager, managing partner or such other officer-in-
punished with a fine of not less than Three hundred pesos (P300.00) but not charge shall be liable for the commission of the offense penalized under this
more than One thousand pesos (P1,000.00) or render community service for Act.
not less than one (1) day to not more than fifteen (15) days to an LGU where
If the offender is an alien, he shall, after service of the sentence prescribed
such prohibited acts are committed, or both;
above, be deported without further administrative proceedings.
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction
The fines herein prescribed shall be increased by at lest ten (10%) percent
be punished with a fine of not less than Three hundred pesos (P300.00) but not
every three (3) years to compensate for inflation and to maintain the deterrent
more than One thousand pesos (P1,000.00) or imprisonment of not less than
functions of such fines.
one (1) day but to not more than fifteen (15) days, or both;
Section 50. Administrative Sanctions - Local government officials and
(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon
officials of government agencies concerned who fail to comply with and
conviction, be punished with a fine of not less than One thousand pesos
enforce rules and regulations promulgated relative to this Act shall be charged
(P1,000.00) but not more than Three thousand pesos (P3,000.00) or
administratively in accordance with R.A. 7160 and other existing laws, rules
imprisonment of not less than fifteen (15) day but to not more than six (6)
and regulations
months, or both;
(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first
time shall, upon conviction, pay a fine of Five hundred thousand pesos
Page 12 of 24

RA 6969 d) To prevent the entry, even in transit, as well as the keeping or storage and
disposal of hazardous and nuclear wastes into the country for whatever
TOXIC SUBSTANCES, HAZARDOUS AND NUCLEAR WASTE
purpose.
CONTROL ACT OF 1990.
Section 6. Function, Powers and Responsibilities of the Department of
Section 2. Declaration of Policy. – It is the policy of the State to regulate,
Environment and Natural Resources.– The Department of Environment and
restrict or prohibit the importation, manufacture, processing, sale, distribution,
Natural Resources shall be the implementing agency tasked with the following
use and disposal of chemical substances and mixtures that present
functions, powers, and responsibilities:
unreasonable risk and/or injury to health or the environment; to prohibit the
entry, even in transit, of hazardous and nuclear wastes and their disposal into a) To keep an updated inventory of chemicals that are presently being
the Philippine territorial limits for whatever purpose; and to provide manufactured or used, indicating, among others, their existing and possible
advancement and facilitate research and studies on toxic chemicals. uses, quality, test data, names of firms manufacturing or using them, and such
other information as the Secretary may consider relevant to the protection of
Section 3. Scope. – This Act shall cover the importation, manufacture,
health and the environment;
processing, handling, storage, transportation, sale, distribution, use and
disposal of all unregulated chemical substances and mixtures in the b) To require chemical substances and mixtures that present unreasonable risk
Philippines, including the entry, even in transit as well as the keeping or or injury to health or to the environment to be tested before they are
storage and disposal of hazardous and nuclear wastes into the country for manufactured or imported for the first time;
whatever purpose.
c) To require chemical substances and mixtures which are presently being
Section 4. Objectives. – The objectives of this Act are: manufactured or processed to be tested if there is a reason to believe that they
pose unreasonable risk or injury to health or the environment;
a) To keep an inventory of chemicals that are presently being imported,
manufactured, or used, indicating, among others, their existing and possible d) To evaluate the characteristics of chemicals that have been tested to
uses, test data, names of firms manufacturing or using them, and such other determine their toxicity and the extent of their effects on health and the
information as may be considered relevant to the protection of health and the environment;
environment;
e) To enter into contracts and make grants for research, development, and
b) To monitor and regulate the importation, manufacture, processing, monitoring of chemical substances and mixtures;
handling, storage, transportation, sale, distribution, use and disposal of
f) To conduct inspection of any establishment in which chemicals are
chemical substances and mixtures that present unreasonable risk or injury to
manufactured, processed, stored or held before or after their commercial
health or to the environment in accordance with national policies and
distribution and to make recommendations to the proper authorities concerned;
international commitments;
g) To confiscate or impound chemicals found not falling within said acts
c) To inform and educate the populace regarding the hazards and risks
cannot be enjoined except after the chemicals have been impounded;
attendant to the manufacture, handling, storage, transportation, processing,
distribution, use and disposal of toxic chemicals and other substances and h) To monitor and prevent the entry, even in transit, of hazardous and nuclear
mixture; and wastes and their disposal into the country;
Page 13 of 24

i) To subpoena witnesses and documents and to require other information if Peoples (ICCs/IPs) hereunder enumerated within the framework of the
necessary to carry out the provisions of this Act; Constitution:
j) To call on any department, bureau, office, agency, state university or college,
and other instrumentalities of the Government for assistance in the form of
a) The State shall recognize and promote the rights of ICCs/IPs within
personnel, facilities, and other resources as the need arises in the discharge of
the framework of national unity and development;
its functions;
k) To disseminate information and conduct educational awareness campaigns
on the effects of chemical substances, mixtures and wastes on health and b) The State shall protect the rights of ICCs/IPs to their ancestral
environment; and domains to ensure their economic, social and cultural well being and shall
recognize the applicability of customary laws governing property rights or
l) To exercise such powers and perform such other functions as may be
relations in determining the ownership and extent of ancestral domain;
necessary to carry out its duties and responsibilities under this Act.
Section 13. Prohibited Acts. – The following acts and omissions shall be
considered unlawful: c) The State shall recognize, respect and protect the rights of ICCs/IPs
to preserve and develop their cultures, traditions and institutions. It shall
a) Knowingly use a chemical substance or mixture which is imported,
consider these rights in the formulation of national laws and policies;
manufactured, processed or distributed in violation of this Act or
implementing rules and regulations or orders;
b) Failure or refusal to submit reports, notices or other information, access to d) The State shall guarantee that members of the ICCs/IPs regardless
records, as required by this Act, or permit inspection of establishment where of sex, shall equally enjoy the full measure of human rights and freedoms
chemicals are manufactured, processed, stored or otherwise held; without distinction or discrimination;
c) Failure or refusal to comply with the pre-manufacture and pre-importation
requirements; and
e) The State shall take measures, with the participation of the ICCs/IPs
d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or concerned, to protect their rights and guarantee respect for their cultural
bringing into Philippines territory, including its maritime economic zones, integrity, and to ensure that members of the ICCs/IPs benefit on an equal
even in transit, either by means of land, air or sea transportation or otherwise footing from the rights and opportunities which national laws and regulations
keeping in storage any amount of hazardous and nuclear wastes in any part of grant to other members of the population; and
the Philippines.
RA 8371
f) The State recognizes its obligations to respond to the strong
THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997. expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP
participation in the direction of education, health, as well as other services of
SECTION 2. Declaration of State Policies. — The State shall recognize
ICCs/IPs, in order to render such services more responsive to the needs and
and promote all the rights of Indigenous Cultural Communities/Indigenous
desires of these communities.
Page 14 of 24

(3) Tampering of Engine Serial Number. - Any person who is found to have
defaced or tampered with the original registered engine serial number of any
Towards these ends, the State shall institute and establish the necessary
chain saw unit shall be punished by imprisonment of not less than one (1)
mechanisms to enforce and guarantee the realization of these rights, taking into
month nor more than six (6) months and a fine of not less than One thousand
consideration their customs, traditions, values, beliefs, interests and
pesos (P1,000.00) nor more than Four thousand pesos (P4,000.00).
institutions, and to adopt and implement measures to protect their rights to
their ancestral domains. (4) Actual Unlawful Use of Chain Saw. - Any person who is found to be in
possession of a chain saw and uses the same to cut trees and timber in forest
land or elsewhere except as authorized by the Department shall be penalized
RA 9175 with imprisonment of six (6) years and one (1) day to eight (8) years or a fine
of not less that Thirty thousand pesos (P30,000.00) but not more than Fifty
CHAINSAW ACT OF 2002. thousand pesos (P50,000.00) or both at the discretion of the court without
Section 2. Declaration Policy. – It is the policy of the State consistent with the prejudice to being prosecuted for a separate offense that may have been
Constitution, to conserve, develop and protect the forest resources under simultaneously committed. The chain saw unlawfully used shall be likewise
sustainable management. Toward this end, the State shall pursue an aggressive confiscated in favor of the government.
forest protection program geared towards eliminating illegal logging and other If the violation under this Section is committed by or through the command or
forms of forest destruction which are being facilitated with the use of chain order of another person, partnership or corporation, the penalties herein
saws. The State shall therefore regulate the ownership, possession, sale, provided shall likewise be imposed on such other person, or the responsible
transfer, importation and/or use of chain saws to prevent them from being used officer(s) in such partnership or corporation.
in illegal logging or unauthorized clearing of forests.
If the offender is a public official or employee, in addition to the above
Section 7. Penal Provisions. - penalties, he shall be removed from office and perpetually disqualified from
(a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a holding any public office.
Chain Saw Without a Proper Permit. - Any person who sells, purchases, The chain saws confiscated under this Section shall be sold at public auction
transfer the ownership, distributes or otherwise disposes or possesses a chain to qualified buyers and the proceeds thereof shall go to the Department.
saw without first securing the necessary permit from the Department shall be
punished with imprisonment of four (4) years, two (2) months and one (1) day RA 4850
to six (6) years or a fine of not less than Fifteen thousand pesos (P15,000.00)
AN ACT CREATING THE LAGUNA LAKE DEVELOPMENT
but not more Thirty thousand pesos (30,000.00) or both at the discretion of the
AUTHORITY, PRESCRIBING ITS POWERS, FUNCTIONS AND
court, and the chain saw/s confiscated in favor of the government.
DUTIES, PROVIDING FUNDS THEREFOR, AND FOR OTHER
(2) Unlawful Importation or Manufacturing of Chain Saw. - Any person who PURPOSES.
imports or manufactures a chain saw without obtaining prior authorization
Sec. 1. Declaration of Policy. It is hereby declared to be the national policy to
from the Department shall be punished by imprisonment of not less than one
promote, and accelerate the development and balanced growth of the Laguna
(1) month nor more than six (6) months and a fine of not less than One
Lake area and the surrounding provinces, cities and towns hereinafter referred
thousand pesos (P1,000.00) for more than Four thousand pesos (P4,000.00).
to as the region, within the context of the national and regional plans and
policies for social and economic development and to carry out the
Page 15 of 24

development of the Laguna Lake region with due regard and adequate clearance for approved proposed plans, programs, and projects within thirty
provisions for environmental management and control, preservation of the days from submission thereof unless the proposals are not in consonance with
quality of human life and ecological systems, and the prevention of undue those of the Authority or that those will contribute to the unmanageable
ecological disturbances, deterioration and pollution. pollution of the Laguna Lake waters or will bring about the ecological
imbalance of the region: Provided, further, That the Authority is hereby
Sec. 4. Special Powers and Functions. The Authority shall exercise perform
empowered to institute necessary legal proceeding against any person who
the following powers and functions:
shall commence to implement or continue implementation of any project, plan
(a) To make a comprehensive survey of the physical and natural resources and or program within the Laguna de Bay region without previous clearance from
potentialities of the Laguna Lake region particularly its social and economic the Authority: Provided, furthermore,That any local government office,
conditions, hydrologic characteristics, power potentials, scenic and tourist agency, public corporation, private person, or enterprise whose plans,
spots, regional problems, and on the basis thereof, to draft a comprehensive programs and/or projects have been disapproved by the Authority may appeal
and detailed plan designed to conserve and utilize optimally the resources the decision of the Authority to the NEDA within fifteen (15) days from receipt
within the region particularly Laguna de Bay to promote the region's rapid of such disapproval whose decision on the matter shall be final. Reasonable
social and economic development and upon approval by the National processing fees as may be fixed by the Authority's Board of Directors shall be
Economic and Development Authority (NEDA) Board of such plan, to collected by the Authority for the processing of such plans, programs and/or
implement the same including projects in line with said plan: Provided, That projects: Provided, finally, The expansion plans shall be considered as new
implementation of all fisheries plans and programs of the authority shall plans subject to review of the Authority and to payment of the processing fees.
require prior consensus of the Bureau of Fisheries and Aquatic Resources to
The Authority and national and local government offices, agencies and public
ensure that such plans and programs are consistent with the national fisheries
corporations shall coordinate their plans, programs, projects and licensing
plans and programs. For the purpose of said survey, public agencies shall
procedures with respect to the Laguna Lake region for the purpose of drawing
submit and private entities shall provide necessary data except such data which
up a Laguna Lake development plan which shall be binding upon all parties
under existing laws are deemed inviolable.
concerned upon approval of the NEDA board.
(b) To provide the machinery for extending the necessary planning,
(e) To engage in agriculture, industry, commerce, or other activities within the
management and technical assistance to prospective and existing investors in
region which may be necessary or directly contributory to the socio-economic
the region;
development of the region, and, for this purposes, whether by itself or in
(c) To make recommendation to the proper agencies on the peso or dollar cooperation with private persons or entities, to organize, finance, invest in, and
financing, technical support, physical assistance and, generally, the level of operate subsidiary corporations: Provided, That the Authority shall engage
priority to be accorded agricultural, industrial and commercial projects, only, unless public interest requires otherwise, in those activities as are in the
soliciting or requiring direct help from or through the government or any of its nature of new ventures or are clearly beyond the scope, capacity, or interest or
instrumentalities; private enterprises due to consideration of geography, technical or capital
requirements, returns on investment, and risk;
(d) To pass upon and approve or disapprove all plans, programs, and projects
proposed by local government offices/agencies within the region, public (f) To plan, program finance/or undertake infrastructure projects such as river,
corporations, and private persons or enterprises where such plans, programs flood and tidal control works, waste water and sewerage works, water supply,
and/or projects are related to those of the Authority for the development of the roads, portworks, irrigation, housing and related works, when so required
region as envisioned in this Act. The Authority shall issue the necessary within the context of its development plans and programs including the
Page 16 of 24

readjustment, relocation or settlement of population within the region as may studies and make experiments, whenever necessary, with the collaboration and
be necessary and beneficial by the Authority: Provided, That should any assistance of the Bureau of Fisheries and Aquatic Resources, with the end in
project be financed wholly or in part by the Authority, it is hereby authorized view of improving present techniques and practice. Provided, That until
to collect reasonable fees and tolls as may be fixed by its Board of Directors modified, altered or amended by the procedure provided in the following sub-
subject to the approval of the NEDA Board from users and/or beneficiaries paragraph, the present laws, rules and permits or authorizations remain in
thereof to recover costs of construction, operation and maintenance of the force;
projects: Provided, further, That if the Authority should find it necessary to
(k) For the purpose of effectively regulating and monitoring activities in
undertake such infrastructure projects which are classified, as social overhead
Laguna de Bay, the Authority shall have exclusive jurisdiction to issue new
capital projects as determined by the NEDA, the Authority shall be authorized
permit for the use of the lake waters for any projects or activities in or affecting
to receive financial assistance from the government in such amount as may be
the said lake including navigation, construction, and operation of fishpens, fish
necessary to carry out the said projects subject to such terms and condition that
enclosures, fish corrals and the like, and to impose necessary safeguards for
may be imposed by the government, upon recommendation of the NEDA
lake quality control and management and to collect necessary fees for said
Board: Provided, finally, That such amount as may be necessary for the
activities and projects: Provided, That the fees collected for fisheries may be
purpose is hereby authorized to be appropriated out of the funds of the National
shared between the Authority and other government agencies and political sub-
Treasury not otherwise appropriated.
divisions in such proportion as may be determined by the President of the
(g) To make an annual report to the stockholders regarding the operation of Philippine upon recommendation of the Authority's Board: Provided,
the Authority more particularly a statement of its financial conditions, further, That the Authority's Board may determine new areas of fisheries
activities undertaken, progress of projects and programs and plans of actions development or activities which it may place under the supervision of the
for the incoming years: Provided, however, That a majority of the stockholders Bureau of Fisheries and Aquatic taking into account the overall development
may require the Authority to submit report or reports other than the annual plans and programs for Laguna de Bay and related bodies of water: Provided,
report herein required, which report must be submitted within a period of thirty finally, That the Authority shall subject to the approval of the President of the
(30) days from notice thereof; Philippines promulgate such rules and regulations which shall govern fisheries
development activities in Laguna de Bay which shall take into consideration
(h) To lend or facilitate the extension of financial assistance and/or act as
among others the following: socioeconomic amelioration of bonafide resident
surety or guarantor to worthwhile agricultural, industrial and commercial
fisherman whether individually or collectively in the form of cooperatives,
enterprises;
lakeshore town development, a master plan for fishpen construction and
(i) To reclaim or cause to the reclaimed portions of the Lake or undertake operation, communal fishing ground for lakeshore town residents, and
reclamation projects and/or acquire such bodies of land from the lake which preference to lakeshore town residents in hiring laborers for fishery projects.
may be necessary to accomplish the aims and purposes of the Authority subject
(l) To require the cities and municipalities embraced within the region to pass
to the approval of the NEDA Board: Provided, That the land so reclaimed shall
appropriate zoning ordinances and other regulatory measures necessary to
be the property of the Authority and title thereto shall be vested in the
carry out the objectives of the Authority and enforce the same with the
Authority: Provided, further, That the resulting lake shore shall continue to be
assistance of the Authority.
owned by the national government.
(m) The provisions of existing laws to the contrary notwithstanding, to
(j) The provisions of existing laws to the contrary notwithstanding, to engage
exercise water rights over public waters within the Laguna de Bay region
in fish production and other aqua-culture projects in Laguna de Bay and other
whenever necessary to carry out the Authority's projects;
bodies of water within its jurisdiction and in pursuance thereof to conduct
Page 17 of 24

(n) To act in coordination with existing governmental agencies in establishing c) Focus primarily on pollution prevention rather than on control and provide
water quality standards for industrial, agricultural and municipal waste for a comprehensive management program for air pollution;
discharges into the lake and to cooperate with said existing agencies of the
d) Promote public information and education to encourage the participation
government of the Philippines in enforcing such standards, or to separately
of an informed and active public in air quality planning and monitoring; and
pursue enforcement and penalty actions as provided for in Section 4(d) and
Section 39-A of this Act: Provided, That in case of conflict on the appropriate e) Formulate and enforce a system of accountability for short and long-term
water quality standard to be enforced such conflict shall be resolved thru the adverse environmental impact of a project, program or activity. This shall
NEDA Board; include the setting up of a funding or guarantee mechanism for clean-up and
environmental rehabilitation and compensation for personal damages.
(o) To develop water supply from ground and/or lake water resources for
municipal, agricultural and industrial usages, in coordination with the National
Water Resources Council created by Presidential Decree No. 424 dated March
28, 1974 or its successors in interests, and to enter into agreements with RA 9275
municipalities, governmental agencies and corporations and the private sector PHILIPPINE CLEAN WATER ACT OF 2004.
to supply, distribute and market such water;
SEC. 2. Declaration of Policy. - The State shall pursue a policy of economic
(p) Undertake studies on the improvement and maintenance of the desirable growth in a manner consistent with the protection, preservation and revival of
lake water quality of Laguna de Bay, and in pursuance thereof, prepare a water the quality of our fresh, brackish and marine waters. To achieve this end, the
quality management program on a continuing basis, subject to the approval of framework for sustainable development shall be pursued. As such, it shall be
the NEDA, which the Authority shall carry out with the assistance and support the policy of the State:
of all national and local government units involved in water quality
management. a) To streamline processes and procedures in the prevention, control and
abatement of pollution of the country’s water resources;
RA 8749
b) To promote environmental strategies, use of appropriate economic
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION instruments and of control mechanisms for the protection of water resources;
CONTROL POLICY AND FOR OTHER PURPOSES.
c) To formulate a holistic national program of water quality management that
Section 3. Declaration of Policies. - The State shall pursue a policy of recognizes that water quality management issues cannot be separated from
balancing development and environmental protection. To achieve this end, the concerns about water sources and ecological protection, water supply, public
framework for sustainable development shall be pursued. It shall be the policy health and quality of life;
of the State to:
d) To formulate an integrated water quality management framework through
a) Formulate a holistic national program of air pollution management that shall proper delegation and effective coordination of functions and activities;
be implemented by the government through proper delegation and effective
coordination of functions and activities; e) To promote commercial and industrial processes and products that are
environment friendly and energy efficient;
b) Encourage cooperation and self-regulation among citizens and industries
though the application of market-based instruments; f) To encourage cooperation and self-regulation among citizens and industries
through the application of incentives and market-based instruments and to
Page 18 of 24

promote the role of private industrial enterprises in shaping its regulatory


profile within the acceptable boundaries of public health and environment; g)
Section 68. Cutting, gathering and/or collecting timber or other products
To provide for a comprehensive management program for water pollution
without license. Any person who shall cut, gather, collect, or remove timber or
focusing on pollution prevention;
other forest products from any forest land, or timber from alienable and
h) To promote public information and education and to encourage the disposable public lands, or from private lands, without any authority under a
participation of an informed and active public in water quality management license agreement, lease, license or permit, shall be guilty of qualified theft as
and monitoring; defined and punished under Articles 309 and 310 of the Revised Penal Code;
Provided, That in the case of partnership, association or corporation, the
i) To formulate and enforce a system of accountability for short and long-term
officers who ordered the cutting, gathering or collecting shall be liable, and if
adverse environmental impact of a project, program or activity; and
such officers are aliens, they shall, in addition to the penalty, be deported
j) To encourage civil society and other sectors, particularly labor, the academe without further proceedings on the part of the Commission on Immigration and
and business undertaking environment-related activities in their efforts to Deportation.
organize, educate and motivate the people in addressing pertinent
The Court shall further order the confiscation in favor of the government of
environmental issues and problems at the local and national levels.
the timber or forest products to cut, gathered, collected or removed, and the
SEC. 3. Coverage of the Act. – This Act shall apply to water quality machinery, equipment, implements and tools used therein, and the forfeiture
management in all water bodies: Provided, That it shall primarily apply to the of his improvements in the area.
abatement and control of pollution from land based sources: Provided, further,
The same penalty plus cancellation of his license agreement, lease, license or
That the water quality standards and regulations and the civil liability and
permit and perpetual disqualification from acquiring any such privilege shall
penal provisions under this Act shall be enforced irrespective of sources of
be imposed upon any licensee, lessee, or permittee who cuts timber from the
pollution.
licensed or leased area of another, without prejudice to whatever civil action
PD 705 the latter may bring against the offender.

REVISED FORESTRY CODE OF THE PHILIPPINES Section 69. Unlawful occupation or destruction of forest lands. Any person
who enters and occupies or possesses, or makes kaingin for his own private
Section 2. Policies. The State hereby adopts the following policies: use or for others any forest land without authority under a license agreement,
(a) The multiple uses of forest lands shall be oriented to the development and lease, license or permit, or in any manner destroys such forest land or part
progress requirements of the country, the advancement of science and thereof, or causes any damage to the timber stand and other products and forest
technology, and the public welfare; growths found therein, or who assists, aids or abets any other person to do so,
or sets a fire, or negligently permits a fire to be set in any forest land shall,
(b) Land classification and survey shall be systematized and hastened; upon conviction, be fined in an amount of not less than five hundred pesos
(P500.00) nor more than twenty thousand pesos (P20,000.00) and imprisoned
(c) The establishment of wood-processing plants shall be encouraged and
for not less than six (6) months nor more than two (2) years for each such
rationalized; and
offense, and be liable to the payment of ten (10) times the rental fees and other
(d) The protection, development and rehabilitation of forest lands shall be charges which would have been accrued had the occupation and use of the land
emphasized so as to ensure their continuity in productive condition. been authorized under a license agreement, lease, license or permit: Provided,
That in the case of an offender found guilty of making kaingin, the penalty
Page 19 of 24

shall be imprisoned for not less than two (2) nor more than (4) years and a fine same penalty; Provided, Finally, That the Court shall order eviction of the
equal to eight (8) times the regular forest charges due on the forest products offender from the land and the forfeiture in favor of the Government of all
destroyed, without prejudice to the payment of the full cost of restoration of timber or any species of vegetation and other natural resources collected or
the occupied area as determined by the Bureau. removed, and any construction or improvement made thereon by the offender.
If the offender is an association or corporation, the president or manager shall
The Court shall further order the eviction of the offender from the land and the
be directly responsible and liable for the act of his employees or laborers.
forfeiture to the Government of all improvements made and all vehicles,
domestic animals and equipment of any kind used in the commission of the In the event that an official of a city or municipal government is primarily
offense. If not suitable for use by the Bureau, said vehicles shall be sold at responsible for detecting and convicting the violator of the provisions of this
public auction, the proceeds of which shall accrue to the Development Fund Section, fifty per centum (50%) of the fine collected shall accrue to such
of the Bureau. municipality or city for the development of local parks.
In case the offender is a government official or employee, he shall, in addition Section 72. Destruction of wildlife resources. Any person violating the
to the above penalties, be deemed automatically dismissed from office and provisions of Section 55 of this Code, or the regulations promulgated
permanently disqualified from holding any elective or appointive position. thereunder, shall be fined not less than one hundred (P100.00) pesos for each
such violation and in addition shall be denied a permit for a period of three (3)
Section 70. Pasturing Livestock. Imprisonment for not less than six (6) months
years from the date of the violation.
nor more than two (2) years and a fine equal to ten (10) times the regular rentals
due, in addition to the confiscation of such livestock and all improvement Section 73. Survey by unauthorized person. Imprisonment for not less than
introduced in the area in favor of the government, shall be imposed upon any two (2) nor more than four (4) years, in addition to the confiscation of the
person, who shall, without authority under a lease or permit, graze or cause to implements used in the violation of this section including the cancellation of
graze livestock in forest lands, grazing lands and alienable and disposable the license, if any, shall be imposed upon any person who shall, without permit
lands which have not as yet been disposed of in accordance with the Public to survey from the Director, enter any forest lands, whether covered by a
Land Act; Provided, That in case the offender is a corporation, partnership or license agreement, lease, license, or permit, or not, and conduct or undertake
association, the officers and directors thereof shall be liable. a survey for whatever purpose.
Section 71. Illegal occupation of national parks system and recreation areas Section 74. Misclassification and survey by government official or
and vandalism therein. Any person who shall, without permit, occupy for any employee. Any public officer or employee who knowingly surveys, classifies,
length of time any portion of the national parks system or shall, in any manner, or recommends the release of forest lands as alienable and disposable lands
cut, destroy, damage or remove timber or any species of vegetation or forest contrary to the criteria and standards established in this Code, or the rules and
cover and other natural resources found therein, or shall mutilate, deface or regulations promulgated hereunder, shall, after an appropriate administrative
destroy objects of natural beauty or of scenic value within areas in the national proceeding, be dismissed from the service with prejudice to re-employment,
parks system, shall be fined not less than two hundred (P200.00) pesos or more and upon conviction by a court of competent jurisdiction, suffer an
than five hundred (P500.00) pesos exclusive of the value of the thing damaged; imprisonment of not less than one (1) year and a fine of not less than one
Provided, That if the area requires rehabilitation or restoration as determined thousand, (P1,000.00) pesos. The survey, classification or release of forest
by the Director, the offender shall also be required to restore or compensate lands shall be null and void.
for the restoration of the damage; Provided, Further, That any person who,
Section 75. Tax declaration on real property. Imprisonment for a period of
without proper permit shall hunt, capture or kill any kind of bird, fish or wild
not less than two (2) nor more than four (4) years and perpetual disqualification
animal life within any area in the national parks system shall be subject to the
Page 20 of 24

from holding an elective or appointive office, shall be imposed upon any Section 78. Payment, collection and remittance of forest charges. Any person
public officer or employee who shall issue a tax declaration on real property who fails to pay the amount due and payable under the provisions of this Code,
without a certification from the Director of Forest Development and the the National Internal Revenue Code, or the rules and regulations promulgated
Director of Lands or their duly designated representatives that the area thereunder, shall be liable to the payment of a surcharge of twenty-five per
declared for taxation is alienable and disposable lands, unless the property is centum (25%) of the amount due and payable.
titled or has been occupied and possessed by members of the national cultural
Any person who fails or refuses to remit to the proper authorities said forest
minorities prior to July 4, 1955.
charges collectible pursuant to the provisions of this Code or the National
Section 76. Coercion and influence. Any person who coerces, influences, Internal Revenue Code, or who delays, obstructs or prevents the same, or who
abets or persuades the public officer or employee referred to in the two orders, causes or effects the transfer or diversion of the funds for purposes
preceding sections to commit any of the acts mentioned therein shall suffer other than those specified in this Code, for each such offense shall, upon
imprisonment of not less than one (1) year and pay a fine of five hundred conviction, be punished by a fine of not exceeding one hundred thousand pesos
(P500.00) pesos for every hectare or a fraction thereof so improperly surveyed, (P100,000.00) and/or imprisonment for a period of not exceeding six (6) years
classified or released. in the discretion of the Court. If the offender is a government official or
employee, he shall, in addition, be dismissed from the service with prejudice
Section 77. Unlawful possession of implements and devices used by forest
to reinstatement and with disqualification from holding any elective or
officers. Imprisonment for a period of not less than (2) nor more than four (4)
appointive office.
years and a fine of not less than one thousand pesos (P1,000.00), nor more than
ten thousand (P10,000.00) pesos in addition to the confiscation of such If the offender is a corporation, partnership or association, the officers and
implements and devices, and the automatic cancellation of the license directors thereof shall be liable.
agreement, lease, license or permit, if the offender is a holder thereof, shall be
Section 79. Sale of wood products. No person shall sell or offer for sale any
imposed upon any person who shall, without authority from the Director or his
log, lumber, plywood or other manufactured wood products in the international
authorized representative, make, manufacture, or has in his possession any
or domestic market unless he complies with grading rules and established or
government marking, hatchet or other marking implement, or any marker,
to be established by the Government.
poster, or other devices officially used by officers of the Bureau for the
marking or identification of timber or other products, or any duplicate, Failure to adhere to the established grading rules and standards, or any act of
counterfeit, or imitation thereof, or make or apply a government mark on falsification of the volume of logs, lumber, or other forest products shall be a
timber or any other forest products by means of any authentic or counterfeit sufficient cause for the suspension of the export, sawmill, or other license or
device, or alter, deface, or remove government marks or signs, from trees, logs, permit authorizing the manufacture or sale of such products for a period of not
stumps, firewoods or other forest products, or destroy, deface, remove or less than two (2) years.
disfigure any such mark, sign, poster or warning notices set by the Bureau to
designate the boundaries of cutting areas, municipal or city forest or pasture, A duly accredited representative of the Bureau shall certify to the compliance
classified timber land, forest reserve, and areas under the national park system by the licensees with grading rules.
or to make any false mark or imitation of any mark or sign herein indicated; Every dealer in lumber and other building material covered by this Code shall
Provided, That if the offender is a corporation, partnership or association, the issue an invoice for each sale of such material and such invoice shall state that
officers and directors thereof shall be liable. the kind, standard and size of material sold to each purchaser in exactly the
same as described in the invoice. Any violation of this Section shall be
sufficient ground for the suspension of the dealer's license for a period of not
Page 21 of 24

less than two (2) years and, in addition thereto, the dealer shall be punished for appropriate official authorized by law to conduct a preliminary investigation
each such offense by a fine of not less than two hundred pesos (P200.00) or of criminal cases and file an information in Court.
the total value of the invoice, whichever is greater.
RA 7942
Section 80. Arrest; Institution of criminal actions. A forest officer or
PHILIPPINE MINING ACT OF 1995.
employee of the Bureau shall arrest even without warrant any person who has
committed or is committing in his presence any of the offenses defined in this Section 2
Chapter. He shall also seize and confiscate, in favor of the Government, the Declaration of Policy
tools and equipment used in committing the offense, and the forest products
cut, gathered or taken by the offender in the process of committing the offense. All mineral resources in public and private lands within the territory and
The arresting forest officer or employee shall thereafter deliver within six (6) exclusive economic zone of the Republic of the Philippines are owned by the
hours from the time of arrest and seizure, the offender and the confiscated State. It shall be the responsibility of the State to promote their rational
forest products, tools and equipment to, and file the proper complaint with, the exploration, development, utilization and conservation through the combined
appropriate official designated by law to conduct preliminary investigations efforts of government and the private sector in order to enhance national
and file informations in court. growth in a way that effectively safeguards the environment and protect the
rights of affected communities.
If the arrest and seizure are made in the forests, far from the authorities
designated by law to conduct preliminary investigations, the delivery to, and PENAL PROVISIONS
filing of the complaint with, the latter shall be done within a reasonable time
sufficient for ordinary travel from the place of arrest to the place of delivery. Section 101
The seized products, materials and equipment shall be immediately disposed False Statements
of in accordance with forestry administrative orders promulgated by the
Department Head. Any person who knowingly presents any false application, declaration, or
evidence to the Government or publishes or causes to be published any
The Department Head may deputize any member or unit of the Philippine prospectus or other information containing any false statement relating to
Constabulary, police agency, barangay or barrio official, or any qualified mines, mining operations or mineral agreements, financial or technical
person to protect the forest and exercise the power or authority provided for in assistance agreements and permits shall, upon conviction, be penalized by a
the preceding paragraph. fine of not exceeding Ten thousand pesos (P10,000.00).
Reports and complaints regarding the commission of any of the offenses
Section 102
defined in this Chapter, not committed in the presence of any forest officer or Illegal Exploration
employee, or any of the deputized officers or officials, shall immediately be
investigated by the forest officer assigned in the area where the offense was Any person undertaking exploration work without the necessary exploration
allegedly committed, who shall thereupon receive the evidence supporting the permit shall, upon conviction, be penalized by a fine of not exceeding Fifty
report or complaint. thousand pesos (P50,000.00).
If there is prima facie evidence to support the complaint or report, the
investigating forest officer shall file the necessary complaint with the
Page 22 of 24

Section 103 appropriate court, by imprisonment not exceeding a period of five (5) years
Theft of Minerals and shall, in addition, pay compensation for the damages caused thereby.

Any person extracting minerals and disposing the same without a mining Section 107
agreement, lease, permit, license, or steals minerals or ores or the products Illegal Obstruction to Permittees or Contractors
thereof from mines or mills or processing plants shall, upon conviction, be
imprisoned from six (6) months to six (6) years or pay a fine from Ten Any person who, without justifiable cause, prevents or obstructs the holder of
thousand pesos (P10,000.00) to Twenty thousand pesos (P20,000.00) or both, any permit, agreement or lease from undertaking his mining operations shall
at the discretion of the appropriate court. In addition, he shall be liable to pay be punished, upon conviction by the appropriate court, by a fine not
damages and compensation for the minerals removed, extracted, and exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding
disposed of. In the case of associations, partnerships, or corporations, the one (1) year, or both, at the discretion of the court.
president and each of the directors thereof shall be responsible for the acts
committed by such association, corporation, or partnership. Section 108
Violation of the Terms and Conditions of the Environmental
Section 104 Compliance Certificate
Destruction of Mining Structures
Any person who willfully violates or grossly neglects to abide by the terms
Any person who willfully destroys or damages structures in or on the mining and conditions of the environmental compliance certificate issued to said
area or on the mill sites shall, upon conviction, be imprisoned for a period person and which causes environmental damage through pollution shall
not to exceed five (5) years and shall, in addition, pay compensation for the suffer the penalty of imprisonment of six (6) months to six (6) years or a fine
damages which may have been caused thereby. of Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos
(P200,000.00), or both, at the discretion of the court.
Section 105
Mines Arson Section 109
Illegal Obstruction to Government Officials
Any person who willfully sets fire to any mineral stockpile, mine or
workings, fittings or a mine, shall be guilty of arson and shall be punished, Any person who illegally prevents or obstructs the Secretary, the Director or
upon conviction, by the appropriate court in accordance with the provisions any of their representatives in the performance of their duties under the
of the Revised Penal Code and shall, in addition, pay compensation for the provisions of this Act and of the regulations promulgated hereunder shall be
damages caused hereby. punished upon conviction, by the appropriate court, by a fine not exceeding
Five thousand pesos (P5,000.00) or by imprisonment not exceeding one (1)
Section 106 year, or both, at the discretion of the court.
Willful Damage to a Mine
Section 110
Any person who willfully damages a mine, unlawfully causes water to run Other Violations
into a mine, or obstructs any shaft or passage to a mine, or renders useless,
damages or destroys any machine, appliance, apparatus, rope, chain, tackle, Any other violation of this Act and its implementing rules and regulations
or any other things used in a mine, shall be punished, upon conviction, by the shall constitute an offense punishable with a fine not exceeding Five
thousand pesos (P5,000.00).
Page 23 of 24

RA 9072 (d) Call on any local government unit, bureau, agency, state university or
college and other instrumentalities of the government for assistance as the need
AN ACT TO MANAGE AND PROTECT CAVES AND CAVE arises in the discharge of its functions;
RESOURCES AND FOR OTHER PURPOSES
(e) Enter into a memorandum of agreement with any local government unit
SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State to (LGU) for the preservation, development and management of cave or caves
conserve, protect and manage caves and cave resources as part of the country’s located in their respective territorial jurisdiction;
natural wealth. Towards this end, the State shall strengthen cooperation and
exchange of information between governmental authorities and people who (f) Tap the cooperation of people’s and nongovernmental organizations as
utilize caves and cave resources for scientific, educational, recreational, active partners in the conservations and protection of our caves and cave
tourism and other purposes. resources; and

SEC. 5. Powers and Functions of the Department of Environment and Natural (g) Exercise other powers and perform other functions as may be necessary to
Resources (DENR). — In the implementation of this Act, the DENR shall implement the provisions of this Act.
implement this Order and shall exercise the following powers and functions:

(a) Formulate, develop and implement a national program for the management,
protection and conservation of caves and cave resources;

(b) Disseminate information and conduct educational campaign on the need to


conserve, protect and manage our caves and cave resources;

(c) Issue permits for the collection and removal of guano and other cave
resources which shall be determined in coordination with the DOT, National
Museum, concerned LGUs, the scientific community and the academe, with
regard to specific caves taking into consideration bio-diversity as well as the
aesthethic and archaeological value of the cave: Provided, that the permittee
shall be required to post a bond to ensure compliance with the provisions of
any permit: Provided further, that any permit issued under this Section shall
be revoked by the Secretary when the permittee violates any provision of this
Act or fails to comply with any other condition upon which the permit was
issued: Provided furthermore, That the Secretary cannot issue permits for the
removal of stalactites and stalagmites, and when it is established that the
removal of the resources will adversely affect the value of a significant
cave: Provided, finally, That caves located within a protected area shall be
subjected to the provisions of Republic Act No. 7586 or the National
Integrated Protected Area System Act of 1992;
Page 24 of 24

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