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EXECUTIVE ORDER NO. 79

INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE MINING SECTOR
PROVIDING POLICIES AND GUIDELINES TO ENSURE ENVIRONMENTAL PROTECTION AND
RESPONSIBLE MINING IN THE UTILIZATION OF MINERAL RESOURCES
WHEREAS, Section 16, Article II of the 1987 Constitution provides that the State shall protect and
advance the right of the Filipino people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature;
WHEREAS, Section 1, Article XII of the 1987 Constitution seeks a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by
the nation for the benefit of the people; an expanding productivity as the key to raising the quality of life
for all, especially the underprivileged; and that in the pursuit of these goals, all sectors of the economy
and all regions of the country shall be given optimum opportunity to develop;
WHEREAS, Section 2, Article XII of the 1987 Constitution provides that the exploration, development,
and utilization of mineral resources shall be under the full control and supervision of the State;
WHEREAS, further to Section 2, Article XII of the 1987 Constitution, which recognizes the small-scale
utilization of resources by Filipino citizens, small-scale mining shall be recognized as a formal sector of
the industry;
WHEREAS, Section 22, Article II of the 1987 Constitution provides that the State recognizes and
promotes the right of indigenous cultural communities within the framework of national unity and
development, and Republic Act (RA) No. 8371, or the Indigenous Peoples Rights Act (IPRA) of 1997,
recognizes further the indigenous peoples (IPs) right to develop their lands and natural resources within
their ancestral domains, subject to their free, prior, and informed consent (FPIC);
WHEREAS, Section 7, Article X of the Constitution provides that local government units (LGUs) are
entitled to an equitable share in the proceeds of the utilization and development of the national wealth
within their jurisdiction, and the Local Government Code of 1991 provides that LGUs have the duty and
authority to protect and co-manage the environment and enhance the right of the people to a balanced
ecology;
WHEREAS, Section 2 of RA No. 7942, otherwise known as the Philippine Mining Act of 1995, provides
that it shall be the responsibility of the State to promote the rational exploration, development,
utilization, and conservation of the countrys mineral resources through the combined efforts of
government and the private sector in order to enhance national growth in a way that effectively
safeguards the environment and protects the rights of affected communities; and,
SECTION 1. Areas Closed to Mining Applications. Applications for mineral contracts, concessions, and
agreements shall not be allowed in the following:
a) Areas expressly enumerated under Section 19 of RA No. 7942;
b) Protected areas categorized and established under the National Integrated Protected Areas System
(NIPAS) under RA No. 7586;
c) Prime agricultural lands, in addition to lands covered by RA No. 6657, or the Comprehensive Agrarian
Reform Law of 1988, as amended, including plantations and areas devoted to valuable crops, and strategic
agriculture and fisheries development zones and fish refuge and sanctuaries declared as such by the
Secretary of the Department of Agriculture (DA);
d) Tourism development areas, as identified in the National Tourism Development Plan (NTDP); and,
e) Other critical areas, island ecosystems, and impact areas of mining as determined by current and existing
mapping technologies, that the DENR may hereafter identify pursuant to existing laws, rules, and
regulations, such as, but not limited to, the NIPAS Act.

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SECTION 11. Measures to Improve Small-Scale Mining Activities. To improve and address issues on
small-scale mining, the following measures shall be undertaken:
a) Small-scale mining activities shall comply with RA NO. 7076, or the Peoples Small-Scale Mining Act of
1991, and the Environmental Impact Statement System requirements under Presidential Decree (PD) No.
1586;
b) Pursuant to RA No. 7076, small-scale mining operations shall be undertaken only within the declared
Peoples Small-Scale Mining Areas orMinahang Bayan;
c) Pursuant to Section 24 of RA No. 7076, P/CMRBs in provinces and cities where they have not been
constituted shall be operationalized within three (3) months from the effectivity of this Order;
d) Small-scale mining shall not be applicable for metallic minerals except gold, silver, and chromite, as
provided for in RA No. 7076;e) The use of mercury in small-scale mining shall be strictly prohibited; and,
f) Training and capacity building measures in the form of technical assistance for small-scale mining
cooperatives and associations shall be conducted by the concerned government agencies.
SECTION 12. Consistency of Local Ordinances with the Constitution and National Laws/LGU
Cooperation. The Department of the Interior and Local Government (DILG) and the LGUs are hereby
directed to ensure that the exercise of the lattters powers and functions is consistent with and conform
to the regulations, decisions, and policies already promulgated and taken by the National Government
relating to the conservation, management, development, and proper utilization of the States mineral
resources, particularly RA No. 7942 and its implementing rules and regulations, while recognizing the
need for social acceptance of proposed mining projects and activities.
LGUs shall confine themselves only to the imposition of reasonable limitations on mining activities
conducted within their respective territorial jurisdictions that are consistent with national laws and
regulations.
Concerned government agencies, in particular the DENR, the Department of Budget and Management
(DBM), and the Department of Finance (DOF), are hereby directed to ensure the timely release of the
share of LGUs in the National Wealth pursuant to Section 289 of RA No. 7160, or the Local Government
Code of 1991. These agencies are likewise directed to study the possibility of increasing LGUS share as
well as granting them direct access similar to existing arrangements with the Philippine Export Zone
Authority (PEZA).
LGUs, DENR, and the MGB working together shall strictly implement RA No. 7076, to ensure the
protection of the environment, address various issues in small-scale mining, and ensure that violators
thereof are subjected to appropriate administrative and criminal liability.
SECTION 13. Creating a One-stop Shop for all Mining Applications and Procedures. The DENR is
hereby directed to establish an inter-agency one-stop shop for all mining related applications and
processes within six (6) months from the effectivity of this Order. The DENR shall issue authority to
verify mineral deposits only for areas open to mining, as defined in this Order; provided, that no Mineral
Production Sharing Agreement (MPSA), Financial and Technical Assistance Agreement (FTAA), Joint
Venture Agreement (JVA), or Co-Production Agreement (CPA) shall be approved without the FPIC of the
concerned IPs and compliance with the social acceptability requirement of the communities affected. All
concerned government agencies and instrumentalities, including but not limited to the DENR-MGB, NCIP,
DOF, and concerned LGUs are hereby directed to ensure an efficient and effective consolidation of
functions, and to cooperate and render assistance as may be necessary.

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REPUBLIC ACT NO. 9175
November 7, 2002
AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE OF CHAIN
SAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER PURPOSES
Sec. 2. Declaration Policy. It is the policy of the State consistent with the Constitution, to conserve,
develop and protect the forest resources under sustainable management. Toward this end, the State shall
pursue an aggressive forest protection program geared towards eliminating illegal logging and other
forms of forest destruction which are being facilitated with the use of chain saws.
The State shall therefore regulate the ownership, possession, sale, transfer, importation and/or use of
chain saws to prevent them from being used in illegal logging or unauthorized clearing of forests.
Sec. 3. Definition of Terms. - As used in this Act, the term:
(a) "Chain saw" shall refer to any portable power saw or similar cutting implement, rendered operative
by an electric or internal combustion engine or similar means, that may be used for, but is not limited to,
the felling of trees or the cutting of timber;
(b) "Chain saw dealer" shall refer to a person, natural or juridical, engaged in the manufacture,
importation, distribution, purchase and/or sale of chain saws;
(c) "Department" shall refer to the Department of Environment and Natural Resources; and
(d) "Secretary" shall refer to the Secretary of the Department of Environment and Natural Resources.
Sec. 4. Persons Authorized to Manufacturer, Sell and Import Chain Saws. - Chain saws shall only be sold
and/or imported by manufacturers, dealers and/or private owners who are duly authorized by the
Department.
Sec. 5. Persons Authorized to Possess and Use a Chain Saw. - The Department is hereby authorized to issue
permits to possess and/or use a chain saw for the felling land/or cutting of trees, timber and other forest
or agro-forest products to any applicant who:
(a) has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a
private land timber permit;
(b) is an orchard and fruit tree farmer;
(c) is an industrial tree farmer;
(d) is a licensed wood processor and the chain saw shall be used for the cutting of timber that has been
legally sold to said applicant; or
(e) shall use the chain saw for a legal purpose.
Agencies of the government that use chain saws in some aspects of their functions must likewise secure
the necessary permit from the Department before operating the same.
Sec. 6. Registration of Chain Saws. - Within a period of three (3) months from the effectivity hereof, all
persons who own or are otherwise in possession of chain saws must register the same with the
Department, through any of its Community Environment and Natural Resources Office, which shall issue
the corresponding registration certificate or permit if it finds such persons to be qualified hereunder.
Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two (2) years
upon issuance:Provided, That permits to possess and use chainsaw issued to non-commercial orchard
and fruit tree farmers shall be valid for a period of five (5) years upon issuance. For this purpose, the
Department shall be allowed to collect reasonable registration fees for the effective implementation of
this Act.
Sec. 7. Penal Provisions. (a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a Proper
Permit. - Any person who sells, purchases, transfer the ownership, distributes or otherwise disposes or

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possesses a chain 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 to six (6) years or a fine of not less
than Fifteen thousand pesos (P15,000.00) but not more Thirty thousand pesos (30,000.00) or both at the
discretion of the court, and the chain saw/s confiscated in favor of the government.
(2) Unlawful Importation or Manufacturing of Chain Saw. - Any person who imports or manufactures a
chain saw without obtaining prior authorization from the Department shall be punished by
imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than One
thousand pesos (P1,000.00) for more than Four thousand pesos (P4,000.00).
(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 chain saw unit shall be punished by imprisonment of not
less than one (1) month nor more than six (6) months and a fine of not less than One thousand pesos
(P1,000.00) nor more than Four thousand pesos (P4,000.00).
(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 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 thousand pesos (P50,000.00) or
both at the discretion of the court without prejudice to being prosecuted for a separate offense that may
have been simultaneously committed. The chain saw unlawfully used shall be likewise confiscated in
favor of the government.
If the violation under this Sec. is committed by or through the command or order of another person,
partnership or corporation, the penalties herein provided shall likewise be imposed on such other
person, or the responsible officer(s) in such partnership or corporation.
If the offender is a public official or employee, in addition to the above penalties, he shall be removed
from office and perpetually disqualified from holding any public office.
The chain saws confiscated under this Sec. shall be sold at public auction to qualified buyers and the
proceeds thereof shall go to the Department.
Sec. 8. Reward. - Any person who voluntarily gives information leading to the recovery or confiscation of
an unregistered chain saw and the conviction of persons charged thereof shall be entitled to a reward
equivalent to twenty person (20%) of the value of the chain saw unit(s). The Department is authorized to
include in its budget the amount necessary to carry out the purpose of this Sec. .
Sec. 9. Authority of the Secretary. - To effectively implement the provisions of this Act, the Secretary shall
issue the implementing rules and regulations within ninety (90) days upon approval of this Act. He shall
likewise organize an office within the Department to ensure that requirements imposed by this Act may
be complied with by qualified persons, within the shortest possible time, at the least possible expense.
In the Province of Palawan, the provisions of this Act shall be implemented by the Palawan Council for
Sustainable Development pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for
Palawan.
Sec. 10. Revocation of Registration and Permit. - The Secretary may revoke any Certificate of Registration
or permit previously issued to a person found violating the provisions of this Act, or the rules and
regulations issued pursuant thereto.

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REPUBLIC ACT NO. 9168
June 7, 2002
AN ACT TO PROVIDE PROTECTION TO NEW PLANT VARIETIES, ESTABLISHING A NATIONAL PLANT
VARIETY PROTECTION BOARD AND FOR OTHER PURPOSES
Definitions
b) "Board" means the National Plant Variety Protection Board created by this Act. It shall also refer to the
National Seed Industry Council during the transition period from the effectivity of this Act up to the time
the said Board has been organized and operating.
c) "breeder" means:
1. The person who bred, or discovered and developed a new plant variety; or
2. The person who is the employer of the aforementioned person or who has commissioned the work; or
3) The successors-in-interest of the foregoing persons as the case may be; or
4) The holder of the Certificate of Plant Variety Protection.
d) "Certificate of Plant Variety Protection" means the document issued by the Board pursuant to this Act
for the protection of a new plant variety.
f) "Harvested material" means any part of a plant with potential economic value or any product made
directly therefrom in proper case.
m) "Variety" means a plant grouping within a single botanical taxon of the lowest known rank, that
without regard to whether the conditions for plant variety protection are fully met, can be defined by the
expression of the characteristics resulting from a given genotype or combination of genotypes,
distinguished from any other plant groupings by the expression of at least one (1) characteristics, and
considered as a unit with regard to the suitability for being propagated unchanged. A variety may be
represented by seed, transplants, plants, tubers, tissue culture plantlets, and other forms.
Conditions for the Grant of the Plant Variety Protection
Sec. 5. Newness. - A variety shall be deemed new if the propagating or harvested material of the variety
has not been sold, offered for sale or otherwise disposed of to others, by or with the consent of the
breeder, for purposes of exploitation of the variety;
a) In the Philippines for more than one (1) year before the date of filing of an application for plant variety
protection; or
b) In other countries or territories in which the application has been filed, for more than four (4) years or,
in the case of vines or tress, more than six (6) years before the date of filing of an application for Plant
Variety Protection.
However, the requirement of novelty provided for in this Act shall not apply to varieties sold, offered for
sale or disposed of to others for a period of five (5) years before the approval of this Act. Provided, That
application for PVP shall be filed within one (1) year from the approval of this act.
Sec. 6. Distinctness. - A variety shall be deemed distinct if it is clearly distinguishable from any
commonly known variety. The filing of an application for the granting of a plant variety protection or for
the entering of a new variety in an official register of variety in the Philippines or in any country, shall
render the said variety a matter of public knowledge from the date of the said application: Provided, That
the application leads to the granting of a Certificate of Plant Variety Protection or the entering of the said
other variety in the official register of variety as the case may be.
Sec. 7. Uniformity. - The variety shall be deemed uniform if, subject to the variation that may be expected
from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics.

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Sec. 8. Stability. - The variety shall be deemed stable if its relevant characteristics remain unchanged
after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such
cycle.
Variety Denomination
Sec. 9. Variety Denomination. - The variety shall be designated by a denomination which shall be its
generic description. In particular, it must be different from any denomination that designates an existing
variety of the same plant species or closely related species.
Sec. 10. Right of Priority over Denomination. - The use of a denomination shall not be granted to a
breeder if such denomination has already been registered to another breeder or is being used by a third
party in relation to the sale or offering for sale of a particular variety prior to the filing date or priority
date of an application for a Certificate of Plant Variety Protection. In case two (2) or more
breeders/applicants apply for the registration of the same denomination, the breeder/applicant who has
the earliest filing date or priority date shall have the right to register the same to the exclusion of the
other applicant/breeder(s).
Applicants to a Plant Variety Protection
Sec. 17. Entitlement. - Any breeder, with respect to the variety developed, may apply for a plant variety
developed, may apply for a plant variety protection and obtain a Certificate of Plant Variety Protection
upon compliance with the requirements of this Act.
Rights of Holders
Sec. 36. Rights of Holders of Plant Variety Protection. - In respect of the propagating materials, holders
of a Certificate of Plant Variety Protection shall have the right to authorize any of the following acts:
a) Production or reproduction;
b) Conditioning for the purpose of propagation;
c) Offering for sale;
d) Selling or other marketing;
e) Exporting;
f) Importing; and
g) Stocking for any purpose mentioned above.
Sec. 56. Criminal Penalty. - Any person who violates any of the rights of the holder provided for in this
Act may also suffer the penalty of imprisonment and/or a fine of up to three (3) times the profit derived
by virtue of the infringement but in no case should be less thanP100,000.00.

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REPUBLIC ACT NO. 9154 August 11, 2001
AN ACT ESTABLISHING MT. KANLA-ON LOCATED IN THE CITIES OF BAGO, LA CARLOTA, AND SAN
CARLOS AND IN THE MUNICIPALITIES OF LA CASTELLANA AND MURCIA, ALL IN THE PROVINCE OF
NEGROS OCCIDENTAL, AND IN THE CITY OF CANLAON AND MUNICIPALITY OF VALLEHERMOSO,
BOTH IN THE PROVINCE OF NEGROS ORIENTAL, AS A PROTECTED AREA AND A PERIPHERAL AREA
AS BUFFER ZONE PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES
Sec. 2. Statement of Policy. - Considering the diversity of Mt. Kanla-on's biological resources and its
aesthetic, socio-cultural, economic and ecological importance to the Island of Negros, it is hereby
declared the policy of the State to ensure its protection and conservation including its communities of
people and their culture and way of life insofar as they are in harmony with nature. The protection and
conservation of MKNP shall be pursued through sustainable and participatory development, advancing
and protecting the interests of its legitimate inhabitants, and honoring customary laws in accordance
with Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992,
Republic Act No. 8371 or the Indigenous Peoples Rights Act (IPRA) of 1997, and international
conventions to which the Philippines is a signatory.
Sec. 3. Definition of Terms. - The following terms are hereby defined for purposes of this Act:
(a) "Bioprospecting" shall refer to the research, collection, and utilization of biological and genetic
resources for purposes of applying the knowledge derived therefrom for scientific and/or commercial
purposes.
(d) "Exotic Species" shall refer to species or subspecies that do not naturally occur within the
biogeographic region of the MKNP at present or in historical time.
(l) "Protected Species" shall refer to any plant or animal declared protected under Philippine laws. These
shall include all species listed under the Convention of International Trade of Endangered Species
(CITES) and all its Annexes, the Bonn Convention on Migratory Animals, those specified under the redlist
categories of the International Conservation of Nature (UCN), or any plant or animal which the PAMB
may deem necessary for conservation and preservation in the MKNP.
Sec. 4. Declaration and Scope. - Pursuant to and in accordance with the NIPAS Act, Mt. Kanla-on in the
Island of Negros is hereby declared and established as a protected area under the category of a natural
park.
Any geothermal exploration for or development of energy or mineral resources within the MKNP shall
not be allowed except by an Act of Congress. Moreover, permits for geothermal activities shall be
pursuant to relevant forestry and environmental regulations: Provided, That areas within the buffer zone
which shall not be used directly for the development and utilization of geothermal energy shall remain
under the control and jurisdiction of the PAMB.
Sec. 9. Zoning. - Zones shall be established within the MKNP giving primary consideration to its
protection and conservation. Zoning shall also take into account the tenurial and livelihood concerns of
communities to ensure the efficient protection of habitats, fragile ecosystems, and unique areas.
The establishment and management of zones must involve the community concerned by undertaking
such steps as dialogue consultations, and land and resource-use mapping with thee aid of Geographic

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Information System (GIS) and the latest technologies. Zones shall be demarcated on the ground and
indicated on maps with the participation of communities, local government units, and other stockholders.
Sec. 13. Ancestral Lands and Domains. - The rights of ICCs/IPs in the MKNP to their ancestral lands and
domains shall be recognized subject to existing and prior property rights. Traditional property regimes
exercised by ICCs/IPs in accordance with their customary laws shall govern the relationship of all
individuals within their communities with respect to all land and other resources found within their
ancestral lands and domains.
Sec. 14. Tenured Migrants and Transient Farmers. - Tenured migrants are those members of households
that have actually and continuously occupied by MKNP since June 1, 1987 and are solely dependent on
the MKNP for their livelihood. For purposes of official documentation of rights and extent of occupation
within the MKNP, the tenured migrant household shall be issued a tenurial instrument over such areas as
have been occupied or cultivated but not to exceed a maximum of three (3) hectares. If despite
consideration paid to current practices, areas occupied by tenured migrants are designated as zones in
which no occupation or other activities are allowed, provisions for their transfer to multiple-use zones
shall be accomplished using humanitarian considerations.
To effectivity provide a social fence to prevent encroachment into the MKNP, the tenurial instruments to
be issued pursuant to this Act must be community-based, limited solely to multiple-use zones, promote
clustering, and comply with the zoning and Management Plans, as provided herein.
In no case shall the tenurial instruments or the rights and interests therein be transferred, sold, leased,
encumbered, or made as a collateral, security or joint venture capital, otherwise it shall be void: Provided,
That said rights can only be transferred to direct descendants.
Any violation of the terms and conditions of the tenurial instruments or any provision of this Act or
abandonment by a tenured migrant shall constitute sufficient ground for the revocation of his/her
tenurial right.
Upon cancellation of a tenured migrant instrument for cause or by voluntary surrender of rights, the
PASu shall take immediate steps to rehabilitate the area in order to return it to its natural state prior to
the cultivation or other act by the tenured migrant.
Occupants who do not qualify as tenured migrants but have been occupying areas of the park prior to the
enactment of this Act shall be relocated to the multiple-use areas or available alienable and disposable (A
and D) lands of the public domain that are proximal to their original abode. Occupants who shall be
relocated within the multiple-use zones shall quality for usufruct use while those relocated to A and D
areas may apply for ownership titles. Park occupants shall be given priority in the government's
relocation programs.
PROHIBITED ACTS
Sec. 15. Prohibited Acts. - The following shall be the prohibitions and penalties applicable within the
MKNP:
(1) Hunts, collects, destroys, traps, disturbs or possesses anywhere within the MKNP any wild plant or
animal or product derived therefrom without prior PAMB permit.

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(2) Possesses without a permit from PAMB any wild plant or animal or product derived therefrom
outside the MKNP or any zone of MKNP where the specie is not endemic.
(3) Cuts, gathers, collects or removes timber or other forest products as well as undertakes any activity
not compatible with the use of the respective zones within the MKNP without prior PAMB permit:
Provided, That any permit issued shall be valid for only (1) month from the date of issue either to tenured
migrants within sustainable monitored and controlled quotas or for scientific purposes necessary for
protected area management in accordance with existing guidelines, and outside the strict protection
zones.
(4) Establishes or introduces exotic species within the MKNP with allelopathic effect or those detrimental
to endemic species, or without prior PAMB permit.
(5) Engages in kaingin or in any activity that causes forest fire inside the MKNP.

(1) Violates the Management Plan, or any resolution issued by the PAMB.
(2) Vandalizes, mutilates, transports, destroys, excavates, or in any manner intentionally damages any
natural formation or object of natural beauty inside the MKNP, or the burial or religious sites including
artifacts and other objects belonging to ICCs/IPs.
(3) Dumps, burns or otherwise disposes of any substance deleterious to the ecosystem, plants and
animals, or human inhabitants in the protected area or committing the same in buffer and multiple use
areas without appropriate authority or permit.
(4) Uses or possesses a motorized equipment anywhere within the Strict Protection Zone of the MKNP
without a prior permit from the PAMB.
(5) Uses or possesses chainsaws and band saws without prior PAMB permit; Provided, That permits may
only be issued for multiple-use zones.
(6) Grazing or raising of poultry and other livestock for commercial purpose within the MKNP: Provided,
that existing grazing or poultry and other livestock farms within the MKNP shall be phased out within
five (5) years.
(7) Damaging or leaving roads and trails in damaged condition.
(8) Occupies any portion of land inside the MKNP without a prior PAMB permit. Clearing, construction of
residence or any introduction of improvements shall constitute prima facie evidence of occupation or
settlement.
(9) Altering, removing, destroying or defacing boundaries, marks or signs.
(10) Constructs and maintains a building, edifice or any kind of structure or conducts any business
enterprise within the MKNP without prior PAMB permit.
(11) Enters he MKNP without prior PAMB permit for purposes of trekking, mountain climbing, camping,
spelunking, and the like.

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(12) Conducts bioprospecting within the MKNP without prior PAMB permit in violation of existing
guidelines.
(13) Engages in treasure hunting within the MKNP.
(C) A fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred
thousand pesos (P500,000.00) and/or imprisonment of not less than six (6) months but not more than
six (6) years shall be imposed upon any public officer, or officer of law, who, in dereliction of the duties of
his office shall maliciously refrain from instituting prosecution for the punishment of violators of the law,
or shall tolerate the commission of offenses. Conviction of this offense shall also carry the penalty of
perpetual disqualification from public office.
(D) Any provision to the contrary notwithstanding, the commission of any unlawful act enumerated
under Sec. 15(A) herein shall carry the penalty of imprisonment of not less than twelve (12) years and
one (1) day but not more than twenty (20) years and a fine or not less than Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00) in addition to the accessory penalties provided in
the immediately succeeding paragraph, in case the species involved is a protected species as defined
herein. Furthermore any citizen may institute the necessary charge against the offender for commission
of the acts enumerated under Sec. 15(A) involving protected species.
(E) A conviction under this Sec. shall likewise carry the penalty of eviction from the MKNP, payment of
damages for rehabilitation and restoration, and the forfeiture of all equipment, device weapon/s used in
the commission of the offense as well as the protected area resources caught in the possession of the
accused. In case the offender is not a citizen of the Philippines, he/she shall be immediately deported to
his/her country of origin after service of his/her sentence. If the offender is an association or corporation,
the president or manager shall be directly responsible for the act of his/her employees and laborers.
Sec. 16. Special Prosecutors. - Within thirty (30) days from the effectivity of this Act, the Department of
Justice shall designate a special prosecutor to whom all cases of violation of laws, rules and regulations in
the MKNP shall be assigned. Such special prosecutor shall coordinate with the PAMB and the PASu in the
performance of his/her duties and assist in the training of wardens and rangers in arrest and criminal
procedure.
UTILIZATION OF RESOURCES
Sec. 19. Utilization of Resources. - Except for protected species or whenever detrimental to the ecosystem,
use of resources derived from the MKNP by tenured migrants and ICCs/IPs for their domestic needs or
for their subsistence shall not be restricted.
Livelihood activities requiring the use of resources derived from the MKNP shall be allowed only when
sustainable consistent with the Management Plan and only upon prior PAMB approval. Only non-timber
products can be used for livelihood purposes.
No exploration, exploitation or utilization of non-renewable resources within the MKNP for commercial
purposes or by non-tenured migrants or non-ICCs/IPs shall be allowed. Commercial utilization of
resources by tenured migrants and ICCs/IPs shall be allowed only upon prior PAMB approval and in
accordance with the Management Plan.
Commercial exploitation of water resources within the MKNP shall require prior PAMB approval, must be
in accordance with the Management Plan and should undergo the Environmental Impact Statement (EIS)
System.

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REPUBLIC ACT NO. 9147
July 30, 2001
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND
THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Sec. 2. Declaration of Policy. It shall be the policy of the State to conserve the country's wildlife resources
and their habitats for sustainability. In the pursuit of this policy, this Act shall have the following
objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance
biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity.
Sec. 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of
Agriculture. The Department of Environment and Natural Resources (DENR) shall have jurisdiction over
all terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not
limited to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA)
shall have jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not
limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The
secretaries of the DENR and the DA shall review, and by joint administrative order, revise and regularly
update the list of species under their respective jurisdiction. In the Province of Palawan, jurisdiction
herein conferred is vested to the Palawan Council for Sustainable Development pursuant to Republic Act
No. 7611.
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
Sec. 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance with Sec. 6 of this
Act: Provided, That in the collection of wildlife, appropriate and acceptable wildlife collection techniques
with least or no detrimental effects to the existing wildlife populations and their habitats shall, likewise,
be required: Provided, further, That collection of wildlife by indigenous people may be allowed for
traditional use and not primarily for trade: Provided, furthermore, That collection and utilization for said
purpose shall not cover threatened species: Provided, finally, That Sec. 23 of this Act shall govern the
collection of threatened species.
Sec. 8. Possession of Wildlife. - No person or entity shall be allowed possession of wildlife unless such
person or entity can prove financial and technical capability and facility to maintain said
wildlife: Provided,
That the source was not obtained in violation of this Act.
Sec. 9. Collection and/or Possession of By-Products and Derivatives. By-products and derivatives may be
collected and/or possessed: Provided, That the source was not obtained in violation of this Act.

12
Sec. 10. Local Transport of Wildlife, By-Products and Derivatives. - Local transport of wildlife, by-products
and derivatives collected or possessed through any other means shall be authorized unless the same is
prejudicial to the wildlife and public health.
Sec. 11. Exportation and/or Importation of Wildlife. Wildlife species may be exported to or imported from
another country as may be authorized by the Secretary or the designated representative, subject to strict
compliance with the provisions of this Act and rules and regulations promulgated pursuant
thereto: Provided, That the recipient of the wildlife is technically and financially capable to maintain it.
Sec. 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. - The introduction,
reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for population
enhancement of recovery purposes subject to prior clearance from the Secretary of the authorized
representative pursuant to Sec. 6 of this Act. Any proposed introduction shall be subject to a scientific
study which shall focus on the bioecology. The proponent shall also conduct public consultations with
concerned individuals or entities.
Sec. 13. Introduction of Exotic Wildlife. - No exotic species shall be introduced into the country, unless a
clearance from the Secretary or the authorized representative is first obtained. In no case shall exotic
species be introduced into protected areas covered by Republic Act No. 7586 and to critical habitats
under Sec. 25 hereof.
In cases where introduction is allowed, it shall be subject to environmental impact study which shall
focus on the bioecology, socioeconomic and related aspects of the area where the species will be
introduced. The proponent shall also be required to secure the prior informed consent from the local
stakeholders.
Sec. 14. Bioprospecting. - Bioprospecting shall be allowed upon execution of an undertaking by any
proponent, stipulating therein its compliance with and commitment(s) to reasonable terms and
conditions that may be imposed by the Secretary which are necessary to protect biological diversity.
The Secretary or the authorized representative, in consultation with the concerned agencies, before
granting the necessary permit, shall require that prior informed consent be obtained by the applicant
from the concerned indigenous cultural communities, local communities, management board under
Republic Act No. 7586 or private individual or entity. The applicant shall disclose fully the intent and
scope of the bioprospecting activity in a language and process understandable to the community. The
prior informed consent from the indigenous peoples shall be obtained in accordance with existing laws.
The action on the bioprospecting proposal by concerned bodies shall be made within a reasonable
period.
Upon submission of the complete requirements, the Secretary shall act on the research proposal within a
reasonable period.
If the applicant is a foreign entity or individual, a local institution should be actively involved in the
research, collection and, whenever applicable and appropriate in the technological development of the
products derived from the biological and genetic resources.
Sec. 15. Scientific Researches on Wildlife. Collection and utilization of biological resources for scientific
research and not for commercial purposes shall be allowed upon execution of an undertaking/agreement
with and issuance of a gratuitous permit by the Secretary or the authorized representative: Provided,

13
That prior clearance from concerned bodies shall be secured before the issuance of the gratuitous
permit: Provided, further, That the last paragraph of Sec. 14 shall likewise apply.
Sec. 16. Biosafety - All activities dealing on genetic engineering and pathogenic organisms in the
Philippines, as well as activities requiring the importation, introduction, field release and breeding of
organisms that are potentially harmful to man and the environment shall be reviewed in accordance with
the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their
habitats.
Sec. 17. Commercial Breeding or Propagation of Wildlife Resources. - Breeding or propagation of wildlife
for commercial purposes shall be allowed by the Secretary or the authorized representative pursuant to
Sec. 6 through the issuance of wildlife farm culture permit: Provided, That only progenies of wildlife
raised, as well as unproductive parent stock shall be utilized for trade: Provided, further: That commercial
breeding operations for wildlife, whenever appropriate, shall be subject to an environmental impact
study.
Sec. 18. Economically Important Species. The Secretary, within one (1) year after the effectivity of this Act,
shall establish a list of economically-important species. A population assessment of such species shall be
conducted within a reasonable period and shall be regularly reviewed and updated by the Secretary.
The Collection of certain species shall only be allowed when the results of the assessment show that,
despite certain extent of collection, the population of such species can still remain viable and capable of
recovering its numbers. For this purpose, the Secretary shall establish a schedule and volume of
allowable harvests.
Whenever an economically important species become threatened, any form of collection shall be
prohibited except for scientific, educational or breeding/propagation purposes, pursuant to the
provisions of this Act.
Sec. 19. Designation of Management and Scientific Authorities for International Trade in Endangered
Species of Wild Fauna and Flora. For the implementation of International agreement on international
trade in endangered species of wild fauna and fora, the management authorities for terrestrial and
aquatic resources shall be the Protected Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau
of Fisheries and Aquatic Resources (BFAR) of the DA, respectively and that in the Province of Palawan the
implementation hereof is vested to the Palawan Council for Sustainable Development pursuant to
Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scientific authorities for
terrestrial and aquatic/marine species. For the terrestrial species, the scientific authorities shall be the
Ecosystems Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Biological
Sciences and the National Museum and other agencies as may be designated by the Secretary. For the
marine and aquatic species, the scientific authorities shall be the BFAR, the U.P. Marine Science Institute,
U.P. Visayas, Siliman University and the National Museum and other agencies as may be designated by the
Secretary: Provided, That in the case of terrestrial species, the ERDB shall chair the scientific authorities,
and in the case of marine and aquatic species, the U.P. Marine Science Institute shall chair the scientific
authorities.

14
ILLEGAL ACTS
Sec. 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for any
person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the following
acts;
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural
communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and
(v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
(i) transporting of wildlife.

15
REPUBLIC ACT NO. 9072
(National Caves and Cave Resources Management and Protection Act)
AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND FOR OTHER PURPOSES.

Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall be defined as follows:
(a) "Cave" means any naturally occurring void, cavity, recess or system of interconnected passages
beneath the surface of the earth or within a cliff or ledge and which is large enough to permit an
individual to enter, whether or not the entrance, located either in private or public land, is naturally
formed or man made. It shall include any natural pit, sinkhole or other feature which is an extension of
the entrance. The term also includes cave resources therein, but not any vug, mine tunnel, aqueduct or
other manmade excavation.
(b) "Cave resources" includes any material or substance occurring naturally in caves, such as animal
life,plant life, including paleontological and archaeological deposits, cultural artifacts or products of
human activities, sediments, minerals, speleogems and speleothems.
(c) "Secretary" means the Secretary of the Department of Environment and Natural Resources (DENR)
(d) "Speleogem" means relief features on the walls, ceilings and floor of any cave or lava tube which are
part of the surrounding bedrock, including but not limited to anastomoses, scallops, meander niches,
petromorphs and rock pendants in solution caves and similar features unique to volcanic caves.
(e) "Speleothem" means any natural mineral formation or deposit occurring in a cave or lava tube,
including but not limited to any stalactite, stalagmite, helictite, cave flower, flowstone, concretion,
drapery, rimstone or formation of clay or mud.
(f) "Significant Cave" refers to a cave which contains materials or possesses features that have
archaeological, cultural, ecological, historical or scientific value as determined by the DENR in
coordination with the scientific community and the academe.
Sec. 4. Implementing Agency. - The DENR shall be the lead agency tasked to implement the provisions of
this Act in coordination with the Department of Tourism (DOT), the National Museum, the National
Historical Institute and concerned local government units (LGUs) for specific caves, except that in the
Province of Palawan, the Palawan Council for Sustainable Development shall be the lead implementing
agency pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan Act.
Sec. 7. Prohibited Acts. - The following shall be considered Prohibited Acts:
(a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or harming the speleogem or
speleothem of any cave or altering the free movement of any animal or plant life into or out of any cave;
(b) Gathering, collecting, possessing, consuming, selling, bartering or exchanging or offering for sale
without authority any, cave resource; and
(c) Counselling, procuring, soliciting or employing any other person to violate any provisions of this
Section.
Sec. 9. Administrative Confiscation and Conveyance. - The Secretary shall order the confiscation, in favor of
the Government of the cave resources gathered, collected, removed, possessed or sold including the
conveyance and equipment used in violation of Section 7 hereof.

16

17
REPUBLIC ACT NO. 9003
(ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000)
AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTEMANAGEMENT PROGRAM, CREATING THE
NECESSARYINSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED
AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
DEFINITION
q) Leachate shall refer to the liquid produced when waste undergo decomposition, and when water
percolate through solid waste undergoing decomposition. It is contaminated liquid that contains
dissolved and suspended materials;
(t) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or
disposed of without due planning and consideration for environmental and Health standards;
(x) Receptacles shall refer to individual containers used for the source separation and the collection of
recyclable materials;
(z) Recyclable material shall refer to any waste material retrieved from the waste stream and free from
contamination that can still be converted into suitable beneficial use or for other purposes, including, but
not limited to, newspaper, ferrous scrap metal, non-ferrous scrap metal, used oil, corrugated cardboard,
aluminum, glass, office paper, tin cans and other materials as may be determined by the Commission;
(bb) Recycling shall refer to the treating of used or waste materials through a process of making them
suitable for beneficial use and for other purposes, and includes any process by which solid waste
materials are transformed into new products in such a manner that the original product may lose their
identity, and which maybe used as raw materials for the production of other goods or services: Provided,
That the collection, segregation and re-use of previously used packaging material shall be deemed
recycling under this Act;
(ff) Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and maintained in
a manner that exerts engineering control over significant potential environment impacts arising from the
development and operation of the facility;
(kk) Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional
and industrial waste, street sweepings, construction debris, agricultural waste, and other nonhazardous/non-toxic solid waste.
(ll) Solid waste management shall refer to the discipline associated with the control of generation,
storage, collection, transfer and transport, processing, and disposal of solid wastes in a manner that is in
accord with the best principles of public health, economics, engineering, conservation, aesthetics, and
other environmental considerations, and that is also responsive to public attitudes;

(l) Privatization of solid waste management projects - The plan shall likewise indicate specific measures to
promote the participation of the private sector in the management of solid wastes, particularly in the
generation and development of the essential technologies for solid waste management. Specific projects

18
or component activities of the plan which may be offered as private sector investment activity shall be
identified and promoted as such. Appropriate incentives for private sector involvement in solid waste
management shall likewise be established and provided for in the plan, in consonance with Sec. 45 hereof
and other existing laws, policies and regulations; and
Segregation of Wastes
Sec. 21. Mandatory Segregation of Solid Wastes. - The LGUs shall evaluate alternative roles for the public
and private sectors in providing collection services, type of collection system, or combination of systems,
that best meet their needs:Provided, That segregation of wastes shall primarily be conducted at the
source, to include household, institutional, industrial, commercial and agricultural
sources: Provided,further; That wastes shall be segregated into the categories provided in Sec. 22 of this
Act.
Sec. 22. Requirements for the Segregation and Storage of Solid Waste. - The following shall be the
minimum standards and requirements for segregation and storage of solid waste pending collection:
(a) There shall be a separate container for each type of waste from all sources: Provided, That in the case
of bulky waste, it will suffice that the same be collected and placed in a separate designated area; and
(b) The solid waste container depending on its use shall be properly marked or identified for on-site
collection as compostable, non-recyclable, recyclable or special waste, or any other classification
as may be determined by the Commission.
Sec. 40. Criteria for Siting a Sanitary Landfill. - The following shall be the minimum criteria for the siting
of sanitary landfills:
(a) The site selected must be consistent with the overall land use plan of the LGU;
(b) The site must be accessible from major roadways or thoroughfares;
(c) The site should have an adequate quantity of earth cover material that is easily handled and
compacted;
(d) The site must be chosen with regard for the sensitivities of the communitys residents;
(e) The site must be located in an area where the landfills operation will not detrimentally affect
environmentally sensitive resources such as aquifer, groundwater reservoir or watershed area;
(f) The site should be large enough to accommodate the communitys wastes for a period of five (5) years
during which people must internalize the value of environmentally sound and sustainable solid waste
disposal;
(g) The site chosen should facilitate developing a landfill that will satisfy budgetary constraints, including
site development, operation for many years, closure, post-closure care and possible remediation costs;
(h) Operating plans must include provisions for coordinating with recycling and resource recovery
projects; and
(i) Designation of a separate containment area for household hazardous wastes.
PENAL PROVISIONS
Sec. 48. Prohibited Acts. - The following acts are prohibited:
(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals,
esteros or parks, and establishment, or causing or permitting the same;
(2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation
operation and other requirements or permits set forth in established pursuant;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or unsorted wastes;

19
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas;
(7) Unauthorized removal of recyclable material intended for collection by authorized persons;
(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box,
container or receptacle used in solid waste collection or disposal;
(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in
violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally acceptable packaging materials;
(11) Importation of consumer products packaged in non-environmentally acceptable materials;
(12) Importation of toxic wastes misrepresented as recyclable or with recyclable content;
(13) Transport and dumplog in bulk of collected domestic, industrial, commercial, and institutional
wastes in areas other than centers or facilities prescribe under this Act;
(14) Site preparation, construction, expansion or operation of waste management facilities without an
Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act
and not conforming with the land use plan of the LGU;
(15) The construction of any establishment within two hundred (200) meters from open dumps or
controlled dumps, or sanitary landfill; and
(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater
reservoir, or watershed area and or any portions thereof.
If the offense is committed by a corporation, partnership, or other juridical identity duly recognized in
accordance with the law, the chief executive officer, president, general manager, managing partner or
such other officer-in-charge shall be liable for the commission of the offense penalized under this Act.
If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without
further administrative proceedings.
The fines herein prescribed shall be increased by at lest ten (10%) percent every three years to
compensate for inflation and to maintain the deterrent functions of such fines.
Sec. 50. Administrative Sanctions. - Local government officials and officials of government agencies
concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act
shall be charged administratively in accordance with R. A. 7160 and other existing laws, rules and
regulations.

20

21
REPUBLIC ACT NO. 8749
PHILIPPINE CLEAN AIR ACT OF 1999
The State shall protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment to attain sustainable development
while recognizing the primary responsibility of local government units to deal with environmental
problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily
area-based.
The State also recognizes the principle that polluters must pay.
Finally, the State recognizes that a clean and healthy environment is for the good of all and should,
therefore, be the concern of all.
SEC. 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of
citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:
[a] The right to breathe clean air;
[b] The right to utilize and enjoy all natural resources according to the principles of sustainable
development;
[c] The right to participate in the formulation, planning, implementation and monitoring of
environmental policies and programs and in the decision-making process;
[d] The right to participate in the decision-making process concerning development policies, plans
and programs projects or activities that may have adverse impact on the environment and public health;
[e] The right to be informed of the nature and extent of the potential hazard of any activity, undertaking
or project and to be served timely notice of any significant rise in the level of pollution and the
accidental or deliberate
release into the atmosphere of harmful or hazardous substances;
[f] The right of access to public records which a citizen may need to exercise his or her rights effectively
under this Act;
[g] The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to
seek the imposition of penal sanctions against violators of environmental laws; and
[h] The right to bring action in court for compensation of personal damages resulting from the
adverse environmental and public health impact of a project or activity.
Actions
SEC. 40. Administrative Action.- Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own instance or upon verified complaint by any
person, institute administrative proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.
SEC. 41. Citizen Suits.- For purposes of enforcing the provisions of this Act or its implementing rules
and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper
courts.
The court shall exempt such action from the payment of filing fees, except fees for actions not capable
of pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or

22
violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a
preliminary injunction.
SEC. 42. Independence of Action.- The filing of an administrative suit against such person/entity does
not preclude the right of any other person to file any criminal or civil action. Such civil action shall
proceed independently.
SEC. 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act.Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act, or against
any person, institution or government agency that implements this Act, it shall be the duty of the
investigating prosecutor or the court, as the case may be, to immediately make a determination not
exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure
or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon
determination thereof, evidence warranting the same, the court shall dismiss the case and award
attorneys fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their
official capacity, their being no grave abuse of authority, and done in the course of enforcing this Act.
SEC. 44. Lien Upon Personal and Immovable Properties of Violators.- Fines and penalties imposed pursuant
to this Act shall be liens upon personal or immovable properties of the violator. Such lien shall, in case of
insolvency of the respondent violator, enjoy preference to laborers wages under Articles 2241 and 2242
of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.

23
REPUBLIC ACT NO. 8550
AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE
FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR
OTHER PURPOSES.
Application of its Provisions. - The provisions of this Code shall be enforced in:
a. all Philippine waters including other waters over which the Philippines has sovereignty and
jurisdiction, and the country's 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf;
b. all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not
limited to fishponds, fish pens/cages; and
c. all lands devoted to aquaculture, or businesses and activities relating to fishery,
whether private or public lands.
DEFINITIONS:
10. Commercial Fishing - the taking of fishery species by passive or active gear for trade, business or
profit beyond subsistence or sports fishing to be further classified as:
1. Small scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 gross
tons (GT ) up to twenty (20) GT;
2. Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1 GT; up to one
hundred fifty ( 150) GT; and
3. Large scale commercial fishing - fishing utilizing active gears and vessels of more than one hundred
fifty (150) GT.
11. Commercial Scale - a scheme of producing a minimum harvest per hectare per year of milkfish or
other species including those raised in pens, cages, and tanks to be determined by the Department in
consultation with the concerned sectors:
12. Coral - the hard calcareous substance made up of the skeleton of marine coelenterate polyps which
include reefs, shelves and atolls or any of the marine coelenterate animals living in colonies where their
skeletons form a stony mass. 'They include: (a) skeletons of anthozoan coelenterates characterized as
having a rigid axis of compact calcareous or horny spicules, belonging to the genus corallium as
represented by the red, pink, and white corals which are considered precious corals; (b) skeletons of
anthozoan coelenterates characterized by thorny, horny axis such as the antipatharians represented by
the black corals which are considered semi-precious corals; and (c) ordinary corals which are any kind of
corals that are not precious nor semi-precious.
14. Demarcated Areas - boundaries defined by markers and assigned exclusively to specific individuals or
organizations for certain specified and limited uses such as:
a. Aquaculture, sea ranching and sea farming;
b. Fish aggregating devices;
c. Fixed and passive fishing gears; and
d. Fry and fingerlings gathering.
16. Electrofishing - the use of electricity generated by batteries, electric generator and other source of
electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are
subsequently recovered.
17. Endangered, Rare and/or Threatened Species - aquatic plants, animals, including some varieties of
corals and sea shells in danger of extinction as provided for in existing fishery laws, rules and regulations

24
or in the Protected Areas and Wildlife Bureau of the Department of Environment and Natural Resources
(DENR) and in the Convention of the International Trade of Endangered Species of Flora and Fauna
(CITES).
18. Exclusive Economic Zone (EEZ) - an area beyond and adjacent to the territorial sea which shall not
extend beyond 200 nautical miles from the baselines as defined under existing laws.
21. Fine Mesh Net - net with mesh size of less than three centimeters (3 cm.) measured between two (2)
opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government
agency.
23. Fish Cage - refers to an enclosure which is stationary or floating made up of nets or screens sewn or
fastened together and installed in the water with opening at the surface or covered and held in a place by
wooden/bamboo posts or various types of anchors and floats.
24. Fish Corral or "Baklad" - a stationary weir or trap devised to intercept and capture fish consisting of
rows of bamboo stakes, plastic nets and other materials fenced with split bamboo mattings or wire
mattings with one or more enclosures, usually with easy entrance but difficult exit, and with or without
leaders to direct the fish to the catching chambers, purse or bags.
42. Fishing with Explosives -the use of the dynamite, other explosives or other chemical compounds that
contains combustible elements or ingredients which upon ignition by friction, concussion, percussion or
detonation of all or parts of the compound will kill, stupefy, disable or render unconscious any fishery
species. It also refers to the use of any other substance and/or device which causes an explosion that is
capable of producing the said harmful effects on any fishery species and aquatic resources and capable of
damaging and altering the natural habitat.
43. Fishing with Noxious or Poisonous Substances - he use of any substance, plant extracts or juice
thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed
form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any
fishery species and aquatic resources and capable of damaging and altering the natural habitat.
46. Foreshore Land - a string of land margining a body of water: the part of a seashore between the lowwater line usually at the seaward margin of a low tide terraces and the upper limit of wave wash at high
tide usually marked by a beach scarp or berm.
52. Mangroves - a community of intertidal plants including all species of trees shrubs, vines and herbs
found on coasts swamps or border of swamps.
54. Migratory species - refers to any fishery species which in the course of their life could travel from
freshwater to marine water or vice versa, or any marine species which travel over great distances in
waters of the ocean as part of their behavioral adaptation for survival and speciation;
(a) Anadromous species - marine fishes which migrate to freshwater areas to spawn;
(b Catadromous species - freshwater fishes which migrate to marine areas to spawn.
57. Municipal fishing - refers to fishing within municipal waters using fishing vessels of three (3) gross
tons or less, or fishing not requiring the use of fishing vessels.

25
64. Philippine waters - include all bodies of water within the Philippine territory such as lakes, rivers,
streams, creeks, brooks, ponds, swamps,, lagoons, gulfs, bays and seas and other bodies of water now
existing or which may hereafter exist in the provinces, cities, municipalities, and barangays and the
waters around, between and connecting the islands of the archipelago regardless of their breadth and
dimensions, the territorial sea, the sea beds, the insular shelves and all other waters over which the
Philippine bits sovereignty and jurisdiction, including the 200-nautical miles exclusive economic zone
and the continental shelf.
73. Trawl - an active fishing gear consisting of a bag shaped net with or without otter boards to open its
opening which is dragged or towed along the bottom or through the water column to take fishery species
by straining them from the water, including all variations and modifications of trawls (bottom, midwater, and baby trawls) and tow nets.
CHAPTER 11
UTILIZATION, MANAGEMENT, DEVELOPMENT, CONSERVATION AND ALLOCATION SYSTEM OF
FISHERIES AND AQUATIC RESOURCES
Sec. 5. Use of Philippine Waters. - The use and exploitation of the fishery and aquatic
resources in Philippine waters shall be reserved exclusively to Filipinos: Provided, however, That
research and survey activities may be allowed under strict regulations, for purely research, scientific,
technological and educational purposes that would also benefit Filipino citizens.
Sec. 7. Access to Fishery Resources. - The Department shall issue such number of licenses and permits for
the conduct of fishery activities subject to the limits of the MSY of the resource as determined by
scientific studies or best available evidence. Preference shall be given to resource users in the local
communities adjacent or nearest to the municipal waters.
Sec. 8. Catch Ceiling Limitations. - The Secretary may prescribe limitations or quota on the total quantity
of fish captured, for a specified period of time and specified area based on the best available evidence.
Such a catch ceiling may be imposed per species of fish whenever necessary and practicable: Provided,
however, that in municipal waters and fishery management areas, and waters under the jurisdiction of
special agencies, catch ceilings may be established upon the concurrence and approval or
recommendation of such special agency and the concerned LGU in consultation with the FARMC for
conservation or ecological purposes.
Sec. 9. Establishment of Closed Season. - The Secretary may declare,through public notice in at least two
(2) newspapers of general circulation or in public service announcements, whichever is applicable, at
least five (5) days before the declaration, a closed season in any or all Philippine waters outside the
boundary of municipal waters and in bays, for conservation and ecological purposes. The Secretary may
include waters under the jurisdiction of special agencies, municipal waters and bays, and/or other areas
reserved for the use of the municipal fisherfolk in the area to be covered by the closed season: Provided,
however, That this shall be clone only upon the concurrence and approval or recommendation of such
special agency and the concerned LGU and FARMC: Provided, further, That in municipal waters, fishery
management areas and other areas reserved for the use of the municipal fisherfolk, closed season may be
established by the concerned LGU ill consultation with the FARMC for conservation or ecological
purposes. The FARMCs may also recommend the establishment of' closed seasons in municipal waters,
fisheries management and other areas reserved for the use of the municipal fisherfolk

26
Sec. 10. Introduction of Foreign Aquatic Species. - No foreign finfish, mollusk, crustacean or aquatic plants
shall be introduced in Philippine waters without a sound ecological, biological and environmental
justification based on scientific studies subject to the bio-safety standard as provided for by existing laws
Provided, however, That the Department may approve the introduction of foreign aquatic species for
scientific/research purposes
Sec. 11. Protection of Rare, Threatened and Endangered Species. - The Department shall declare closed
seasons and take conservation and rehabilitation measures for rare, threatened and endangered species,
as it may determine, and shall ban the fishing and/or taking of rare, threatened and/or endangered
species, including their eggs/offspring as identified by existing laws in concurrence with concerned
government agencies.
Sec. 12. Environmental Impact Statement (EIS). - All government agencies as well as private corporations,
firms and entities who intend to undertake activities or projects which will affect {he quality of the
environment shall be required to prepare a detailed Environmental Impact Statement (EIS) prior to
undertaking such development activity. I he preparation of the EIS shall form an integral part Or the
entire planning process pursuant to the provisions of P.D. No. 1586 as well as its implementing rules and
regulations.
Sec. 13. Environmental Compliance Certificate (ECC). -All Environmental Impact Statements (EIS) shall be
submitted to the Department of Environment and Natural Resources (DENR) for review and evaluation.
No person, natural or judicial, shall undertake any development project without first securing an
Environmental Compliance Certificate (ECC) from the Secretary of the DENR.
MUNICIPAL FISHERIES
Sec. 17. Grant of fishing privileges in municipal waters. - The duly registered fisherfolk
organization/cooperatives shall have preferences in the grant of fishery rights by the Municipal/City
Council pursuant to Section 149 of the Local Government Code: Provided, that the in the area where there
are special agencies or offices vested with jurisdiction over municipal water by virtue of special law
creating these agencies such as, but not limited to the Laguna Lake Development Authority and the
Palawan Council for Sustainable Development, said offices and agencies shall continue to grant permits
for proper management and implementation of the aforementioned structures.
Sec. 18. Users of Municipal Waters. - All fishery related activities in municipal waters, as defined in this
Code, shall be utilized by municipal fisherfolk and their cooperatives/organizations who are listed as
such in the registry of municipal fisherfolk.
The municipal or city government, however, may, through its local chief executive and acting pursuant to
an appropriate ordinance, authorize or permit shall and medium commercial fishing vessels to operate
within the then point one (10.1) to fifteen (15) kilometer area from the shoreline in municipal waters as
defined herein, provided, that all the following are met:
a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by
the appropriate agency;
b. fishing activities utilizing methods and gears that are determined to be consistent with national
polices set by the Department.
c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and
d. the applicant vessel as well as the ship owner, employer, captain and crew have been certified by
the appropriate agency as not having violated this Code, environmental laws and related laws.

27
Sec. 21. Priority of Resident Municipal Fisherfolk. - Resident municipal fisherfolk of the municipality
concerned and their organizations/cooperatives shall have priority to exploit municipal and demarcated
fishery areas of the said municipality.
Sec. 22. Demarcated Fishery Right. - The LGU concerned shall grant demarcated fishery rights to fishery
organizations/cooperatives for mariculture operation in specific areas identified by the Department.
Sec. 23. Limited Entry Into Overfished Areas. - Whenever it is determined by the LGUs and the Department
that a municipal water is overfished based on available data or information or in danger of being
overfished, and that there is a need to regenerate the fishery resources in that water, the LGU shall
prohibit or limit fishery activities in the said waters.
Sec. 24. Support to Municipal Fisherfolk. - The Department and the LGUs shall provide support to
municipal fisherfolk through appropriate technology and research, credit, production and marketing
assistance and other services such as, but not limited to training for additional/supplementary livelihood.
Sec. 25. Rights and Privileges of Fishworkers. - The fishworkers shall be entitled to the privileges accorded
to other workers under the Labor Code, Social Security System and other benefits under other laws or
social legislation for workers: Provided, That fishworkers on board any fishing vessels engaged in fishing
operations are hereby covered by the Philippine Labor Code, as amended.
COMMERCIAL FISHERIES
Sec. 26. Commercial Fishing Vessel License and Other Licenses. - No person shall operate a commercial
fishing vessel, pearl fishing vessel or fishing vessel for scientific, research or educational purposes, or
engage in any fishery activity, or seek employment as a fishworker or pearl diver without first securing a
license from the Department, the period of which shall be prescribed by the Department: Provided, That
no such license shall be required of a fishing vessel engaged in scientific, research or educational
purposes within Philippine waters pursuant to an international agreement of which the Philippines is a
signatory and which agreement defines the status, privileges and obligations of said vessel and its crew
and the non-Filipino officials, of the international agency under which said vessel operates; Provided,
further, that members of the crew of a fishing vessel used for commercial fishing except the duly licensed
and/or authorized patrons, marine engineers, radio operators and cooks shall be considered as
fisherfolk: Provided, furthermore, That all skippers/master fishers shall be required to undertake an
orientation training on detection of fish caught by illegal means before they can be issued their
fishworker licenses: Provided, |finally, That the large commercial fishing vessel license herein authorized
to he granted shall allow the licensee to operate only in Philippine waters seven (7) or more fathoms
deep, the depth to be certified by the NAMRIA, and subject to the conditions that may be stated therein
and the rules and regulations that may be promulgated by the Department.
Sec. 27. Persons Qualified for Commercial Fishing Vessel License. - No commercial fishing vessel license
shall be issued except to citizens of the Philippines partnerships or to associations, cooperatives or
corporations duly registered in the Philippines at least sixty percent (60%) of the capital stock of which is
owned by Filipino Citizens. No person to whom a license has been issued shall sell, transfer or assign,
directly or indirectly his stock or interest therein to any person not qualified to hold a license. Any such
transfer, sale or assignment shall be null and void and shall not be registered in the hooks of' the
association, cooperative or corporation.
For purposes of commercial fishing, fishing vessels owned by citizens of the Philippines, partnerships,
corporations, cooperatives or associations qualified under this section shall secure Certificates of
Philippines Registry and such other documents as arc necessary for fishing operations from the
concerned agencies Provided, 'that the commercial fishing vessel license shall be valid for a period to be
determined by the Department

28
Sec. 28. Commercial Fishing Vessels Registration. - The registration, documentation, inspection and
manning of the operation of all types of fishing vessels plying Philippines waters shall be in accordance
with existing laws, rules and regulations.
Sec. 29. Registration and licensing of Fishing Gears Used in Commercial Fishing. - Before a commercial
fishing vessel holding a commercial fishing vessel license may begin fishing operations in Philippine
waters, the fishing gear it will utilize in fishing shall be registered and a license granted therefore. The
Department shall promulgate guidelines to implement this provision within sixty (60) days from
approval of this Code.
Sec. 32. Fishing by Philippine Commercial Fishing Fleet in International Waters. - Fishing vessels of
Philippines registry may operate in international waters or waters of other countries which allow such
fishing operations:Provided, that they comply with the safety, manning and other requirements of the
Philippine Coast Guard, Maritime Industry Authority and other agencies concerned: Provided,
however, That they secure an international fishing permit and certificate of clearance from the
Department: Provided, further That the fish caught by such vessels shall be considered as caught in
Philippine waters and therefore not subject to all import duties and taxes only when the same is landed
in duly designated fish landings and fish ports in the Philippines: Provided, furthermore, That landing
ports established by canneries, seafood processors and all fish landing sites established prior to the
effectivity of this Code shall he considered authorized landing sites:Provided, Finally, that fishworkers on
board Philippine registered fishing vessels conducting fishing activities beyond the Philippine Exclusive
Economic Zone are not considered as overseas Filipino workers.
AQUACULTURE
Sec. 45. Disposition of Public Lands for Fishery Purposes. - Public lands such us tidal swamps, mangroves,
marshes, foreshore lands and ponds suitable for fishery operations shall not be disposed or alienated.
Upon effectivity of this Code, FLA may be issued for public lands that may be declared available for
fishpond development primarily to qualified fisherfolk cooperatives/associations: Provided, however,
That upon the expiration of existing FLAs the current lessees shall be given priority and be entitled to an
extension of twenty-five (25) years in the utilization of their respective leased areas. thereafter, such
FLAs shall be granted to any Filipino citizen with preference, primarily to qualified fisherfolk
cooperatives/associations as well as small and medium enterprises as defined under RA 8289 provide
further that, the Department shall declare as reservation, portions of available public lands certified as
suitable for fishpond purposes for fish sanctuary, conservation, and ecological purposes: Provided,
finally, That two (2) years .after the approval of this Act, no fish pens or fish cages or fish traps shall be
allowed in lakes.
Sec. 51. License to Operate Fish Pens, Fish Gages, Fish Traps and Other Structures for the Culture of Fish and
Other Fishery Products. - Fish pens, fish capes, fish traps and other structures for the culture of fish and
other fishery products shall be constructed and shall operate only within established zones duly
designated by LGUs in consultation with the
FARMC concerned consistent with national fisheries policies after the corresponding licenses thereof
have been secured. The area to be utilized for this purpose pose for individual person shall he
determined by the LGUs in consultation with the concerned FARMC:Provided, however, that not over ten
percent (10%) of the suitable water surface; area of all lakes and rivers shall be allotted for aquaculture
purposes like fish pens, fish cages and fish traps; and the stocking density and feeding requirement which
shall he controlled and determined by its carrying capacity: Provided, further, that fish pens and fish
cages located outside municipal waters shall he constructed and operated only within fish pen and fish

29
cage belts designated by the Department and after corresponding licenses therefore have been secured
and the fees thereof paid.
Sec. 52. Pearl Farm Leases. - The foregoing provisions notwithstanding, existing pearl farm leases shall he
respected and allowed to operate under the terms thereof. New leases may be granted to qualified
persons who possess the necessary capital and technology, by the LGUs having jurisdiction over the area.
Sec. 53. Grant of Privileges Operations of Fish Pens, Cages, Corrals/traps and Similar Structures. - No new
concessions, licenses, permits, leases and similar privileges for the establishment or operation of fish
peas, fish cages, fish corrals/traps and other similar structures in municipal areas shall be granted except
to municipal fisherfolks and their organizations.
Sec. 54. Insurance for Fishponds, Fish Cages and Fish Pens. - Inland fishponds, fish cages and fish pens shall
be covered under the insurance program of the Philippines Crop insurance Corporations for losses
caused by force majeure and fortuitous events.
Sec. 55. Non Obstruction to Navigation. - Nothing in the foregoing sections shall be construed as
permitting the lessee, licensee, or permittee to undertake any construction which will obstruct the free
navigations in any stream, river, lakes, or bays following through or adjoining the fish pens, fish cages,
fish traps and fishponds, or impede the flow of the tide to and from the area. Any construction made in
violation hereof shall be removed Upon the order of the Department in coordination with the other
government agencies concerned at the expense of the lessee, licensee, or occupants hereof whenever
applicable. The Department shall within thirty (30) days after the effectivity of this Code formulate and
implement rules and regulations for the immediate dismantling of existing obstruction to navigation
Sec. 56. Non-Obstruction to Defined Migration Paths. - Nothing in the foregoing sections shall be construed
as permitting the lessee, permittee or licensee to undertake any construction which will obstruct any
defined migration path of migratory fish species such as river mouths and estuaries within a Distance
determined by the concerned LGUs in consultation with and upon the recommendation of the FARMCs
Sec. 57. Registration of Fish/Hatcheries and Private Fishponds, etc. - All fish hatcheries, fish breeding
facilities and private fishponds must he registered with the LGUs which shall prescribe minimum
standards for such facilities in consultation with the Department Provided, 'That the Department shall
conduct a yearly inventory of all fishponds fish pens and fish cages whether in public or private
lands: Provided , further, That all fishpond, fish pen and fish cage operators shall annually report to the
Department the type of species and volume of production in areas devoted to aquaculture.
aries by the LGUs in consultation with the concerned FARMCs.
PROHIBITIONS AND PENALTIES
Sec. 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities.. - No person shall
exploit, occupy, produce, breed, culture, capture or gather fish, fry or fingerlings of any fishery species or
fishery products, or engage in any fishery activity in Philippine waters without a license, lease or permit.
Discovery of any person in an area where he has no permit or registration papers for a fishing vessel shall
constitute a prima facie presumption that the person and/or vessel is engaged in unauthorized
fishing:Provided, That fishing for daily food sustenance or for leisure which is not for commercial,
occupation or livelihood purposes may be allowed.
It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery
management areas which may herein-after be declared as over exploited
Any commercial fishing boat captain or the three (3) highest officers of the 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

30
thousand pesos (P10,000.00) whichever is higher, and imprisonment of six (6) months, confiscation of
catch and fishing gears, and automatic revocation of license.
It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any
commercial fishing activity in municipal waters. Any municipal fisherfolk who commits such violation
shall be punished by confiscation of catch and a fine of Five hundred pesos (P5,000.00).
Sec. 87. Poaching in Philippine Waters. - It shall be unlawful for any foreign person, corporation or entity
to fish or operate any fishing vessel in Philippine waters.
The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that
the vessel is engaged in fishing in Philippine waters.
Sec. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity. - (1) It shall be
unlawful for any person to catch, take or gather or cause to be caught, taken or gathered, fish or any
fishery species in Philippine waters with the use of electricity, explosives, noxious or poisonous
substance such as sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable or
render unconscious fish or fishery species: Provided, That the Department, subject to safeguards and
conditions deemed necessary and endorsement from the concerned LGUs, may allow, for research,
educational or scientific purposes only, the use of electricity, poisonous or noxious substances to catch,
take or gather fish or fishery species: Provided, further,That the use of poisonous or noxious substances to
eradicate predators in fishponds in accordance with accepted scientific practices and without causing
adverse environmental impact in neighboring waters and grounds shall not be construed as illegal
fishing.
It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in any manner
dispose of, any fish or fishery species which have been illegally caught, taken or gathered.
The discovery of dynamite, other explosives and chemical compounds which contain combustible
elements, or noxious or poisonous substances, or equipment or device for electro-fishing in any fishing
vessel or in the possession of any fisherfolk, operator, fishing boat official or fishworker shall constitute
prima facie evidence, that the same was used for fishing in violation of this Code. The discovery in any
fishing vessel of fish caught or killed with the use of explosive, noxious or poisonous substances or by
electricity shall constitute prima facie evidence that the fisherfolk, operator, boat official or fishworker is
fishing with the use thereof.
(2) Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal
fishing shall be punishable by imprisonment ranging from six (6) months to two (2) years.
(3) Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing
shall be punishable by imprisonment ranging from five (5) years to ten (10) years without prejudice to
the filing of separate criminal cases when the use of the same result to physical injury or loss of human
life.
(4) Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species
shall be punished by imprisonment ranging from six (6) months to two (2) years.
(5) In all cases enumerated above, the explosives, noxious or poisonous substances and/or electrical
devices, as well as the fishing vessels, fishing equipment and catch shall be forfeited.
Sec. 89. Use of Fine Mesh Net. - It shall be unlawful to engage in fishing using nets with mesh smaller than
that with which may be fixed by the Department: Provided,That the prohibition on the use of fine mesh
net shall not apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such species which
by their nature are small but already mature to be identified in the implementing rules and regulations
by the Department.
Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to
Twenty thousand pesos (P20,000.00) or imprisonment form six (6) months to tow (2) years or both such
fine and imprisonment at the discretion of the court: Provided,That the owner/operator of the

31
commercial fishing vessel who violates this provisions shall be subjected to the same penalties provided
herein: Provided, finally,That the Department is hereby empowered to impose upon the offender an
administrative fine and/or cancel his permit or license or both.
Sec. 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas. - It shall
be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management
areas using active fishing gears as defined in this Code.
Violators of the above prohibitions shall suffer the following penalties:
(1) The boat captain and master fisherman of the vessels who participated in the violation shall suffer the
penalty of imprisonment from two (2) years to six (6) years;
(2) The owner/operator of the vessel shall be fined from Two thousand pesos (P2,000.00) to Twenty
thousand pesos (P20,000.00) upon the discretion of the court.
Sec. 91. Ban on Coral Exploitation and Exportation. - It shall be unlawful for any person or corporation to
gather, possess, sell or export ordinary precious and semi-precious corals, whether raw or in processed
form, except for scientific or research purposes.
The confiscated corals shall either be returned to the sea or donated to schools and museums for
educational or scientific purposes or disposed through other means.
Sec. 92. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. - It
shall be unlawful for any person, natural or juridical, to fish with gear method that destroy coral reefs,
seagrass beds, and other fishery marine life habitat as may be determined by the Department. "MuroAmi" and any of its variation, and such similar gear and methods that require diving, other physical or
mechanical acts to pound the coral reefs and other habitat to entrap, gather or catch fish and other
fishery species are also prohibited.
Sec. 93. Illegal Use of Superlights. - It shall be unlawful to engage in fishing with the use of superlights in
municipal waters or in violation of the 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 form six (6) months to two (2) years or a
fine of Five thousand pesos (P5,000.00) per superlight, or both such fine and imprisonment at the
discretion of the courts. The superlight, fishing gears and vessel shall be confiscated.
Sec. 94. Conversion of Mangroves. - It shall be unlawful for any person to convert mangroves into
fishponds or for any other purposes.
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 thousand pesos (P80,000.00): Provided, That if the area
requires rehabilitation or restoration as determined by the court, the offender should also be required to
restore or compensate for the restoration of the damage.
Sec. 95. Fishing in Overfished Area and During Closed Season. - It shall be unlawful to fish in overfished
area and during closed season
Violation of the provision of this section shall be published by imprisonment of six (6) moths 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 permit or license.
Sec. 96. Fishing in Fishery Reserves, Refuge and Sanctuaries. - It shall be unlawful to fish in fishery areas
declared by the Department as fishery reserves, refuge and sanctuaries.

32
Violation of the provision of the is section shall be punished by imprisonment of two (2) years to six (6)
years and/or fine of Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) and by
forfeiture of the catch and the cancellation of fishing permit or license.
Sec. 97. Fishing or Taking of Rare, Threatened or Endangered Species. - It shall be unlawful to fish or take
rare, threatened or endangered species as listed in the CITES and as determined by the Department.
Violation of the provision of this section shall be published by imprisonment of twelve (12) years to
twenty (20) years and/or a fine of One hundred and twenty thousand pesos (120,000.00) and forfeiture
of the catch, and the cancellation of fishing permit.
Sec. 98. Capture of Sabalo and Other Breeders/Spawners. - It shall be unlawful for any person to catch,
gather, capture or possess mature milkfish or "sabalo" and such other breeders or spawners of other
fishery species as may be determined by the Department: Provided, That catching of sabalo and other
breeders/spawners for local breeding purposes or scientific or research purposes may be allowed
subject to guidelines to be promulgated by the Department.
Sec. 99. Exportation of Breeders, Spawners, Eggs or Fry.- Exportation of breeders, spawners, eggs or fry as
prohibited in this Code shall be punished 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 export
license/permit.
Sec. 100. Importation or Exportation of Fish or Fishery Species.. - Any importation or exportation of fish or
fisheries species in violation of this Code shall be punished by eight years of imprisonment, a fine of
Eighty Thousand Pesos (80,000.00) and destruction of live fishery species or forfeiture of non-lived
fishery species in favor of the department for its proper disposition: Provided, That violator of hits
provision shall be banned from being members or stock holders of companies currently engaged in
fisheries or companies to be created in the future, the guidelines for which shall be promulgated by the
Department.
Sec. 101. Violation of Catch Ceilings. - It shall be unlawful for any person to fish in violation of catch
ceilings as determined by the Department. Violation of the provision of this section shall be punished by
imprisonment of six (6) months and one (1) day to 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
revocation of license.
Sec. 102. Aquatic Pollution. - Aquatic pollution, as defined in this Code shall be unlawful.
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 thousand pesos (80,000.00) plus an additional fine of
Eight thousand pesos (8,000.00) per day until such violation ceases and the fines paid.
Sec. 103. Other violations. - The following fisheries activities shall also be considered as a violation of this
Code:
a. Failure to Comply with Minimum Safety Standards. 0 The owner and captain of a commercial fishing
vessel engaged in fishing who, upon demand by proper authorities, fails to exhibit or show proof of
compliance with the safety standards provided in this Code, shall be immediately prevented from
continuing with his fishing activity and escorted to the nearest port or landing point. The license to
operate the commercial fishing vessel shall be suspended until the safety standard has been complied
with.
b. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages. - The FLA of the holder
who fails to render a yearly report shall be immediately canceled: Provided, That if the offender be the
owner of the fishpond, fish pen or fish cage, he shall be subjected to the following penalties: (1) fist
offense, a fine of Five hundred pesos (P500.00) per unreported hectare; (2) subsequent offenses, a fine of
One thousand pesos (P1,000.00) per unreported hectare.

33
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 fish which is sexually mature or below the minimum size or
above the maximum quantities prescribed for the particular species.
d. Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay. - It shall be unlawful
for any person who causes obstruction to navigation or flow or ebb of tide.
e. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages. - It shall be unlawful to
construct and operate fish corrals/traps, fish pens, and fish cages without a license/permit.
Subject to the provision of subparagraph (b) of this section, violation of the above enumerated prohibited
acts shall subject the offender to a fine ranging from Two thousand pesos (P2,000.00) to Ten thousand
pesos (P10,000.00) or imprisonment from one (1) month and one (1) day to six (6) months, or both such
fine and imprisonment, upon the discretion of the Court: Provided, That the Secretary is hereby
empowered to impose upon the offender an administrative fine of not more than Ten thousand pesos
(P10,000.00) or to cancel his permit or license, or to impose such fine and to cancel his permit or license,
in the discretion of the Secretary:Provided further , That the Secretary, or his duly authorized
representative, and law enforcement agents are hereby empowered to impound with the assistance of
the Philippine Coast Guard, PNP-Maritime Command:Provided, finally , That any person who unlawfully
obstructs or delays the inspection and/or movement of fish and fishery/aquatic products when such
inspection and/or movement is authorized under this Code, shall be subject to a fine of not more than
Ten thousand pesos (P10,000.00) or imprisonment of not more than two (2) years, or both such fine and
imprisonment,
upon
the
discretion
of
the
Court.
Every penalty imposed for the commission of an offense shall carry with it the forfeiture of the proceeds
of such offense and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government,
unless they be the property of a third person not liable for the offense, but those articles which are not
subject of lawful commerce shall be destroyed.
SEC 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew. The owner/operator of a commercial fishing vessel employing unlicensed fisherfolk or fishworker shall
be fined Five hundred pesos (P500.00) each for every month that the same has been employed and/or
One thousand pesos (P1,000.00) for every month for each unlicensed crew member who has been
employed.
SEC 105. Obstruction of Defined Migration Paths. - Obstruction of any defined migration paths of
anadromous, catadromous and other migratory species, in areas including, but not limited to river
mouths and estuaries within 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 thousand pesos (P50,000.00) to
One hundred thousand pesos (P100,000.00) or both imprisonment and fine at the discretion of the court,
and cancellation of permit/license, if any, and dismantling of obstruction shall be at his own expense and
confiscation of same.
SEC 106. Obstruction to Fishery Law Enforcement Officer. -- The boat owner, master or operator or any
person acting on his behalf of any fishing vessel who evades, obstructs or hinders any fishery law
enforcement officer of the Department to perform his duty, shall be fined ten thousand pesos
(P10,000.00). In addition, the registration, permit and/or license of the vessel including the license of the
master fisherman shall be canceled.
SEC 107. Promulgation of Administrative Orders. - For purposes of fishery regulation or other fishery
adjustments, the Department in consultation with the LGUs and local FARMCs, shall issue Fishery
Administrative Orders or regulations for the conservation, preservation, management and sustainable
development of fishery and aquatic resources.

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35
REPUBLIC ACT NO. 8485
AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES, OTHERWISE KNOWN AS "THE
ANIMAL WELFARE ACT OF 1998".
Section 1. It is the purpose of this Act to protect and promote the welfare of all animals in the Philippines
by supervising and regulating the establishment and operations of all facilities utilized for breeding,
maintaining, keeping, treating or training of all animals either as objects of trade or as household pets.
For purposes of this Act, pet animal shall include birds.
Sec. 6. It shall be unlawful for any person to torture any animal, to neglect to provide adequate care,
sustenance or shelter, or maltreat any animal or to subject any dog or horse to dogfights or horsefights,
kill or cause or procure to be tortured or deprived of adequate care, sustenance or shelter, or maltreat or
use the same in research or experiments not expressly authorized by the Committee on Animal Welfare.
The killing of any animal other than cattle pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and
crocodiles is likewise hereby declared unlawful except in the following instances:
(1) When it is done as part of the religious rituals of an established religion or sect or a ritual required by
tribal or ethnic custom of indigenous cultural communities; however, leaders shall keep records in
cooperation with the Committee on Animal Welfare;
(2) When the pet animal is afflicted with an incurable communicable disease as determined and certified
by a duly licensed veterinarian;
(3) When the killing is deemed necessary to put an end to the misery suffered by the animal as
determined and certified by a duly licensed veterinarian;
(4) When it is done to prevent an imminent danger to the life or limb of a human being;
(5) When done for the purpose of animal population control;
(6) When the animal is killed after it has been used in authorized research or experiments; and
(7) Any other ground analogous to the foregoing as determined and certified licensed veterinarian.
In all the above mentioned cases, including those of cattle, pigs, goats, sheep, poultry, rabbits, carabaos,
horses, deer and crocodiles the killing of the animals shall be done through humane procedures at all
times.
For this purpose, humane procedures shall mean the use of the most scientific methods available as may
be determined and approved by the committee.
Only those procedures approved by the Committee shall be used in the killing of animals.
Sec. 7. It shall be the duty of every person to protect the natural habitat of the wildlife. The destruction of
said habitat shall be considered as a form of cruelty to animals and its preservation is a way of protecting
the animals.
Sec. 8. Any person who violates any of the provisions of this Act shall, upon conviction by final judgment,
be punished by imprisonment or a fine or both at the discretion of the Court. If the violation is committed
by a juridical person, the officer responsible therefor shall serve the imprisonment when imposed. If the
violation is committed by an alien, he or she shall be immediately deported after service of sentence
without any further proceedings.

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37
REPUBLIC ACT NO. 8435
AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997
Toward this end,the State shall unsure the development of the agriculture and fisheries sectors in
accordance with the following principles:
a) Poverty Alleviation and Social Equity. - The State shall ensure that the poorer sectors of society
have equitable access to resources, income opportunities, basic and support services and
infrastructure especially in areas where productivity is low as a means of improving their quality
of life compared with other sectors of society;
b) Food Security. - The State shall assure the availability, adequacy, accessibility of food supplies to
all at all times;
c) Rational Use of Resources. - The State shall adopt a rational approach in the allocation of public
investments in agriculture and fisheries in order to assure efficiency and effectiveness in the use
of scarce resources and thus obtain optimal returns on its investments;
d) Global Competitiveness. - The State shall enhance the competitiveness of the agriculture and
fisheries sectors in both domestic and foreign markets;
e) Sustainable Development. - The State shall promote development that is compatible with the
preservation of the ecosystem in areas where agriculture and fisheries activities are carried out.
The State should exert care and judicious use of the country's natural resources in order to attain
long-term sustainability;
f) People Empowerment. - The State shall promote people empowerment by enabling all citizens
through direct participation or through their duly elected, chosen or designated representatives
the opportunity to participate in policy formulation and decision-making by establishing the
appropriate mechanisms and by giving them access to information; and
g) Protection from Unfair Competition. - The State shall protect small farmers and fisher folk from
unfair competition such as monopolistic and oligopolistic practices by promoting a policy
environment that provides them priority access to credit and strengthened cooperative-based
marketing system.
PRODUCTION AND MARKETING SUPPORT SERVICES
Strategic Agricultural and Fisheries Development Zones
Sec. 5. Declaration of Policy. - It is the policy of the State to ensure that all sectors of the economy
and all regions of the country shall be given optimum opportunity to develop through the rational
and sustainable use of resources peculiar to each area in order to maximize agricultural
productivity, promote efficiency and equity and accelerate the modernization of the agriculture
and fisheries sectors of the country.
Sec. 6. Network of Areas for Agricultural and Agro-Industrial Development. -The Department shall,
within six (6) months after the approval of this Act, and in consultation wit the local government
units , appropriate government agencies, concerned non-government organizations (NGOs)and
organized farmers' and fisherfolk's groups, identify the strategic Agriculture and Fisheries
Development Zones (SAFDZ) within the network of protected areas for agricultural and agroindustrial development to ensure that lands are efficiently and sustainably utilized for food and
non-food production and agro-industrialization.
The SAFDZ which shall serve as centers where development in the agriculture and fisheries
sectors are catalyzed in an environmentally and socio-cultural sound manner, shall be identified
on the basis of the following criteria
a. Agro-climatic and environmental conditions giving the area as competitive advantage in the
cultivation, culture, production and processing of particular crops, animals and aquatic products;

38
b. Strategic location of the area for the establishment of agriculture or fisheries infrastructure,
industrial complexness, production and processing zones;
c. Strategic location and of the area for market development and market networking both at the
local and international levels; and
d. Dominant presence of agrarian reform communities (ARCs) and/or small owner-cultivators
and amortizing owners/agrarian reform beneficiaries and other small farmers and fisher folk in
the area.
The SAFDZ shall have an integrated development plan consisting of production, processing,
investment, marketing, human resources and environmental protection components.
Sec. 7. Modern Farms. - The Department in coordination with the local government units (LGUs)
and appropriate government agencies, may designate agrarian reform communities (ARCs) and
other areas within the SAFDZ suitable for economic scale production which will serve as model
farms.
Farmer-landowners whose lands are located within these designated areas shall be given the
option to enter into a management agreement with corporate entities with proven competence in
farm operations and management, high-end quality production and productivity through the use
of up-to-date technology and collateral resources such as skilled manpower, adequate capital and
credit, and access to markets, consistent with the existing laws.
Sec. 8. Mapping. - The Department, through the Bureau of Soils and Water Management (BSWM),
in coordination with the National Mapping and Resource Information Authority (NAMRIA) and the
Housing and Land Use Regulatory Board (HLURB) shall undertake the mapping of network of
areas for agricultural and agro-industrial development for all municipalities, cities and an
appropriate scale. The BSWM may call on other agencies to provide technical and other logistical
support in this undertaking .
Sec. 9. Delineation of Strategic Agriculture and Fisheries Development Zones. - The Department, in
consultation with the Department of Agrarian Reform, the Department of Trade and Industry, the
Department of Environment and Natural Resources, Department of Science and Technology, the
concerned LGU's, the organized farmers and fisher folk groups, the private sector and
communities shall, without prejudice to the development of identified economic zones and free
ports, establish and delineate based on sound resource accounting, the SAFDZ within one (1) year
from the effectivity of this Act.
All irrigated lands, irrigable lands already covered by irrigation a projects with firm funding
commitments, and lands with existing or having the potential for growing high-value crops so
delineated and included within the SAFDZ shall not be converted for a period of five (5) years
front the effectivity for this Act: Provided, however, That not more than five percent (5%) of the
said lands located within the SAFDZ may be converted upon compliance with existing laws, rules,
regulations, executive order and issuances, and administrative orders relating to land use
conversion: Provided, further, That thereafter 1) a review of the SAFDZ, specifically of the
productivity of the areas, improvement of the quality of life of farmers and fisher folk, and
efficiency and defectiveness of the support services shall be conducted by the Department and the
Department of Agrarian Reform, in coordination with the Congressional Oversight Committee on
Agricultural Committee and Fisheries Modernization; 2) conversion may be allowed, if at all, on a
case-to-case basis subject to existing laws, rules, regulations, executive orders and issuances, and
administrative orders governing land use conversion; 3) in case of conversion, the land owners
will pay the Department the amount equivalent to the government's investment cost including
inflation.

39
Sec. 10. Preparation of Land Use and Zoning Ordinance. - Within one (1) year from the finalization
of the SAFDZ, in every city and municipality, all cities and municipalities shall have prepared their
respective land use and zoning ordinance incorporating the SAFDZ, where applicable. Thereafter,
all land use plans and zoning ordinances shall be updated every four (4) years or as often as may
be deemed necessary upon the recommendation of the Housing and Land Use Regulatory Board
and must be completed within the first year of the term of office of the mayor. If the
cities/municipalities fail to comply with the preparation of zoning and land use plans, the DILG
shall impose the penalty as provided for under Republic Act No.7160
Sec. 11. Penalty for Agricultural Inactivity and Premature Conversion. - Any person or juridical
entity who knowingly or deliberately causes any irrigated agricultural lands seven (7) hectares or
larger, whether contiguous for not, within the protected areas for agricultural development, as
specified under Section 6 in relation to Section 9 of this Act, to lie idle and unproductive for a
period exceeding one (1) year, unless due to force majeure, shall be subject to an idle land tax of
Three Thousand Pesos (P3,000.00) per hectare per year. In addition, the violator, shall be
required to put back such lands to productive agricultural use. Should the continued agricultural
inactivity, unless due to force majeure, exceed a period of two (2) years, the land shall be subject
to escheat proceedings.
Any person found guilty of premature or illegal conversion shall be penalized with imprisonment
of two (2) to six (6) years, or a fine equivalent to one hundred percent (100%) of the
government's investment cost, or both, at the discretion of the court, and an accessory penalty of
forfeiture of the land and any improvement thereon.
In addition, the DAR may impose the following penalties, after determining, in an administrative
proceedings, that violation of this law has been committed:
a. Consolation or withdrawal of the authorization for land use conversion; and
b. Backlisting, or automatic disapproval of pending and subsequent conversion applications that
they may file with the DAR.
Sec. 12. Protection of Watershed Areas. - All watersheds that are sources of water for existing and
potential irrigable areas and recharge areas of major aquifers identified by the Department of
Agriculture and the Department of Environment and Natural resources shall be preserves as such
at all times.

40

41
REPUBLIC ACT NO. 8371
AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLE, CREATING A NATIONAL COMMISSION OF INDIGENOUS
PEOPLE, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND
FOR OTHER PURPOSES.
CHAPTER l
GENERAL PROVISIONS
Sec. 2. Declaration of State Policies.- The State shall recognize and promote all the rights of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the framework of
the Constitution:
a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity
and development;
b)The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social
and cultural well being and shall recognize the applicability of customary laws governing property rights
or relations in determining the ownership and extent of ancestral domain;
c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their
cultures, traditions and institutions. It shall consider these rights in the formulation of national laws and
policies;
d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full
measure of human rights and freedoms without distinctions or discriminations;
e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights
and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on
an equal footing from the rights and opportunities which national laws and regulations grant to other
members of the population and
f) The State recognizes its obligations to respond to the strong 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 ICCs/IPs, in order to render such services more responsive to the needs and desires of these
communities.
Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and
guarantee the realization of these rights, taking into consideration their customs, traditions, values,
beliefs, their rights to their ancestral domains.
CHAPTER ll
DEFINITION OF TERMS
Sec. 3. Definition of Terms.- For purposes of this Act, the following terms shall mean:
a) Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally belonging to
ICCs/IPs comprising lands,inland waters, coastal areas, and natural resources therein, held under a
claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors,
communally or individually since time immemorial, continuously to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of
government projects or any other voluntary dealings entered into by government and private
individuals, corporations, and which are necessary to ensure their economic, social and cultural
welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other lands
individually owned whether alienable and disposable or otherwise, hunting grounds, burial
grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may
no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for

42
their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators;
b) Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and utilized by
individuals, families and clans who are members of the ICCs/IPs since time immemorial, by
themselves or through their predecessors-in-interest, under claims of individual or traditional
group ownership,continuously, to the present except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence of government projects and other
voluntary dealings entered into by government and private individuals/corporations, including, but
not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots;
h) Indigenous Cultural Communities/Indigenous Peoples -refer to a group of people or homogenous
societies identified by self-ascription and ascription by other, who have continuously lived as
organized community on communally bounded and defined territory, and who have, under claims
of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive
cultural traits, or who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and culture, became historically differentiated from the
majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on
account of their descent from the populations which inhabited the country, at the time of conquest
or colonization, or at the time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their own social, economic,
cultural and political institutions, but who may have been displaced from their traditional domains
or who may have resettled outside their ancestral domains;
p) Time Immemorial - refers to a period of time when as far back as memory can go, certain ICCs/IPs are
known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to
them, by operation of customary law or inherited from their ancestors, in accordance with their customs
and traditions.
RIGHTS TO ANCESTRAL DOMAINS
Sec. 4. Concept of Ancestral Lands/Domains.- Ancestral lands/domains shall include such concepts of
territories which cover not only the physical environment but the total environment including the
spiritual and cultural bonds to the area which the ICCs/IPs possess, occupy and use and to which they
have claims of ownership.
Sec. 5. Indigenous Concept of Ownership.- Indigenous concept of ownership sustains the view that
ancestral domains and all resources found therein shall serve as the material bases of their cultural
integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC's/IP's
private but community property which belongs to all generations and therefore cannot be sold, disposed
or destroyed. It likewise covers sustainable traditional resource rights.
Sec. 6. Composition of Ancestral Lands/Domains.- Ancestral lands and domains shall consist of all areas
generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b) of this Act.
Sec. 7. Rights to Ancestral Domains.- The rights of ownership and possession of ICCs/IPs t their ancestral
domains shall be recognized and protected. Such rights shall include:
a. Rights of Ownership.- The right to claim ownership over lands, bodies of water traditionally and actually
occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made
by them at any time within the domains;
b. Right to Develop Lands and Natural Resources.- Subject to Section 56 hereof, right to develop, control
and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural
resources within the territories and uphold the responsibilities for future generations; to benefit and
share the profits from allocation and utilization of the natural resources found therein; the right to

43
negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of
ensuring ecological, environmental protection and the conservation measures, pursuant to national and
customary laws; the right to an informed and intelligent participation in the formulation and
implementation of any project, government or private, that will affect or impact upon the ancestral
domains and to receive just and fair compensation for any damages which they sustain as a result of the
project; and the right to effective measures by the government to prevent any interfere with, alienation
and encroachment upon these rights;
c. Right to Stay in the Territories- The right to stay in the territory and not be removed therefrom. No
ICCs/IPs will be relocated without their free and prior informed consent, nor through any means other
than eminent domain. Where relocation is considered necessary as an exceptional measure, such
relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned and
whenever possible, they shall be guaranteed the right to return to their ancestral domains, as soon as the
grounds for relocation cease to exist. When such return is not possible, as determined by agreement or
through appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands of quality and
legal status at least equal to that of the land previously occupied by them, suitable to provide for their
present needs and future development. Persons thus relocated shall likewise be fully compensated for
any resulting loss or injury;
d. Right in Case of Displacement.- In case displacement occurs as a result of natural catastrophes, the State
shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life
support system: Provided, That the displaced ICCs/IPs shall have the right to return to their abandoned
lands until such time that the normalcy and safety of such lands shall be determined: Provided, further,
That should their ancestral domain cease to exist and normalcy and safety of the previous settlements are
not possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been
resettled: Provided, furthermore, That basic services and livelihood shall be provided to them to ensure
that their needs are adequately addressed:
e. Right to Regulate Entry of Migrants.- Right to regulate the entry of migrant settlers and organizations
into the domains;
f. Right to Safe and Clean Air and Water.- For this purpose, the ICCs/IPs shall have access to integrated
systems for the management of their inland waters and air space;
g. Right to Claim Parts of Reservations.- The right to claim parts of the ancestral domains which have been
reserved for various purposes, except those reserved and intended for common and public welfare and
service; and
h. Right to Resolve Conflict.- Right to resolve land conflicts in accordance with customary laws of the area
where the land is located, and only in default thereof shall the complaints be submitted to amicable
settlement and to the Courts of Justice whenever necessary.
Sec. 8. Rights to Ancestral Lands.- The right of ownership and possession of the ICCs/IPs, to their ancestral
lands shall be recognized and protected.
a. Right to transfer land/property.- Such right shall include the right to transfer land or property rights
to/among members of the same ICCs/IPs, subject to customary laws and traditions of the community
concerned.
b. Right to Redemption.- In cases where it is shown that the transfer of land/property rights by virtue of
any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of
the ICCs/IPs,or is transferred for an unconscionable consideration or price, the transferor ICC/IP shall
have the right to redeem the same within a period not exceeding fifteen (15) years from the date of
transfer.
Sec. 9. Responsibilities of ICCs/IPs to their Ancestral Domains.- ICCs/IPs occupying a duly certified
ancestral domain shall have the following responsibilities:

44
a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in the ancestral
domain by protecting the flora and fauna, watershed areas, and other reserves;
b. Restore Denuded Areas- To actively initiate, undertake and participate in the reforestation of denuded
areas and other development programs and projects subject to just and reasonable remuneration; and
c. Observe Laws- To observe and comply with the provisions of this Act and the rules and regulations for
its effective implementation.
Sec. 10. Unauthorized and Unlawful Intrusion.- Unauthorized and unlawful intrusion upon, or use of any
portion of the ancestral domain, or any violation of the rights herein before enumerated, shall be
punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs
from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership,
possession of land belonging to said ICCs/IPs.
Sec. 11. Recognition of Ancestral Domain Rights.- The rights of ICCs/IPs to their ancestral domains by
virtue of Native Title shall be recognized and respected. Formal recognition, when solicited by ICCs/IPs
concerned, shall be embodied in a Certificate of Ancestral Domain Title (CADT), which shall recognize the
title of the concerned ICCs/IPs over the territories identified and delineated.
Sec. 12. Option to Secure Certificate of Title under Commonwealth Act 141, as amended, or the Land
Registration Act 496.- Individual members of cultural communities, with respect to individually-owned
ancestral lands who, by themselves or through their predecessors-in -interest, have been in continuous
possession and occupation of the same in the concept of owner since the immemorial or for a period of
not less than thirty (30) years immediately preceding the approval of this Act and uncontested by the
members of the same ICCs/IPs shall have the option to secure title to their ancestral lands under the
provisions of Commonwealth Act 141, as amended, or the Land Registration Act 496.
For this purpose, said individually-owned ancestral lands, which are agricultural in character and
actually used for agricultural, residential, pasture, and tree farming purposes, including those with a
slope of eighteen percent (18%) or more, are hereby classified as alienable and disposable agricultural
lands.
The option granted under this Section shall be exercised within twenty (20) years from the approval of
this Act.
CHAPTER IV
RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT
Sec. 13. Self-Governance.- The State recognizes the inherent right of ICCs/IPs to self-governance and selfdetermination and respects the integrity of their values, practices and institutions. Consequently, the
State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural
development.
Sec. 14. Support for Autonomous Regions.- The State shall continue to strengthen and support the
autonomous regions created under the Constitution as they may require or need. The State shall likewise
encourage other ICCs/IPs not included or outside Muslim Mindanao and the Cordillera to use the form
and content of their ways of life as may be compatible with the fundamental rights defined in the
Constitution of the Republic of the Philippines and other internationally recognized human rights.
Sec. 15. Justice System, Conflict Resolution Institutions and Peace Building Processes.- The ICCs/IPs shall
have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace
building processes or mechanisms and other customary laws and practices within their respective
communities and as may be compatible with the national legal system and with internationally
recognized human rights.
Sec. 16. Right to Participate in Decision -Making.- ICCs/IPs have the right to participate fully, if they so
choose, at all levels of decision-making in matters which may affect their rights, lives and destinies
through procedures determined by them as well as to maintain and develop their own indigenous

45
political structures. Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory
representation in policy-making bodies and other local legislative councils.
Sec. 17. Right to Determine and Decide Priorities for Development.- The ICCs/IPs shall have the right to
determine and decide their own priorities for development affecting their lives, beliefs, institutions,
spiritual well-being, and the lands they own, occupy or use. They shall participate in the
formulation,implementation and evaluation of policies, plans and programs for national, regional and
local development which may directly affect them.
Sec. 18. Tribal Barangays.- The ICCs/IPs living in contiguous areas or communities where they form the
predominant population but which are located in municipalities, provinces or cities where they do not
constitute the majority of the population, may form or constitute a separate barangay in accordance with
the Local Government Code on the creation of tribal barangays.
Sec. 19. Role of Peoples Organizations.- The State shall recognize and respect the role of independent
ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their legitimate and collective
interests and aspirations through peaceful and lawful means.
Sec. 20. Means for Development /Empowerment of ICCs/IPs.- The Government shall establish the means
for the full development/empowerment of the ICCs/IPs own institutions and initiatives and, where
necessary, provide the resources needed therefor.
CHAPTER V
SOCIAL JUSTICE AND HUMAN RIGHTS
Sec. 21. Equal Protection and Non-discrimination of ICCs/IPs.- Consistent with the equal protection clause
of the Constitution of the Republic of the Philippines, the Charter of the United Nations, the Universal
Declaration of Human Rights including the Convention on the Elimination of Discrimination Against
Women and International Human Rights Law, the State shall, with due recognition of their distinct
characteristics and identity, accord to the members of the ICCs/IPs the rights, protections and privileges
enjoyed by the rest of the citizenry. It shall extend to them the same employment rights, opportunities,
basic services, educational and other rights and privileges available to every member of the society.
Accordingly, the State shall likewise ensure that the employment of any form of force of coersion against
ICCs/IPs shall be dealt with by law.
The State shall ensure that the fundamental human rights and freedoms as enshrined in the Constitution
and relevant international instruments are guaranteed also to indigenous women. Towards this end, no
provision in this Act shall be interpreted so as to result in the diminution of rights and privileges already
recognized and accorded to women under existing laws of general application.
Sec. 22. Rights during Armed Conflict.- ICCs/IPs have the right to special protection and security in
periods of armed conflict. The State shall observe international standards, in particular, the Fourth
Geneva Convention of 1949, for the protection of civilian populations in circumstances of emergency and
armed conflict, and shall not recruit members of the ICCs/IPs against their will into armed forces, and in
particular, for the use against other ICCs/IPs; not recruit children of ICCs/IPs into the armed forces under
any circumstance; nor force indigenous individuals to abandon their lands, territories and means of
subsistence, or relocate them in special centers for military purposes under any discriminatory condition.
Sec. 23. Freedom from Discrimination and Right to Equal Opportunity and Treatment.- It shall be the right
of the ICCs/IPs to be free from any form of discrimination, with respect to recruitment and conditions of
employment, such that they may enjoy equal opportunities as other occupationally-related benefits,
informed of their rights under existing labor legislation and of means available to them for redress, not
subject to any coercive recruitment systems, including bonded labor and other forms of debt servitude;
and equal treatment in employment for men and women, including the protection from sexual
harassment.

46
Towards this end, the State shall within the framework of national laws and regulations, and in
cooperation with the ICCs/IPs concerned, adopt special measures to ensure the effective protection with
regard to the recruitment and conditions of employment of persons belonging to these communities, to
the extent that they are not effectively protected by the laws applicable to workers in general.
ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to
conclude collective bargaining agreements with employers' conditions. They shall likewise have the right
not to be subject to working conditions hazardous to their health, particularly through exposure to
pesticides and other toxic substances.
Sec. 24. Unlawful Acts Pertaining to Employment.- It shall be unlawful for any person:
a. To discriminate against any ICC/IP with respect to the terms and conditions of employment on account
of their descent. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value; and
b. To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the
purpose of preventing them from enjoying any of the rights or benefits provided under this Act.
Sec. 25. Basic Services.- The ICC/IP have the right to special measures for the immediate, effective and
continuing improvement of their economic and social conditions, including in the areas of employment,
vocational training and retraining, housing, sanitation, health and social security. Particular attention
shall be paid to the rights and special needs of indigenous women, elderly, youth, children and
differently-abled persons. Accordingly, the State shall guarantee the right of ICCs/IPs to government 's
basic services which shall include, but not limited to water and electrical facilities, education, health and
infrastructure.
Sec. 26. Women.- ICC/IP women shall enjoy equal rights and opportunities with men, as regards the
social, economic, political and cultural spheres of life. The participation of indigenous women in the
decision-making process in all levels, as well as in the development of society, shall be given due respect
and recognition.
The State shall provide full access to education, maternal and child care, health and nutrition, and
housing services to indigenous women. Vocational, technical, professional and other forms of training
shall be provided to enable these women to fully participate in all aspects of social life. As far as possible,
the State shall ensure that indigenous women have access to all services in their own languages.
Sec. 27. Children and Youth.- The State shall recognize the vital role of the children and youth of ICCs/IPs
in nation-building and shall promote and protect their physical, moral, spiritual, moral, spiritual,
intellectual and social well-being. Towards this end, the State shall support all government programs
intended for the development and rearing of the children and youth of ICCs/IPs for civic efficiency and
establish such mechanisms as may be necessary for the protection of the rights of the indigenous children
and youth.
Sec. 28. Integrated System of Education.- The State shall, through the NCIP, provide a complete, adequate
and integrated system of education, relevant to the needs of the children and Young people of ICCs/IPs.
CHAPTER VI
CULTURAL INTEGRITY
Sec. 29. Protection of Indigenous Culture, traditions and institutions.- The state shall respect, recognize and
protect the right of the ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall
consider these rights in the formulation of national plans and policies.
Sec. 30. Educational Systems.- The State shall provide equal access to various cultural opportunities to the
ICCs/IPs through the educational system, public or cultural entities, scholarships, grants and other
incentives without prejudice to their right to establish and control their educational systems and
institutions by providing education in their own language, in a manner appropriate to their cultural
methods of teaching and learning. Indigenous children/youth shall have the right to all levels and forms
of education of the State.

47
Sec. 31. Recognition of Cultural Diversity.- The State shall endeavor to have the dignity and diversity of the
cultures, traditions, histories and aspirations of the ICCs/IPs appropriately reflected in all forms of
education, public information and cultural-educational exchange. Consequently, the State shall take
effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination
and to promote tolerance, understanding and good relations among ICCs/IPs and all segments of society.
Furthermore, the Government shall take effective measures to ensure that State-owned media duly
reflect indigenous cultural diversity. The State shall likewise ensure the participation of appropriate
indigenous leaders in schools, communities and international cooperative undertakings like festivals,
conferences, seminars and workshops to promote and enhance their distinctive heritage and values.
Sec. 32. Community Intellectual Rights.- ICCs/IPs have the right to practice and revitalize their own
cultural traditions and customs. The State shall preserve, protect and develop the past, present and future
manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious,
and spiritual property taken without their free and prior informed consent or in violation of their laws,
traditions and customs.
Sec. 33. Rights to Religious, Cultural Sites and Ceremonies.- ICCs/IPs shall have the right to manifest,
practice, develop teach their spiritual and religious traditions, customs and ceremonies; the right to
maintain, protect and have access to their religious and cultural sites; the right to use and control of
ceremonial object; and the right to the repatriation of human remains. Accordingly, the State shall take
effective measures, in cooperation with the burial sites, be preserved, respected and protected. To
achieve this purpose, it shall be unlawful to:
a. Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining
materials of cultural values without the free and prior informed consent of the community concerned;
and
b. Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the
preservation of their cultural heritage.
Sec. 34. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and
Technologies.- ICCs/IPs are entitled to the recognition of the full ownership and control and protection of
their cultural and intellectual rights. They shall have the right to special measures to control, develop and
protect their sciences, technologies and cultural manifestations, including human and other genetic
resources, seeds, including derivatives of these resources, traditional medicines and health practices,
vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of
the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts.
Sec. 35. Access to Biological and Genetic Resources.- Access to biological and genetic resources and to
indigenous knowledge related to the conservation, utilization and enhancement of these resources, shall
be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior informed
consent of such communities, obtained in accordance with customary laws of the concerned community.
Sec. 36. Sustainable Agro-Technical Development. - The State shall recognize the right of ICCs/IPs to a
sustainable agro-technological development and shall formulate and implement programs of action for
its effective implementation. The State shall likewise promote the bio-genetic and resource management
systems among the ICCs/IPs and shall encourage cooperation among government agencies to ensure the
successful sustainable development of ICCs/IPs.
Sec. 37. Funds for Archeological and Historical Sites. - The ICCs/IPs shall have the right to receive from the
national government all funds especially earmarked or allocated for the management and preservation of
their archeological and historical sites and artifacts with the financial and technical support of the
national government agencies.
CHAPTER VII
NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)

48
Sec. 38. National Commission on Indigenous Cultural Communities /Indigenous Peoples (NCCP).- to carry
out the policies herein set forth, there shall be created the National Commission on ICCs/IPs (NCIP),
which shall be the primary government agency responsible for the formulation and implementation of
policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the
recognition of their ancestral domains as well as their rights thereto.
Sec. 39. Mandate.- The NCIP shall protect and promote the interest and well-being of the ICCs/IPs with
due regard to their beliefs, customs, traditions and institutions.
Sec. 40. Composition.- The NCIP shall be an independent agency under the Office of the President and
shall be composed of seven (7) Commissioners belonging to ICCs/IPs, one (1) of whom shall be the
Chairperson. The Commissioners shall be appointed by the President of the Philippines from a list of
recommendees submitted by authentic ICCs/IPs: Provided, That the seven (7) Commissioners shall be
appointed specifically from each of the following ethnographic areas: Region I and the Cordilleras; Region
II; the rest of Luzon; Island Groups including Mindoro, Palawan, Romblon, Panay and the rest of the
Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and Central Mindanao:
Provided, That at least two (2) of the seven (7) Commissioners shall be women.

49
Coconut Preservation Act of 1995
AN ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF COCONUT TREES, ITS
REPLENISHMENT, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES.
REPUBLIC ACT NO. 8048
AN ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF COCONUT TREES, ITS
REPLENISHMENT, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES.
Sec. 2. Declaration of Policy. Considering the importance of the coconut industry in nation building
being one of the principal industries and one of the largest income earners of the country, it becomes
mandatory for the Government to step-in and regulate the unabated and indiscriminate cutting of the
coconut trees.For reasons of national interest, it is hereby declared the policy of the State to provide for
the growth of the industry by embarking on a sustainable and efficient replanting program.
Sec. 4. Prohibition. No coconut tree shall be cut except in the following cases and only after a permit
had been issued therefor:
(a) When the tree is sixty (60) years old;
(b) When the tree is no longer economically productive;
(c) When the tree is disease-infested;
(d) When the tree is damaged by typhoon or lightning;
(e) When the agricultural land devoted to coconut production shall have been converted in accordance
with law into residential, commercial or industrial areas;
(f) When the land devoted to coconut production shall be converted into other agricultural uses or other
agriculture-related activities in pursuance to a conversion duly applied for by the owner and approved by
the proper authorities: Provided, That no conversion shall be allowed by the PCA until after it shall have
been verified and certified that for a period of at least three (3) years the majority of the coconut trees
have become senescent and economically unproductive or where the coconut farm is not adaptable to
sound management practices on account of geographical location, topography, drainage and other
conditions rendering the farm economically unproductive; and
(g) When the tree would cause hazard to life and property.
No other causes other than those abovementioned shall be considered as a valid ground for cutting.
Sec. 5. Permit to cut. No coconut tree or trees shall be cut unless a permit therefore, upon due
application being made, has been issued by the PCA pursuant to Section 6 of this Act.
No permit to cut shall be granted unless the applicant, in coordination with the PCA and the local
government unit concerned, has already planted the equivalent number of coconut trees applied for to be
cut.
Such replantings, however, shall not apply to areas converted into industrial, commercial or residential
sites or land transformed in accordance with law, into other agricultural purposes.
Sec. 6. Authority to Cut. The Philippine Coconut Authority shall have the exclusive authority to grant
permit for the cutting of coconut trees.The authority may be delegated to the city or municipal mayors as
the PCA may determine.

50
Sec. 7. Implementing Rules. The Philippine Coconut Authority shall be the lead agency to implement
the provisions of this Act.For this purpose, the Philippine Coconut Authority shall prescribe the necessary
rules and regulations for the immediate and effective implementation of this Act.
The PCA, in order to effectively implement the provisions of this Act, may request the assistance of any
local government unit, to monitor and ensure compliance with this Act including its implementing rules
and regulations.For this purpose, the PCA may deputize the Philippine National Police or other law
enforcement agencies to investigate and apprehend those caught violating the provisions of this Act,
including the confiscation of illegally cut trees.
In addition to the foregoing, the PCA shall also, in coordination with the local government unit concerned,
require the registration of all sawmills, lumberyards, coconut wood dealers and other persons or entities
dealing in the processing, sawing of the coconut trees.
Sec. 8. Penalties. Those found guilty of violating this Act or any rules and regulations issued
pursuant hereto shall, upon conviction, be punished by imprisonment of not less than one (1) year but
not more than six (6) years, or a fine of not less than Fifty thousand pesos (P50,000) but not more than
Five hundred thousand pesos (P500,000), or both in the discretion of the court.
If the offender is a corporation or a juridical entity, the official who ordered or allowed the commission of
the offense shall be punished with the same penalty.
If the offender is in the government service, he shall, in addition be dismissed from office.

51
REPUBLIC ACT NO. 8041
AN ACT TO ADDRESS THE NATIONAL WATER CRISIS AND FOR OTHER PURPOSES.
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to adopt urgent and effective
measures to address the nationwide water crisis which adversely allocate the health and well-being of
the population , food production and industrialization process.
Pursuant thereto the government shall address the issues relevant to the water crisis including, but not
limited to, supply, distribution, finance, privatization of state-run water facilities, the protection and
conservation of watersheds and the waste and pilferage of water, including the serious matter of graft
and corruption in all the water agencies.
Sec. 3. Organization of Joint Executive-Legislative Water Crisis Commission.- Within thirty (30) days after
the effectivity of this Act, there shall be organized a Joint Executive -Legislative Water Crisis Commission.
The Commission shall be chaired by the Executive Secretary, with the secretaries of the Department of
Public Works and Highways and the Department of Environment and Natural Resources, and the
chairmen of the appropriate Senate and House committees, as designated by the leaders of both Houses
of Congress, as well as a representative of the minority from each House , as members.
There shall be a technical staff constituted by by representatives of the National Water Resources Board
(NAIROBI) , the Metropolitan Waterworks and Sewerage System (MWSS) , the Local Water Utilities
Administration (LWUA), the appropriate committees of the Senate and the House , and the certified
workers' union in the affected water institutions.
Sec. 4. Purposes and Objectives. - The Commission shall have the following purposes and objectives:
a. to undertake nationwide consultations on the water crisis and in depth and detailed study and review
of the entire water supply and distribution structure;
b. To enhance and facilitate cooperation and coordination between Congress and the executive
department in formulating and implementing the government's water crisis management policy and
strategy;
c. To recommend measures that will ensure continuous and effective monitoring of the entire water
supply and distribution system of the country;and
d. To conduct continuing studies and researches on policy options, strategies and approaches to the
water crisis including experiences of other countries similarly situated, and to recommend such remedial
and legislative measures as may be required to address the problem.
Sec. 5. Powers and Functions. - To carry out the aforementioned purposes and objectives, the Commission
is hereby authorized:
a. To secure from any department, bureau, office, agency or instrumentality of the government such
assistance as may be needed, such as technical information, the preparation of reports, and the
submission of recommendations or plans, as it may require;
b. To designate by resolution the watershed areas in which developmental undertakings are to be
suspended; and
c. Generally, to exercise all the powers necessary, relevant and incidental to attain the purposes and
objectives for which it is organized.
Sec. 6. Negotiated contracts. - For projects to be implemented under Build-operate-Transfer (BOT) and/or
related schemes, the President of the Republic my, for a period of one (1) year after the effectivity of this
Act, enter into negotiated contracts for the financing, construction, repair, rehabilitation, improvement
and operation of water facilities and projects related to increasing water supply, its treatment and its
distribution to industrial and household consumers: Provided, That here is no government financing or
financing guarantee for the contracts, except for the acquisition of right-of-way.

52
The contracts shall be awarded only to contractors with proven competence and experience in similar
projects, competent key personnel, efficient and reliable equipment ,and sound financial capacity.
Sec. 7. Reorganization of the Metropolitan Waterworks and Sewerage System(MWSS) and the Local
Waterworks and Utilities Administration (LWUA). - Within six (6) months from the approval of this Act,
the President of the Republic is hereby empowered to revamp the executive of any or all segments of
these agencies, operations or facilities if necessary, to make them more effective and innovative to
address the looming water crisis. For this purpose, the president may abolish or create offices, transfer
functions, equipment, properties, records and personnel; institute drastic cost-cutting and other related
measures to carry out said objectives.Moreover, in the implementation of this provision, the
prescriptions of Republic Act No. 7430, otherwise known as the" Attribution Law" shall not apply.
Nothing in this section shall result in the dimmunition of the present salaries, and benefits of the
personnel in the MWSS and the LWUA : Provided, That any official or employee of the said agencies who
may be phased out by reason of the reorganization authorized herein shall be entitled to such benefits as
may determined by existing laws.
The President may upgrade the compensation of the personnel of the MWSS and the LWUA at rates
commensurate to the improved and efficient revenue collection of the two agencies as determined by the
Board of Trustees and the same shall be exempted from the provisions of Republic Act No. 6750,
otherwise known as the "Salary Standardization Law", to take effect upon a reduction of non-revenue
water to forty percent (40%) and upon approval by the respective board of trustees of the MWSS and the
LWUA of their budgets.
Sec. 8. Anti-Pilferage. - It is hereby declared unlawful for any person to:
a. Destroy, damage or interfere with any canal, raceway, ditch, lock , pier, inlet, crib, bullhead, dam, gate,
service, reservoir, aqueduct, water mains, water distribution pipes, conduit, pipes, wire benchmark,
monument, or other works, appliance, machinery buildings, or property of any water utility entity,
whether public or private;
b. Do any malicious act which shall injuriously affect the quantity or quality of water or sewerage flow of
any waterworks and/or sewerage system, or the supply, conveyance, measurement, or regulation
thereof, including the prevention of, or interfere with any authorized person engaged in the discharge of
duties connected therewith;
c. Prevent, obstruct, and interfere with the survey, works, and construction of access road and water
mains and distribution network and any related works of the utility entity;
d. Tap, make, or cause to be made any connection with water lines without prior authority or consent
from the water utility concerned;
e. Tamper, install or use tampered water meters, sticks, magnets, reversing water meters, shortening of
vane wheels and other devices of steal water or interfere with accurate registry or metering or water
usage, or otherwise result in its diversion in a manner whereby water is stolen or wasted;
f. Use or receive the direct benefit or water service with knowledge that diversion, tampering, or illegal
connection existed at the time of that use, or that the use or receipt was otherwise without the
authorization of water utility;
g. Steal or polfer water meters, main lines, pipes and related or ancillary facilities;
h. Steal water for profit or resale;
i. Knowingly possess stolen or tampered water meters ;and
j. Knowingly or willfully allow the occurrence of any of the above.
Sec. 9. Prima Facie Evidence. - The presence of any of the following circumstances shall constitute prima
facie evidence of theft, pilferage, or of any unlawful acts enumerated in Section 8 hereof:
a. The existence of illegal or unauthorized tapping to the water main or distribution pipe;

53
b. The existence of any illegal connection such as a reversed meter, shortened vane wheel, bypass or
other connections which adversely affect the registration of the water meter;
c. The presence of a bored hole in the glass cover of the water meter, or at the back of or any part of the
meter including the vertical vane;
d. The presence of tampered, or fake seals on the meters. Inspection of tampered water meters shall be
done in the presence of the registered water consumer;
e. The presence of a reversed meter in the premises, insertion of rod, wire, or stick in the meter, filed or
shortened vane wheel, removal or altering of any part of the meter mechanism, use of magnet and any
similar illegal devices which interfere with the meter registration;
f. Destruction of the meter protection and other metering accessories; or
g. Abnormal imprints, traces or marks found in the meter assembly.
The prima facie evidence shall not apply to tenants who have occupied the house or dwelling for
ninety(90) days or less.
Sec. 10. Special Aggravating Circumstances. - The following shall considered as aggravating:
a. When the violation is committed in conspiracy with at least another person, both of whom shall be
considered as principals;
b. when the offense is committed by, or in connivance with, private plumber, officer or employee, of the
water utility concerned, who shall all be considered as principals; or
c. when the violation is coupled with the sale from a source which is illegal, unregistered, or a source with
a tampered meter.
Sec. 11. Penalties. - The Water utility concerned shall have the right and authority to disconnect the
water services, five (5) days after-service of written notice to that effect, except on Sundays and holidays,
without need of a court or administrative order, and deny restoration of the same, when a prima facie
evidence of theft or pilferage shall have been established in accordance with Section 8 hereof: Provided,
That a notice shall have been issued even upon discovery for the first time of the presence of any of the
circumstances herein enumerated: Provided further, That the water service shall not be disconnected or
shall be immediately restores upon deposit, by the person concerned, of the concerned, of the difference
in the billing made by the water utility concerned: Provided, finally, That the deposit shall be credited
against future billings , with legal interest thereon where the alleged theft, pilferage or current diversion
has not been committed, without prejudice to being indemnified for damages in accordance with the Civil
Code and other existing laws.
A written notice of seventy-two (72) hours is necessary to effect water service disconnection upon the
discovery for the second time of any of the circumstances enumerated in Section 8 hereof.
Any person who shall violate Section 8 hereof shall be punished by imprisonment of six (6) months to
two (2) years and a fine of not exceeding double the amount of the value of the water stolen or the value
of the damaged facilities: Provided, however, That if the offender is assisted in the commission of the
crime by a plumber, officer or employee of the water utility concerned, the said employee, officer or
plumber shall be punished by imprisonment of two (20 years to six (6) years: Provided, further, That if
the water is stolen for profit or resale, the offender shall be punished imprisonment from six (6) to
twelve (12) years.
If the offender is a juridical person, the penalty shall be imposed on the chairman, president, general
manager, administrator, and the officers thereof who shall have knowingly permitted, or are otherwise
responsible for the commission of the offense .

54

55
REPUBLIC ACT NO. 7942
[AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION, DEVELOPMENT,
UTILIZATION, AND CONSERVATION]
All mineral resources in public and private lands within the territory and exclusive economic zone of the
Republic of the Philippines are owned by the State. It shall be the responsibility of the State to promote
their rational exploration, development, utilization and conservation through the combined efforts of
government and the private sector in order to enhance national growth in a way that effectively
safeguards the environment and protect the rights of affected communities.
Definition of Terms
e. Contiguous zone refers to water, sea bottom and substratum measured twenty-four nautical miles (24
n.m.) seaward from the base line of the Philippine archipelago.
f. Contract area means land or body of water delineated for purposes of exploration, development, or
utilization of the minerals found therein.
h. Co-production agreement (CA) means an agreement entered into between the Government and one or
more contractors in accordance with Section 26(b) hereof.
m. Environmental compliance certificate (ECC) refers to the document issued by the government agency
concerned certifying that the project under consideration will not bring about an unacceptable
environmental impact and that the proponent has complied with the requirements of the environmental
impact statement system.
n. Environmental impact statement (EIS) is the document which aims to identify, predict, interpret, and
communicate information regarding changes in environmental quality associated with a proposed
project and which examines the range of alternatives for the objectives of the proposal and their impact
on the environment.
o. Exclusive economic zone means the water, sea bottom and subsurface measured from the baseline of
the Philippine archipelago up to two hundred nautical miles (200 n.m.) offshore.
q. Exploration means the searching or prospecting for mineral resources by geological, geochemical or
geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other
means for the purpose of determining the existence, extent, quantity and quality thereof and the
feasibility of mining them for profit.
r. Financial or technical assistance agreement means a contract involving financial or technical assistance
for large-scale exploration, development, and utilization of mineral resources.
s. Force majeure means acts or circumstances beyond the reasonable control of contractor including, but
not limited to, war, rebellion, insurrection, riots, civil disturbance, blockade, sabotage, embargo, strike,
lockout, any dispute with surface owners and other labor disputes, epidemic, earthquake, storm, flood or
other adverse weather conditions, explosion, fire, adverse action by government or by any
instrumentality or subdivision thereof, act of God or any public enemy and any cause that herein describe
over which the affected party has no reasonable control.

56

t. Foreign-owned corporation means any corporation, partnership, association, or cooperative duly

registered in accordance with law in which less than fifty per centum (50%) of the capital is owned by
Filipino citizens.
w. Indigenous cultural community means a group or tribe of indigenous Filipinos who have continuously
lived as communities on communally-bounded and defined land since time immemorial and have
succeeded in preserving, maintaining, and sharing common bonds of languages, customs, traditions, and
other distinctive cultural traits, and as may be defined and delineated by law.
x. Joint venture agreement (JVA) means an agreement entered into between the Government and one or
more contractors in accordance with Section 26(c) hereof.
aa. Minerals refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate
state excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and
geothermal energy.
ai. Offshore means the water, sea bottom and subsurface from the shore or coastline reckoned from the
mean low tide level up to the two hundred nautical miles (200 n.m.) exclusive economic zone including
the archipelagic sea and contiguous zone.
aj. Onshore means the landward side from the mean tide elevation, including submerged lands in lakes,
rivers and creeks.
ar. Quarrying means the process of extracting, removing and disposing quarry resources found on or
underneath the surface of private or public land.

Mineral Reservations
When the national interest so requires, such as when there is a need to preserve strategic raw materials
for industries critical to national development, or certain minerals for scientific, cultural or ecological
value, the President may establish mineral reservations upon the recommendation of the Director
through the Secretary. Mining operations in existing mineral reservations and such other reservations as
may thereafter be established, shall be undertaken by the Department or through a contractor: Provided,
That a small scale-mining cooperative covered by Republic Act No. 7076 shall be given preferential right
to apply for a small-scale mining agreement for a maximum aggregate area of twenty-five percent (25%)
of such mineral reservation, subject to valid existing mining/quarrying rights as provided under Section
112 Chapter XX hereof. All submerged lands within the contiguous zone and in the exclusive economic
zone of the Philippines are hereby declared to be mineral reservations.
A ten per centum (10%) share of all royalties and revenues to be derived by the government from the
development and utilization of the mineral resources within mineral reservations as provided under this
Act shall accrue to the Mines and Geosciences Bureau to be allotted for special projects and other
administrative expenses related to the exploration and development of other mineral reservations
mentioned in Section 6 hereof.
Other Reservations

57
Mining operations in reserved lands other than mineral reservations may be undertaken by the
Department, subject to limitations as herein provided. In the event that the Department cannot undertake
such activities, they may be undertaken by a qualified person in accordance with the rules and
regulations promulgated by the Secretary. The right to develop and utilize the minerals found therein
shall be awarded by the President under such terms and conditions as recommended by the Director and
approved by the Secretary: Provided, That the party who undertook the exploration of said reservation
shall be given priority. The mineral land so awarded shall be automatically excluded from the reservation
during the term of the agreement: Provided, further, That the right of the lessee of a valid mining contract
existing within the reservation at the time of its establishment shall not be prejudiced or impaired.
Authority of the Department
The Department shall be the primary government agency responsible for the conservation, management,
development, and proper use of the States mineral resources including those in reservations, watershed
areas, and lands of the public domain. The Secretary shall have the authority to enter into mineral
agreements on behalf of the Government upon the recommendation of the Director, promulgate such
rules and regulations as may be necessary to implement the intent and provisions of this Act.
Scope of Application
This Act shall govern the exploration, development, utilization and processing of all mineral resources.
No ancestral land shall be opened for mining-operations without prior consent of the indigenous cultural
community concerned.
In the event of an agreement with an indigenous cultural community pursuant to the preceding section,
the royalty payment, upon utilization of the minerals shall be agreed upon by the parties. The said royalty
shall form part of a trust fund for the socioeconomic well-being of the indigenous cultural community.
Areas Open to Mining Operations
Subject to any existing rights or reservations and prior agreements of all parties, all mineral resources in
public or private lands, including timber or forestlands as defined in existing laws, shall be open to
mineral agreements or financial or technical assistance agreement applications. Any conflict that may
arise under this provision shall be heard and resolved by the panel of arbitrators.
Areas Closed to Mining Applications
Mineral agreement or financial or technical assistance agreement applications shall not be allowed:
a. In military and other government reservations, except upon prior written clearance by the
government agency concerned;
b. Near or under public or private buildings, cemeteries, archeological and historic sites, bridges,
highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private
works including plantations or valuable crops, except upon written consent of the government agency or
private entity concerned;
c. In areas covered by valid and existing mining rights;
d. In areas expressedly prohibited by law;
e. In areas covered by small-scale miners as defined by law unless with prior consent of the small-scale
miners, in which case a royalty payment upon the utilization of minerals shall be agreed upon by the
parties, said royalty forming a trust fund for the socioeconomic development of the community
concerned; and

58
f. Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove
forests, mossy forests, national parks provincial/municipal forests, parks, greenbelts, game refuge and
bird sanctuaries as defined by law and in areas expressly prohibited under the National Integrated
Protected Areas System (NIPAS) under Republic Act No. 7586, Department Administrative Order No. 25,
series of 1992 and other laws.
Rights and Obligations of the Permittee
An exploration permit shall grant to the permittee, his heirs or successors-in-interest, the right to enter,
occupy and explore the area: Provided, That if private or other parties are affected, the permittee shall
first discuss with the said parties the extent, necessity, and manner of his entry, occupation and
exploration and in case of disagreement, a panel of arbitrators shall resolve the conflict or disagreement.
The permittee shall undertake an exploration work on the area as specified by its permit based on an
approved work program.
Any expenditure in excess of the yearly budget of the approved work program may be carried forward
and credited to the succeeding years covering the duration of the permit. The Secretary, through the
Director, shall promulgate rules and regulations governing the terms and conditions of the permit.
The permittee may apply for a mineral production sharing agreement, joint venture agreement, coproduction agreement or financial or technical assistance agreement over the permit area, which
application shall be granted if the permittee meets the necessary qualifications and the terms and
conditions of any such agreement: Provided, That the exploration period covered by the exploration
permit shall be included as part of the exploration period of the mineral agreement or financial or
technical assistance agreement.
MINERAL AGREEMENTS
Modes of Mineral Agreement
a. Mineral production sharing agreement is an agreement where the Government grants to the
contractor the exclusive right to conduct mining operations within a contract area and shares in the gross
output. The contractor shall provide the financing, technology, management and personnel necessary for
the implementation of this agreement.
b. Co-production agreement is an agreement between the Government and the contractor wherein the
Government shall provide inputs to the mining operations other than the mineral resource.
c. Joint venture agreement is an agreement where a joint-venture company is organized by the
Government and the contractor with both parties having equity shares. Aside from earnings in equity, the
Government shall be entitled to a share in the gross output.
A mineral agreement shall grant to the contractor the exclusive right to conduct mining operations and to
extract all mineral resources found in the contract area. In addition, the contractor may be allowed to
convert his agreement into any of the modes of mineral agreements or financial or technical assistance
agreement covering the remaining period of the original agreement subject to the approval of the
Secretary.
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT
Any qualified person with technical and financial capability to undertake large-scale exploration,
development, and utilization of mineral resources in the Philippines may enter into a financial or
technical assistance agreement directly with the Government through the Department.
SMALL-SCALE MINING
QUARRY RESOURCES

59
Any qualified person may apply to the provincial/city mining regulatory board for a quarry permit on
privately-owned lands and/or public lands for building and construction materials such as marble, basalt,
andesite, conglomerate, tuff, adobe, granite, gabbro, serpentine, inset filling materials, clay for ceramic
tiles and building bricks, pumice, perlite and other similar materials that are extracted by quarrying from
the ground. The provincial governor shall grant the permit after the applicant has complied with all the
requirements as prescribed by the rules and regulations.
A mineral agreement or a financial technical assistance agreement contractor shall, however, have the
right to extract and remove sand and gravel and other loose unconsolidated materials without need of a
permit within the area covered by the mining agreement for the exclusive use in the mining operations:
Provided, That monthly reports of the quantity of materials extracted therefrom shall be submitted to the
mines regional office concerned: Provided, further, That said right shall be coterminous with the
expiration of the agreement.
Holders of existing mining leases shall likewise have the same rights as that of a contractor: Provided,
That said right shall be coterminous with the expiry dates of the lease.
SAFETY AND ENVIRONMENTAL PROTECTION
All contractors and permittees shall strictly comply with all the mines safety rules and regulations as may
be promulgated by the Secretary concerning the safe and sanitary upkeep of the mining operations and
achieve waste-free and efficient mine development. Personnel of the Department involved in the
implementation of mines safety, health and environmental rules and regulations shall be covered under
Republic Act No. 7305.
Environmental Protection
Every contractor shall undertake an environmental protection and enhancement program covering the
period of the mineral agreement or permit. Such environmental program shall be incorporated in the
work program which the contractor or permittee shall submit as an accompanying document to the
application for a mineral agreement or permit. The work program shall include not only plans relative to
mining operations but also to rehabilitation, regeneration, revegetation and reforestation of mineralized
areas, slope stabilization of mined-out and tailings covered areas, aquaculture, watershed development
and water conservation; and socioeconomic development.
Environmental Impact Assessment (EIA)
Except during the exploration period of a mineral agreement or financial or technical assistance
agreement or an exploration permit, an environmental clearance certificate shall be required based on an
environmental impact assessment and procedures under the Philippine Environmental Impact
Assessment System including Sections 26 and 27 of the Local Government Code of 1991 which require
national government agencies to maintain ecological balance, and prior consultation with the local
government units, non-governmental and peoples organizations and other concerned sectors of the
community: Provided, That a completed ecological profile of the proposed mining area shall also
constitute part of the environmental impact assessment. Peoples organizations and non-governmental
organizations shall be allowed and encouraged to participate in ensuring that contractors/permittees
shall observe all the requirements of environmental protection.
AUXILIARY MINING RIGHTS

60
Timber Rights
Water Rights
Right to Possess Explosives
Easement Rights
Entry into Private Lands and Concession Areas
GOVERNMENT SHARE
Government Sharein Mineral Production Sharing Agreement
The total government share in a mineral production sharing agreement shall be the excise tax on mineral
products as provided in Republic Act No. 7729, amending Section 151(a) of the National Internal
Revenue Code, as amended.
Government Share in Other Mineral Agreements
The share of the Government in co-production and joint-venture agreements shall be negotiated by the
Government and the contractor taking into consideration the:
a. capital investment of the project;
b. risks involved;
c. contribution of the project to the economy; and
d. other factors that will provide for a fair and equitable sharing between the Government and the
contractor.
The Government shall also be entitled to compensations for its other contributions which shall be agreed
upon by the parties, and shall consist, among other things, the contractors income tax, excise tax, special
allowance, withholding tax due from the contractors foreign stockholders arising from dividend or
interest payments to the said foreign stockholders, in case of a foreign national, and all such other taxes,
duties and fees as provided for under existing laws.
The Government share in financial or technical assistance agreement shall consist of, among other things,
the contractors corporate income tax, excise tax, special allowance, withholding tax due from the
contractors foreign stockholders arising from dividend or interest payments to the said foreign
stockholder in case of a foreign national and all such other taxes, duties and fees as provided for under
existing laws.
The collection of Government share in financial or technical assistance agreement shall commence after
the financial or technical assistance agreement contractor has fully recovered its pre-operating expenses,
exploration, and development expenditures, inclusive.
TAXES AND FEES
Income Taxes
Excise Tax on Mineral Products
Mine Wastes and Tailings Fees
A semi-annual fee to be known as mine wastes and tailings fee is hereby imposed on all operating mining
companies in accordance with the implementing rules and regulations. The mine wastes and tailings fee
shall accrue to a reserve fund to be used exclusively for payment for damages.
This is in addition to the suspension or closure of the activities of the contractor at any time and
the penal sanctions imposed upon the same.
The Secretary is authorized to increase mine wastes and tailings fees, when public interest so requires,
upon the recommendation of the Director.
Occupation Fees

61

Illegal Exploration
Any person undertaking exploration work without the necessary exploration permit shall, upon
conviction, be penalized by a fine of not exceeding Fifty thousand pesos (P50,000.00).
Theft of Minerals
Any person extracting minerals and disposing the same without a mining agreement, lease, permit,
license, or steals minerals or ores or the products 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 thousand
pesos (P10,000.00) to Twenty thousand pesos (P20,000.00) or both, at the discretion of the appropriate
court. In addition, he shall be liable to pay damages and compensation for the minerals removed,
extracted, and disposed of. In the case of associations, partnerships, or corporations, the president and
each of the directors thereof shall be responsible for the acts committed by such association, corporation,
or partnership.
Destruction of Mining Structures
Any person who willfully destroys or damages structures in or on the mining area or on the mill sites
shall, upon conviction, be imprisoned for a period not to exceed five (5) years and shall, in addition, pay
compensation for the damages which may have been caused thereby.
Mines Arson
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, upon conviction, by the appropriate court in accordance with the
provisions of the Revised Penal Code and shall, in addition, pay compensation for the damages caused
hereby.
Willful Damage to a Mine
Any person who willfully damages a mine, unlawfully causes water to run 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, or any other things used in a mine, shall be punished, upon conviction, by the
appropriate court, by imprisonment not exceeding a period of five (5) years and shall, in addition, pay
compensation for the damages caused thereby.
Illegal Obstruction to Permittees or Contractors
Any person who, without justifiable cause, prevents or obstructs the holder of any permit, agreement or
lease from undertaking his mining operations shall be punished, upon conviction by the appropriate
court, by a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one (1)
year, or both, at the discretion of the court.
Violation of the Terms and Conditions of the Environmental Compliance Certificate
Any person who willfully violates or grossly neglects to abide by the terms and conditions of the
environmental compliance certificate issued to said person and which causes environmental damage
through pollution shall suffer the penalty of imprisonment of six (6) months to six (6) years or a fine of
Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00), or both, at the
discretion of the court.

62
Illegal Obstruction to Government Officials
Any person who illegally prevents or obstructs the Secretary, the Director or any of their
representatives in the performance of their duties under the provisions of this Act and of the regulations
promulgated hereunder shall be 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) year, or both, at
the discretion of the court.

63
REPUBLIC ACT NO. 7586
[AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED
PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES]
Cognizant of the profound impact of mans activities on all components of the natural environment
particularly the effect of increasing population, resource exploitation and industrial advancement and
recognizing the critical importance of protecting and maintaining the natural biological and physical
diversities of the environment notably on areas with biologically unique features to sustain human life
and development, as well as plant and animal life, it is hereby declared the policy of the State to secure for
the Filipino people of present and future generations the perpetual existence of all native plants and
animals through the establishment of a comprehensive system of integrated protected areas within the
classification of national park as provided for in the Constitution.
It is hereby recognized that these areas, although distinct in features, possess common ecological
values that may be incorporated into a holistic plan representative of our natural heritage; that effective
administration of these areas is possible only through cooperation among national government, local
government and concerned private organizations; that the use and enjoyment of these protected areas
must be consistent with the principles of biological diversity and sustainable development.
The following categories of protected areas are hereby established:
a. Strict nature reserve;
b. Natural park;
c. Natural monument;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserve;
g. Natural biotic areas; and,
h. Other categories established by law, conventions or international agreements which the
Philippine Government is a signatory.
DEFINITION
a. National Integrated Protected Areas Systems (NIPAS) is the classification and administration of all
designated protected areas to maintain essential ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their
natural conditions to the greatest extent possible;
b. Protected area refers to identified portions of land and water set aside by reason of their unique
physical and biological significance, managed to enhance biological diversity and protected against
destructive human exploitation;
c. Buffer zones are identified areas outside the boundaries of and immediately adjacent to designated
protected areas pursuant to Section 8 that need special development control in order to avoid or
minimize harm to the protected area;
e. National park refers to a forest reservation essentially of natural wilderness character which has been
withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved
management plan and set aside as such exclusively to conserve the area or preserve the scenery, the
natural and historic objects, wild animals and plants therein and to provide enjoyment of these features

64
in such areas;
f. Natural monument is a relatively small area focused on protection of small features to protect or
preserve nationally significant natural features on account of their special interest or unique
characteristics;
g. Natural biotic area is an area set aside to allow the way of life of societies living in harmony with the
environment to adapt to modem technology at their pace;
h. Natural park is a relatively large area not materially altered by human activity where extractive
resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national
or international significance for scientific, educational and recreational use;
m. Wildlife sanctuary comprises an area which assures the natural conditions necessary to protect
nationally significant species, groups of species, biotic communities or physical features of the
environment where these may require specific human manipulation for the perpetuation.
Buffer Zones
For each protected area, there shall be established peripheral buffer zones when necessary, in the same
manner as Congress establishes the protected area, to protect the same from activities that will directly
and indirectly harm it. Such buffer zones shall be included in the individual protected area management
plan that shall be prepared for each protected area. The DENR shall exercise its authority over protected
areas as provided in this Act on such area designated as buffer zones.
Environmental Impact Assessment
Proposals for activities which are outside the scope of the management plan for protected areas shall be
subject to an environmental impact assessment as required by law before they are adopted, and the
results thereof shall be taken into consideration in the decision-making process. No actual
implementation of such activities shall be allowed without the required Environmental Compliance
Certificate (ECC) under the Philippine Environment Impact Assessment (EIA) system. In instances where
such activities are allowed to be undertaken, the proponent shall plan and carry them out in such manner
as will minimize any adverse effects and take preventive and remedial action when appropriate. The
proponent shall be liable for any damage due to lack of caution or indiscretion.
Ancestral Lands and Rights Over Them
Ancestral lands and customary rights and interest arising shall be accorded due recognition. The DENR
shall prescribe rules and regulations to govern ancestral lands within protected areas: Provided, That the
DENR shall have no power to evict indigenous communities from their present occupancy nor resettle
them to another area without their consent: Provide, however, That all rules and regulations, whether
adversely affecting said communities or not, shall be subjected to notice and hearing to be participated in
by members of concerned indigenous community.
Prohibited Acts
Except as may be allowed by the nature of their categories and pursuant to rules and regulations
governing the same, the following acts are prohibited within protected areas:

65
a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products
derived therefrom without a permit from the Management Board;
b. Dumping of any waste products detrimental to the protected area, or to the plants and animals
or inhabitants therein;
c. Use of any motorized equipment without a permit from the Management Board;
d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural
communities (of scenic value);
e. Damaging and leaving roads and trails in a damaged condition;
f. Squatting, mineral locating, or otherwise occupying any land;
g. Constructing or maintaining any kind of structure, fence or enclosures, conducting any
business enterprise without a permit;
h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in
bodies of water; and
i. Altering, removing destroying or defacing boundary marks or signs.

66

67
REPUBLIC ACT NO. 7076
AN ACT CREATING A PEOPLE'S SMALL-SCALE MINING PROGRAM AND FOR OTHER PURPOSES.
Sec. 2. Declaration of Policy. It is hereby declared of the State to promote, develop, protect and
rationalize viable small-scale mining activities in order to generate more employment
opportunities and provide an equitable sharing of the nation's wealth and natural resources,
giving due regard to existing rights as herein provided.
DEFINITION
(b) "Small-scale mining" refers to mining activities which rely heavily on manual labor using
simple implement and methods and do not use explosives or heavy mining equipment;
Sec. 4. People's Small-scale Mining Program. For the purpose of carrying out the declared policy
provided in Section 2 hereof, there is hereby established a People's Small-scale Mining Program to be
implemented by the Secretary of the Department of Environment and Natural Resources, hereinafter
called the Department, in coordination with other concerned government agencies, designed to achieve
an orderly, systematic and rational scheme for the small-scale development and utilization of mineral
resources in certain mineral areas in order to address the social, economic, technical, and environmental
connected with small-scale mining activities.
The People's Small-scale Mining Program shall include the following features:
(a) The identification, segregation and reservation of certain mineral lands as people's smallscale mining areas;
(b) The recognition of prior existing rights and productivity;
(c) The encouragement of the formation of cooperatives;
(d) The extension of technical and financial assistance, and other social services;
(e) The extension of assistance in processing and marketing;
(f) The generation of ancillary livelihood activities;
(g) The regulation of the small-scale mining industry with the view to encourage growth and
productivity; and
(h) The efficient collection of government revenue.
Sec. 5. Declaration of People's Small-scale Mining Areas. The Board is hereby authorized to
declare and set aside people's small-scale mining areas in sites onshore suitable for small-scale
mining, subject to review by the Secretary, immediately giving priority to areas already occupied
and actively mined by small-scale miners before August 1, 1987: Provided, That such areas are
not considered as active mining areas: Provided, further, That the minerals found therein are
technically and commercially suitable for small-scale mining activities: Provided, finally, That the
areas are not covered by existing forest rights or reservations and have not been declared as
tourist or marine reserved, parks and wildlife reservations, unless their status as such is
withdrawn by competent authority.

Sec. 6. Future People's Small-scale Mining Areas. The following lands, when suitable for smallscale mining, may be declared by the Board as people's small scale mining areas:

68

(a) Public lands not subject to any existing right;

(b) Public lands covered by existing mining rights which are not active mining areas; and
(c) Private lands, subject to certain rights and conditions, except those with substantial
improvements or in bona fide and regular use as a yard, stockyard, garden, plant nursery,
plantation, cemetery or burial site, or land situated within one hundred meters (100 m.) from
such cemetery or burial site, water reservoir or a separate parcel of land with an area of ten
thousand square meters (10,000 sq. m.) or less.
Sec. 7. Ancestral Lands. No ancestral land may be declared as a people's small-scale mining area
without the prior consent of the cultural communities concerned: Provided, That, if ancestral lands are
declared as people's small-scale mining areas, the members of the cultural communities therein shall be
given
priority
in
the
awarding
of
small-scale
mining
contracts.
Sec. 19. Government Share and Allotment. The revenue to be derived by the Government from the
operation of the mining program herein established shall be subject to the sharing provided in the Local
Government Code.
Sec. 24. Provincial/City Mining Regulatory Board. There is hereby created under the direct
supervision and control of the Secretary a provincial/city mining regulatory board, herein called the
Board, which shall be the implementing agency of the Department, and shall exercise the following
powers and functions, subject to review by the Secretary:
(a) Declare and segregate existing gold-rush areas for small-scale mining;
(b) Reserve future gold and other mining areas for small-scale mining;
(c) Award contracts to small-scale miners;
(d) Formulate and implement rules and regulations related to small-scale mining;
(e) Settle disputes, conflicts or litigations over conflicting claims within a people's small-scale mining
area, an area that is declared a small-mining; and
(f) Perform such other functions as may be necessary to achieve the goals and objectives of this Act.
Sec. 27. Penal Sanctions. Violations of the provisions of this Act or of the rules and regulations issued
pursuant hereto shall be penalized with imprisonment of not less than six (6) months nor more than six
(6) years and shall include the confiscation and seizure of equipment, tools and instruments.

69
REPUBLIC ACT NO. 6969
[AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES PROVIDING
PENALTIES FOR VIOLATIONS THEREOF,AND FOR OTHER PURPOSES]
The Department of Environment and Natural Resources shall be the implementing agency and to
be assisted by Inter-Agency Technical Advisory Council attached to the Department of Environment and
Natural Resources.
This Act shall cover the importation, manufacture, processing, handling, storage, transportation,
sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the
Philippines, including the entry, even in transit, as well as the keeping or storage and disposal of
hazardous and nuclear wastes into the country for whatever purpose.
Prohibited Acts
The following acts and omissions shall be considered unlawful:
a. Knowingly use a chemical substance or mixture which is imported, manufactured, processed or
distributed in violation of this Act or implementing rules and regulations or orders;
b. b. Failure or refusal to submit reports, notices or other information, access to records as required
by this Act, or permit inspection of establishment where chemicals are manufactured, processed,
stored or otherwise held;
c. Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and
d. Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into
Philippine territory, including its maritime economic zones, even in transit, either by means of
land, air or sea transportation or otherwise keeping in storage any amount of hazardous and
nuclear wastes in any part of the Philippines.
Penalty: fines, imprisonment, dismissal from office, confiscation and forfeiture chemical substance and
mstures in favor of government, deportation and barred from entry into the Phils. If foreigner.

70

71
REPUBLIC ACT NO. 3931
AN ACT CREATING THE NATIONAL WATER AND AIR POLLUTION CONTROL COMMISSION
a. Pollution means such alteration of the physical, chemical and/or biological properties of any water
and/or atmospheric air of the Philippines, or any discharge of any liquid, gaseous or solid substance into
any of the waters and/or atmospheric air of the country as will or is likely to create or render such
waters and/or atmospheric air harmful or detrimental or injurious to public health, safety or welfare, or
to domestic, commercial, industrial, agricultural, recreational or other legitimate uses, or to livestock,
wild animals, birds, fish or other aquatic life.
b. Sewage means the water-carried human or animal wastes from residences, buildings,
industrial establishments, or other places, together with such water infiltration and surface water
as may be present. The admixture of sewage as above defined and industrial wastes or other
wastes as hereafter defined, shall be considered sewage.
c. Industrial waste means any liquid, gaseous or solid matter, or other waste substance or a
combination thereof resulting from any process of industry, manufacturing trade or business or
from the development, processing or recovery of any natural resources.
d. Other waste means garbage, refuse, wood residues, sand, lime, cinders, ashes, offal, night-oil, tar, dye
stuffs, acids, chemicals, and other substances not sewage or industrial waste which may cause or tend to
cause pollution or contribute to the pollution of the waters and/or atmospheric air of the Philippines.
e. Sewage system or sewerage system means pipe lines or conduits, pumping stations, force mains,
constructed drainage ditches, and all other construction, devices, and appurtenances used for collecting
or conducting sewage, and industrial waste or other wastes to a point of ultimate disposal or discharge.
Creation of the National Water
and Air Pollution Control Commission;
Members; Compensation; Advisory Council
There is hereby created and established in the Office of the President of the Philippines, the National
Water and Air Pollution Control Commission, with permanent office in the City of Manila. The
Commission shall be composed of the Chairman of the National Science Development Board, as chairman,
and, as members, four part-time commissioners, one of whom shall be an officer of the Department of
Health who shall be designated by the Secretary of Health; another shall be an officer of the Department
of Agriculture and Natural Resources, who shall be designated by the Secretary of Agriculture and
Natural Resources; and the remaining two shall be representatives of the private sector who shall be
appointed by the President of the Philippines with the consent of the Commission on Appointments, one
upon recommendation of the Philippine Council of Science and Technology, and the other upon the
recommendation of the Chamber of Industries of the Philippines; and two full-time commissioners who
shall likewise be appointed by the President of the Philippines, with the consent of the Commission on
Appointments. One of the full-time commissioners shall be a sanitary engineer; and the other a lawyer.
Both shall be least thirty-five years of age and shall each have had at least ten years experience in the
practice of his profession.

72

Prohibitions
No person shall throw, run, drain, or otherwise dispose into any of the water and/or atmospheric air of
the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to see or otherwise dispose into
such waters or atmospheric air, any organic matter or inorganic matter or any substance in gaseous or
liquid form that shall cause pollution of such waters or atmospheric air.
No person shall perform any of the following activities without first securing a permit from the city or
district engineer for the discharge of all industrial wastes and other wastes which are or may be
discharged into the waters or atmospheric air of the Philippines, which could cause pollution thereof:
1. the construction, installation, modification or operation of any sewage works or any extension or
addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive discharge specified under
any existing permit;
3. the construction, installation, or operation of any industrial or commercial establishments or any
extension or modification thereof or addition thereto, the operation of which would cause an increase in
the discharge of wastes directly into the waters or atmospheric air of the Philippines or would otherwise
alter the physical, chemical or biological properties of any waters or atmospheric air of the Philippines in
any manner not already lawfully authorized;
4. the construction or use of any new outlet for the discharge of any waste, gaseous or liquid, directly into
the waters or atmospheric air to the Philippines.
Penalties
Any person who shall violate any of the provisions of Section nine of this Act or who violates any order of
the Commission, shall be liable to a penalty of not to exceed fifty pesos for each day during which the
violation continues, or by imprisonment of from two years to six years, or by both fine and imprisonment
and in addition such person may be required or enjoined from continuing such violation as hereinafter
provided.
Any person who violates any of the provisions of, or fails to perform any duty imposed by this Act, or who
violates an order or other determination of the Commission promulgated pursuant to this Act, thereby
causing the death of fish or other aquatic life, or damages or destroys the natural habitat necessary for
the propagation of fish or other aquatic life, shall in addition to the penalty above prescribed, be liable to
pay the government for damages for fish or other aquatic life destroyed. The Commission after
consultation with fishery officials of the Department of Agriculture and Natural Resources shall, through
a court of competent jurisdiction, bring an action against such person and recover the reasonable value of
the fish or other aquatic life and/or habitat destroyed by such pollution. Any amount so recovered shall
be placed in the funds made available to the Fisheries Commission.
Jurisdiction
The Commission shall have no jurisdiction over waterworks or sewage systems operated by the NAWASA
but rules and regulations issued by the Commission for the protection and prevention of pollution of the
atmospheric air and water of the Philippines under the authority herein granted shall supersede and
prevail over any rules or regulations as may heretofore have been issued by the NAWASA or by the
Department of Health on the same subject matter.

73
REPUBLIC ACT NO. 3571
AN ACT TO PROHIBIT THE CUTTING, DESTROYINGOR INJURING OF PLANTED OR GROWING TREES,
FLOWERING PLANTS AND SHRUBS OR PLANTS OF SCENIC VALUE ALONG PUBLIC ROADS,IN
PLAZAS, PARKS, SCHOOL PREMISESOR IN ANY OTHER PUBLIC GROUND.
SECTION 1. In order to promote and conserve the beauty of objects of scenic and ornamental value along
public places and help preserve cool,fresh and healthful climate, it is the policy of the
Government to cherish, protect and conserve planted or growing trees, flowering plants and shrubs or
plants of ornamental value along public roads, in plazas, parks, school premises or in any public ground.
SEC. 3. No cutting, destroying, or injuring of planted or growing trees, flowering plants and shrubs or
plants of scenic value along public roads, in plazas parks, school premises or in any other public ground
shall be permitted save when the cutting, destroying, or injuring of same is necessary for public safety, or
such pruning of same is necessary to enhance its beauty and only upon the recommendation of the
committee mentioned in the preceding section, and upon the approval of the Director of Parks and
Wildlife. The cutting, destroying, or pruning shall be under the supervision of the committee.
SEC. 4. Any person who shall cut, destroy or injure trees, flowering plants and shrubs or plants of scenic
value mentioned in the preceding sections of this Act, shall be punished by prison correctional in its
minimum period to prison mayor in its minimum period.
PRESIDENTIAL DECREE No. 705 May 19, 1975
REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM CODE
OF THE PHILIPPINES
CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES
Section 68. Cutting, gathering and/or collecting timber or other products without license. Any person
who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber
from alienable and disposable public lands, or from private lands, without any authority under a license
agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished under
Articles 309 and 310 of the Revised Penal Code; Provided, That in the case of partnership, association or
corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such
officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the
part of the Commission on Immigration and Deportation.
The Court shall further order the confiscation in favor of the government of the timber or forest products
to cut, gathered, collected or removed, and the machinery, equipment, implements and tools used therein,
and the forfeiture of his improvements in the area.
The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual
disqualification from acquiring any such privilege shall be imposed upon any licensee, lessee, or
permittee who cuts timber from the licensed or leased area of another, without prejudice to whatever
civil action the latter may bring against the offender.

74

75
PRESIDENTIAL DECREE NO. 2001
ESTABLISHING A PROGRAM TO GRADUALLY WITHDRAW THE USE OF TETRAETHYL LEAD IN
GASOLINE AND, AS SUBSTITUTE THEREFOR, TO USE ETHANOL.
WHEREAS, it has been established that TEL is a poisonous compound of lead that, when expelled
from the exhaust pipes of motor vehicles as particulates and inhaled, is readily absorbed into the
body leading to lead poisoning and various illnesses and, setting quickly out of the air, it
contaminates the soil resulting in increased danger to health; .
WHEREAS, scientific investigations have conclusively shown that lead pollution in the Philippines
is serious and that the adverse consequences of lead intoxication attributable to TEL in gasoline is
grievous, thus increasing concerned in the Philippines about the detrimental effects of free lead in
the atmosphere;
WHEREAS, medical investigations in the Philippines have shown that in the urban areas Filipino
children have been exposed to lead poisoning beyond tolerable medical limits;
WHEREAS, it is imperative for the Philippines to adopt a national program designed to arrest the
dangers posed by TEL nationwide;
WHEREAS, technical duties have shown that ethanol may be produced efficiently from sugar cane
and in existing sugar districts so that, considering the plight of the sugar industry which resulted
from the depressed world prices of sugar, the early implementation of an ethanol program will
produce an additional benefit of providing a new market for the local sugar industry.
Section 1. It is hereby declared to be the policy of the State, in view of the growing world-wide
concern over the harmful effects brought by the use of tetraethyl lead (TEL) in gasoline and as a
measure to protect and safeguard the health of the people against lead poisoning, to eliminate the
use of tetraethyl lead (TEL) in gasoline, and in its stead, to use ethanol.
Sec. 2. In pursuance of the above policy, the Philippine National Alcohol Commission (PNAC),
under the Ministry of Trade and Industry is hereby directed to immediately drawn up a National
Ethanol Program which will cause the gradual withdrawal of the use of TEL in gasoline in blending
ethanol with gasoline beginning with a 5% blend up to 20% blend which maximum blend is to be
attained as soon as practicable but not later than 5 years from date hereof. Such program shall
include the establishment of alcohol distilleries in appropriate locations throughout the country,
with preferential emphasis on sugar central districts in order to ensure adequate supply of
ethanol to support this program.
Sec. 3. The Ministry of Energy is hereby directed to implement a program, consistent with the
rules and regulations drawn up by PNAC, which will cause the oil companies operating in the
Philippines to blend ethanol with gasoline, leading to the phase-out of lead in gasoline.
Sec. 4. The National Pollution Control Commission (NPCC) is hereby directed to coordinate with
PNAC in establishing standards for permissible lead content in the emission of all types of motor
vehicles, NPCC is also hereby directed to enable such standards.

76
PRESIDENTIAL DECREE NO. 1899
January 23, 1984
ESTABLISHING SMALL-SCALE MINING
AS A NEW DIMENSION IN MINERAL DEVELOPMENT
WHEREAS, the Philippine mining industry has always been dominated by large-scale mining
operations; prevailing statutes, policies, incentives and financing are generally addressed to the
large-scale sector of the industry; and capital intensity with high debt-equity ratio, mechanization
and heavy energy requirements characterize such type of operations, whose main attraction is
the attainment of economies of scale through low cost but large tonnage operations;
WHEREAS, the advent of inflation, volatile commodity prices, multiple increases of oil and fuel
prices, stringent environmental control measures and high cost of capital proved to be most
disastrous for Philippine large-scale mines.
SECTION 1. Small-scale mining refers to any single unit mining operation having an annual
production of not more than 50,000 metric tons of ore and satisfying the following requisites:
1. The working is artisanal, either open cast or shallow underground mining, without the use of
sophisticated mining equipment;
2. Minimal investment on infrastructures and processing plant;
3. Heavy reliance on manual labor; and
4. Owned, managed or controlled by an individual or entity qualified under existing mining laws,
rules and regulations.
SECTION 2. The holders of mining rights meeting the conditions of the preceding section may apply at
any time as small-scale mining permittee/licensee, provided they are holders of valid and existing mining
rights, who have subsequently complied with existing mining rights, who have subsequently complied
with existing mining laws, rules and regulations before the promulgation of this Decree. A permit or
license issued for this purpose shall be valid for two (2) years renewable for another like period.
SECTION 3. The permittee or licensee shall produce within twelve (12) months from the date of the
issuance of the permit or license and shall submit verified periodic reports.
Non-compliance with these requirements shall result in the forfeiture of the rights granted under this
Decree.
SECTION 4. The small scale mining permittee/ licensee shall, during the term of the permit or license, be
exempt from payment of all taxes, except income tax.
SECTION 5. The Bureau of Mines and Geo-Sciences shall provide technical assistance, whenever feasible,
as determined by the Director of Mines and Geo-Sciences.
SECTION 6. The Director of Mines and Geo-Sciences may waive some other requirements from other
government agencies, which he may deem unnecessary for the proper implementation of the provisions
of this Decree.
SECTION 7. New mining areas and/or areas covered by existing reservations not covered by valid and
existing mining claims at the time of the promulgation of this Decree shall be governed by the
implementing rules and regulations that shall be hereinafter promulgated.
The permit area falling under this Section, and its immediate vicinity, shall be closed to mining location
and the permittee/licensee shall have the first option to locate such areas under other mining
laws/decrees, which shall be exercised within the period of two (2) years from the grant of the permit or
license to cover an area equivalent to but not exceeding one meridional block.

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PRESIDENTIAL DECREE NO. 1219
(As amended by Presidential Decree No. 1698, 1980)
[PROVIDING FOR THE EXPLORATION,
EXPLOITATION, UTILIZATION AND CONSERVATION OF CORAL RESOURCES].
WHEREAS, it is necessary that the exploration, exploitation, utilization and conservation of these
resources be properly regulated to ensure the preservation of the countrys marine environment;
WHEREAS, conservation of ordinary corals is necessary for the preservation of the natural breeding
ground, habitat or abode of fishes and other marine organisms;
WHEREAS, ordinary corals are natural protection of the shore and adjacent infrastructures against
destructive effects of wave erosion;
Definition of Terms
b. Coral consists of small anemone-like organisms belonging to Phylum Coelenterata which
secrete their own skeletons of various forms that may be hard, soft, stony or horny, and shall
include the following:
Implementing Agency
This Decree shall be implemented by the Bureau of Fisheries and Aquatic Resources, who shall have the
jurisdiction and responsibility in the exploration, exploitation, utilization and conservation of coral
resources.
Ordinary Coral
The gathering, harvesting, collecting, transporting, possession, sale and/or exporting of ordinary corals
either in raw or processed form in any quantity, is prohibited. The use of corals as materials in buildings
and other man-made structures, such as but not limited to piers, dams and dikes, is likewise prohibited.
Gratuitous Permit
The Minister of Natural Resources may issue a gratuitous permit to duly established and recognized
research and educational institutions to gather in limited quantities any coral for scientific or educational
purposes only.
Special Permit
The Minister of Natural Resources may issue a special permit to only one person/corporation for a
limited issue to conduct experimental collection of precious and semi-precious corals.
The applicant for a special permit must be a Filipino citizen, or a corporation, at least seventy (70) per
cent of the capital stock of which is owned or controlled by Filipinos.
Vessels to be used for such operations shall be of Philippine registry. Provided, That if foreign vessels are
used, prior clearance from the government agencies concerned shall first be obtained.
Export of Precious and Semi-precious Coral
Exportation of precious and semi-precious coral gathered is hereby prohibited, unless such corals are
first processed and manufactured into finished products in the Philippines.
Rules and Regulations
The Secretary of Natural Resources shall promulgate the rules and regulations to implement effectively
the provisions of this Decree.

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79
PRESIDENTIAL DECREE NO. 1152
[PHILIPPINE ENVIRONMENT CODE]
AIR QUALITY MANAGEMENT
Purposes
a. to achieve and maintain such levels of air quality as to protect public health; and
b. to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and
property, and promote the social economic development of the country.
Ambient Air Quality Standards
There shall be established ambient air quality standards which shall prescribe the maximum
concentration of air pollutants permissible in the atmosphere consistent with public health, safety and
general welfare.
In the establishment of ambient air quality standards, factors such as local atmospheric conditions,
location and land use, and available technology, shall be considered among others.
Section 4
National Emission Standards
There shall be established national emission standards for new and existing stationary and mobile
sources of pollution which shall consider among others such factors as type of industry, practicable
control technology available, location and land use, and the nature of pollutants emitted.
Section 5
Community Noise Standards
Appropriate standards for community noise levels shall be established considering, among others,
location, zoning and land use classification
Section 6
Standards for Noise-Producing Equipment
There shall be established a standard for noise-producing equipment such as construction equipment,
transportation equipment, stationary engines, and electrical or electronic equipment and such similar
equipment or contrivances. The standard shall set a limit on the acceptable level of noise emitted from a
given equipment for the protection of public health and welfare, considering among others, the
magnitude and condition of use, the degree of noise reduction achievable through the application of best
available technology and the cost of compliance.
The installation of any noise-producing equipment shall conform with the requirements of Presidential
Decree No. 1096 and other applicable laws as well as their implementing rules and regulations.
Section 7
Aircraft Emission and Sonic Booms
Appropriate government agencies shall encourage research studies on the harmful effects of aircraft
emissions in the environment in order to establish permissible emission standards.
Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in
the environment.
Chapter II
Regulation and Enforcement

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Section 8
Air Quality and Noise Standards
National Pollution Control Commission in coordination with appropriate government agencies shall be
responsible for the enforcement of ambient air quality emission and noise standards, including the
monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities,
and the promulgation of appropriate rules and regulations.
Existing air quality emission and noise standards may be revised and/or modified consistent with new
development and technology.
Section 9
Aircraft Noise
Community noise standards around airports shall be implemented by the Civil Aeronautics
Administration in coordination with the National Pollution Control Commission.
Section 10
Vehicular Emission
The Land Transportation Commission, in coordination with the National Pollution Control Commission,
shall implement emission standards for vehicles and may deputize other appropriate law enforcement
agencies for the purpose.
Section 11
Radioactive Emissions
The release and emission of radioactivity into the environment incident to the establishment or
possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage,
use and disposal of radio active materials shall be regulated by the Philippine Atomic Energy Commission
in coordination with other appropriated government agencies.
Chapter III
Monitoring
Section 12
Air Quality Monitoring
The National Pollution Control Commission in coordination with appropriate government agencies, shall
establish to the greatest extent practicable an air quality monitoring network. Such air quality monitoring
network shall put to maximum use the capabilities of these agencies.
The National Environmental Protection Council shall be furnished with the results of air quality
monitoring activities.
Section 13
Weather Modification
The Philippine Atmospheric, Geophysical and Astronomical Services Administration shall monitor
regularly meteorological factors affecting environmental conditions in order to effectively guide air
pollution monitoring activities.
Activities relating to weather modification such as rainfall stimulation and storm seeding experiments
shall be undertaken in consultation or coordination with the Philippine Atmospheric, Geophysical and
Astronomical Services Administration.
TITLE II

81
WATER QUALITY MANAGEMENT
Section 14
Purpose
It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the
quality of Philippine water resources through:
a. classification of Philippine waters;
b. establishment of water quality standards;
c. protection and improvement of the quality of Philippine water resources; and
d. responsibilities for surveillance and mitigation of pollution incidents.
Chapter I
Classification Standards
Section 15
Classification of Philippine Waters
The National Pollution Control Commission, in coordination with appropriate government agencies, shall
classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution
Control Commission shall take into account, among others, the following:
a. the existing quality of the body of water at the time of classification;
b. the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and
c. the most beneficial uses of said bodies of water and lands bordering them for residential, agricultural,
commercial, industrial, navigational, recreational, and aesthetic purposes.
Section 16
Reclassification of Waters
Based on Intended Beneficial Use
Where the public interest so requires, the National Pollution Control Commission, in coordination with
appropriate government agencies, shall reclassify a body of water based on the intended beneficial use
and take such steps as may be necessary to upgrade the quality of said water. Other government agencies
may adopt higher standards for a particular body of water, subject to the approval of the National
Pollution Control Commission.
Section 17
Upgrading of Water Quality
Where the quality of water has deteriorated to a degree where its state will adversely affect its best
usage, the government agencies concerned shall take such measures as may be necessary to upgrade the
quality of such water to meet the prescribed water quality standards.
Section 18
Water Quality Standards
The National Pollution Control Commission shall prescribe quality and effluent standards consistent with
the guidelines set by the National Environmental Protection Council and the classification of waters
prescribed in the preceding sections, taking into consideration, among others, the following:
a. the standard of water quality or purity may vary according to beneficial uses; and
b. the technology relating to water pollution control.
Chapter II
Protection and Improvement of Water Quality

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Section 19
Enforcement and Coordination
The production, utilization, storage and distribution of hazardous, toxic and other substances such as
radioactive materials, heavy metals, pesticides, fertilizers, and oils, and disposal, discharge and dumping
of untreated wastewater, mine-tailings and other substances that may pollute any body of water of the
Philippines resulting from normal operations of industries, water-borne sources, and other human
activities, as well as those resulting from accidental spills and discharges shall be regulated by
appropriate government agencies pursuant to their respective charters and enabling legislations. In the
performance of the above functions, the government agencies concerned shall coordinate with the
National Environmental Protection Council and furnish the latter with such information as may be
necessary to enable it to attain its objectives under Presidential Decree No. 1121.
Section 20
Clean-up Operations
It shall be the responsibility of the polluter to contain, remove and clean-up water pollution incidents at
his own expense. In case of his failure to do so, the government agencies concerned shall undertake
containment, removal and clean-up operations and expenses incurred in said operations shall be charged
against the persons and/or entities responsible for such pollution.
Section 21
Water Quality Monitoring and Surveillance
The various government agencies concerned with environmental protection shall establish to the
greatest extent practicable a water quality surveillance and monitoring network with sufficient stations
and sampling schedules to meet the needs of the country. Said water quality surveillance network shall
put to maximum use the capabilities of such government agencies. Each agency involved in such network
shall report to the National Environment Protection Council the results of these monitoring activities as
the need arises.
TITLE III
LAND USE MANAGEMENT
Section 22
Purposes
The purposes of this Title are:
a. to provide a rational, orderly and efficient acquisition, utilization and disposition of land its resources
in order to derive therefrom maximum benefits; and
b. to encourage the prudent use and conservation of land resources in order to prevent an imbalance
between the nations needs and such resources.
Section 23
National Land Use Scheme
The Human Settlements Commission, in coordination with the appropriate agencies of the government,
shall formulate and recommend to the National Environmental Protection Council a land use scheme
consistent with the purpose of this Title.
The Land Use Scheme shall include, among others, the following:
a. a science-based and technology-oriented land inventory and classification system;
b. a determination of present land uses, the extent to which they are utilized, under-utilized, rendered
idle or abandoned;
c. a comprehensive and accurate determination of the adaptability of the land for community

83
development, agriculture, industry, commerce, and other fields of endeavor;
d. a method of identification of areas where uncontrolled development could result in irreparable
damage to important historic, or aesthetic values, or nature systems or processes of national
significance;
e. a method for exercising control by the appropriate government agencies over the use of land in area of
critical environmental concern and areas impacted by public facilities including, but not limited to,
airports, highways, bridges, ports and wharves, buildings and other infrastructure projects;
f. a method to ensure the consideration of regional development and land use in local regulations;
g. a policy for influencing the location of new communities and methods for assuring appropriate
controls over the use of land around new communities;
h. a system of controls and regulations pertaining to areas and development activities designed to ensure
that any source of pollution will not be located where it would result in a violation of any applicable
environmental pollution control regulations; and
i. a recommended method for the periodic revisions and updating of the national land use scheme to
meet changing conditions.
Section 24
Location of Industries
In the location of industries, factories, plants, depots and similar industrial establishments, the regulating
or enforcing agencies of the government shall take into consideration the social, economic, geographic
and significant environmental impact of said establishments.
TITLE IV
NATURAL RESOURCES MANAGEMENT AND CONSERVATION
Section 25
Purposes
The purpose of this Title are:
a. to provide the basics on the management and conservation of the countrys natural resources to obtain
the optimum benefits therefrom and to preserve the same for the future generations; and
b. to provide general measures through which the aforesaid policy may be carried out effectively.
Chapter I
Fisheries and Aquatic Resources
Section 26
Management Policy
The National government, through the Department of Natural Resources, shall establish a system of
rational exploitation of fisheries and aquatic resources within the Philippine territory and shall
encourage citizen participation therein to maintain and/or enhance the optimum and continuous
productivity of the same.
Section 27
Measures for Rational Exploitation
Measures for the rational exploitation of fisheries and other aquatic resources may include, but shall not
be limited to, the following:
a. undertaking manpower and expertise development;
b. acquiring the necessary facilities and equipment;
c. regulating the marketing of threatened species of fish or other aquatic resources;

84
d. reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with
a view to formulating guidelines for the systematic and effective enforcement thereof; and
e. conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles,
corals, as well as maintaining the mangrove areas, marshes and inland areas, coral reef areas and islands
serving as sanctuaries for fish and other aquatic life.
Chapter II
Wildlife
Section 28
Management Policy
The National Government, through the Department of Natural Resources, shall establish a system of
rational exploitation and conservation of wildlife resources and shall encourage citizen participation in
the maintenance and/or enhancement of their continuous productivity.
Section 29
Measures for Rational Exploitation
Measures for rational exploitation of wildlife resources may include, but shall not be limited to, the
following:
a. regulating the marketing of threatened wildlife resources;
b. reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of
formulating guidelines for the systematic and effective enforcement thereof; and
c. conserving the threatened species of fauna, increasing their rate of production, maintaining their
original habitat, habitat manipulation, determining limits, population control in relation to the carrying
capacity of any given area, banning of indiscriminate and/or destructive means of catching or hunting
them.
Chapter III
Forestry and Soil Conservation
Section 30
Management Policy for Forestry
The National Government, through the Department of Natural Resources shall undertake a system of
rational exploitation forest resources and shall encourage citizen participation therein to keep the
countrys forest resources at maximum productivity at all times.
Section 31
Measures for Rational Exploitation
of Forest Resources
Measures for the rational exploitation of forest resources may include, but shall not be limited to the
following:
a. regulating the marketing of threatened forest resources;
b. reviewing all existing rules and regulations on the exploitation of forest resources with a view of
formulating guidelines for the systematic and efficient enforcement thereof;
c. conserving threatened species of flora as well as increasing their rate of propagation; the banning of
destructive modes of exploitation, kaingin making or shifting cultivation, indiscriminate harvesting of
minor forest products, the recycling methods of waste materials; and
d. carrying out a continuing effort on reforestation; timber stand improvement; forest protection; land

85
classification; forest occupancy management; agri-silviculture; range management; agrisilvicultural/kaingin management; multiple use forest; timber management; and forest research.
Section 32
Management Policy on Soil Conservation
The National Government, through the Department of Natural Resources and the Department
Agriculture, shall likewise undertake a soil conservation program including therein the identification and
protection of critical watershed areas, encouragement of scientific farming techniques, physical and
biological means of soil conservation, and short-term and long-term researches and technology for
effective soil conservation.
Section 33
Use of Fertilizers and Pesticides
The use of fertilizers and pesticides in agriculture shall be regulated, prescribing therefore a tolerance
level in their use. Their use shall be monitored by appropriate government agencies to provide empirical
data for effective regulation.
Chapter IV
Flood Control and Natural Calamities
Section 34
Measures in Flood Control Program
In addition to the pertinent provisions of existing laws, the following shall be included in a soil erosion,
sediment and flood control program:
a. the control of soil erosion on the banks of rivers, the shores or lakes and the sea-shores;
b. the control of flow and flooding in and from rivers and lakes;
c. the conservation of water which, for purposes of this Section shall mean forms of water, but shall not
include captive water;
d. the needs of fisheries and wildlife and all other recreational uses of natural water;
e. measures to control the damming, diversion, taking, and use of natural water, so far as any such act
may affect the quality and availability of natural water for other purposes; and
f. measures to stimulate research in matters relating to natural water and soil conservation and the
application of knowledge thereby acquired.
Section 35
Measures to Mitigate Destructive
Effects of Calamities
The national government, through the Philippine Atmospheric, Geophysical and Astronomical Services
Administration, shall promote intensified and concerted research efforts on weather modification,
typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring
about any significant effect to mitigate or prevent their destructive effects.
Chapter V
Energy Development
Section 36
Policy
Consistent with the environmental protection policies, the national government, through the Energy
Development Board, shall undertake an energy development program encouraging therein the utilization

86
of invariant sources such as solar, wind and tidal energy.
Section 37
Measures for Energy Development
Measures for energy development program may include, but shall not be limited to, the following:
a. setting up pilot plants utilizing invariant sources of energy;
b. training of technical personnel for purposes of energy development; and
c. conducting researches aimed at developing technology for energy development.
Section 38
Safety Measures on Energy Development
Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy
development on the environment. For this purpose, all nuclear powered plants and plants exploring and
utilizing geothermal energy, whether owned or controlled by private or government entities shall:
a. observe internationally accepted standards of safely; and
b. provide safety devises to ensure the health and welfare of their personnel as well as the surrounding
community.
Chapter VI
Conservation and Utilization
of Surface Ground Waters
Section 39
Management Policy
In addition to existing laws, the national government through the National Water Resources Council in
coordination with other appropriate government agencies, shall prescribe measures for the conservation
and improvement of the quality of Philippine water resources and provide for the prevention, control and
abatement of water pollution.
Chapter VII
Mineral Resources
Section 40
Management Policy
The National Government, through the Department of Natural Resources, shall undertake a system of
gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen
participation in this endeavor.
Section 41
Measures for Exploitation
and Utilization of Mineral Resources
Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may
include, but shall not be limited to, the following:
a. increasing research and development in mineral resources technology;
b. training of additional technical manpower needed in geology, geophysics, mining engineering, and
related fields;
c. regulating the exploitation of identified mineral reserves;
d. accelerating the exploitation of undiscovered mineral deposits; and
e. encouraging the establishment of processing plants for refined metal.

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TITLE V
WASTE MANAGEMENT
Section 42
Purposes
The purposes of this Title are:
a. to set guidelines for waste management with a view to ensuring its effectiveness;
b. to encourage, promote and stimulate technological, educational, economic and social efforts to prevent
environmental damage and unnecessary loss of valuable resources of the nation through recovery,
recycling and re-use of wastes and waste products; and
c. to provide measures to guide and encourage appropriate government agencies in establishing sound,
efficient, comprehensive and effective waste management.
Chapter II
Methods of Solid Waste Disposal
Section 45
Solid Waste Disposal
Solid waste disposal shall be by sanitary landfill, incineration, composting, and other methods as may be
approved by competent government authority.
Section 46
Sanitary Landfills
Local governments, including private individuals, corporations or organizations may operate or propose
to operate one or more sanitary landfills. An entity proposing to operate a sanitary landfill shall submit to
the appropriate government agency an operational work plan showing, among other things, a map of the
proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the
equipment or machinery needed to accomplish its operations. In no case shall land-fill or work locations
under this Section be located along any shore or coast-line, or along the banks of rivers and streams,
lakes, throughout their entire length, in violation of any existing rules and regulations.
Section 47
Incineration and Composting Plants
The installation and establishment of incineration or composting plants, or the alteration/modification of
any part thereof shall be regulated by the local governments concerned in coordination with the National
Pollution Control Commission.
Section 48
Disposal Sites
The location of solid waste disposal sites shall conform with existing zoning, land use standards, and
pollution control regulations.
Section 49
Dumping into the Sea and Other Navigable Waters
The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including
shore-lines and river banks, where the wastes are likely to be washed into the water is prohibited.
However, dumping of solid wastes or other materials into the sea or any navigable waters shall be

88
permitted in case of immediate or imminent danger to life and property, subject to the rules and
regulations of the Philippine Coast Guard and the National Pollution Control Commission.
Government agencies and private entities which are undertaking solid waste management programs
shall make consultations with the government agencies concerned with respect to the effects of such
dumping to the marine environment and navigation.
Chapter III
Methods of Liquid Waste Disposal
Section 50
Liquid Waste Disposal
Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated
either physically, biologically or chemically prior to disposal in accordance with the rules and regulations
promulgated by proper government authority.
Section 62
Definition of Terms
As used in this Code.
a. Ambient Air Quality means the average atmospheric purity as distinguished from discharge
measurements taken at the source of pollution. It is the general amount of pollution present in a broad
area.
b. Emission means the act of passing into the atmosphere an air contaminant, pollutant, gas stream and
unwanted sound from a known source.
c. Water Quality means the characteristics of water which define its use in terms of physical, chemical,
and biological contents; hence, the quality of water for domestic use is different from industrial use.
d. Water Quality Surveillance means a close and continuous supervision of the water quality to detect
development, movement, or charges in the characteristics of the water.
e. Water Quality Standard means a plan that is established by governmental authority as a program for
water pollution prevention and abatement. Such standard may include water classification and the
criteria to support the uses of the water.
f. Effluent Standards means restrictions established to limit levels of concentration of physical, chemical,
and biological constituents which are discharged from point sources.
g. Clean-up Operations refers to activities conducted in removing the pollutants discharged or spilled in
water to restore it to pre-spill condition.
h. Accidental Spills refers to spills of oil or other hazardous substances in water that result from
accidents such as collisions and groundings.
i. Areas of Critical Environmental Concern are areas where uncontrolled development could result in
irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of
national significance.
j. Hazardous Substances means elements or compounds which when discharged in any quantity present
imminent or substantial danger to public health and welfare.
k. Areas Impacted by Public Facilities refers to areas where the introduction of public facilities may tend
to induce development and urbanization of more than local significance or impact.
l. Environmental Impact is the alteration, to any degree, of environmental conditions or the creation of a
new set of environmental conditions, adverse or beneficial, to be induced or caused by a proposed
project.
m. Government Agencies refers to national, local and regional agencies and instrumentalities including
government-owned or controlled corporations.

89
PRESIDENTIAL DECREE NO. 984
[PROVIDING FOR THE REVISION OF REPUBLIC ACT NO. 3931, COMMONLY KNOWN AS
THE POLLUTION CONTROL LAW,
AND FOR OTHER PURPOSES]
The revision of Republic Act No. 3931, to be known as the National Pollution Control Decree of
1976, to read as follows:
Section 1
Statement of Policy
It is hereby declared a national policy to prevent, abate and control pollution of water, air and land for the
more effective utilization of the resources of this country.
Section 3
Creation of the National Pollution Control Commission: Members
There is hereby created and established a National Pollution Control Commission under the Office of the
President. The Commission shall be headed by one full-time commissioner and assisted by two full-time
deputy commissioners, one of whom shall be responsible for standard-setting and monitoring and the
other for enforcement.
The Commissioner shall be a man of proven executive ability. The Deputy Commissioner for StandardSetting and Monitoring shall preferably be a sanitary engineer, while the Deputy Commissioner for
Enforcement shall prefarably be a lawyer. The Commissioner and the Deputy Commissioners must have
technical expertise in the field of pollution control.
The Commissioner and the Deputy Commissioners shall be appointed by the President of the Philippines.
Section 8
Prohibitions
No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of
the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise dispose
thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause
pollution thereof.
No person shall perform any of the following activities without first securing a permit from the
Commission for the discharge of all industrial wastes and other wastes which could cause pollution.
1. the construction, installation, modification or operation of any sewage works or any extension or
addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive discharge specified under
any existing permit;
3. the construction, installation or operation of any industrial or commercial establishments or any
extension or modification thereof or addition thereto, the operation of which would cause an increase in
the discharge of waste directly into the water, air and/or land resources of the Philippines or would
otherwise alter their physical, chemical or biological properties in any manner not already lawfully
authorized.

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91
PRESIDENTIAL DECREE NO. 979
[PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE
POLLUTION]
The marine environment and the living organisms which it supports are vital of importance to
humanity, and all people have an interest in assuring that it is managed and protected, and its quality is
not impaired;
The capacity of the sea to assimilate wastes and render them harmless, and its
ability to regenerate natural resources is limited;
The marine pollution originates from many
sources, such as dumping and discharging through the rivers, estuaries, brooks or springs. There is a
need to control public and private activities that cause damage to the marine environment by using the
best practicable means and by developing improved disposal processes to minimize harmful wastes;
There is a urgent need to prevent, mitigate or eliminate the increasing damages to marine
resources as a result of pollution;
Prohibited Acts
Except in cases of emergency imperiling life or property, or unavoidable accident, collision, or stranding
or in any cases which constitute danger to human life or property or a real threat to vessels, aircraft,
platforms, or other man-made structure, or if dumping appears to be the only way of averting the threat
and if there is probability that the damage consequent upon such dumping will be less than would
otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution
Control Commission or the Philippine Coast Guard, it shall be unlawful for any person to:
a. discharge, dump, or suffer, permit the discharge of oil, noxious gaseous and liquid substances and
other harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other manmade structures at sea, by any method, means or manner, into or upon the territorial and inland
navigable waters of the Philippines;
b. throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or deposited
either from or out of any ship, barge, or other floating craft or vessel of any kind, or from the shore, wharf,
manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever
other than that flowing from streets and sewers and passing therefrom in a liquid state into tributary of
any navigable water from which the same shall float or be washed into such navigable water; and
c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any
navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to
be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or
otherwise, whereby navigation shall or may be impeded or obstructed or increase the level of pollution of
such water.
It shall be the primary responsibility of the National Pollution Control Commission to promulgate
national rules and policies governing marine pollution, and to issue the appropriate rules and regulations
upon consultation with the Philippine Coast Guard.
Penalties for Violations
Any person who violates Section 4 of this Decree or any regulations prescribed in pursuance thereof,
shall be liable for a fine or by imprisonment, for each offense, without prejudice to the civil liability of the
offender in accordance with existing laws.
Any vessel from which oil or other harmful substances are discharged in violation of Section 4 or any
regulation prescribed in pursuance thereof, shall be liable for the penalty of fine, and clearance of such
vessel from the port of the Philippines may be withheld until the fine is paid.

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93
EXECUTIVE ORDER NO. 247
PRESCRIBING GUIDELINES AND ESTABLISHING A REGULATORY FRAMEWORK FOR THE
PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES,THEIR BY-PRODUCTS AND
DERIVATIVES,FOR SCIENTIFIC AND COMMERCIAL PURPOSES;AND OTHER PURPOSES
WHEREAS, Section 16, Article II of the Philippine Constitution, vests in the State the ultimate
responsibility to preserve and protect the environment; and Section 2, Article XII, provides that wildlife,
flora and fauna, among others, are owned by the State and the disposition, development and utilization
thereof are under its full control and supervision;
WHEREAS, it is in the interest of the States conservation efforts to ensure that the research, collection,
and use of species, genes and their products be regulated; and to identify and recognize the rights of
indigenous cultural communities and other Philippine communities to their traditional knowledge and
practices when this information is directly and indirectly put to commercial use;
WHEREAS, under Article 16 of the Convention on Biological Diversity of which the Philippines is a party,
each contracting party is mandated to take legislative, administrative or policy measures, as appropriate,
with the aim that contracting parties, in particular those that are developing countries, which provide
genetic resources are provided access to and transfer of technology which makes use of those resources,
on mutually agreed terms, including technology protected by patents and other intellectual property
right;
WHEREAS, the Department of Environment and Natural Resources (DENR) is the primary government
agency responsible for the conservation, management, development, and sustainable use of the countrys
environment and natural resources; the Department of Science and Technology (DOST), the primary
agency mandated to promote local capability in science and technology to achieve technological selfreliance in selected areas vital to national development; the agriculture and aquatic resource
development; the Department of Health (DOH), the agency responsible for the formulation, planning,
implementation, and coordination of policies and programs in the field of health, including the research,
regulation, and development of drugs and medicine; the Department of Foreign Affairs (DFA), the agency
responsible for promoting international relations;
WHEREAS, an inter-agency approach is the most appropriate way of regulating the research, collection,
exploitation and use of biological and genetic resources;
Section 1
Policy of the State
It shall be the policy of the State to regulate the prospecting of biological and genetic resources so that
these resources are protected and conserved, are developed and put to the sustainable use and benefit of
the national interest. Further, it shall promote the development of local capability in science and
technology to achieve technological self-reliance in selected areas.
Section 2
Consent of Indigenous Cultural Communities
a. Prospecting of biological and genetic resources shall be allowed within the ancestral lands and
domains of indigenous cultural communities only with the prior informed consent of such communities;
obtained in accordance with the customary laws of the concerned communities.

94
b. Prospecting of biological and genetic resources shall be allowed only with the prior informed consent
of the concerned local communities.
Section 3
When Research Agreement is Necessary
The prospecting of biological and genetic resources shall be allowed when the person, entity or
corporation, foreign or domestic, undertaking such activities, on recommendation of the Inter-Agency
Committee on Biological and Genetic Resources, has entered into a Research Agreement with the
Philippines government, represented by the DENR, DOH, DA, or DOST, depending on the nature and
character of the prospecting activity. For purposes of this Executive Order, traditional uses of biological
resources by indigenous and local communities shall not require a Research Agreement.
If the research and collection of biological and genetic resources is intended, directly or indirectly for
commercial purposes, the agreement must be a Commercial Research Agreement. For purposes of this
Executive Order, all Research Agreements with private persons and corporations, including all
agreements with foreign or international entities, shall conform with the minimum requirements of a
Commercial Research Agreement.
If the prospecting of biological and genetic materials is intended primarily for academic purposes, the
agreement shall be an Academic Research Agreement. Only duly recognized Philippines universities and
academic institutions, domestic governmental entities, and intergovernmental entities may apply for an
Academic Research Agreement.
Where the Commercial or Academic Collector is merely an agent or merely collecting for another person
or entity, the agreement between the Commercial Collector and the Principal must be reviewed by the
Inter-Agency Body to determine the latter agreement does not undermine the substantive requirements
of this Executive Order.
Section 4
Application for Academic Research Agreement and Commercial Research Agreement
The applicant first submit an application for a Research Agreement to the Inter-Agency Committee on
Biological and Genetic Resources through the Protected Areas and Wildlife Bureau (PAWB). It must
include a research proposal stating the purpose, source of funds, duration, and a list of biological and
genetic materials and the amount to be taken. The requisites for research agreements are in Appendix B.
For Academic Research Agreement, the proposal may be broader and more general in character as
provided in Section 5(m).
A copy of the proposal must be submitted to the recognized head of the local or indigenous cultural
community or communities that may be affected. Action on the proposal shall be made only after 60 days
has lapsed after a copy of the proposal is received by the persons concerned.
Section 5
Minimum Terms of the Commercial Research Agreementand Academic Research Agreement
a. There must be a limit on samples that the Commercial/Academic Collector may obtain and export and
that the approved list and amount of the samples taken from the area must be followed strictly;
b. A complete set of all specimens collected shall be deposited by the Commercial/Academic Collector
with the National Museum or a duly designated governmental entity; Provided that holotypes designated
by the author must be maintained at the National Museum.
c. Access to collected specimens and relevant data shall be allowed to all Filipino citizens and the
Philippine governmental entities whenever these specimens are deposited in depositories abroad;
d. The Commercial/Academic Collector, or in appropriate cases, its Principal, must inform the Philippine
Government, as well as the affected local and indigenous cultural communities all discoveries from the

95
activity conducted in the Philippines, if a commercial product is derived from such activity.
e. The agreement shall include a provision for the payment of royalties to the National Government, local
or indigenous cultural community and individual person or designated beneficiary in case commercial
use is derived from the biological and genetic resources taken. Where appropriate and applicable, other
forms of compensation may be negotiated.
f. There shall be a provision allowing the Philippine government to unilaterally terminate the agreement
whenever the Commercial/Academic Collector has violated any of its terms. The Agreement may also be
revoked on the basis of public interest and welfare;
g. A status report of the research and the ecological state of the area and/or species concerned shall be
submitted to the Inter-Agency Committee regularly as agreed upon;
h. If the Commercial Collector or its Principal is a foreign person or entity, it must be stipulated that
scientists who are citizens of the Philippines must be actively involved in the research and collection
process and, where applicable and appropriate as determined by the Inter-Agency Committee, in the
technological development of a product derived from the biological and/or genetic resources taken from
any area in the Philippines. This involvement shall be at the cost of the Commercial Collector;
i. The Commercial Collector and/or its Principal shall be encouraged to avail of the services of
Philippines universities and academic institutions Where applicable and appropriate, the Commercial
Collector and/or its Principal shall be required to transfer equipment to a Philippine institution or entity.
j. A fixed fee must be paid to the DENR in accordance with a schedule of fees formulated by the InterAgency Committee;
k. The maximum term for a Commercial Research Agreement shall be for three years and renewable
upon review by the Inter-Agency Committee.
l. In case of endemic species, there must be a statement that the technology must be made available to a
designated Philippine institution and can be used commercially and locally without paying royalty to a
Collector or Principal. Provided, however, that where appropriate and applicable, other agreements may
be negotiated.
Provided, further, that the following terms shall be considered in an Academic Research Agreement;
m. The Academic Research Agreement may be comprehensive in scope and cover as many areas as
may be projected. It may stipulate that all scientists and researchers affiliated with a duly recognized
university, academic institution, governmental and intergovernmental entity need not apply for a
different Research Agreement but may conduct research and collection activities in accordance with an
existing Academic Research Agreement. In such cases, the university, academic institution and
governmental entity shall ensure that all terms and conditions of the government are complied with by
the affiliated scientist or researcher. In all cases, the university institution or governmental entity must
ensure that affected communities have given their prior informed consent to the activities to be
undertaken;
n. There must be a provision requiring the Academic Collector to apply for a commercial research
agreement when it becomes clear that the research and collection being done has commercial
prospects;
o. A minimal fee must be paid to the Philippine government in accordance with a schedule of fees by
the Inter-Agency Committee; and
p. The maximum term for an Academic Research Agreement shall be for five years and renewable
upon review by the Inter-Agency Committee.

96

97
DENR ADMINISTRATIVE ORDER NO. 03
IMPLEMENTING GUIDELINES ON THE GRANTING OF PREFERENTIAL TREATMENT TO SMALL
FISHERFOLK RELATIVE TO THE 15-KM MUNICIPAL WATER
WHEREAS, the Philippine Constitution provides for the preferential option for the poorest of the poor
sector of our society;
WHEREAS, the municipal fishing sector, through having a significant contribution to the Philippine
economy, is one of the marginalized sectors in our society;
WHEREAS, 40% of the country's population are found in the coastal areas and 8 to 10 million of them are
directly relying on fisheries for subsistence livelihood;
WHEREAS, 80 percent of these communities are characterized by extreme poverty, lack of alternative
livelihood and inadequate basic service delivery;
WHEREAS, the Local Government Code of 1991 grant organizations and cooperatives of marginal
fisherfolk preferential right to erect corals, oyster, mussel, or aquatic beds or bangus fry areas, within a
definite zone of the municipal waters;
NOW, THEREFORE, pursuant to the directive of the President of the Philippines issued to the Secretaries
of the Department of Agriculture and Department of Interior and Local Government dated 15 March 1996
and in consonance with Section 149 (b) of the LGC of 1991, the following guidelines are hereby issued:
Section 1. Coverage. The 15 KM Municipal water shall include both marine and inland waters.
Section 2. Process of Granting Preferential Right.
a. The Municipality/City Fisheries and Aquatic Resources Management Council (MFARMC) shall
determine a definite zone or zones within the municipal waters for the purpose above provided. The
Sangguniang Bayan/Panlungsod (SB) shall pass a water zoning ordinance based on the determination
made by MFARMC.
b. The MFARMC shall maintain a registry of municipal fisherfolk and their organizations.
c. The SB shall post in the municipality/city hall and at least two (2) other strategic places a notice to
fisherfolks organizations or cooperatives to apply for the rights. The same notice shall be posted in at
least two (2) strategic places in every fishing barangay and announced once a week for four (4)
consecutive weeks.
d. Interested parties shall a period of 45 days from the posting of the notice to signify their intention to
the SB to avail of the preferential right.
e. Should two (2) or more groups signify their intent to avail the right, the MFARMC shall accommodate
them, if possible. If this should not be possible, the MFARMC shall draw up the criteria of selecting
qualified applicants.
f. Only if no qualified applicants who have signified their intent to avail of the right shall other parties be
invited to participate in a public bidding. Provided, however, that the participating bidders should come
from the same municipality/city.
g. The chosen organization or cooperative shall pay a reasonable amount to the municipality or city for
the rights.
Section 3. Repealing Cause. All orders, rules and regulations or parts thereof, inconsistent with the
provisions of this Joint Administrative Order are hereby repealed or modified accordingly.
Section 4. Effectivity. This Order shall take effect immediately upon approval.

98
PROCLAMATION NO. 926
ESTABLISHING SUBIC WATERSHED FOREST RESERVE FOR PURPOSES OF PROTECTING,
MAINTAINING, OR IMPROVING ITS WATERFIELD AND PROVIDING RESTRAINING MECHANISMS
FOR INAPPROPRIATE FOREST EXPLOITATION AND DISRUPTIVE LAND USE,
A CERTAIN PARCEL OF LAND OF THE PUBLIC DOMAIN SITUATED IN THE PROVINCE OF BATAAN,
ISLAND OF LUZON, PHILIPPINES.
Upon recommendation of the Secretary of Environment and Natural Resources and pursuant to the
powers vested in me by law, I, CORAZON C. AQUINO, President of the Philippines, do hereby withdraw
from sale, entry, settlement, exploitation, exploration and other forms of disposition, subject to private
rights, if any there be, and set aside and declare Subic Watershed Forest Reserve to protect and preserve
the rare biological diversity of the flora and fauna therein and keep intact the productive capacity of the
hydrologic unit supplying the developable portions of the Subic Bay Military Reservation, a certain parcel
of the public domain situated in the Province of Bataan, Island of Luzon.
HECTARES.
The said parcel of land shall be part of the watershed reservation and remain under the executive control
and administration of the Secretary of Environment and Natural Resources who is hereby directed to
take all necessary actions within his authority to administer and protect the above mentioned resources
of the said reservation.
Any person who shall collect, cut, gather any forest products, wildlife from the said watershed area
and/or in any manner destroy the biological of the resource natural features therein or interfere with the
sustainable functioning of the water resource shall be punished in accordance with the penalties
prescribed under existing laws, rules and regulations.

99
KYOTO PROTOCOL TO THE
UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE
For the purposes of this Protocol, the definitions contained in Article 1 of the Convention shall apply. In
addition:
2. "Convention" means the United Nations Framework Convention on Climate Change, adopted in New
York on 9 May 1992.
3. "Intergovernmental Panel on Climate Change" means the Intergovernmental Panel on Climate Change
established in 1988 jointly by the World Meteorological Organization and the United Nations
Environment Programme.
4. "Montreal Protocol" means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted
in Montreal on 16 September 1987 and as subsequently adjusted and amended.
Article 2
1. Each Party included in Annex I, in achieving its quantified emission limitation and reduction
commitments under Article 3, in order to promote sustainable development, shall:
(a) Implement and/or further elaborate policies and measures in accordance with its national
circumstances, such as:
(i) Enhancement of energy efficiency in relevant sectors of the national economy;
(ii) Protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the
Montreal Protocol, taking into account its commitments under relevant international environmental
agreements; promotion of sustainable forest management practices, afforestation and reforestation;
(iii) Promotion of sustainable forms of agriculture in light of climate change considerations;
(iv) Research on, and promotion, development and increased use of, new and renewable forms of energy,
of carbon dioxide sequestration technologies and of advanced and innovative environmentally sound
technologies;
(v) Progressive reduction or phasing out of market imperfections, fiscal incentives, tax and duty
exemptions and subsidies in all greenhouse gas emitting sectors that run counter to the objective of the
Convention and application of market instruments;
(vi) Encouragement of appropriate reforms in relevant sectors aimed at promoting policies and measures
which limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol;
(vii) Measures to limit and/or reduce emissions of greenhouse gases not controlled by the Montreal
Protocol in the transport sector;
(viii) Limitation and/or reduction of methane emissions through recovery and use in waste management,
as well as in the production, transport and distribution of energy;

100
(b) Cooperate with other such Parties to enhance the individual and combined effectiveness of their
policies and measures adopted under this Article, pursuant to Article 4, paragraph 2(e)(i), of the
Convention. To this end, these Parties shall take steps to share their experience and exchange
information on such policies and measures, including developing ways of improving their comparability,
transparency and effectiveness. The Conference of the Parties serving as the meeting of the Parties to this
Protocol shall, at its first session or as soon as practicable thereafter, consider ways to facilitate such
cooperation, taking into account all relevant information.
2. The Parties included in Annex I shall pursue limitation or reduction of emissions of greenhouse gases
not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the
International Civil Aviation Organization and the International Maritime Organization, respectively.
3. The Parties included in Annex I shall strive to implement policies and measures under this Article in
such a way as to minimize adverse effects, including the adverse effects of climate change, effects on
international trade, and social, environmental and economic impacts on other Parties, especially
developing country Parties and in particular those identified in Article 4, paragraphs 8 and 9, of the
Convention, taking into account Article 3 of the Convention. The Conference of the Parties serving as the
meeting of the Parties to this Protocol may take further action, as appropriate, to promote the
implementation of the provisions of this paragraph.
4. The Conference of the Parties serving as the meeting of the Parties to this Protocol, if it decides that it
would be beneficial to coordinate any of the policies and measures in paragraph 1(a) above, taking into
account different national circumstances and potential effects, shall consider ways and means to
elaborate the coordination of such policies and measures.
The Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) is
an international treaty that sets binding obligations on industrialized countries to reduce emissions
of greenhouse gases. The UNFCCC is an environmental treaty with the goal of preventing dangerous
anthropogenic (i.e., human-induced) interference of the climate system.[10] According to the UNFCC
website, the Protocol "recognises that developed countries are principally responsible for the current
high levels of GHG emissions in the atmosphere as a result of more than 150 years of industrial activity,
and places a heavier burden on developed nations under the principle of 'common but differentiated
responsibilities'."[11] There are 192 parties to the convention: 191 states (including all the UN members
except Andorra, Canada, South Sudan and the United States) and the European Union.[12] The United
States signed but did not ratify the Protocol and Canada withdrew from it in 2011.[2] The Protocol was
adopted by Parties to the UNFCCC in 1997, and entered into force in 2005.[6]
As part of the Kyoto Protocol, many developed countries have agreed to legally binding
limitations/reductions in their emissions of greenhouse gases in two commitments periods. The first
commitment period applies to emissions between 2008-2012, and the second commitment period
applies to emissions between 2013-2020. The protocol was amended in 2012 to accommodate the
second commitment period,[13][14][15] but this amendment has (as of January 2013) not entered into legal
force.[7]

101
About Greenpeace
Greenpeace exists because this fragile earth deserves a voice. It needs solutions. It needs change.
It needs action.
Greenpeace is an independent global campaigning organisation that acts to change attitudes and
behaviour, to protect and conserve the environment and to promote peace by:

Catalysing an energy revolution to address the number one threat facing our planet: climate change.

Defending our oceans by challenging wasteful and destructive fishing, and creating a global network of
marine reserves.

Protecting the world's ancient forests and the animals, plants and people that depend on them.

Working for disarmament and peace by tackling the causes of conflict and calling for the elimination of
all nuclear weapons.

Creating a toxic free future with safer alternatives to hazardous chemicals in today's products and
manufacturing.

Campaigning for sustainable agriculture by rejecting genetically engineered organisms, protecting

biodiversity and encouraging socially responsible farming.
Greenpeace is present in 40 countries across Europe, the Americas, Asia, Africa and the Pacific.
To maintain its independence, Greenpeace does not accept donations from governments or corporations
but relies on contributions from individual supporters and foundation grants.
Greenpeace has been campaigning against environmental degradation since 1971 when a small boat of
volunteers and journalists sailed into Amchitka, an area north of Alaska where the US Government was
conducting underground nuclear tests. This tradition of 'bearing witness' in a non-violent manner
continues today, and our ships are an important part of all our campaign work.
We exist to expose environmental criminals, and to challenge government and corporations when they
fail to live up to their mandate to safeguard our environment and our future.
In pursuing our mission, we have no permanent allies or enemies. We promote open, informed debate
about society's environmental choices. We use research, lobbying, and quiet diplomacy to pursue our
goals, as well as high-profile, non-violent conflict to raise the level and quality of public debate.
And we believe that the struggle to preserve the future of our planet is not about us. It's about you.
Greenpeace speaks for 2.8 million supporters worldwide, and encourages many millions more than that
to take action every day.
We take the name of our flagship, the Rainbow Warrior, from a North American Cree Indian legend. It
described a time when humanity's greed has made the Earth sick. At that time, a tribe of people known as
the Warriors of the Rainbow would rise up to defend her.
As one of the longest banners we've ever made summed things up, "When the last tree is cut, the last
river poisoned, and the last fish dead, we will discover that we can't eat money..."

102

The Convention on Biological Diversity

The Convention on Biological Diversity, commonly referred to as the Biodiversity Treaty, was one of two
major treaties opened for signature at the United Nations Conference on Environment and Development
(UNCED) in 1992. The treaty defines biodiversity as "the variability among living organisms from all
sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part; this includes diversity within species, between species and of
ecosystems." Parties to the Biodiversity Treaty "affirm sovereign rights over the biological resources
found within their countries, while accepting responsibility for conserving biological diversity and using
biological resources in a sustainable manner," according to an International Union for the Conservation of
Nature (IUCN) assessment of the treaty.
Having secured its 30th ratification in September 1993, the Biodiversity Treaty entered into force
December 29, 1993. One hundred sixty-seven nations have signed the treaty since it was opened for
signature at UNCED. A United Nations press release lists nations that have ratified the treaty as of
December 1993. The full text of the Biodiversity Treaty is also available here.
The CIESIN Thematic Guide section on Biological Diversity discusses the scientific and ecological
concerns addressed by the Biodiversity Treaty. The essay on The Preservation and Management of
Biodiversity describes some of the conservation efforts and agreements that preceded the Biodiversity
Treaty.
One of the most controversial issues addressed by the Biodiversity Treaty is intellectual property rights
related to biological and genetic resources. Groombridge (1992) reviews the state of relevant intellectual
property law and its application to biodiversity prior to the Biodiversity Treaty in an excerpt from Global
Biodiversity. This issue is closely linked to equity issues: Although much of the Earth's biodiversity is
found in developing countries, these countries have not necessarily benefited equally with developed
countries from industrial, medical, agricultural, and other uses of biological and genetic resources. The
treaty, in its article on objectives, commits Parties to "fair and equitable sharing of the benefits arising out
of the utilization of genetic resources." Other treaty articles discuss Access to Genetic Resources, Access
to and Transfer of Technology, and Handling of Biotechnology and Distribution of its Benefits.
A related topic is the role indigenous people play in maintaining biodiversity. Starr and Hardy (1993)
examine the Biodiversity Treaty's treatment of indigenous agricultural practices and the relationship
between indigenous agriculture and biodiversity in "Not by Seeds Alone." This article also contains a
summary of the science of biodiversity and trends through which biodiversity is being diminished
globally.
Another major issue addressed by the treaty is the level of financial commitment required of developed
countries in support of developing countries. After much debate, the Parties agreed Article 20 would
stipulate that "developed country Parties shall provide new and additional financial resources to enable
developing country Parties to meet the agreed full incremental costs to them of implementing" the treaty,
a commitment considered by some to be weaker than that sought by developing nations. Article
21 mandates establishing a mechanism for distributing financial aid to developing countries, but
similarly does not suggest a mandatory funding level. The debate of the Biodiversity Treaty's financial
provisions is detailed in an excerpt from Roberts' (1992) "International Funding for Conservation of
Biodiversity."

103
PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF
POLLUTION FROM SHIPS, 1973, AS AMENDED BY AMENDMENTS OF 1984 AND 1985
Article 1
General obligations under the Convention
(1) The Parties to the Convention undertake to give effect to the provisions of the present Convention and
those Annexes thereto by which they are bound, in order to prevent the pollution of the marine
environment by the discharge of harmful substances or effluents containing such substances in
contravention of the present Convention.
(2) Unless expressly provided otherwise, a reference to the present Convention constitutes at the same
time a reference to its Protocols and to the Annexes.
Article I (PROTOCOL)
General obligations
1. The Parties to the present Protocol undertake to give effect to the provisions of:
(a) the present Protocol and the Annex hereto which shall constitute an integral part of the present
Protocol; and
(b) the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to
as "the Convention"), subject to the modifications and additions set out in the present Protocol.
2. The provisions of the Convention and the present Protocol shall be read and interpreted together as
one single instrument.
3. Every reference to the present Protocol constitutes at the same time a reference to the Annex hereto.
Article 2
Definitions
For the purposes of the present Convention, unless expressly provided otherwise:
(1) "Regulations" means the Regulations contained in the Annexes to the present Convention.
(2) "Harmful substance" means any substance which, if introduced into the sea, is liable to create hazards
to human health, to harm living resources and marine life, to damage amenities or to interfere with other
legitimate uses of the sea, and includes any substance subject to control by the present Convention.
(3) (a) "Discharge", in relation to harmful substances or effluents containing such substances, means any
release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping,
emitting or emptying;
(b) "Discharge" does not include:

104
(i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter, done at London on 13 November 1972; or
(ii) release of harmful substances directly arising from the exploration, exploitation and associated offshore processing of sea-bed mineral resources; or
(iii) release of harmful substances for purposes of legitimate scientific research into pollution abatement
or control.
(4) "Ship" means a vessel of any type whatsoever operating in the marine environment and includes
hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms.
(5) "Administration" means the Government of the State under whose authority the ship is operating.
With respect to a ship entitled to fly a flag of any State, the Administration is the Government of that
State. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea-bed
and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the
purposes of exploration and exploitation of their natural resources, the Administration is the
Government of the coastal State concerned.
(6) "Incident" means an event involving the actual or probably discharge into the sea of a harmful
substance, or effluents containing such a substance.
(7) "Organization" means the Inter-Governmental Maritime Consultative Organization.
Article 3
Application
(1) The present Convention shall apply to:
(a) ships entitled to fly the flag of a Party to the Convention; and
(b) ships not entitled to fly the flag of a party but which operate under the authority of a Party.
(2) Nothing in the present Article shall be construed as derogating from or extending the sovereign rights
of the Parties under international law over the sea-bed and subsoil thereof adjacent to their coasts for the
purposes of exploration and exploitation of their natural resources.
(3) The present Convention shall not apply to any warship, naval auxiliary or other ship owned or
operated by a State and used, for the time being, only on government non-commercial service. However,
each Party shall ensure by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent,
so far as is reasonable and practicable, with the present Convention.
Article 4
Violation
(1) Any violation of the requirements of the present Convention shall be prohibited and sanctions shall
be established therefor under the law of the Administration of the ship concerned wherever the violation

105
occurs. If the Administration is informed of such a violation and is satisfied that sufficient evidence is
available to enable proceedings to be brought in respect of the alleged violation, it shall cause such
proceedings to be taken as soon as possible, in accordance with its law.
(2) Any violation of the requirements of the present Convention within the jurisdiction of any Party to the
Convention shall be prohibited and sanctions shall be established therefor under the law of that Party.
Whenever such a violation occurs, that Party shall either:
(a) cause proceedings to be taken in accordance with its law; or
(b) furnish to the Administration of the ship such information and evidence as may be in its possession
that a violation has occurred.
(3) Where information or evidence with respect to any violation of the present Convention by a ship is
furnished to the Administration of that ship, the Administration shall promptly inform the Party which
has furnished the information or evidence, and the Organization, of the action taken.
(4) The penalties specified under the law of a Party pursuant to the present Article shall be adequate in
severity to discourage violations of the present Convention and shall be equally severe irrespective of
where the violations occur.
Certificates and special rules on inspection of ships
(1) Subject to the provisions of paragraph (2) of the present Article a certificate issued under the
authority of a Party to the Convention in accordance with the provisions of the Regulations shall be
accepted by the other Parties and regarded for all purposes covered by the present Convention as having
the same validity as a certificate issued by them.
(2) A ship required to hold a certificate in accordance with the provisions of the Regulations is subject,
while in the ports or off-shore terminals under the jurisdiction of a Party, to inspection by officers duly
authorized by that Party. Any such inspection shall be limited to verifying that there is on board a valid
certificate, unless there are clear grounds for believing that the condition of the ship or its equipment
does not correspond substantially with the particulars of that certificate. In that case, or if the ship does
not carry a valid certificate, the Party carrying out the inspection shall take such steps as will ensure that
the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the
marine environment. That Party may, however, grant such a ship permission to leave the port or offshore terminal for the purpose of proceeding to the nearest appropriate repair yard available.
(3) If a Party denies a foreign ship entry to the ports or off-shore terminals under its jurisdiction or takes
any action against such a ship for the reasons that the ship does not comply with the provisions of the
present Convention, the Party shall immediately inform the consul or diplomatic representative of the
Party whose flag the ship is entitled to fly, or if this is not possible, the Administration of the ship
concerned. Before denying entry or taking such action the Party may request consultation with the
Administration of the ship concerned. Information shall also be given to the Administration when a ship
does not carry a valid certificate in accordance with the provisions of the Regulations.
(4) With respect to the ships of non-Parties to the Convention, Parties shall apply the requirements of the
present Convention as may be necessary to ensure that no more favourable treatment is given to such
ships.

106
PRESIDENTIAL DECREE NO. 1586
[ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT RELATED MEASURES
AND FOR OTHER PURPOSES]
It is hereby declared the policy of the State to attain and maintain a rational and orderly balance between
socio-economic growth and environmental protection.
There is hereby established an Environmental Impact Statement System founded and based on the
environmental impact statement required, under Section 4 of Presidential Decree No. 1151, of all
agencies and instrumentalities of the national government, including government-owned or controlled
corporations, as well as private corporations, firms and entities, for every proposed project and
undertaking which significantly affect the quality of the environment.
The President of the Philippines may, on his own initiative or upon recommendation of the
National Environmental Protection Council, by proclamation declare certain projects,
undertakings or areas in the country as environmentally critical. No person, partnership or
corporation shall undertake or operate any such declared environmentally critical project or area
without first securing an Environmental Compliance Certificate issued by the President or his
duly authorized representatives. For the proper management of said critical project or area, the
President may by his proclamation reorganize such government offices, agencies, institutions,
corporations or instrumentalities including the re-alignment of government personnel, and their
specific functions and responsibilities.
Critical Projects includes heavy industries, resource extractive industries, infrastructure projects, golf
course projects.
Critical Areas: declared by law as natural parks, watershed reserves, wildlife reserves, and sanctuaries.
Areas for tourist spots and aesthetics, areas constitute as habitat for any endangered species (flora and
fauna) areas of unique historical, archeological, geological or scientific interest, areas occupied by
indigenous people or tribes, those frequently hit by calamities, critical slope, prime agricultural lands,
areas of aquifers, waterbodies, mangrove areas, coral reefs.
Penalty for Violation
Violators shall be punished by the suspension or cancellation of his/its certificate.

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PRESIDENTIAL DECREE NO. 601
December 9, 1974
REVISED COAST GUARD LAW OF 1974
WHEREAS, there is a need to organizationally modify the Philippine Coast Guard to enable it to
discharge its functions more efficiently and effectively;
WHEREAS, there is a need to consolidate functionally related activities into an integrated system
to best promote safety of life and property at sea;
WHEREAS, it is urgently necessary to maintain the present role of the Coast Guard as the guardian
of the sea safety and afford a total approach in its supervision over the Philippine merchant ships
with the end in view of promoting a progressive, reliable and safe merchant marine;
SECTION 2. Coast Guard Objectives - The Philippine Coast Guard created pursuant to Republic Act.
No. 5173 shall have the following general objectives:
a) To enforce or assist in the enforcement of all applicable laws upon the high seas and territorial waters
of the Philippines including all ports, customs zones, waterways and other inland waters;
b) To enforce laws, promulgate and administer regulations for the promotion of safety of life and
property within the maritime jurisdiction of the Philippines;
c) To develop, establish, maintain and operate with due regard to the requirements of national defense
aids to maritime navigation for the promotion of safety on over high seas and territorial waters of the
Philippines;
d) To promulgate, administer and enforce rules and regulations, operate rescue facilities and participate
in behalf of the Philippine government in international conferences for regional cooperation relative to
the promotion of safety of life and property at sea;
e) To provide necessary assistance to government agencies promoting the economic development of the
maritime industry in the Philippines; and
f) To enforce laws, promulgate and administer regulations for marine environmental protection of the
territorial waters of the Philippines.
SECTION 4. Administration and Operation - The Philippine Coast Guard shall be placed under the direct
supervision and control of the Secretary of National Defense.
SECTION 5. Specific Functions - The Philippine Coast Guard shall perform the following functions:
a) To prevent and suppress illegal entry, illegal fishing, illegal gathering of corals and other marine
products, smuggling, other customs frauds and violations of other maritime and fishery laws that may be
committed within the waters of the Philippines and, for this purpose, surveillance and inspection by the
Philippine Coast Guard may be made on vessels entering and/or leaving Philippine territory; Provided,
That any other law enforcement agency may be called upon by the Philippine Coast Guard to render
assistance in the discharge of this function;
b) To approve plans for the construction, repair or alteration of vessels; approve materials, equipment
and appliances; register all types of motorized watercraft plying in Philippine waters; issue certificates if
inspection and/or permits indicating the approval of vessels for operation; issue certificates of Philippine
registry of vessels; administer load line requirements; promulgate and enforce other provisions for the
safety of life and property of vessels; determine the numbering of undocumented vessels; Provided, That
certification and approval of any plans, equipment and any vessels by internationally known
classification societies which are recognized by the Philippine government shall be deemed to have
complied with this Section;

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c) To promulgate and enforce rules for lights, signals, speed, steering, sailing, passing, anchorage,
movement and towlines of vessels and lights and signals in bridges; supervise control and regulate
vessels engaged in the carriage of passengers and dangerous cargo; and regulate the length, method and
speed of tow in bays and rivers of the Philippines;
d) To prescribe and enforce regulations for outfitting and operation of motorboats and the licensing of
motorboats;
e) To destroy or tow in port sunken or floating dangers to navigation, including fish traps at or close to
sea lanes, and to issue permits for the salvage of vessels and to supervise all marine salvage operations as
well as prescribe and enforce rules and regulations governing the same;
f) To establish, develop, operate and maintain aids to navigation and facilities for search and rescue
operations as well as prescribe and enforce rules and regulations relative thereto;
g) To promulgate, administer and enforce rules and regulations giving effect to the provisions of
international conventions for the safety of life and property at sea and to represent the Philippine
government in such conventions in the interest of promoting regional cooperation;
h) To supervise nautical schools and maritime training programs and prescribe minimum requirements
in the conduct of sources in navigation, seamanship, marine engineering and other allied matters in
coordination with the Department of Education and Culture;
i) To establish, maintain and operate a Seaman's Training Center for the training of seafarers for
employment aboard inter-island and ocean-going vessels, and in this connection, to establish, maintain
and operate a registration and placement unit or office for the administration or seaman's affairs;
j) To enforce laws and promulgate rules and regulations governing manning of merchant vessels and
fishing boats as well as those governing citizenship and mustering and drilling of crews requirements,
control of logbooks, shipment, discharge, protection, and welfare of merchant seaman;
k) To quality officers, pilots, major and minor patrons and seaman through proper examinations and
issue licenses and certificates as proof of their qualification, as well as suspend and revoke such licenses
and certificates in accordance with the rules and regulations prescribed by the Commandant of the
Philippine Coast Guard.
l) To prescribe rules and regulations for the training and certification of unlicensed merchant marine
personnel and selected skills in the shipbuilding industry;
m) To enforce laws and promulgate rules and regulations requiring performance of duties of ship owners
and officers after accidents and investigate marine casualties and disasters including those arising from
marine protests relative to the liability of ship owners and officers;
n) To render aid to distressed persons or vessels on the high seas and on waters subject to the
jurisdiction of the Philippines, and in this connection, the Philippine Coast Guard may perform any and all
acts necessary to rescue and aid persons; furnish clothing, food, lodging, medicine and other necessary
supplies and services to persons succored; protect, save, and take charge of all property saved from
marine disasters until such property is delivered to persons authorized to receive it or is otherwise
disposed of in accordance with the law or applicable regulations; and collect and take charge of bodies of
those who may perish in such disasters;
o) To regulate regattas and marine parades;
p) To enforce laws, promulgate and administer rules and regulations for the prevention of marine
pollution within the territorial waters of the Philippines in coordination with the National Pollution
Control Commission;
q) To perform functions pertaining to maritime communications in coordination with the Radio Control
Commission Office and other cognizant agencies, particularly the requirements of international
conventions on Safety of Life at Sea (SOLAS) as regards maritime communications;

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r) To control, operate and manage all privately owned ships, barges and other watercraft of Philippine
registry relative to the movement of strategic materials as the national security and economic interest of
the country may warrant or as ordered by the President or his duly designated representative;
s) To enforce laws and prescribe rules and regulations relative to vessels engaged in the barter trade as
provided in Presidential Decree No. 93;
t) To exercise exclusive jurisdiction over seizure proceedings against vessels apprehended for violations
of the Coast Guard, rules and regulations;
u) To assist within its capabilities and upon request of the appropriate authorities, other government
agencies in the performance of their jurisdiction of the Philippines, relating to matters and activities not
specifically mentioned in this section; Provided, That in the exercise of these functions, personnel of the
Philippine Coast Guard shall be deemed to be acting as agents of the particular department, bureau,
office, agency or instrumentality charged with the enforcement and administration of the particular law.
Members of the Philippine Coast Guard are peace officers for all purposes of this Decree and shall be, and
shall act, as law enforcement agents of the Bureau of Customs, the Bureau of Fisheries and Aquatic
Resources, the Commission on Immigration and Deportation, the Bureau of Internal Revenue, the
National Pollution Control Commission, the Radio Control Office and such other departments, bureaus or
offices in the enforcement of pertinent laws, rules and regulations.
SECTION 6. Organization - The Philippine Coast Guard shall continue to be headed by a Commandant who
shall be a Flag Officer. The Philippine Coast Guard shall be organized into operational units or
subordinate commands for the effective exercise of the functions and duties vested upon it under this
Decree and shall modify or revise such organization to suit the requirements of its functions.
The Marine Safety Division, including the Naval Architecture and Engineering Section, the Maritime
Safety Inspection, the Registration and Licensing section, and the functions of the Hulls and Boilers
Division, the Board of Marine Inquiry as then existing in the Bureau of Customs, and all other agencies or
instrumentalities of the Government, and pertaining any of the functions provided for in sub-paragraph
(c) to (n), inclusive, of Section 3 of RA 5173, which were transferred to the Philippine Coast Guard,
together with their personnel, records, files, supplies, equipment, furniture, funds and other properties,
pursuant to the said Act, shall remain so transferred, including the Lighthouse Service of the Philippine
Navy; Provided, That the Commandant of the Philippine Coast Guard shall have the power to reorganize
these divisions and sections to be responsive to the needs of the Philippine Coast Guard.
SECTION 7. Composition of the Board of Marine Inquiry - The Board of Marine Inquiry shall be composed
of five (5) members to be appointed by the Secretary of National Defense upon the recommendation of
the Commandant, Philippine Coast Guard. Unless otherwise directed by the Secretary of National
Defense, the Board of Marine Inquiry shall be constituted as follows: One Coast Guard line officer of
Captain's rank as Chairman, two Master Mariners, and one Chief Engineer of the Philippine merchant
marine, and one other who shall be a member of the Philippine Bar. The Commandant, Philippine Coast
Guard shall prescribe the rules of procedure for proceedings before the Board of Marine Inquiry. The
members of the Board shall receive a per diem of forty pesos each day of not less than seven hours of
service rendered in connection with marine investigations.
SECTION 8. Organization of the Philippine Merchant Marine Academy - The Philippine Merchant Academy
created pursuant to RA 3680, to include its personnel, funds, records, equipment and other assets, is
hereby placed under the administrative and operational control of the Philippine Coast Guard. The
Academy shall be headed by a Superintendent who shall be appointed by the Secretary of National
Defense upon the recommendation of the Commandant, Philippine Coast Guard.
SECTION 9. Unauthorized Aids to Maritime Navigation - No person, association or corporation shall
establish, erect, or maintain any aid to maritime navigation without first obtaining authorization form the
Philippine Coast Guard in accordance with applicable regulations.

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SECTION 10. Interference with Aids to Navigation - It shall be unlawful for any person, association, or
corporation to remove change, change the location of obstruct, willfully damage, make fast to, or interfere
with any aid to maritime navigation.
SECTION 11. Penal Provision - Any person, association, or corporation that violates any provision of this
Decree, or the rules and regulations promulgated thereunder, shall, upon conviction, be punished with a
fine of not less than two hundred pesos nor more than one thousand pesos or by imprisonment of not
less than thirty days nor more than six months, or both; Provided, That, in case the violation is committed
by an association or corporation, the penalty herein prescribed shall be imposed on the responsible
officers or directors thereof; Provided, finally, That nothing in this Decree shall prevent the Philippine
Coast Guard from providing administrative penalties for violation of any regulation that it promulgates.

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PRESIDENTIAL DECREE NO. 825
November 7, 1975
PROVIDING PENALTY FOR IMPROPER DISPOSAL OF GARBAGE AND OTHER FORMS OF
UNCLEANLINESS AND FOR OTHER PURPOSES.
WHEREAS, one of the principal aims of the New Society is to effect social, economic and political reform
through discipline and order;
WHEREAS, a healthy citizenry is a vital factor in bringing about these reforms; and
WHEREAS, to attain these objectives it becomes the duty of every citizen and resident of the Philippines
to keep his environment or surroundings clean and wholesome;
SECTION 1. Any provision of existing laws to the contrary notwithstanding, all citizens and residents of
Philippines; all universities, colleges and schools and other similar institutions, private as well as public;
all commercial and industrial establishments such as hotels, restaurants, hospitals, cinema houses, public
markets, department stores, groceries and the like; all public conveyances; all residential houses; and all
other establishments of any kind, shall undertake the cleaning of their own surroundings, their yards and
gardens, as well as the canals, roads or streets in their immediate premises.
All garbage, filth and other waste matters, shall be placed in the proper receptacles for the disposition
thereof by garbage collectors.
SECTION 2. Any person, who shall litter or throw garbage, filth, or other waste matters in public places,
such as roads, canals, esteros or parks, shall suffer an imprisonment of not less than 5 days nor more than
one year or a fine of not less than P 100 nor more than P 2,000.00 or both such fine and imprisonment at
the discretion of the Court or tribunal, without prejudice to the imposition of a higher penalty under any
other law or decree.
If the violator is a corporation, firm, or other corporate entities, the maximum penalty shall be imposed
upon the president, manager, director or persons responsible for its operation.
SECTION 3. Owners of the idle lots in Greater Manila are required to keep their idle lots clean to prevent
them from becoming the breeding places of mosquitoes, flies, mice, rats and other scavengers. In the
event of their failure or inability to comply with this obligation, the government shall undertake the
cleaning of said lots at the expense of the owners. The government may, through the Barangay Council,
further utilize the land for its food production program.
SECTION 4. The Secretary of Public Works, Transportation and Communications, with the assistance of
health officials and local governments concerned, shall supervise the implementation of this Decree.
SECTION 5. All provisions of laws, decrees, orders or regulations inconsistent herewith are hereby
amended or modified accordingly.

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REPUBLIC ACT NO. 3931
AN ACT CREATING THE NATIONAL WATER AND AIR POLLUTION CONTROL COMMISSION
Statement of Policy
It is hereby declared a national policy to maintain reasonable standards of purity for the waters and of
this country with their utilization for domestic, agricultural, industrial and other legitimate purposes.
Section 2Definitions. As used in this Act:
a. Pollution means such alteration of the physical, chemical and/or biological properties of any water
and/or atmospheric air of the Philippines, or any discharge of any liquid, gaseous or solid substance into
any of the waters and/or atmospheric air of the country as will or is likely to create or render such
waters and/or atmospheric air harmful or detrimental or injurious to public health, safety or welfare, or
to domestic, commercial, industrial, agricultural, recreational or other legitimate uses, or to livestock,
wild animals, birds, fish or other aquatic life.
b. Sewage means the water-carried human or animal wastes from residences, buildings, industrial
establishments, or other places, together with such water infiltration and surface water as may be
present. The admixture of sewage as above defined and industrial wastes or other wastes as hereafter
defined, shall be considered sewage.
c. Industrial waste means any liquid, gaseous or solid matter, or other waste substance or a combination
thereof resulting from any process of industry, manufacturing trade or business or from the
development, processing or recovery of any natural resources.
d. Other waste means garbage, refuse, wood residues, sand, lime, cinders, ashes, offal, night-oil, tar, dye
stuffs, acids, chemicals, and other substances not sewage or industrial waste which may cause or tend to
cause pollution or contribute to the pollution of the waters and/or atmospheric air of the Philippines.
e. Sewage system or sewerage system means pipe lines or conduits, pumping stations, force mains,
constructed drainage ditches, and all other construction, devices, and appurtenances used for collecting
or conducting sewage, and industrial waste or other wastes to a point of ultimate disposal or discharge.
f. Treatment works means any methods, construction, device or appliances appurtenant thereto,
installed for the purpose of treating neutralizing, stabilizing, disinfecting, or disposing of sewage,
industrial waste or other wastes, or for the recovery of by-product from such sewage, industrial waste or
other wastes.
g. Sewage works means individually or collectively those constructions or devices used for collecting
pumping, treating, and disposing of sewage, industrial waste or other waste, or for the recovery of byproducts from such sewage, industrial waste or other wastes.
h. Outlet means the terminus of a sewage works or point of emergence into the waters and/or
atmospheric air of the Philippines of any sewage, industrial waste or other wastes.
i. Waters of the Philippines means all accumulations of water, surface and underground water, natural or

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artificial, public or private or parts thereof, which are within the Philippines or within its jurisdiction.
j. Atmospheric air of the Philippines means the air within the Philippines or within its jurisdiction.
k. Person or Persons means any individual public or private corporation, political subdivision,
government agency, municipality, public or private institution, industry, co-partnership, association,
firms, trust, or any other entity whatsoever.
l. Stream standards or stream standards means such measure of purity or quality for any waters in the
Philippines in relation to their reasonable and necessary use.
m. Commission means the National Water and Air Pollution Control Commission.
Section 3: Creation of the National Waterand Air Pollution Control Commission;Members;
Compensation; Advisory Council
There is hereby created and established in the Office of the President of the Philippines, the National
Water and Air Pollution Control Commission, with permanent office in the City of Manila. The
Commission shall be composed of the Chairman of the National Science Development Board, as chairman,
and, as members, four part-time commissioners, one of whom shall be an officer of the Department of
Health who shall be designated by the Secretary of Health; another shall be an officer of the Department
of Agriculture and Natural Resources, who shall be designated by the Secretary of Agriculture and
Natural Resources; and the remaining two shall be representatives of the private sector who shall be
appointed by the President of the Philippines with the consent of the Commission on Appointments, one
upon recommendation of the Philippine Council of Science and Technology, and the other upon the
recommendation of the Chamber of Industries of the Philippines; and two full-time commissioners who
shall likewise be appointed by the President of the Philippines, with the consent of the Commission on
Appointments. One of the full-time commissioners shall be a sanitary engineer; and the other a lawyer.
Both shall be least thirty-five years of age and shall each have had at least ten years experience in the
practice of his profession.
The two part-time commissioners representing the private sector and the two full-time commissioners
shall serve for four years and until their successors shall have been appointed and qualified. They may
not be removed except for cause. Upon the death, resignation or removal of any of them, the President
shall appoint a qualified person to fill the vacancy for his unexpired term.
The chairman and members of the commission, except the full-time commissioners, shall receive no
compensation for their services, but they shall receive per diems of fifty pesos each per meeting plus the
necessary traveling expenses incurred in the discharge of their duties as members of the Commission.
The two full-time members shall each receive a yearly compensation of eighteen thousand pesos. They
shall also receive traveling expenses incurred in the discharge of their duties as commissioners.
Section 4: Organization of the Commission:Its Officers; Cooperation with Other Agencies;
Acceptance of Donations
The President of the Philippines shall organize the Commission within thirty days after the
approval of this Act.
The Technical Secretary of the Commission shall be appointed by the Commission. He shall be a

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sanitary engineer with at least five years experience in the technical and administrative field of
engineering. He shall be the active administrator of all water and air pollution control activities of the
Commission. The Technical Secretary shall, during the interim between meetings of the Commission,
handle such correspondence, make or arrange for such inspections and investigations, and obtain,
assemble or prepare such reports and data as the Commission may direct or authorize. His compensation
shall be determined by the Commission.
The Commission shall provide such technical scientific or other services, including the necessary
laboratory and other facilities as may be required for the purpose of carrying out the provisions of this
Act. The basic personnel necessary to carry out the provisions of this Act shall be engineers, chemists,
bio-chemists, physicists, and other technicians: Provided, That the Commission may, by agreement,
secure such services at it may deem necessary from other agencies of the National Government, and may
make arrangements for the compensation of such services. The Commission may also employ and
compensate, within appropriations available therefor, such consultants, experts, advisors, or assistants
on a full or part-time basis as may be necessary, coming from government or private business entities,
associations, or from local or foreign organizations, to carry out the provisions of this Act and may
prescribe their powers, duties, and responsibilities.
The Commission may conduct scientific experiments, investigations and research to discover
economical and practical methods of preventing water and air pollution. To this end, the Commission
may cooperate with any public or private agency in the conduct of such experiments, investigations and
research and may accept, and receipt for sums of money for and in behalf of the National Government,
given by any international, national or other public or private agency for water and air pollution control
activities, surveys or programmes: Provided, That sums of money shall be used only for the purpose for
which they are contributed and any balance remaining after the conclusion of experiments, investigations
and research shall be returned to the contributors. The Commission is authorized to promulgate such
rules and regulations or enter into contracts as it may deem necessary for carrying out the provisions if
this Act.
Section 9: Prohibitions
No person shall throw, run, drain, or otherwise dispose into any of the water and/or atmospheric air of
the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to see or otherwise dispose into
such waters or atmospheric air, any organic matter or inorganic matter or any substance in gaseous or
liquid form that shall cause pollution of such waters or atmospheric air.
No person shall perform any of the following activities without first securing a permit from the city or
district engineer for the discharge of all industrial wastes and other wastes which are or may be
discharged into the waters or atmospheric air of the Philippines, which could cause pollution thereof:
1. the construction, installation, modification or operation of any sewage works or any extension
or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive discharge specified
under any existing permit;
3. the construction, installation, or operation of any industrial or commercial establishments or
any extension or modification thereof or addition thereto, the operation of which would cause an
increase in the discharge of wastes directly into the waters or atmospheric air of the Philippines or would
otherwise alter the physical, chemical or biological properties of any waters or atmospheric air of the
Philippines in any manner not already lawfully authorized;

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4. the construction or use of any new outlet for the discharge of any waste, gaseous or liquid,
directly into the waters or atmospheric air to the Philippines.

Section 10: Penalties

Any person who shall violate any of the provisions of Section nine of this Act or who violates any order of
the Commission, shall be liable to a penalty of not to exceed fifty pesos for each day during which the
violation continues, or by imprisonment of from two years to six years, or by both fine and imprisonment
and in addition such person may be required or enjoined from continuing such violation as hereinafter
provided.
Any person who violates any of the provisions of, or fails to perform any duty imposed by this Act, or who
violates an order or other determination of the Commission promulgated pursuant to this Act, thereby
causing the death of fish or other aquatic life, or damages or destroys the natural habitat necessary for
the propagation of fish or other aquatic life, shall in addition to the penalty above prescribed, be liable to
pay the government for damages for fish or other aquatic life destroyed. The Commission after
consultation with fishery officials of the Department of Agriculture and Natural Resources shall, through
a court of competent jurisdiction, bring an action against such person and recover the reasonable value of
the fish or other aquatic life and/or habitat destroyed by such pollution. Any amount so recovered shall
be placed in the funds made available to the Fisheries Commission.

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Republic Act No. 9483

June 02, 2007

AN ACT PROVIDING FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE 1992 INTERNATIONAL
CONVENTI0N ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE AND THE 1992 INTERNATIONAL CONVENTION
ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE,
PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES
SEC. 2. Declaration of Policy. - The State, in the protection of its marine wealth in its archipelagic waters, territorial sea
and exclusive economic zone, adopts internationally accepted measures which impose strict liability for Oil Pollution
Damage and ensure prompt and adequate compensation for persons who suffer such damage. This Act adopts and
implements the provisions of the 1992 International Convention on Civil Liability for Oil Pollution Damage and the 1992
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage.
SEC. 3. Definition of Terms. - For the purpose of this Act:

(c) "MARINA" means Maritime Industry Authority;

(g) "Contributing Oil" means crude Oil and fuel Oil as herein defined:
(1) "Crude Oil" means any liquid hydrocarbon mixture occurring naturally in the earth whether or not
treated to render it suitable for transportation. It also includes crude Oils from which certain distillate
fractions have been removed (which sometimes referred to as "topped crudes") or to which certain
distillate fractions have been added (sometimes referred to as "spiked" or "reconstituted" crudes);
and
(2) "Fuel Oil" means heavy distillates or residues from crude Oil or blends of such materials intended
for use as fuel for the production of heat or power of a quality equivalent to the "American Society for
Testing and Materials Specification for Number Four Fuel Oil (Designation D 396-69)" or heavier;
(l) "Pollution Damage" means:
(1) Loss or damage caused outside the Ship by contamination resulting from the escape or
discharge of Oil from the Ship, wherever such escape or discharge may occur: Provided, That
compensation for impairment of the environment other than loss of profit from such impairment shall
be limited to costs of reasonable measures of reinstatement actually undertaken or to be
undertaken; and
(2) The costs of preventive measures and further loss or damage caused by preventive measure;
(o) "State of the Ships registry" means in relation to registered Ships, the State of registration of the Ship
and in relation to unregistered Ships, the State whose flag the Ship is flying; and
(p) "Subsidiary Corporation" means a corporation in which control, in the form of ownership of majority
shares, is in another corporation, called the parent corporation.
SEC. 4. Incorporation of the 1992 Civil Liability Convention and 1992 Fund Convention. - Subject to the provisions
of this Act, the 1992 Civil Liability Convention and 1992 Fund Convention and their subsequent amendments shall form
part of the law of the Republic of the Philippines.
SEC. 5 Scope of Application. - This law shall apply exclusively to Pollution Damage caused in Philippine territory,
including its territorial sea and its exclusive economic zone, and to preventive measures, wherever taken, to prevent or
minimize such damage.
CHAPTER II
STRICT LIABILITY FOR OIL POLLUTION DAMAGE

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SEC. 6. Liability on Pollution Damage. - The Owner of the Ship at the time of an Incident, or where the Incident consists
of a series of occurrences, at the time of the first such occurrence, shall be liable for any Pollution Damage caused by the
Ship as a result of the Incident. Such damages shall include, but not limited to:

(a) Reasonable expenses actually incurred in clean-up operations at sea or on shore;

(b) Reasonable expenses of Preventive Measures and further loss or damage caused by preventive
measures;
(c) Consequential loss or loss of earnings suffered by Owners or users of property contaminated or
damaged as a direct result of an Incident;
(d) Pure economic loss or loss of earnings sustained by persons although the property contaminated or
damaged as a direct result of an Incident does not belong to them;
(e) Damage to human health or loss of life as a direct result of the Incident, including expenses for
rehabilitation and recuperation: Provided, That costs of studies or diagnoses to determine the long-term
damage shall also be included; and
(f) Environmental damages and other reasonable measures of environmental restoration.
SEC. 7. Exempting Circumstances. - No liability as stated in the immediately preceding section shall attach to the
Owner or his insurer if he proves that the damage:

(a) Resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional,
inevitable and irresistible character;
(b) Was wholly caused by an act or omission done with intent to cause damage by third party; and
(c) Was wholly caused by the negligence or other wrongful act of the government or other enforcement
agencies responsible for the maintenance of lights or other navigational aids in the exercise of that function.
If the Owner proves that the Pollution Damage resulted wholly or partially either from an act or omission
done with intent to cause damage by the person who suffered the damage or from the negligence of that
person, the Owner may be exonerated wholly or partially from his liability to such person.
SEC. 8. Persons Exempted from Claims for Compensation for Pollution Damage. - No claim for compensation
Pollution Damage under this Act may be made against:

(a) The servants or agents of the Owner or the members of the crew;
(b) The pilot or any other person who, without being a member of the crew, performs services for the Ship;
(c) Any charterer, howsoever described, including a bareboat charterer, manager or operator of the Ship;
(d) Any person performing salvage operations with the consent of the Owner or on the instructions of a
competent public authority;
(e) Any person taking Preventive Measures; and
(f) All servants or agents of persons mentioned in paragraphs (c), (d) and (e) hereof, unless the damage
resulted from their personal act or omission, committed with the intent to cause such damage, or committed
recklessly and with knowledge that such damage would probably result: Provided, That nothing in this Act
shall prejudice any right of recourse of the Owner against third parties.
SEC. 9. Joint and Several Liability. - When an Incident involving two or more Ships occurs and Pollution Damage
results therefrom, the Owners of all the Ships concerned, unless exonerated under Section 7 hereof, shall be jointly and

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severally liable for all such damage which is not reasonably separable, without prejudice, however, to the right of recourse
of any of such Owners to proceed against each other or third parties.
CHAPTER V
CONTRIBUTION TO THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND
SEC. 15. Contributions to the International Oil Pollution Compensation (IOPC) Fund. - Any person who has received
more than one hundred fifty thousand (150,000) tons of contributing Oil in a calendar year in all ports or terminal
installations in the Philippines through carriage by sea, shall pay contributions to the International Oil Pollution
Compensation (IOPC) Fund in accordance with the provisions of the 1992 Fund Convention.
A person shall be deemed to have received contributing Oil, for contribution purposes, if he received the same:

(a) From another country; or

(b) From another port or terminal installation within the Philippines, notwithstanding that it had already been
previously received by him.
Where the quantity of contributing Oil received by any person in the Philippines in a calendar year, when aggregated with
the quantity of contributing Oil received in the Philippines in that year by its subsidiary or affiliate corporation, exceeds one
hundred fifty thousand (150,000) tons, said person, including its subsidiaries, shall pay contributions in respect of the
actual quantity received by each, notwithstanding that the actual quantity received by each did not exceed one hundred f
a y thousand (150,000) tons.
CHAPTER VI
ACTION FOR COMPENSATION
SEC. 17. Action for Compensation. - An action for compensation on account of Pollution Damage resulting from the
Incident which occurred in the territory may be brought before the RTC against the following persons:

(a) Owner of the polluting Ship; or

(b) Insurer or other person providing financial security of the said Owners liability for pollution.
For this purpose, foreign corporation, partnership, association or individual, whether or not licensed to transact business in
the Philippines by any appropriate government agencies, providing such insurance or financial security for Pollution
Damage shall be considered transacting or doing business in the Philippines and shall be subject to the jurisdiction of the
regular judicial courts of the country.
Such action shall be filed within three years of the date on which the damage occurred, but not later than six years of the
date of the Incident.
The PCG shall investigate, motuproprio or through compensation or violation of this Act, and shall forthwith file
appropriate action with the RTC.
It shall likewise provide the complainant necessary technical evidence or any assistance, whether or not testimonial or
documentary, insofar as the claim for compensation or violation of this Act is concerned.
Filing of the action under this section shall only require payment of filing fees equivalent to ten percentum (10%) of the
regular rates established therefore by the Supreme Court of the Philippines. However, indigent plaintiff shall be exempt
from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be
furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a
lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides.
SEC. 18. Adjudication or Settlement of Claims. - The RTC shall decide claims for compensation or certify the
compromise agreement by the parties within a reasonable period.

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Where compensation was not obtained or satisfied under the 1992 Civil Liability Convention, the claimant may seek
compensation under the 1992 Fund Convention. The RTC shall furnish the IOPC Fund with its certified decision, together
with pertinent documents, on a claim for Pollution Damages.
Where the fund under the 1992 Civil Liability Convention is insufficient to satisfy the claims of those who are entitled to
compensation, the amount of compensation of each claimant shall be distributed pro rata.
SEC. 19. Intervention by the IOPC Fund - The IOPC Fund may intervene as a party to any legal proceedings instituted
against the Owner of a Ship or his guarantor under Article IX of the 1992 Civil Liability Convention.
CHAPTER VII
PENALTY PROVISIONS
SEC. 20. Violation of the Act. - The following acts shall be considered violations of the Act and the persons responsible
shall suffer the corresponding fines:

(a) Any person who fails to institute or maintain insurance or other financial security required under Section
12 of this Act;
(b) The Owner and the master of a Ship who operate a Ship without maintaining on board a certificate of
insurance required under Section 13 of this Act:
(c) Any person required under Section 15 of this Act to contribute to the IOPC Fund but nevertheless fails to
comply therewith after due notice by the MARINA
(d) Failure to Submit Report of Contributing Oil. - Any person required under Section 16 of this Act to submit
report of contributing Oil and notwithstanding l0.day notice thereto, fails to comply therewith:
(e) Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the
Department or any person authorized under this Act aboard any Ship or establishment pursuant to this Act
shall be liable to pay a fine not exceeding One hundred thousand pesos (P100,000.00); and
(f) Any Ship apprehended for violation of this Act may be subjected to detention.
The fines prescribed in this Section and other sections of this Chapter shall be increased by at least ten percent (10%)
every three years to compensate for inflation and to maintain the deterrent function of such fines.
SEC. 21. Institutional Mechanism. - The DOTC shall be the lead implementing agency unless otherwise provided in this
Act.

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REPUBLIC ACT NO. 8178
AN ACT REPLACING QUANTITATIVE IMPORT RESTRICTIONS ON AGRICULTURAL PRODUCTS,
EXCEPT RICE, WITH TARIFFS, CREATING THE AGRICULTURAL COMPETITIVENESS ENHANCEMENT
FUND, AND FOR OTHER PURPOSES
SECTION 1. Title. This Act shall be known as the "Agricultural Tariffication Act."
SEC. 2. Declaration of Policy. It is the policy of the State to make the country's agricultural sector viable,
efficient and globally competitive. The State adopts the use of tariffs in lieu of non-tariff import
restrictions to protect local producers of agricultural products, except in the case of rice, which will
continue to have quantitative import restrictions.
Consistent with the constitutional mandate of protecting Filipino firms against unfair trade, it is
furthermore the policy of the State to employ anti-dumping and countervailing measures to protect local
producers from unfair trade practices, rather than use quantitative import restrictions.
To help the agricultural sector compete globally, the State shall seek to raise farm productivity
levels by providing the necessary support services such as, but not limited to, irrigation, farm-to-market
roads, post-harvest equipment and facilities, credit, research and development, extension services, other
market infrastructure and market information.
SEC. 3. Definition of Terms. The following definitions apply to the terms used in this Act:
(a) "Agricultural products" shall have the same meaning as agricultural products under Chapters 1-24 of
Presidential Decree No. 1464, otherwise known as the Tariff and Customs Code of the Philippines, as
amended.
(b) "Applied rate" is the rate of import duty that is actually used by Customs authorities in the collection
of Customs revenues.
(c) "Bound rate" refers to maximum limits on tariffs on products committed by the Philippines to the
World Trade Organization (WTO) under the Uruguay Round Final Act.
(d) "In-Quota Tariff Rate" refers to the tariff rates for minimum access volumes committed by the
Philippines to the World Trade Organization (WTO) under the Uruguay Round Final Act.
(e) "Minimum Access Volume" refers to the volume of a specific agricultural product that is allowed to be
imported with a lower tariff as committed by the Philippines to the World Trade Organization (WTO)
under the Uruguay Round Final Act.
(f) "Quantitative Import Restrictions" refers to non-tariff restrictions used to limit the amount of
imported commodities, including but not limited to discretionary import licensing and import quotas,
whether qualified or absolute.
(g) "Tariff" refers to a tax levied on a commodity imported from another country. It earns revenues for
the government and regarded as instruments to promote local industries by taxing their competitors. The
benefit is accorded to the local producers by the maintenance of a domestic price at a level equal to the
world price plus the tariff.
(h) "Tariffication" refers to the lifting of all existing quantitative restrictions such as import quotas or
prohibitions, imposed on agricultural products, and replacing these restrictions with tariffs.3
SEC. 4. Repeal. The following laws and all other laws or provisions of law prescribing quantitative
import restrictions or granting government agencies the power to impose such restrictions on
agricultural products, except rice, are hereby repealed:
(1) Republic Act No. 1296, entitled: "An Act to Prohibit the Importation of Onions, Potatoes, Garlic, and
Cabbages, Except for Seedling Purposes, and to Provide Penalties for the Violation Thereof";
(2) Republic Act No. 2712, entitled: "An Act to Prohibit the Importation of Coffee";
(3) Presidential Decree No. 1297, as amended, entitled: "Centralizing the Importation of Ruminants for
Breeding, Slaughter and Beef";

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(4) Paragraph 10 of Section 23 of Republic Act No. 7607, entitled: "An Act Providing a Magna Carta for
Small Farmers";
(5) Paragraph (a) of Section 15 of Republic Act No. 7308, entitled: "Seed Industry Development Act";
(6) Section 4 of Republic Act No. 4155, as amended, entitled: "An Act to Promote and Strengthen the
Virginia Tobacco Industry"; and
(7) Presidential Decree No. 1483, entitled: "Authorizing the Importation of Foreign Cigar Leaf Tobacco for
Blending Purposes."
SEC. 6. Tariffication. In lieu of quantitative restrictions, the maximum bound rates committed under the
Uruguay Round Final Act shall be imposed on the agricultural products whose quantitative restrictions
are repealed by this Act. The President shall issue the corresponding tariffs beginning 1996 up to year
2000: Provided, That the schedule of the initial and final applied rates shall be consistent with the
country's tariff binding commitments.
In case of shortages or abnormal price increases in agricultural products, whose quantitative restrictions
are lifted under this Act, the President may propose to Congress, revisions, modifications or adjustments
of the Minimum Access Volume (MAV): Provided, however, That in the event Congress fails to act after
fifteen (15) days from receipt of the proposal, the same shall be deemed approved.
SEC. 7. Mechanism for the Implementation of Minimum Access Volume (MAV). An equitable and
transparent mechanism for allocating the Minimum Access Volume (MAV) of agricultural products,
whose quantitative restrictions are herein lifted, shall be developed and established, having the least
government intervention, addressing the requirements of each geographical area, and without entailing
any cost to importers/users of these products to the detriment of local consumers and other end-users.
For this purpose and in accordance with the abovementioned guiding principles, the Cabinet Committee
created by Memorandum Order No. 245 dated December 13, 1994 to oversee and manage the minimum
access quotas committed by the Philippines under the General Agreement on Tariffs and Trade Uruguay
Round with the inclusion of the National Economic and Development Authority (NEDA), and in
consultation with all concerned agricultural farmer/producer/processor/importer groups, shall submit
to Congress within a period of sixty (60) days from the effectivity of this Act, the appropriate mechanism
for the implementation of the minimum access volumes.
SEC. 8. Agricultural Competitiveness Enhancement Fund.
To implement the policy enunciated in this Act, there is hereby created the Agricultural
Competitiveness Enhancement Fund, hereinafter referred to as the Fund. The proceeds of the
importation of minimum access volume shall accrue to the General Fund and shall be deposited with the
National Treasury. The entire proceeds shall be set aside and earmarked by Congress for irrigation, farmto-market roads, post-harvest equipment and facilities, credit, research and development, other
marketing infrastructure, provision of market information, retraining, extension services, and other
forms of assistance and support to the agricultural sector.
The Committees on Agriculture and Food, Appropriations and Finance of both the Senate and the House
of Representatives shall conduct a periodic review of the use of the Fund. The Fund shall have a life of
nine (9) years, after which all remaining balances shall revert to the General Fund.

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REPUBLIC ACT NO. 9147
July 30, 2001
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND
THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Sec. 2. Declaration of Policy. It shall be the policy of the State to conserve the country's wildlife resources
and their habitats for sustainability. In the pursuit of this policy, this Act shall have the following
objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance
biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity.
Sec. 3. Scope of Application. The provisions of this Act shall be enforceable for all wildlife species found in
all areas of the country, including protected areas under Republic Act No. 7586, otherwise known as the
National Integrated Protected Areas System (NIPAS) Act, and critical habitats. This Act shall also apply to
exotic species which are subject to trade, are cultured, maintained and/or bred in captivity or propagated
in the country.
Sec. 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of
Agriculture. The Department of Environment and Natural Resources (DENR) shall have jurisdiction over
all terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not
limited to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA)
shall have jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not
limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The
secretaries of the DENR and the DA shall review, and by joint administrative order, revise and regularly
update the list of species under their respective jurisdiction. In the Province of Palawan, jurisdiction
herein conferred is vested to the Palawan Council for Sustainable Development pursuant to Republic Act
No. 7611.
DEFINITION OF TERMS
Sec. 5. Definition of Terms. As used in the Act, the term:
(a) "Bioprospecting" means the research, collection and utilization of biological and genetic resources for
purposes of applying the knowledge derived there from solely for commercial purposes;
(b) "By-product or derivatives" means any part taken or substance extracted from wildlife, in raw or in
processed form. This includes stuffed animals and herbarium specimens;
(c) "Captive-breeding/culture or propagation" means the process of producing individuals under
controlled conditions or with human interventions;
(d) "Collection or collecting" means the act of gathering or harvesting wildlife, its by-products or
derivatives;
(e) "Conservation" means preservation and sustainable utilization of wildlife, and/or maintenance,
restoration and enhancement of the habitat;

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(f) "Critically endangered species" refers to a species or subspecies that is facing extremely high risk of
extinction in the wild in the immediate future;
(g) "Economically important species" means species or subspecies which have actual or potential value in
trade or utilization for commercial purpose;
(h) "Endangered species" refers to species or subspecies that is not critically endangered but whose
survival in the wild is unlikely if the causal factors continue operating;
(i) "Endemic species" Means species or subspecies which is naturally occurring and found only within
specific areas in the country;
(j) "Exotic species" means species or subspecies which do not naturally occur in the country;
(k) "Export permit" refers to a permit authorizing an individual to bring out wildlife from the Philippines
to any other country;
(l) "Gratuitous permit" means permit issued to any individual or entity engaged in noncommercial
scientific, or educational undertaking to collect wildlife;
(m) "Habitat" means place or environment where species or subspecies naturally occur or has naturally
established its population;
(n) "Import permit" refers to a permit authorizing an individual to bring in wildlife from another country;
(o) "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or has naturally
established population in the country;
(p) "Introduction" means bringing species into the wild that is outside its natural habitat;
(q) "Reexport permit" refers to a permit authorizing an individual to bring out of the country a previous
imported wildlife;
(r) "Secretary" means either or both the Secretary of the Department of Environment and Natural
Resources and the Secretary of the Department of Agriculture;
(s) "Threatened species" a general term to denote species or subspecies considered as critically
endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk
of extinction;
(t) "Trade" means the act of engaging in the exchange, exportation or importation, purchase or sale of
wildlife, their derivatives or by-products, locally or internationally;
(u) "Traditional use" means utilization of wildlife by indigenous people in accordance with written or
unwritten rules, usage, customs and practices traditionally observed, accepted and recognized by them;
(v) "Transport permit" means a permit issued authorizing an individual to bring wildlife from one place
to another within the territorial jurisdiction of the Philippines;

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(w) "Vulnerable species" refers to species or subspecies that is not critically endangered nor endangered
but is under threat from adverse factors throughout their range and is likely to move to the endangered
category in the near future;
(x) "Wildlife" means wild forms and varieties of flora and fauna, in all developmental stages, including
those which are in captivity or are being bred or propagated;
(y) "Wildlife collector's permit" means a permit to take or collect from the wild certain species and
quantities of wildlife for commercial purposes; and
(z) "Wildlife farm/culture permit" means a permit to develop, operate and maintain a wildlife breeding
farm for conservation, trade and/or scientific purposes.
CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
ARTICLE ONE
Sec. 6. Wildlife Information. All activities, as subsequently manifested under this Chapter, shall be
authorized by the Secretary upon proper evaluation of best available information or scientific data
showing that the activity is, or for a purpose, not detrimental to the survival of the species or subspecies
involved and/or their habitat. For this purpose, the Secretary shall regularly update wildlife information
through research.
Sec. 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance with Sec. 6 of this
Act: Provided, That in the collection of wildlife, appropriate and acceptable wildlife collection techniques
with least or no detrimental effects to the existing wildlife populations and their habitats shall, likewise,
be required: Provided, further, That collection of wildlife by indigenous people may be allowed for
traditional use and not primarily for trade: Provided, furthermore, That collection and utilization for said
purpose shall not cover threatened species: Provided, finally, That Sec. 23 of this Act shall govern the
collection of threatened species.
Sec. 8. Possession of Wildlife. - No person or entity shall be allowed possession of wildlife unless such
person or entity can prove financial and technical capability and facility to maintain said
wildlife: Provided,
That the source was not obtained in violation of this Act.
Sec. 9. Collection and/or Possession of By-Products and Derivatives. By-products and derivatives may be
collected and/or possessed: Provided, That the source was not obtained in violation of this Act.
Sec. 10. Local Transport of Wildlife, By-Products and Derivatives. - Local transport of wildlife, by-products
and derivatives collected or possessed through any other means shall be authorized unless the same is
prejudicial to the wildlife and public health.
Sec. 11. Exportation and/or Importation of Wildlife. Wildlife species may be exported to or imported from
another country as may be authorized by the Secretary or the designated representative, subject to strict
compliance with the provisions of this Act and rules and regulations promulgated pursuant
thereto: Provided, That the recipient of the wildlife is technically and financially capable to maintain it.

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Sec. 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. - The introduction,
reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for population
enhancement of recovery purposes subject to prior clearance from the Secretary of the authorized
representative pursuant to Sec. 6 of this Act. Any proposed introduction shall be subject to a scientific
study which shall focus on the bioecology. The proponent shall also conduct public consultations with
concerned individuals or entities.
Sec. 13. Introduction of Exotic Wildlife. - No exotic species shall be introduced into the country, unless a
clearance from the Secretary or the authorized representative is first obtained. In no case shall exotic
species be introduced into protected areas covered by Republic Act No. 7586 and to critical habitats
under Sec. 25 hereof.
In cases where introduction is allowed, it shall be subject to environmental impact study which shall
focus on the bioecology, socioeconomic and related aspects of the area where the species will be
introduced. The proponent shall also be required to secure the prior informed consent from the local
stakeholders.
Sec. 14. Bioprospecting. - Bioprospecting shall be allowed upon execution of an undertaking by any
proponent, stipulating therein its compliance with and commitment(s) to reasonable terms and
conditions that may be imposed by the Secretary which are necessary to protect biological diversity.
The Secretary or the authorized representative, in consultation with the concerned agencies, before
granting the necessary permit, shall require that prior informed consent be obtained by the applicant
from the concerned indigenous cultural communities, local communities, management board under
Republic Act No. 7586 or private individual or entity. The applicant shall disclose fully the intent and
scope of the bioprospecting activity in a language and process understandable to the community. The
prior informed consent from the indigenous peoples shall be obtained in accordance with existing laws.
The action on the bioprospecting proposal by concerned bodies shall be made within a reasonable
period.
Upon submission of the complete requirements, the Secretary shall act on the research proposal within a
reasonable period.
If the applicant is a foreign entity or individual, a local institution should be actively involved in the
research, collection and, whenever applicable and appropriate in the technological development of the
products derived from the biological and genetic resources.
Sec. 15. Scientific Researches on Wildlife. Collection and utilization of biological resources for scientific
research and not for commercial purposes shall be allowed upon execution of an undertaking/agreement
with and issuance of a gratuitous permit by the Secretary or the authorized representative: Provided,
That prior clearance from concerned bodies shall be secured before the issuance of the gratuitous
permit: Provided, further, That the last paragraph of Sec. 14 shall likewise apply.
Sec. 16. Biosafety - All activities dealing on genetic engineering and pathogenic organisms in the
Philippines, as well as activities requiring the importation, introduction, field release and breeding of
organisms that are potentially harmful to man and the environment shall be reviewed in accordance with
the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their
habitats.

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Sec. 17. Commercial Breeding or Propagation of Wildlife Resources. - Breeding or propagation of wildlife
for commercial purposes shall be allowed by the Secretary or the authorized representative pursuant to
Sec. 6 through the issuance of wildlife farm culture permit: Provided, That only progenies of wildlife
raised, as well as unproductive parent stock shall be utilized for trade: Provided, further: That commercial
breeding operations for wildlife, whenever appropriate, shall be subject to an environmental impact
study.
Sec. 18. Economically Important Species. The Secretary, within one (1) year after the effectivity of this Act,
shall establish a list of economically-important species. A population assessment of such species shall be
conducted within a reasonable period and shall be regularly reviewed and updated by the Secretary.
The Collection of certain species shall only be allowed when the results of the assessment show that,
despite certain extent of collection, the population of such species can still remain viable and capable of
recovering its numbers. For this purpose, the Secretary shall establish a schedule and volume of
allowable harvests.
Whenever an economically important species become threatened, any form of collection shall be
prohibited except for scientific, educational or breeding/propagation purposes, pursuant to the
provisions of this Act.
ARTICLE TWO
Protection of Threatened Species
Sec. 22. Determination of Threatened Species. - The Secretary shall determine whether any wildlife
species or subspecies is threatened, and classify the same as critically endangered, endangered,
vulnerable or other accepted categories based on the best scientific data and with due regard to
internationally accepted criteria, including but not limited to the following:
(a) present or threatened destruction, modification or curtailment of its habitat or range;
(b) over-utilization for commercial, recreational, scientific or educational purposes;
(c) inadequacy of existing regulatory mechanisms; and
(d) other natural or man-made factors affecting the existence of wildlife.
The Secretary shall review, revise and publish the list of categorized threatened wildlife within one (1)
year after effectivity of this Act. Thereafter, the list shall be updated regularly or as the need
arises: Provided, That a species listed as threatened shall not be removed there from within three (3)
years following its initial listing.
Upon filing of a petition based on substantial scientific information of any person seeking for the addition
or deletion of a species from the list, the Secretary shall evaluate in accordance with the relevant factors
stated in the first paragraph of this section, the status of the species concerned and act on said petition
within a reasonable period.
The Secretary shall also prepare and publish a list of wildlife which resembles so closely in appearance
with listed threatened wildlife, which species shall likewise be categorized as threatened.

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Sec. 23. Collection of Threatened Wildlife, By-products and Derivatives The collection of threatened
wildlife, as determined and listed pursuant to this Act, including its by-products and derivatives, shall be
allowed only for scientific, or breeding or propagation purposes in accordance with Sec. 6 of this
Act: Provided, That only the accredited individuals, business, research, educational or scientific entities
shall be allowed to collect for conservation breeding or propagation purposes.
Sec. 24. Conservation Breeding or Propagation of Threatened Species Conservation breeding or
propagation of threatened species shall be encouraged in order to enhance its population in its natural
habitat. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the
captive-bred or propagated species shall be released, reintroduced or restocked.
Commercial breeding or propagation of threatened species may be allowed provided that the following
minimum requirements are met by the applicant, to wit:
(a) Proven effective breeding and captive management techniques of the species; and
(b) Commitment to undertake commercial breeding in accordance with Sec. 17 of this Act, simultaneous
with conservation breeding.
The Secretary shall prepare a list of threatened species for commercial breeding and shall regularly
revise or update such list or as the need arises.
Sec. 25. Establishment of Critical Habitats. - Within two (2) years following the effectivity of this Act, The
Secretary shall designate critical habitats outside protected areas under Republic Act No. 7586, where
threatened species are found. Such designation shall be made on the basis of the best scientific data
taking into consideration species endemicity and/or richness, presence of man-made pressures/threats
to the survival of wildlife living in the area, among others.
All designated, critical habitats shall be protected, in coordination with the local government units and
other concerned groups, from any form of exploitation or destruction which may be detrimental to the
survival of the threatened species dependent therein. For such purpose, the Secretary may acquire, by
purchase, donation or expropriation, lands, or interests therein, including the acquisition of usufruct,
establishment of easements or other undertakings appropriate in protecting the critical habitat.
ARTICLE THREE
Registration of Threatened and Exotic Species
Sec. 26. Registration of Threatened and Exotic Wildlife in the Possession of Private Persons. - No person or
entity shall be allowed possession of wildlife unless such person or entity can prove financial and
technical capability and facility to maintain said wildlife. Twelve (12) months after the effectivity of this
Act, the Secretary shall set a period, within which persons/entities shall register all threatened species
collected and exotic species imported prior to the effectivity of this Act. However, when the threatened
species is needed for breeding/propagation or research purposes, the State may acquire the wildlife
through a mutually acceptable arrangement.
After the period set has elapsed, threatened wildlife possessed without certificate of registration shall be
confiscated in favor of the government, subject to the penalties herein provided.

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All Philippine wildlife which are not listed as threatened prior to the effectivity of this Act but which may
later become so, shall likewise be registered during the period set after the publication of the updated list
of threatened species.
CHAPTER IV
ILLEGAL ACTS
Sec. 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for any
person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the following
acts;
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural
communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and
(v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
(i) transporting of wildlife.
All wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances used in
connection with violations of this Act, shall be ipso facto forfeited in favor of the government; Provided,
That where the ownership of the aforesaid conveyances belong to third persons who has no participation
in or knowledge of the illegal acts, the same may be released to said owner. The apprehending agency
shall immediately cause the transfer of all wildlife that have been seized or recovered to the nearest
Wildlife Rescue Center of the Department in the area.
If the offender is an alien, he shall be deported after service and payment of fines, without any further
proceedings.
The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to
compensate for inflation and to maintain the deterrent function of such fines.

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The Montreal Protocol on Substances that Deplete the Ozone Layer (a protocol to the Vienna
Convention for the Protection of the Ozone Layer) is an international treaty designed to protect the ozone
layer by phasing out the production of numerous substances that are responsible for ozone depletion.
The treaty was opened for signature on September 16th, 1987, and entered into force on January 1st,
1989, followed by a first meeting in Helsinki, May 1989. Since then, it has undergone seven revisions, in
1990 (London), 1991 (Nairobi), 1992 (Copenhagen), 1993 (Bangkok), 1995 (Vienna), 1997 (Montreal),
and 1999 (Beijing). As a result of the international agreement, the ozone hole in Antarctica is slowly
recovering. Climate projections indicate that the ozone layer will return to 1980 levels between 2050 and
2070. Due to its widespread adoption and implementation it has been hailed as an example of exceptional
international co-operation, with Kofi Annan quoted as saying that "perhaps the single most successful
international agreement to date has been the Montreal Protocol".[1] The two ozone treaties have been
ratified by 197 parties, which includes 196 states and the European Union, [2]making them the first
universally ratified treaties in United Nations history.[3]
The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is
a multilateral treaty. The Convention has three main goals:
1. conservation of biological diversity (or biodiversity);
2. sustainable use of its components; and
3. fair and equitable sharing of benefits arising from genetic resources
In other words, its objective is to develop national strategies for the conservation and sustainable use of
biological diversity. It is often seen as the key document regarding sustainable development.
The Bern Convention on the Conservation of European Wildlife and Natural Habitats, also known as
the Bern Convention (or Berne Convention), is a binding international legal instrument in the field of
Nature Conservation, it covers the natural heritage in Europe, as well as in some African countries. The
Convention was open for signature on 19 September 1979 and came into force on 1 June 1982. It is
particularly concerned about protecting natural habitats and endangered species, including migratory
species.
The convention has three main aims, which are stated in Article 1:[1]
to conserve wild flora and fauna and their natural habitats
to promote cooperation between states
to give particular attention to endangered and vulnerable species including endangered and
vulnerable migratory species

The Convention on the Conservation of Migratory Species of Wild Animals (also known as CMS or
the Bonn Convention) aims to conserve terrestrial, marine and avian migratory speciesthroughout their
range. It is an intergovernmental treaty, concluded under the aegis of the United Nations Environment
Programme, concerned with the conservation of wildlife and habitats on a global scale. Since the
Convention's entry into force, its membership has grown steadily to include over 100 Parties from Africa,
Central and South America, Asia, Europe and Oceania. The Convention was signed in 1979 in Bonn (hence
the name) and entered into force in 1983. The depositary is the government of the Federal Republic of
Germany.

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An oil spill is the release of a liquid petroleum hydrocarbon into the environment, especially marine
areas, due to human activity, and is a form of pollution. The term is usually applied to marine oil spills,
where oil is released into the ocean or coastal waters, but spills may also occur on land. Oil spills may be
due to releases of crude oil from tankers, offshore platforms, drilling rigs and wells, as well as spills
of refined petroleum products (such as gasoline, diesel) and their by-products, heavier fuels used by large
ships such as bunker fuel, or the spill of any oily refuse or waste oil.
Spilt oil penetrates into the structure of the plumage of birds and the fur of mammals, reducing its
insulating ability, and making them more vulnerable to temperature fluctuations and much
less buoyant in the water. Cleanup and recovery from an oil spill is difficult and depends upon many
factors, including the type of oil spilled, the temperature of the water (affecting evaporation and
biodegradation), and the types of shorelines and beaches involved.[1] Spills may take weeks, months or
even years to clean up.[2]
Human impact[edit]
An oil spill represents an immediate fire hazard. The Kuwaiti oil fires produced air pollution that caused
respiratory distress. The Deepwater Horizon explosion killed eleven oil rig workers. The fire resulting
from the Lac-Mgantic derailment killed 47 and destroyed half of the town's centre.
Spilled oil can also contaminate drinking water supplies. For example, in 2013 two different oil spills
contaminated water supplies for 300,000 in Miri, Malaysia;[27] 80,000 people in Coca, Ecuador,.[28] In
2000, springs were contaminated by an oil spill in Clark County, Kentucky.[29]
Contamination can have an economic impact on tourism and marine resource extraction industries. For
example, the Deepwater Horizon oil spill impacted beach tourism and fishing along the Gulf Coast, and
the responsible parties were required to compensate economic victims.
Environmental effects[edit]
A Surf Scoter covered in oil as a result of the 2007 San Francisco Bay oil spill.
A bird covered in oil from the Black Sea oil spill.
Oil penetrates into the structure of the plumage of birds and the fur of mammals, reducing its insulating
ability, and making them more vulnerable to temperature fluctuations and much less buoyant in the
water.
Animals that rely on scent to find their babies or mothers fade away due to the strong scent of the oil.
This causes a baby to be rejected and abandoned, leaving the babies to starve and eventually die. Oil can
impair a bird's ability to fly, preventing it from foraging or escaping from predators. As they preen, birds
may ingest the oil coating their feathers, irritating the digestive tract, altering liver function, and
causing kidney damage. Together with their diminished foraging capacity, this can rapidly result
in dehydration and metabolic imbalance. Some birds exposed to petroleum also experience changes in
their hormonal balance, including changes in their luteinizing protein.[30] The majority of birds affected
by oil spills die from complications without human intervention.[31][32] Some studies have suggested that
less than one percent of oil-soaked birds survive, even after cleaning,[33] although the survival rate can
also exceed ninety percent, as in the case of the Treasure oil spill.[34]
Heavily furred marine mammals exposed to oil spills are affected in similar ways. Oil coats the fur of sea
otters and seals, reducing its insulating effect, and leading to fluctuations in body
temperature and hypothermia. Oil can also blind an animal, leaving it defenseless. The ingestion of oil
causes dehydration and impairs the digestive process. Animals can be poisoned, and may die from oil
entering the lungs or liver.
There are three kinds of oil-consuming bacteria. Sulfate-reducing bacteria (SRB) and acid-producing
bacteria are anaerobic, while general aerobic bacteria (GAB) are aerobic. These bacteria occur naturally
and will act to remove oil from an ecosystem, and their biomass will tend to replace other populations in
the food chain.

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Acid rain is a rain or any other form of precipitation that is unusually acidic, meaning that it possesses
elevated levels of hydrogen ions (low pH). It can have harmful effects on plants, aquatic animals and
infrastructure. Acid rain is caused by emissions of sulfur dioxide andnitrogen oxide, which react with
the water molecules in the atmosphere to produce acids. Governments have made efforts since the 1970s to
reduce the release of sulfur dioxide into the atmosphere with positive results. Nitrogen oxides can also be
produced naturally by lightningstrikes and sulfur dioxide is produced by volcanic eruptions. The chemicals in
acid rain can cause paint to peel, corrosion of steel

Good faith is an intangible and abstract quality with no technical meaning or statutory
definition, and it encompasses, among other things, an honest belief, the absence of
malice and the absence of design to defraud or to seek an unconscionable advantage.
It implies honesty of intention, and freedom from knowledge of circumstances which
ought to put the holder upon inquiry.8 The essence of good faith lies in an honest belief
in the validity of ones right, ignorance of a superior claim and absence of intention to
overreach another.9 Applied to possession, one is considered in good faith if he is not
aware that there exists in his title or mode of acquisition any flaw which invalidates ..