THE NATIONAL TERRITORY

The national territory comprises the

Philippine archipelago, with all the islands
and waters embraced therein, and all other
territories over which the Philippines has
sovereignty or jurisdiction, consisting of
the terrestrial, fluvial, and aerial domain,
including the territorial sea, the seabed,
the subsoil, the insular shelves, and other
submarine areas.

THE NATIONAL TERRITORY

The waters around, between, and

connecting the islands of the archipelago,
regardless of their breadth and
dimensions, form part of the internal
waters of the Philippines. (Art. I,
Constitution)

WHAT IS AN ARCHIPELAGO?

It means a group of islands, including

parts of islands, interconnecting waters
and other natural features which are so
closely interrelated that such islands,
waters and other natural features form an
intrinsic geographical, economic and
political entity, or which historically have
been regarded as such.

WHAT IS AN ARCHIPELAGO?

The Philippine archipelago comprises as

many as 7,100 islands of varying sizes
connected by waters of diverse
dimensions.

 The 1982 Convention on the Law of the Sea

(LOS) provides for a uniform breadth of
measurement of the following:
territorial sea - 12 miles from the baseline

The belt of the sea located between the

coast and internal waters of the coastal state
on the one hand, and the high seas on the
other, extending up to 12 nautical miles from
the low water mark.

 The 1982 Convention on the Law of the Sea

(LOS) provides for a uniform breadth of
measurement of the following:
contiguous zone - 12 miles from the outer
limits of the territorial sea (or 24 nautical
miles from the baseline)
Extends up to 12 nautical miles from the
territorial sea. Although not part of the
territory, the coastal State may exercise
jurisdiction to prevent infringement of
customs, fiscal, immigration or sanitary laws.

 The 1982 Convention on the Law of the Sea

(LOS) provides for a uniform breadth of
measurement of the following:
economic zone or patrimonial - 200 miles from the
low-water mark of the coastal state.
Body of water extending up to 200 nautical miles, within
which the state may exercise sovereign rights to explore,
exploit, conserve and manage the natural resources
The state in the EEZ exercises jurisdiction with regard to:
1. the establishment and use of artificial islands, installations,
and structures;
2. marine scientific research;
3. the protection and preservation of marine environment;

SOVEREIGNTY OVER INTERNAL WATERS

AND TERRITORIAL SEA
The sea is divided into three zones: (a) internal
waters, (b) territorial sea, and (c) high seas.
Internal waters are subject to the sovereignty of
the state and are not subject to the right of innocent
passage.
The coastal state has sovereignty over the
territorial sea but subject to the right of innocent
passage.
Beyond the territorial sea are high seas and are not
subject to the sovereignty of the coastal state.

PHILIPPINE ARCHIPELAGIC BASELINE

LAW (RA 9522[2009])
RA 9522 reaffirms the Philippines claims to its
territorial waters, including its extended
continental shelf, economic zones, and the
contested Kalayaan Island Group (KIG) off
Palawan province and the Scarborough Shoal in
the countrys western seaboard.
The disputed Scarborough Shoal remains part of
Philippine territory but under a regime of
islands category which is defined by Article 121
of the UNCLOS as islands or naturally formed
areas of land surrounded by water that remain
above water during high tide.

BASELINE LAW (RA 9522)

CONSISTENT WITH UNCLOS
RA 9522s use of UNCLOS IIIs regime of
islands framework to draw the baselines, does
not result in the loss of 15,000 square nautical
miles of territorial waters but in fact increased
the Philippines total maritime space by
145,216 square nautical miles.
Baselines laws such as RA 9522 are nothing
but statutory mechanisms to delimit with
precision the extent of their maritime zones
and continental shelves. (Magallona v.
Ermita, GR No. 187167, July 16, 2011)

 Had RA 9522 enclosed the KIG and the

Scarborough Shoal as part of the Philippine
archipelago, that would have violated:
First, Article 47 (3) of UNCLOS III which
requires that [t]he drawing of such baselines
shall not depart to any appreciable extent from
the general configuration of the archipelago.
Second, Article 47 (2) which requires that the
length of the baselines shall not exceed 100
nautical miles, save for three per cent (3%) of
the total number of baselines which can reach up
to 125 nautical miles.

 The Philippines continues to have sovereignty and

jurisdiction over the KIG and Scarborough Shoal
even if they are outside the baselines since these
are determined as a regime of islands consistent
with Article 121 of theUNCLOS.
RA 9522 commits to text that (t)he baselines in
the following areas over which the Philippines
likewise exercises sovereignty and jurisdiction shall
be determined as Regime of Islands under the
Republic of the Philippines consistent with Article
121 of the United Nations Convention on the Law
of the Sea (UNCLOS).

Environmental Law:
Tool for Protecting Natural
Resources

7/19/2014

The State owns all natural resources,

Section 2, Art XII of the 1987 constitution
says:
All lands of the public
domain, waters, minerals,
coal, petroleum, and other
mineral oils, all forces of
potential energy, fisheries,
forest or timber, wildlife,
flora and fauna, and other
natural
resources
are
owned by the state

and in addition to Goals of National Economy

towards
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 especially the
under-privilege

It is also the duty of the State:

to protect and
promote the right
of the people to a
balance
environment in
accord with the
rhythm and
harmony of nature
(Sec. 2, Art II)
7/19/2014

It is also the duty of the State:

to protect and
promote the right of
the people to a
balance
environment in
accord with the
rhythm and
harmony of nature
(Sec. 2, Art II)
7/19/2014

BROWN LAWS

"Brown Laws

deal with
laws to limit or regulate environmental
impacts or pollution.

Ultimate objective of brown laws

to bring materials back to useful cycles

and until then, store them safely

The Brown Environment

Air
Solid Waste
Toxics

Water
EIA
Environmental
Impact Assessment

The Brown Environment

AIR
Phil Clean Air Act
(RA 8749)
Approved June 23, 1999
regulates AIR QUALITY MANAGEMENT

 Philippine Clean Air Act-R.A. 8749

Section 3 states that:

The State shall pursue a policy of balancing

development and environmental protection.
Policies:

Formulation of national program of air

pollution management through proper
delegation and effective coordination.
Encourage cooperation and self regulation
among citizens and industries

 Philippine Clean Air Act-R.A. 8749

Section 3 states that:

The State shall pursue a policy of balancing
development and environmental protection.
Policies:

Focus primarily on pollution prevention and

comprehensive management program for air
pollution
Formulate and enforce a system of
accountability for short and long term adverse
environmental impact of a project.

 Philippine Clean Air Act-R.A. 8749

Section 3 states that:
The State shall pursue a policy of balancing
development and environmental protection.
Policies:

Focus primarily on pollution prevention

and comprehensive management program
for air pollution
Formulate and enforce a system of
accountability for short and long term
adverse environmental impact of a project.

 RECOGNITION OF THE STATE OF THE RIGHTS OF

CITIZENS PURSUANT TO R.A. 8749
- breathe clean air;
- Utilize and enjoy all natural resources according
to the principle of sustainable development;
Environmental Protection v. Development

development that meets the needs of

the present without compromising
the ability of future generations to
meet their own needs.

 RECOGNITION OF THE STATE OF THE RIGHTS OF

CITIZENS PURSUANT TO R.A. 8749
- to be informed of the nature and extent of
the potential hazard of any activity
- 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.

 RECOGNITION OF THE STATE OF THE RIGHTS OF

CITIZENS PURSUANT TO R.A. 8749
- To bring action in COURT or QUASI-JUDICIAL
BODIES to enjoin all activities in violation of
environmental laws and regulations;
- To compel rehabilitation and clean-up of
affected area;
- To seek the imposition of penal sanctions
against violators of environmental laws;
- To bring action in COURT for compensation of
personal damages resulting from the adverse
environmental and public health impact of an
activity or project;

Who will be responsible for the

implementation of CLEAN AIR ACT?

Department of Environment and

Natural Resources
(DENR)

Who
will
be
responsible
for
implementation of CLEAN AIR ACT?

the

One of the
SECTORAL
BUREAUS
UNDER DENR
-functions as the policy-making and standardsetting body
-provides technical services related to air quality
management.

Who will be responsible for the

implementation of CLEAN AIR ACT?

LOCAL GOVERNMENT UNIT

responsible for the full
administration of the air
quality management and
regulation within their
territorial jurisdiction

OTHER Government Agencies responsible

for the implementation of CLEAN AIR ACT

AIR QUALITY MANAGEMENT SYSTEM

reducing air pollution in the Philippines,
especially the cities, to levels which
meet the ambient air quality standards.

the large number of people living in

these areas.

CLEAN AIR ACTION PLANS

AIR QUALITY MONITORING
and
INFORMATION NETWORK
Preparation of the DENR of an
ANNUAL NATIONAL AIR
QUALITY STATUS REPORT

WILL SERVE AS THE BASIS IN

FORMULATING THE
INTEGRATED AIR QUALITY
IMPROVEMENT FRAMEWORK

CLEAN AIR ACTION PLANS

AIR QUALITY MONITORING
and
INFORMATION NETWORK

CONTENTS OF THE
STATUS REPORT

1. Extent of pollution in the

country
Preparation of the DENR of an
2. Analysis and Evaluation of the
ANNUAL NATIONAL AIR
current state
QUALITY STATUS REPORT
3. Identification of critical areas
that needs closer monitoring
4. Recommendation for executive
WILL SERVE AS THE BASIS IN
and legislative action
FORMULATING THE
INTEGRATED AIR QUALITY 5. Other qualitative and quantitative
IMPROVEMENT FRAMEWORK
data regarding extent of air
pollution
and
air
quality
performance

CLEAN AIR ACTION PLANS

INTEGRATED AIR QUALITY
IMPROVEMENT FRAMEWORK.
This FRAMEWORK shall prescribed the
EMISSION REDUCTION GOALS using
PERMISSIBLE STANDARDS, and CONTROL
MEASURES within a specified period of time.
WILL SERVE AS THE OFFICIAL

PRINT

BLUE

WITH WHICH ALL GOVERNMENT

AGENIES MUST COMPLY AND ATTAIN AMBIENT
AIR QUALITY STANDARDS.

MUST COMPLY AND ATTAIN

AMBIENT AIR QUALITY STANDARDS.

SAFE
Human tolerance to pollution
cannot be measured with certainty.
whatever standards are set do not guarantee
safety BUT can only be a BEST GUESS of
tolerable limits for an everage healthy
person.

CLEAN AIR ACTION PLANS

AIR QUALITY
CONTROL ACTION PLAN.
DESIGNATION OF AIRSHEDS

It is a tool for local governments to

bring down air pollution levels.
as areas with similar climate, meteorology and topology
or areas which share common interest or face similar
development programs, prospects or problems

a region sharing a common flow of air,

which may become uniformly polluted

 Governing Board is created to effectively implement

the action plan.
BOARD COMPOSITION:
Chairman:
Members:

DENR Secretary
Provincial Governor
City/Municipal Mayor
Representatives from:
- from each concerned government agency
- Peoples Organization
-Non-Government Organization
-Private Sector

 FUNCTIONS OF THE BOARD:

Formulate policies
Prepare common action plan
Submission and publication of
Annual Air Quality Status Report

SOURCES OF AIR POLLUTION

Stationary sources
the DENR regulate and formulate standards for
air emissions

Mobile sources (Motor Vehicles)

the DOTC regulate and formulate air emissions
Other sources (smoking inside public building or
enclosed public place, inside vehicles or other means
of transport, or any other enclosed are outside of
ones residence.)

The regulation is implemented by the LGU

SOURCE OF AIR POLLUTION

- Fuels, Additives and Substances
It is regulated by the DOE.
Greenhouse Gases and Ozone Depleting Substances
to be regulated by the PAG-ASA.

- POPS (Persistent Organic Pollutants)

organic compounds that are extremely
difficult to
break down and, as a result, have become
widely
dispersed throughout the
environment. Most do
not occur in nature but
are
created
through
artificial processes.
- Radio Active Emissions
use of atomic an/or nuclear energy.

Ban on Incineration

SEC. 20. Ban on Incineration. - Incineration,

hereby defined as the burning of municipal,
biomedical and hazardous waste, which
process emits poisonous and toxic fumes is
hereby prohibited.

Provided , however..

Ban on Incineration
the prohibition shall not apply to
traditional
small-scale
method
of
community/neighborhood sanitation siga,
traditional, agricultural, cultural, health
and food preparation and crematoria.

Provided, further..

Ban on Incineration
the existing incinerators dealing with
biomedical wastes shall be out within
three (3) years after the effectivity of this
Act..

Provided, finally..

Ban on Incineration
in the interim, such units shall be
limited to the burning of pathological
and infectious wastes, and subject to
close monitoring of DENR.

BIOMEDICAL
WASTE

any waste, which is

generated during
the diagnosis,
treatment
or
immunization of
human beings or
animals or in
research activities
pertaining to or in the
production or testing
of biologicals and
categories.

CATEGORIZATION OF Biomedical wastes

Human Anatomical Waste:
Human body parts, tissues and organs.
Animal Waste:
Animal body parts, carcasses, excreta, bleeding
parts and wastes generated at veterinary
hospitals.
Microbiology and Biotechnology Waste:
Wastes from laboratory cultures, live or attenuated
vaccines, human and animal cell culture used in
research, wastes from biological toxins.
Waste Sharps:
Needles, syringes, blades, scalpels.
Discarded Medicines

CATEGORIZATION OF Biomedical wastes

Soiled Waste:
Cloth containing blood stains, blood coated
balls, soiled plasters.

cotton

Solid Waste:
Waste generated from disposable items like
and catheters.

tubing

Liquid Waste:
Waste generated from laboratory housekeeping
activities.

Incineration Waste:
Ash generated from incineration of biomedical waste.

Chemical Waste:
Chemicals used for disinfection.

with due concern on the effects

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

MANAGEMENT OF BIOMEDICAL WASTE

Category

Waste Type

Treatment and Disposal Method

Category 1 Human Wastes

Deep burial
(Tissues, organs, body
parts
Category 2 Animal Waste
Deep burial
Category 3 Microbiology and
Biotechnology waste

Category 4 Sharps

Category 5 Discarded Medicines

and Cytotoxic Drugs

Autoclave/microwave/
Disinfection (chemical
treatment)+/autoclaving/microwaving
and mutilation shredding
Destruction and drugs disposal in
secured landfills

MANAGEMENT OF BIOMEDICAL WASTE

Category
Category 6
Category 7

Category 8

Category 9

Category10

Waste Type

Treatment and Disposal Method

Contaminated solid waste Autoclaving / microwaving

Solid waste (disposable
items other than sharps)

Disinfection by chemical treatment+

microwaving/autoclaving & mutilation
shredding

Liquid waste (generated

Disinfection by chemical treatment+ and
from laboratory washing,
discharge into the drains
cleaning, housekeeping
and disinfecting activity)
Incineration ash

Disposal in municipal landfill

Chemical Wastes

Chemical Treatment + and discharge in to

drain for liquids and secured landfill for
solids

 For any violation of the law and standards

The DENR on its own instance, through the
Pollution Adjudication Board (PAB), or upon
verified complaint by any person institute
administrative proceedings
Citizen Suits
any person may file an appropriate action, civil,
criminal or administrative against any person who
violates the law and standard

Sec 41. CITIZENS SUIT.

Any citizen may file an appropriate
civil, criminal or administrative
action in the proper court against
a. Any person who violates or fails to
comply with the provisions of this Act
or its implementing rules and
regulations; or

Sec 41. CITIZENS SUIT.

Any citizen may file an appropriate
civil, criminal or administrative
action in the proper court against

b.

The Department or other

implementing agencies with
respect to orders, rules and
regulations issued inconsistent
with this Act;

Sec 41. CITIZENS SUIT.

Any citizen may file an appropriate civil,
criminal or administrative action in the
proper court against
c. Any public officer who willfully or grossly
neglects the performance of an act specifically
enjoined as a duty by this Act or its implementing
rules and regulations; or abuses his authority in
the performance of his duty; or in any manner,
improperly performs his duties under this Act
or its implementing rules and regulations:

Fines and Penalties

- Violation of Standards for stationary sources
fine of not more than P100,000.00 for every day
of violation
- Violation of Standards for stationary sources
1st Offense
2nd Offense
3rd Offense

-P2,000.00
-P2,000.00 to P4,000.00
-1 year suspension of registration
& a fine P4,000.00 to P6,000.00

Fines and Penalties

Violation of other provisions of the Act
Fine not less than P10,000.00 but not more
than P100,000.00 or 6 months to 6 years
imprisonment or both shall be imposed
Gross Violations
the PAB shall recommend to the proper agency
for the filing of appropriate criminal charges
against the violator.

The Brown Environment

WATER

Phil Clean Water Act

(RA 9275)
Approved March 22, 2004
regulates WATER QUALITY MANAGEMENT

 Philippine Clean Water Act-R.A. 9275

Section 2 states that:

The State shall pursue a policy of economic

growth in a manner consistent with the
PROTECTION, PRESERVATION, and REVIVAL of
the quality of our fresh, brackish and marine
waters.

aims to protect the countrys

water bodies from pollution from landbased sources.

Who will be responsible for the

implementation of CLEAN AIR ACT?
-lead agency that is mandated
explicitly by the Clean Water Act to
take the lead role in ensuring the
implementation of the law.
-Tasked to develop policies
guidelines
in
support
to
implementation of the CWA.

and
the

Water Quality Management System

the DENR, in coordination with National

Water Resources Board (NWRB), shall
designate certain areas as water quality
management areas using appropriate
physiographic units such as watershed, river
basins or water resources regions.

Water Quality Management System

DESIGNATION OF WATER QUALITY
MANAGEMENT AREAS
BASIS:
shall have similar hydrological, hydrogeological,
meteorological or geographic conditions which
affect the physicochemical, biological and
bacteriological reactions and diffusions of
pollutants in the water bodies, or otherwise share
a
common
interest
or
face
similar
development
programs,
prospects
or
problems.

PURPOSE OF DESIGNATING WATER QUALITY

MANAGEMENT AREAS
one of the strategies identified to effectively enforce the
CWA and improve the water quality of water bodies
through focused interventions or actions that are designed
to address specific water quality issues of the areas.
-

POINT OF CONSIDERATION
-water quality problems,
-sources of pollution,
- beneficial use of the receiving water body
- determine what combination of control measures can
effectively achieve water quality objectives or
improvements.

 The Water Quality Management Areas shall be

governed by a governing board.
CHAIRMAN:

DENR Representative

MEMBERS :
representatives of the following:
mayors,
governors a
relevant national government agencies,
NGOs
Water Utility Sector and
Business Sector.

What is the role of the LGU in the

water quality management?
shall share the responsibility in the
management and improvement of water
quality within their territorial jurisdictions.

 SOURCES OF POLLUTION
Point source
human settlement, farming and industrial
domestic waste water
agriculture & livestock
Non Point Sourcerunoffs from urban, agricultural and
forestry activities

 Prohibited Acts
Discharging, depositing material of any kind
directly or indirectly into water bodies which
could cause water pollution or impede natural
flow in the water body
Discharging, injecting or allowing to seep into
the soil or subsoil any substance in any form
that would pollute groundwater.
Operating facilities that discharge regulated
water pollutants without valid permits or after
the permit was revoked for any violation of
any condition

 PROHIBITED ACTS
Disposal of potentially infectious medical
waste into sea water by vessels unless the
health or safety of individuals on board is
threatened by great and imminent peril
Unauthorized transport or dumping into sea
waters of sewage sludge or solid waste as
defined under R.A. No. 9003(solid wastes)

 PROHIBITED ACTS
Transport, dumping or discharge of prohibited
chemicals, substances or pollutants listed
under R.A. No. 6969 (toxic substances &
hazardous nuclear waste)
Undertaking activities or development and
expansion
of
projects,
or
operating
wastewater/sewerage facilities in violation of
PD No. 1586 and its IRR
(Environmental Impact Statement System)

 PROHIBITED ACTS
Discharging regulated water pollutants without
the valid required discharge permit pursuant to
this act or after the permit was revoked for any
violation of condition;
Non-compliance of the LGU with the Water
Quality framework and Management Area
Action Plan. In such case, sanctions shall be
imposed on the local government officials
concerned;

 PROHIBITED ACTS
Refusal to allow entry, inspection and monitoring
by the DENR in accordance with this Act;
Refusal or failure to submit reports whenever
required by the DENR in accordance with this Act.
Refusal or failure to designate pollution control
officers whenever required by the DENR
Directly using booster pumps in the distribution
system or tampering with water supply in such a
way as to alter or impair the water quality.

 Fines, Damages and Penalties

Any person who commits any prohibited
acts or violates any provision of this Act or
its IR shall be fined upon recommendation
of the PAB in the amount of:
not less than P10,000.00 nor more than
P200,000.00 for every day of violation.
The fines prescribed shall be increased by
10% every 2 yrs to compensate for inflation
and to maintain the deterrent function of
such fines

 Fines, Damages and Penalties

The Secretary, upon recommendation of
the PAB may order the following:
closure, suspension of development or
construction, or cessation of operation or,
where appropriate
disconnection of water supply, until such
time that proper environmental safeguards
are put in place and/or compliance with this
Act or its IRR are undertaken.

Fines, Damages and Penalties

The Secretary during the
pendency of the case can issue
an ex parte order for such
closure, suspension.

 FINES, DAMAGES and PENALTIES

Failure to undertake clean up
operation, willfully or through gross
negligence
imprisonment not less than 2 yrs and not
more than 4 yrs and a fine not less than
P50,000.00 and not more than P100,000.00
per day for each day of violation.

 Failure which results in serious

injury or loss of life and/or
irreversible water contamination of
surface, ground, coastal and marine
water
imprisonment of not less than 6 yrs and 1 day
and not more than 12 yrs and fine of
P500,000.00 per day for each day of during
the omission and/or contamination.

Administrative sanctions and action

Local government officials shall be
subject to administrative sanctions
who fails to comply with their action
plan accordance with the relevant
provision of R.A. No. 7160 (LGC)

Administrative sanctions and action

The DENR shall on its own instance or
upon verified complaint by any
person, institute proceedings in the
proper forum against any person who
violates the standards or limitations
provided by this Act or order, rules and
regulation with respect to such
standards

PHILIPPINE CLEAN AIR ACT RA 8749

Fines and Penalties
Violation of other provisions of the Act
Fine not less than P10,000.00 but not more than
P100,000.00 or 6 months to 6 years imprisonment or
both shall be imposed

Gross Violations
the PAB shall recommend to the
proper agency for the filing of
appropriate
criminal
charges
against the violator.

Philippine Clean Water Act-R.A. 9003

Fines, Damages and Penalties

The Secretary, upon recommendation
of the PAB may order the following:
closure, suspension of development or
construction, or cessation of operation or, where
appropriate
disconnection of water supply, until such time
that proper environmental safeguards are put in
place and/or compliance with this Act or its IRR
are undertaken.

The Pollution Adjudication

Board (the PAB)
is a quasi-judicial body created
under Section 19 of Executive
Order 192 for the adjudication of
pollution cases.

FUNCTIONS of THE PAB

---assumes the powers and functions of the
Commission/Commissioners of the National
Pollution Control Commission with respect to
the adjudication of pollution cases under:
Republic Act 3931
AN ACT CREATING THE NATIONAL WATER AND AIR POLLUTION
CONTROL COMMISSION

Presidential Decree 984

PROVIDING FOR THE REVISION OF REPUBLIC ACT NO. 3931,
COMMONLY KNOWN AS THE POLLUTION CONTROL LAW, AND FOR
OTHER PURPOSES

The PAB is organizationally

under the supervision of the
Office of the Secretary of the
Department of Environment and
Natural Resources (the DENR),
The Environmental
Management Bureau (EMB)
provides the Secretariat support.

Organizational Placement
(co-equal w/ RTC)

Sec.7 (d) of PD 984Execution of decision

Any decision or order of the
Commission, after the same has
become final and executory, shall be
enforced and executed in the same
manner as decisions of Courts of
First Instance,

Composition of the BOARD

(the PAB)
Chairman:

DENR Secretary

Members:
2 DENR Undersecretaries
EMB Director
3 others (to be designated by the Secretary)

Expanded Jurisdiction
of the PAB:
Philippine Clean Air Act of 1999 (R.A. 8749)
Exceedance of air emission; Imposition of Fines;
Operating without permit to operate air pollution
source installations

Philippine Clean Water Act of 2004 (R.A.

9275)
Exceedance of the effluent; Imposition of Fines;
Committing any of the prohibited acts under
Section 27

Important
Prohibited
Under Republic Act 8749

Acts

Violation of standards for stationary

sources
for actual exceedance of air quality
standards or limitation
Violation of any order, rule or regulation
issued by
the DENR with respect
to such standard or limitation

Powers of PAB and Sanctions

Under Republic Act 8749
Issuance of Cease and Desist Orders
Imposition of fine for a minimum of
PhP10,000
to
a
maximum
of
PhP100,000.00 per day of violation

Recommend to proper government

agencies file criminal charges against
violators

Important Prohibited Acts

Under Republic Act 9275
Discharging or depositing materials that could pollute
any water body
Discharging regulated pollutants without valid
discharge permit
Undertaking activities in violation of P.D. 1586
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM

Transport or discharge of prohibited

chemicals
under R.A. 6969 AN ACT TO CONTROL TOXIC SUBSTANCES

AND

HAZARDOUS AND NUCLEAR WASTES

Transport or dumping of solid wastes under

9003 AN ACT PROVIDING FOR AN ECOLOGICAL
MANAGEMENT PROGRAM,

R.A.
SOLID WASTE

Powers of PAB and Sanctions

Under Republic Act 9275
Recommend to the Secretary, the issuance of
Cease and Desist Orders
Recommend to the Secretary, the imposition of
fine for a minimum of PhP10,000 to a
maximum of PhP200,000.00 per day of
violation
Recommend
agencies
violators

that the proper government

file criminal charges against

Pollution Adjudication Process

- Monitoring
- Complaint
-Inspection
Report

NOV1

Technical
Conference

Compliance
Period

Non Compliant
Endorse to PAB

Compliant
Resolution

Regional Office
Forinspection/reports

PAB
Regl Office
Execute
Order

Resolution/
Order
Fines/Penalties

1 Regional Offices should submit copies of all NOVs to the PAB

Order
Fines/
Penalties

Roles of Regional Offices (ROs)

in Adjudication Process
1.
2.
3.
4.
5.
6.

Action on Complaints
Monitoring
Notice of Violation
Technical Conference
Elevating case to PAB
Implementation of CDO

The Brown Environment

SOLID WASTE
Ecological Solid Waste Management Act
(RA 9003)
Approved January 26, 2001
systematic administration of activities which
provide for segregation, transportation,
storage, transfer processing and all other
waste management activities.

PROPER WASTE MANAGEMENT

--

Guidelines in proper solid waste management.

--

Use of comprehensive and ecological solid

waste management.

The policy of the State to adopt a

comprehensive and ecological solid waste
management program

PROPER WASTE MANAGEMENT

--

Creation of the National Solid Waste

Management Commission
--to formulate a
National Solid
Waste
Management Framework

--to oversee the

the law.

implementation of

PROPER WASTE MANAGEMENT

Local government units are

mandated to implement proper
solid waste management.

PROPER WASTE MANAGEMENT

Role of LGUs in solid waste management

pursuant to R.A. 7160.
the LGUs shall be primarily responsible for
the implementation and enforcement of this
Act within their respective jurisdiction.
LGUs shall established their respective board
to develop a local solid waste management
plan which shall be submitted to the
Commission for approval.

Local Government Solid Waste

Management Plan (LGSWMP)
Section 17, RA 9003
The thrust of the LGSWMP shall be the
identification of implementable strategies
and activities that encourage the REUSE,
RECYCLING, and COMPOSTING of wastes
generated in their respective jurisdiction
with schedules, timetables, targets and
indicators of achievements..

INSTITUTIONAL STRUCTURE
National Solid Waste
Management
Comission
(Policy Making

DENR-EMB-NSWMC
(Technical Support)

ECOLOGICAL SOLID
WASTE
MANAGEMENT ACT
(Waste Generators)

Local Government
Units
(Implementation)

CITIZENS
(Waste Generators)

HOW TO MANAGE THE TONS OF WASTE

GENERATED PER DAY

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000

Mandatory segregation at source

Mandatory segregated collection
Establishment of LGU materials
recovery facilities (MRF)

Closure/conversion of open dumps to

Controlled Disposal Facility/ Final
Disposal systems

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000

Mandatory segregation at source

SECTION 21 & 22
1. Reduction of Wastes Being Generated
2. Reduction of Wastes to be Disposed, through:
segregation at source

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000

Mandatory segregation at source

SECTION 21 & 22
-separate container for each type of waste
from all sources
-solid waste containers shall be properly
marked or identified on-site collection
as compostable, non-recyclable,
or special waste, and any other
classification as may be determined by
the Commission.

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000

Mandatory segregation at source

SECTION 21 & 22
-For premises containing six or more
residential units, the LGU shall promulgate
regulations AND.
PROVIDE FOR THE RESIDENTS A
DESIGNATED AREA and CONTAINERS IN
WHICH TO ACCUMULATE SOURCE
SEPARATED RECYCLABLE MATERIALS
TO
BE
COLLECTED
BY
THE
MUNICIPALITY OR PRIVATE CENTER.

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000

Mandatory segregation at Collection

Section 23
-all collectors
shall be equipped with
PERSONAL PROTECTIVE EQUIPMENT
-necessary TRAINING shall be given

-collection
of
waste
shall
PREVENT
DAMAGE TO THE CONTAINER and
SPILLAGE or scattering of waste within
the vicinity.

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000

Establishment of LGU materials recovery

facilities (MRF) Section 32
-for every barangay or cluster of barangays

[Link]

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000

Closure/conversion of open dumps to

Controlled
Disposal
Facility/
Final
Disposal systems - Section 37

Any person who shall commence

operation
for
construction
and
expansion
of
SOLID
WASTE
MANAGEMENT FACILITY must obtain
an ENVIRONMENTAL COMPLIANCE
CERTIFICATE (ECC) from DENR-EMB

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000
Prohibited Acts

Littering, throwing in Public

Places
Undertaking activities in
violation of Sanitation
operation
Open burning solid waste

Fines

P300.00 to
P1,000.00
P300.00 to
P1,000.00

P300.00 to
P1,000.00
Permitting collection of non P1,000.00 to
segregated waste
P3,000.00
Squatting in open
P1,000.00 to
dumps/landfills
P3,000.00

Penalty

1 day to 15 days
or both
1 day to 15 days
or both
1 day to 15 days
or both
15 days to 6
months or both
15 days to 6
months/both

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000
Prohibited Acts
Dumping, Burying of
non/or biodegradable
materials in flood prone
areas
Unauthorized removal of
recyclable material
Mixing of source
separated recyclable
material with other solid
waste in any vehicle, box

Fines
P1,000.00 to
P3,000.00

Penalty
15 days to 6
months or both

P1,000.00 to
P3,000.00
P500,000.00
plus 5% to 10%
of net annual
income

15 days to 6
months/both
1 year to 3 years

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000
Prohibited Acts

Fines

Establishment of open
P500,000.00
dump or closure of said
plus 5% to 10%
dump in violation of Sec. 37; of annual
income
Manufacture, distribution or P500,000.00
use of non environmentally plus 5% to 10%
acceptable packaging
of annual
materials
income
Import of consumer product P500,000.00
in non- environmental
plus 5% to 10%
packaging
income

Penalty
1 year to 3
years

1 year to 3
years

1 year to 3
years

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000
Prohibited Acts
Import of toxic waste
misrepresented as
recyclable
Transport or dumping in
bulk collected domestic,
industrial, commercial
waste in areas other than
facilities prescribed
Site operation of waste
management facilities w/o
ECC not conforming to
landuse plan of LGU

Fines

Penalty

P10,000.00 to
200,000.00

30 days to 3
years or both

P10,000.00 to
200,000.00

30 days to 3
years or both

100,000.00 to
1 million

1 year to 6
years or both

ECOLOGICAL SOLID WASTE MANAGEMENT

ACT OF 2000
Prohibited Acts

Fines

Penalty

Construction of any
100,000.00 to
establishment within 200 1 million
meters from open or
controlled dumps or
sanitary landfill

1 year to 6
years or both

Construction or operation 100,000.00

of landfills or any waste
To
disposal facility on any
1 million
aquifer, groundwater
reservoir or watershed
area or portion thereof

1 year to 6
years or both

The Brown Environment

ENVIRONMENTAL IMPACT
ASSESSMENT (EIA)

Environmental Impact
Statement (EIS) System
P.D. 1586
Approved on June 11, 1978
For Environmental Management Related
Measures and for other Purposes

Environmental Impact Statement System

Presidential Decree No. 1586
EIS System is primarily concerned with
assessing the direct and indirect impacts
of a project on the biophysical and
human environment and;
ensuring that these impacts are
addressed by appropriate environmental
protection and enhancement measures

Environmental Impact Statement System

Presidential Decree No. 1586

All proposed projects whether

government
or
private
with
significant affect to the quality of the
environment is covered.

Environmental Impact Assessment

On line application of ECC/CNC
SECURING ENVIRONMENTAL COMPLIANCE
CERTIFICATE (ECC)
Initial Environmental Examination (IEE) or
environmental feasibility study
Site Development Plan showing all facilities
Vicinity map adequately identifying the
location or premises of project and the nearby
land uses establishment.

Environmental Impact Assessment

On line application of ECC/CNC
SECURING ENVIRONMENTAL
CERTIFICATE (ECC)

COMPLIANCE

Pictures of establishment and anti-pollution

devices
Anti-pollution designs and plans

Environmental Impact Assessment

On line application of ECC/CNC
SECURING ENVIRONMENTAL
CERTIFICATE (ECC)

COMPLIANCE

Business Regulatory Documents

DTI Registration and/or (if applicable)
SEC Registration

Environmental Impact Assessment

On line application of ECC/CNC
SECURING ENVIRONMENTAL COMPLIANCE
CERTIFICATE (ECC)
Zoning/Locational Clearance issued by:
- the Housing and Land Use Regulatory
Board; or
- the Deputized Administrator
-(MPDC of the Municipal Government Unit
where the project is situated)

Environmental Impact Assessment

On line application of ECC/CNC
SECURING ENVIRONMENTAL COMPLIANCE
CERTIFICATE (ECC)
Certification from the Local Government Unit
that it has consulted its constituents and that
they interpose no objection whatsoever
against the project ("Barangay and Municipal
Clearance Resolution")

Environmental Impact Assessment

Issuance of supplemental guidelines for DAO
2003-14 Philippine Environmental Partnership
Program
DENR Administrative Order No. 2003-14
Series of 2004 Creating the Environmental
Partnership Program to Support Industry SelfRegulation Towards Improved Environmental
Performance

Environmental Impact Assessment

promoting mandatory self monitoring of
establishment to comply with standards
Provide
incentives
to
SME
(Small
Manufacturing Enterprises) to achieve
pollution prevention and cleaner production

The Brown Environment

TOXICS

Toxic Substances & Hazardous &

Nuclear Wastes Control Act
R.A. 6969
Approved on October 26, 1990
control toxic substances and hazardous
nuclear wastes

RA 6969
Scope this Act shall cover the importation,
manufacture,
processing,
handling,
storage, transportation, sale, distribution,
use and disposal of all unregulated
chemical substances and mixture 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
purposes.

TOXIC
The Philippine Inventory of Chemical and
Chemical Substances (PICCS) listed 46,280
chemicals that are regularly imported,
manufactured and used by industrial
establishment and other related operations..
RA 6969 regulates the import, manufacture
and use of chemicals and substances for
public health and environmental protection

TOXICS
Controlled Chemicals
- Mercury

- Cyanide
- Asbestos

Biphenyls
-ozone
depleting

- Poly
Chlorinated

Pre-Manufacturing and Pre-Importation

Requirements (Section 8, RA 6969)
BEFORE
any
new
chemical
substances or mixture can be
manufactured, processed or imported for
the first time as determined by the
DENR

the MANUFACTURER, PROCESSOR

OR IMPORTER shall submit the
following information:

Pre-Manufacturing and Pre-Importation

Requirements (Section 8, RA 6969)

1. The name
substance;

of

the

chemical

2. The chemical identity and molecular

structure.
3. The proposed categories of use.

Pre-Manufacturing and Pre-Importation

Requirements (Section 8, RA 6969)

4.

an estimate of the amount to be

manufactured, processed or imported;
processing and disposal thereof;

5.

any test data related to health and

environmental effects which the
manufacturer, processor or importer
has.

Prohibited Acts (Section 13, RA 6969)

The following ACTS and OMISSIONS
shall be UNLAWFUL.
[Link] use in chemical substance or
mixture which is imported, manufactured\,
processed or distributed in violation of this
Act or implementing rules and regulations
or orders;

Prohibited Acts (Section 13, RA 6969)

The following ACTS and OMISSIONS
shall be UNLAWFUL.
b. Failure or refusal to submit reports,
notices and information, access to record
as required by this Act, or permit
inspection of establishment where
chemicals are manufactured, processed,
stored or otherwise held,

Prohibited Acts (Section 13, RA 6969)

The following ACTS and OMISSIONS
shall be UNLAWFUL.

c. Failure or refusal to comply with the

pre-manufacture and
pre-importation
requirements; and

Prohibited Acts (Section 13, RA 6969)

The following ACTS and OMISSIONS
shall be UNLAWFUL.

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.

Criminal Offenses and Penalties

(Section 14, R.A. 6969
a. The penalty of imprisonment of 6 months and 1 day to
6 years and 1 day and a fine ranging from P600.00 to
P4,000.00 shall be imposed upon any person who shall
violate Section (a) to of this Act and shall not be
covered by the Probation Law,
If the offender is a foreigner, he or she shall be
deported and barred from any subsequent entry into
the Philippines after serving his or her sentence;

b. The penalty of imprisonment of 12 years and 1

day to 20 years shall be imposed upon any
person who shall violate Section 13 d of this Act.
If the offender is a foreigner, he or she shall be
deported and barred from any subsequent entry
into the Philippines after serving her or his
sentence.

Administrative Fines
(Section 15, RA 6969.
In all cases of violations of this Act, including
violations of implementing rules and regulations
which have been duly promulgated and published
in accordance with Section 16 of this Act, the
Secretary of ENR is hereby authorized to impose
a fine of not less than P10,000, but not more than
P50,000 upon any person or entity found guilty
thereof;

The Brown Environment

MINERAL RESOURCES

Philippine Mining Act

R.A. 7942
Approved on March 3, 1995
Instituting new system of mineral
resources exploration,
development, utilization, and
conservation.

R.A. 7942 PHILIPPINE MINING ACT

Ownership of Mineral Resources
Section 4
All mineral resources in public and private
lands and within the exclusive economic
zones of the Republic of the Philippines are
own by the State.
Article XII, Section 2 of the 1987 Constitution

R.A. 7942 PHILIPPINE MINING ACT

EXPLORATION, DEVELOPMENT, UTILIZATION,
and PROCESSING
shall be under the full control and
supervision of the STATE.
Directly undertake
activities or may enter into
MINERAL AGREEMENTS
with contractors.

R.A. 7942 PHILIPPINE MINING ACT

QUALIFIED ERSON TO APPLY
Individual
a Filipino citizen of legal age with capacity
to contract
Corporation,
Partnership,
Association
or
Cooperative
organized or authorized for the purpose of
engaging in mining duly registered in accordance
with law, at least sixty percent (60%) of the capital
of which is owned by Filipino citizens

R.A. 7942 PHILIPPINE MINING ACT

Permits and Agreements
Section 20, 26

Exploration Permit

R.A. 7942 PHILIPPINE MINING ACT

Permits and Agreements
Exploration Permit
Applicants for Exploration Permits are
required to submit the ENVIRONMENTAL
WORK PROGRAM (EWP) detailing the
environmental
impact,
control
and
rehabilitation activities proposed during
exploration period and the costs to enable
sufficient financial resources to be allocated
to meet the environmental and rehabilitation
commitments

R.A. 7942 PHILIPPINE MINING ACT

Permits and Agreements
Section 20, 26

Mineral Agreements
Mineral Production Sharing
Agreement (MPSA)
Co-Production Agreement
Joint Venture Agreement

R.A. 7942 PHILIPPINE MINING ACT

Permits and Agreements
Mineral Agreements
Mineral Production Sharing Agreement
(MPSA)
Government shares in the production of
the Contractor, whether in kind or in value,
as owner of the minerals. In return, the
Contractor shall provide the necessary
financing, technology, management and
personnel for the mining project.

R.A. 7942 PHILIPPINE MINING ACT

Permits and Agreements
Mineral Agreements
Co-Production Agreement

Government provides inputs to the

mining operations other than the
mineral resources;

R.A. 7942 PHILIPPINE MINING ACT

Permits and Agreements
Mineral Agreements
Joint Venture Agreement
Government and the Contractor organize
a joint venture company with both
parties having equity shares. For its
share, the Government is entitled to a
share in the gross output of the mining
project aside from its earnings in the
equity of the company.

R.A. 7942 PHILIPPINE MINING ACT

Permits and Agreements
TERM of Mineral Agreements
- not exceeding twenty-five (25) years
from the date of its execution
- renewable for another term not exceeding
twenty-five (25) years under the same
terms and conditions, without prejudice to
changes mutually agreed upon by the
Government and the Contractor.

R.A. 7942 PHILIPPINE MINING ACT

AFTER 50 YEARS.
the operation of the mine may be
undertaken by the Government or through
awarded to the highest
a Contractor.
bidder in a public bidding
-due publication
-notice

However, the original Contractor shall have

the right to equal highest bid upon
reimbursement of all reasonable expenses of
the highest bidder.

R.A. 7942 PHILIPPINE MINING ACT

Permits and Agreements
Financial or Technical Assistance
Agreement
Small Scale Mining Permit
Industrial Sand and Gravel Permit
Mineral Processing Permit

R.A. 7942 PHILIPPINE MINING ACT

AREAS OPEN TO MINING OPERATION
Section 18

Public and private lands

Lands covered by
expired/abandoned/canceled
mining/quarrying rights
Mineral Reservations and
Timber or forest lands as defined in existing
laws

R.A. 7942 PHILIPPINE MINING ACT

AREAS CLOSED TO MINING
APPLICATIONS
Section 19

Areas covered by valid and existing

mining rights and mining applications

R.A. 7942 PHILIPPINE MINING ACT

AREAS CLOSED TO MINING APPLICATIONS
Old growth or virgin forests, proclaimed
watershed forest reserves, wilderness areas,
mangrove forests, mossy forests, national parks,
province/municipal
forests,
tree
parks,
greenbelts, game refuge, bird sanctuaries and
areas proclaimed as marine reserves/marine
parks and tourist zones as defined by law and
identified initial component of the NIPAS
National Integrated Protected Areas System
R.A. 7586

R.A. 7942 PHILIPPINE MINING ACT

AREAS CLOSED TO MINING APPLICATIONS

Areas expressly prohibited by law

R.A. 7942 PHILIPPINE MINING ACT

AREAS CLOSED TO MINING APPLICATIONS

In military and other government

reservations except upon written
clearance from the government
agency concerned

R.A. 7942 PHILIPPINE MINING ACT

AREAS CLOSED TO MINING APPLICATIONS
Near or under public or private buildings,
cemeteries, archeological and historic sites,
bridges, highways, waterways, railroads,
reservoirs, dams or other infrastructures
projects, public or private works including
plantations or valuable crops, except upon
written consent of the government agency
or private entity concerned

R.A. 7942 PHILIPPINE MINING ACT

AREAS CLOSED TO MINING APPLICATIONS
Ancestral Lands
No ancestral lands shall be opened
for mining applications without prior
consent
of
the
indigenous
community concerned

R.A. 7942 PHILIPPINE MINING ACT

AREAS CLOSED TO MINING APPLICATIONS
Ancestral Lands
In the event of agreement with the
indigenous cultural community, the
royalty payment upon utilization of
the mineral resources shall be agreed
upon by the parties

R.A. 7942 PHILIPPINE MINING ACT

TRANSPORT and SHIPMENT

of MINERAL RESOURCES
Section 53
An Ore Transport Permit OTP is required for
the transport of mineral ore from the mine
site to a stock yard or warehouse;
A Mineral Ore Export Permit is required for
the shipment or export abroad of mineral
ore from the stock yard or warehouse

R.A. 7942 PHILIPPINE MINING ACT

TRANSPORT and SHIPMENT
of MINERAL RESOURCES
Any transport or shipment of mineral
ore without the required permits is a
prima facie evidence of illegal mining
and shall be sufficient cause for the
confiscation of the mineral ore, tools,
equipment utilized. The violator will
be liable for theft of mineral

R.A. 7942 PHILIPPINE MINING ACT

MINE SAFETY and ENVIRONMENTAL
PROTECTION
Section 63
All contractors and permittees shall strictly
comply with mine safety rules and
regulations and the sanitary upkeep of the
mining operations

R.A. 7942 PHILIPPINE MINING ACT

MINE SAFETY and ENVIRONMENTAL
PROTECTION
Section 63
All contractors and permittees are required to
secured a Certificate of Environmental
Management and Community Relations Record

(CEMCRR)

proof
of
satisfactory
environmental
management
and community relations in its
past/existing mineral resource
ventures

R.A. 7942 PHILIPPINE MINING ACT

ENVIRONMENTAL PROTECTION and
ENHANCEMENT PROGRAM (EPEP)
Section 69
All contractors and permittees during the
operation stage are required to submit, aside
from the ECC, an EPEP providing the detailed
description of the expected and considered
acceptable impacts and shall set out the life of
mine
environmental
protection
and
enhancement management in mining and the
post mining land use potential of the area.

R.A. 7942 PHILIPPINE MINING ACT

CONTINGENT LIABILITY and REHABILITATION FUND
Section 71
Mine Rehabilitation Fund
Monitoring Trust Fund P 150,000.00
Rehabilitation Cash Fund P 5,000,000,00 or
10% of the total amount to implement the
EPEP

R.A. 7942 PHILIPPINE MINING ACT

CONTINGENT LIABILITY and REHABILITATION
FUND
Final Mine Rehabilitation/Decommissioning
Fund (FMRDF)
the annual provision shall be set up for the
fund and shall be based on the total cost for
the actual implementation of approved
FMRD Plan

R.A. 7942 PHILIPPINE MINING ACT

SOCIAL DEVELOPMENT and
MANAGEMENT PROGRAM (SDMP)
All contractors and permittees are required to
submit a SDMP for the host and neighboring
communities;

The SDMP includes accredited activities such

as education; health; infrastructure; livelihood

R.A. 7942 PHILIPPINE MINING ACT

SETTLEMENT OF CONFLICTS (Chapter XIII)
Quasi-judicial Bodies
Panel of Arbitrators (Regional Level)
exclusive jurisdiction to hear and decide on:
Disputes involving rights to mining areas
Disputes involving mineral agreements or
permits
Disputes involving surface owners, occupants
and claimholders/ concessionaires

R.A. 7942 PHILIPPINE MINING ACT

SETTLEMENT OF CONFLICTS (Chapter XIII)
Quasi-judicial Bodies
Mines Adjudication Board
with three (3) members
1. Secretary as the chairman.
2. Director of Mines and Geosciences Bureau (MGB)
3. Undersecretary for Operations

appellate jurisdiction over the decision and

order of the Panel of Arbitrators

R.A. 7942 PHILIPPINE MINING ACT

Grounds for cancellation, revocation and
termination of mineral agreements, permits
and Financial or Technical Assistance
Agreement (FTAA) Chapter XVII

Late or non filing of requirements

Violation of the terms and conditions of
Permits or agreements
Non-payment of Taxes and Fees

R.A. 7942 PHILIPPINE MINING ACT

Grounds for cancellation, revocation and
termination of mineral agreements, permits
and Financial or Technical Assistance
Agreement (FTAA) Chapter XVII

Failure to abide by the terms and conditions

of tax incentives and credits
Falsehood or Omission of Facts in the
Statement

R.A. 7942 PHILIPPINE MINING ACT

PENAL ROVISION- Chapter XIX
False Statements
any person who presents any false application,
declaration or evidence to the Government or
information relating to mines, mining operations
or mineral agreements, FTAA or permits shall
upon conviction be penalized by fine of not
exceeding P10,000.00

R.A. 7942 PHILIPPINE MINING ACT

PENAL ROVISION- Chapter XIX
Illegal exploration
any person undertaking exploration work
without the necessary exploration permit shall
upon conviction be penalized by a fine not
exceeding P50,000.00

R.A. 7942 PHILIPPINE MINING ACT

PENAL ROVISION- Chapter XIX
Theft of Minerals
any person extracting minerals and disposing the
same without a mining agreement, permit, license
or steals minerals or products thereof from mines
or mills or processing plants shall upon conviction,
be imprisoned from 6 months to 6 years or pay a
fine from P10,000.00 to P20,000.00 or both.
In addition pay compensation for the minerals
extracted, remove and disposed.

R.A. 7942 PHILIPPINE MINING ACT

PENAL ROVISION- Chapter XIX

Destruction of Mining Structures
any person who willfully destroys or
damages structures in or on the mining
area shall on conviction be imprisoned for
a period not to exceed 5 years.
In addition pay compensation for
damages .

R.A. 7942 PHILIPPINE MINING ACT

PENAL ROVISION- Chapter XIX

Mines Arson
any person who set fire to any mineral
stockpiles, mine workings, or mine shall
be guilty of arson and shall upon
conviction be penalized in accordance
with the revised Penal Code and pay for
the damages.

R.A. 7942 PHILIPPINE MINING ACT

PENAL ROVISION- Chapter XIX

Willful damage to a mine
any person who willfully damages a mine
or obstruct any passage, or damages any
machine, or other things used in the mine
upon conviction be imprisoned not exceeding
5 years and in addition pay for damages.

R.A. 7942 PHILIPPINE MINING ACT

PENAL ROVISION- Chapter XIX

Illegal Obstruction to Permittees or Contractors
any person who cause, prevent or obstruct
a permittee or contractor without justifiable
cause from undertaking mining
operation
shall be punished upon
conviction by a
fine
not
exceeding
P5,000.00
or
imprisonment not exceeding 1 year or both

R.A. 7942 PHILIPPINE MINING ACT

PENAL ROVISION- Chapter XIX

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 shall be
punished upon conviction by a fine not
exceeding P5,000.00 or by imprisonment
not exceeding 1 year or both

R.A. 7942 PHILIPPINE MINING ACT

PENAL ROVISION- Chapter XIX

Other violations
any other violations of the law and its
implementing rules and regulations shall
constitute an offense punishable with a
fine not exceeding P5,000.00.

BLUE LAWS

Philippine Performance in World Fisheries (2008)

-Ranked 6th in fish production. The 4.97 million MT production of
fish, crustaceans, mollusks, and aquatic plants (including
seaweeds). constitutes 3.12% of the total world production of
159.1million metric tons (FAO website).
-Ranked 9th in aquaculture production of fish, crustaceans and
mollusks contributing 1.4% share to the total global aquaculture
production of 52.55 million MT. The countrys aquaculture
production amounted to over 1.58 billion dollars (FAO website).

-Top 3 largest producer of aquatic plants (including seaweeds)

having produced a total of 1.67 million metric tons or nearly
10.6% of the total world production of 15.78 million metric tons
(FAO website)

The BLUE Environment

FISHERIES CODE OF 1998

R.A. 8550
Approved on February 25, 1998
Providing for the development,
management and conservation of
the fisheries and aquatic resources.

RA [Link] Code
POLICY OBJECTIVE
a. to achieve food security as the overriding
consideration in order to provide the food
needs of the population.
b. to limit access to the fishery and aquatic
resources for the exclusive use and
enjoyment
of
Filipinos;

RA [Link] Code
POLICY OBJECTIVE
c. to ensure the rational and sustainable
development, management and conservation
of the fishery and aquatic resources in
Philippine water including the EEZ
d. to protect the rights of fisherfolk, especially
of the local communities in the preferential use
of the municipal waters.

RA [Link] Code
POLICY OBJECTIVE
e. to provide support to the fishery sector,
primarily to the municipal fisherfolk, women
and youth sectors, through technology and
research, post-harvest facilities, marketing and
others.
f. to manage fishery and aquatic resources, in a
manner consistent with the concept of an
Integrated Coastal Area Management (ICM)

RA [Link] Code
POLICY OBJECTIVE
g. to grant the private sector the privilege to
utilize fishery resources under the basic
concept that the grantee, licensee is an active
par participant and partner of the Government
in the sustainable development, management,
conservation and protection of the aquatic
resources
of
the
country.

RA [Link] Code
APPLICATION
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;

RA [Link] Code
APPLICATION
all aquatic and fishery resources
whether inland, coastal or offshore
fishing areas, including but not limited to
fishponds, fish pens/cages;
all lands devoted to aquaculture, or
businesses and activities relating to
fishery, whether private or public lands.

RA [Link] Code
MUNICIPAL WATERS
Section 4(58) of RA 8550 defines municipal waters as those
which include not only streams, lakes, inland bodies of
water and tidal waters within the municipality, which are
not included within the protected areas as defined under
Republic Act No. 7586 (the NIPAS Law), public forest, timber
lands, forest reserves, or fishery reserves, but also marine
waters included between two (2) lines drawn
perpendicular to the general coastline from points where
the boundary of the lines of the municipality touch the
sea at low tide and a third line parallel with the general
coastline including offshore islands and fifteen (15)
kilometers from such coastline.

RA [Link] Code
MUNICIPAL WATERS
Where two (2) municipalities are so
situated on opposite shores that there is
less than thirty (30) kilometers of marine
waters between them, the third line shall
be equally distant from the opposite
shore of the respective municipalities.

Prohibited ACTS
SEC. 86. Unauthorized
Fishing or Engaging in
Other Unauthorized
Fisheries Activities..

captain or (3) highest officers

FINE =
value of
catch or
(P10,000.00), and
(6) months,
confiscation of catch/ gears, and
revocation of license.

SEC. 87. Poaching in

Philippine Waters. - .
entry of foreign fishing =
prima facie evidence

(US$100,000.00), in addition to the

confiscation of its catch, fishing
equipment and fishing vessel:

SEC. 88. Fishing with

Explosives, Noxious o
Substance, Electricity. -

possession (6) months (2) years.;use

or (5) years - (10) years; Dealing (6)
months (2) years.

SEC. 89. Use of Fine

Mesh Net. -

(P2,000.00) to (P20,000.00) or
months (2) years or both

(6)

Prohibited ACTS
SEC. 90. Use of Active Gear captain and master fisherman 2
in the Municipal Waters and to 6 years:; owner P2,000.00 to
Bays and Other Management P20,000.00.
Areas.

SEC. 91. Corral -gathering,

possessing, sell or
exporting,

(6) mos- (2) yrs /P2,000.00 to

20,000.00), or both forfeiture of the
subject corals, and the vessel

SEC. 92. Ban on Muro-Ami,

Other Methods and Gear
Destructive to Coral Reefs
and Other Marine Habitat.

operator, captain, master, recruiter

2 yrs to 10 yrs/ 100,000.00 to
500,000.00 / both; catch and gear =
confiscated.

SEC. 94. Conversion of

Mangroves. - into fishponds
or for any other purposes.

6 yrs 1 day to 12 yrs /fine

P80,000.00; offender required to
restore or compensate for the
restoration of the damage.

Prohibited ACTS
SEC. 95. Fishing in Overfished
Area and During Closed
Season.

6 mos & 1 day to 6 yrs /fine of

P6,000.00/ forfeiture of catch and
cancellation of permit or license.

SEC. 96. Fishing in Reserves,

Refuge, Sanctuaries.

2 yrs to 6 yrs / fine of 2,000.00 to

20,000.00/ forfeiture of the catch;
cancellation of permit or license.

SEC. 97. Fishing or Taking of

Rare, Threatened or
Endangered Species. - listed in
CITES and determined by
Department. (Convention on International

12 yrs to 20 yrs / fine of 120,000.00;

forfeiture of the catch, and the
cancellation of fishing permit.

Trade in Endangered Species of Wild Fauna and

Flora)

SEC. 98. Capture of Sabalo and

Breeders/Spawners. except
for local breeding, research
subject to guidelines of
Department.

6 mos and 1 day to 8yrs / fine

80,000.00 and forfeiture of the catch,
and fishing equipment used and
revocation of license.

Prohibited ACTS
SEC. 99. Exportation of
8 yrs, confiscation or a fine
Breeders, Spawners, Eggs or equivalent to double the value and
Fry.
revocation of export permit.
SEC. 101. Violation of Catch
Ceilings. -

6) mos and 1 day to 6 yrs / fine

P50,000.00 & forfeiture of catch,
equipment, revocation of license.

SEC. 102. Aquatic Pollution. - 6 yrs 1day to 12 yrs /fine of

Aquatic pollution,
80,000.00 + additional 8,000.00/
day til ceases & fines paid
SEC. 103. Other violations.
Failure to Comply with Minimum Safety Standards
Failure submit Yearly Report on Fishponds, Fish Cages
Gathering and Marketing of immature Shell Fishes
Obstruction to Navigation /Flow and Ebb in River, Lake or Bay.

Prohibited ACTS
SEC 104. Commercial
Fishing Operators
Employing Unlicensed
Fisherfolk or Crew.

Fine P500.00 / month /fishrfolk

employed and/or 1,000.00/month
for each unlicensed crew .

SEC 105. Obstruction of

Defined Migration Paths.
of anadromous,
catadromous & migratory
species,

7 yrs to 12 yrs or a fine

50,000.00 to P100,000.00.) or
both, cancellation of
permit/license & dismantling at
his expense

SEC 106. Evades,

Fine 10,000.00 registration,
obstructs, hinders fishery license of the vessel & master
law officer to perform duty fisherman shall be canceled.

GREEN LAWS

FOREST & WATERSHED

FOREST & WATERSHED

Forest
refers to an ecosystem or an
assemblage
of
ecosystems
dominated by trees and other
woody vegetation; a community of
plants and animals interacting with
one another and its physical
environment.

FOREST & WATERSHED

Watershed
refers to a land area drained by a
stream or fixed body of water and
its tributaries having a common
outlet for surface run-off.
(Sec. 3.m. PD 705)

BENEFITS FROM FORESTS

Provisioning Services
Food, medicine, fresh water, wood, fiber,
fodder, energy, etc.
Supporting Natural Processes
Biodiversity maintenance, pollination,
water filtration, production of
atmospheric oxygen, etc.
Regulating Environmental Processes
Water flow regime, soil erosion regulation,
etc.

The closed forests in

the forest lands
include areas that
have not been logged
and logged-over areas
whose vegetation
have reached the
closed canopy stage.

The plantation areas

include those covered by
IFMA, SIFMA, AFFLA,
TFLA and CBFMA and
plantations and
reforestation projects
established through
government efforts and
as compliance to terms
and conditions of
licenses/lease
agreements.

FORESTRY TENURE INSTRUMENTS

Integrated Forest Management Agreement (IFMA)

Community-Based Forest Mgt Agreement (CBFMA)

Socialized Forest Management Agreement (SIFMA)

Tree Farm Lease Agreement (TFLA)

Agro-Forestry Farm Lease Agreement (AFFLA)

FORESTRY TENURE
A broad concept that includes ownership,
tenancy and other arrangements for the use
of forests. Forest tenure is the combination
of legally or customarily defined forest
ownership rights and arrangements for the
management and use of forest resources.
Forest tenure determines who can use what
resource, for how long and under what
conditions.

A major portion of the

open forests in the
forest zone falls within
areas logged by
timber license
agreement holders
including those
portions affected by
timber poaching,
areas destroyed by
fire and other forest
disturbances.

banned the cutting/using of all

mangrove species, costbenefit analysis of mangrove
reforestation without
harvesting was also
computed.

The mangrove areas

within the forest zone
are those that have
remained intact as a
result of the ban on
the cutting of
mangrove species
with the forest zone
pursuant to Republic
Act No. 7161.

BASIC FORESTRY LAW

PRESIDENTIAL DECREE NO. 705, or the
Revised Forestry Code of the Philippines
As amended by P.D. No. 1559, P.D. No.
865, P.D. No. 1775, Batas Pambansa
(B.P.) Blg. 701, B.P. Blg. 83, Republic Act
(R.A.) No. 7161, Executive Order (E.O.)
No. 277

I. Basic Principles and Policies

a. The multiple uses of forest lands shall be
oriented to the development and progress
requirements of the country, the advancement
of science and technology, and the public
welfare;
b. Land classification and survey shall be
systematized and hastened;

I. Basic Principles and Policies

c. The establishment of wood-processing
plants shall be encouraged and rationalized;
and
d.
The protection, development and
rehabilitation of forest lands shall be
emphasized so as to ensure their continuity in
productive condition. Section 2, P.D. 705)

A sustainable
forest is a
forest that is
carefully
managed so
that as trees
are felled they
are replaced
with seedlings
that
eventually
grow into
mature trees.

II. ESTABLISHED INSTITUTIONS

1. FOREST MANAGEMENT BUREAU (FMB)

(by virtue of Executive Order 192, 1987)

- provides advice to the DENR Secretary on
forest management, development, conservation
and protection; absorbed the functions & the
powers of the defunct Bureau of Forest
Development (est.1974)

2. DENR Regional Offices

exercises

line

functions

&

powers

III. Relevant Instruments, Processes,

Requirements
Under the 1987 Constitution:
The utilization of Forestry Resources may be -

1. Directly by the State, or

2. The State entering into:
Joint-Venture Agreements
Production Sharing Agreements
Co-production

Section 20- License Agreement, License,

Lease or Permit
No person may utilize, exploit, occupy,
possess or conduct any activity within any
forest and grazing land, or establish, install,
add and operate any wood or forest products
processing plant, unless he had been
authorized to do under a license agreement,
license, lease or permit.

FORESTRY TENURE INSTRUMENTS

Integrated Forest Management Agreement (IFMA)

Community-Based Forest Mgt Agreement (CBFMA)

Socialized Forest Management Agreement (SIFMA)

Forest Land Grazing Management Agreement (FLGMA)

Forest Land-use Agreement (FLAg)

Forest Land-use Agreement for Tourism (FLAgT)

FORESTRY TENURE INSTRUMENTS

Timber License Agreement (TLA)

Tree Farm Lease Agreement (TFLA)

Agro-Forestry Farm Lease Agreement (AFFLA)

PHASE
OUT

FORESTRY SHORT-TERM
CONTRACTS & PERMITS
Rattan Cutting Contract
Wood Processing Plant Permit
(operate sawmills, mini-sawmills,
veneer & plywood plant, etc)
Special Tree Cutting Permit
Special/Private Land Timber Permit

FORESTRY SHORT-TERM
CONTRACTS & PERMITS
Wood Recovery Permit

Special Land Use Permit

Chainsaw Registration/Permit
Wood Import/Export Permit

Lumber Dealers Permit

TENURIAL INSTRUMENTS
UNDER OTHER LAWS

IPRA

CERTIFICATE OF ANCESTRAL
DOMAINS TITLE (CADT)

CERTIFICATE OF ANCESTRAL
LANDS TITLE (CALT)

What is Ancestral Domain?

It refers to all areas generally belonging to ICCs/IPs comprising lands,
inland waters, coastal areas, and natural resources therein, held under a
claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or individually
since time immemorial, continuously to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth
or as a consequence of government projects or any other voluntary
dealings entered into by government and private individuals/corporations,
and which are necessary to ensure their economic, social and cultural
welfare. It shall include ancestral lands, forests, pasture, residential,
agricultural, and other lands individually owned whether alienable and
disposable or otherwise, hunting grounds, burial grounds, worship areas,
bodies of water, mineral and other natural resources, and lands which may
no longer be exclusively occupied by ICCs/IPs but from which they
traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or
shifting cultivators. It is subject to property rights within the ancestral
domains already existing and/or vested upon effectivity of R.A. 8371.

What is Ancestral Land?

It 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. It is
also subject to property rights within the ancestral
domains already existing and/or vested upon effectivity
of R.A. 8371.

LEGAL DOCUMENTS REQUIRED

BY FOREST LAWS
Documents for transport of logs/timber:
1. Computer generated Certificate of
Timber Origin (DAO2007-31
2. Auxiliary Invoices
3. Sales or Commercial Invoices
4. Log Supply Contract
5. Tally Sheets (logs must be marked with forest
officers marking hatchet and Timber
Licesnsees Registered Private Log (Par 7, DAO
34, S 1998)

6. Certificate of Transport Agreement

(Sec. 3, DAO 59 S. 1990 amended by DAO-9407)

LEGAL DOCUMENTSREQUIRED
BYFOREST LAWS
Documents for domestic transport
of minor forest products :
1. Certificate of Origin of Minor Forest
Products
2. Auxiliary Invoice
3. Delivery Receipt
3. Certificate of Inspection (BFD Circular No.
8, S. 1983)

4. Certificate of Transport Agreement (Sec.

3 DAO 59, S. 1990 amended by DAO 94-07)

LEGAL DOCUMENTSREQUIRED
BYFOREST LAWS
Documents for domestic transport
of minor forest products :
1. Certificate of Origin of Minor Forest
Products
2. Auxiliary Invoice
3. Delivery Receipt
3. Certificate of Inspection (BFD Circular No.
8, S. 1983)

4. Certificate of Transport Agreement (Sec.

3 DAO 59, S. 1990 amended by DAO 94-07)

minor forest products :

non-wood forest products (NWFPs) are classified
and referred to as "minor forest products."
The Revised Forestry License Regulations of
1970 define minor forest products as "all other
forest products except timber, pulpwood and
chipwood."

firewood,
charcoal,
rattan,
bamboo, daluru, bark, resin,
gum, wood oil, beeswax, nipa,
burl, fibre, dyewood, vine,
flowering plants, ferns, orchids
and other forest growth.

IV. PROHIBITED ACTS

AND
PENALTIES

OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.

1. Cutting, gathering, collecting or

removing of timber or other
forest products from any forest
land without authority.

OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
ELEMENTS:
a) There must be cutting, gathering,
collecting or removing of timber or other
forest products
b)
The timber or other forest product is cut,
gathered, collected or removed from any forest
land
c) The cutting, gathering, collecting or
removing must be without authority.

OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.

2. Cutting, gathering, collecting

or removing of timber from
alienable or disposable public
land or from private land land
without authority.

OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
ELEMENTS:
a) There must be cutting,
collecting or removing of timber

gathering,

b)
The timber or other forest product is cut,
gathered, collected or removed from alienbale
or disposable public land or from private
land.
c) The cutting, gathering, collecting or
removing must be without authority.

OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.

3. Possession of timber or other

forest products without the
legal documents as required
under existing forest laws and
regulations.

OFFENSES PUNISHABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
ELEMENTS:

a) Possession of timber or other forest

products
b)
The possession is without the legal
documents as required under existing forest
laws and regulations.

PERSONS LIABLE
UNDER SECTION 68 OF P.D. 705, AS
AMENDED BY EO 277, s. 1987.
1. The cutter
2. The gatherer
3. The collector
4. The remover
[Link] possessor or any person who appear
to be responsible for the commission
of the offense.
6. In case of partnerships, associations or
corporations,
the
officers
who
ordered
the
cutting,
gathering,
collection or possession.

RA 9175, OTHERWISE KNOWN AS

CHAINSAW ACT OF 2002
As Implemented by DAO 2003-24
Implementing Rules and Regulations of
Chainsaw Act of 2002

Persons authorized to own, possess

and use chainsaws.
The DENR shall issue a Certificate
of Registration to owners, possessor
and/or users of chainsaws to any of
the following categories:

CATEGORIES
a. Holder of TLA, IFMA, SIFMA, Private Land
Timber Permit/Special Land Timber Permit, CBFMA,
Industrial Tree Farmer Orchard or Fruit Tree Farmer
or Other similar tenurial instrument

b. Anyone who shows satisfactory proof

that the
possession and/or use of chainsaw is for legal
purpose
c. Agencies of the govt, GOCCs, that use chainsaws
in some aspect of their functions
d. Licensed wood processor

RA 9175, OTHERWISE KNOWN AS

CHAINSAW ACT OF 2002

Punishable acts:
1.

Selling,
Purchasing,
Re-selling,
Transferring, Distributing or Possessing
a Chainsaw without a proper permit.

2. Unlawful importation or manufacturing

of Chainsaw.

3. Tampering of Engine Serial Number.

4. Actual Unlawful Use of Chainsaw.

RA 9175, OTHERWISE KNOWN AS

CHAINSAW ACT OF 2002

Chainsaws subject to confiscation:

1. Chainsaw sold, purchased, resold, transferred,
distributed, leased, rented, lent or
possessed without proper authority
2. Chainsaws possessed and actually used to cut
trees and timber in forest land or elsewhere
without a valid Certificate of Registration
3. Chainsaws use as a tool or implement in cutting,
gathering , collecting, removing and/or possessing
timber or forest product without legal documents

Administrative Authority of the

DENR Secretary
Section 2. PD No. 705, as amended is hereby further
amended by adding Section 68-A and 68-B which
reads as follows: Section 68-A. Administrative
Authority of the Department Head or His Duly
Authorized
Representative to Order Confiscation. In all cases of
violation of this code or other forest laws, rules and
regulation, the Department Head or his duly
authorized representative may order the confiscation
of any forest products illegally cut, gathered,
removed,
or possessed or abandoned and all
conveyances used either by land, water or air in the
commission of the offense and to dispose of the
same in accordance with pertinent laws, regulation
or policies on the matter.

Other Persons Authorized to

Confiscate/Seize

Forest Officer or Employee of the FMB

Personnel of PNP
Any agency, barangay or barrio official or any
qualified person to be deputized by the
Department Head
Armed Forces of the Philippines
DENR Officers and other authorized personnel
of DENR, subject to some limitations
Other persons and officers that may be
designated by the Department Head in the
exercise of his administrative authority

DAO 97-32,1997
Rules for the Administrative Adjudication of
Illegal Forest Products and the Machinery,
Equipment, Tools and Conveyances Used in
Connection therewith.

PROCESSESS INVOLVED:

- Apprehension
- Seizure
- Confiscation
- Forfeiture

Subject of Administrative
Confiscation/Seizure

Fruits of the crime

All conveyances, either by land,
water or air used in the commission
of the offense.

All tools and equipment used in

committing the offense

General guidelines in
Administrative confiscation/seizure

Seizure
Sworn Affidavits
Scaling & Inventory
Safekeeping and Disposition
DENR
PNP, AFP, other govt agency

Filing a Complaint
Referral of Complaint
Prosecution of Offenses

Role of LGUs in Forest

Protection and
Forest Law Enforcement

(DENR-DILG-LGU, Memorandum Circular 98-01

amended by MC 2003-01)

The following DENR functions have

devolved to the LGUs are the following:

been

Provinces
enforcement of forest laws, rules and
regulation in CBFP areas, community
watersheds and communal forest

Cities
CBFM areas, community watershed and
communal forest within the territorial
jurisdiction of the city.

Barangays
Barangay officials may be deputized by the
DENR as DENRO

Writ of Kalikasan
A.M. No. 09-6-8-SC :
Rules of Procedure for Environmental
Cases Effective April 29, 2010

Writ of Kalikasan
An ordinary citizen or a juridical entity, PO, NGO
or any public interest group can file a petition to
the Supreme Court or Stations of the Court of
Appeals that his/her right for a balance or
healthful ecology is being violated or threatened
with the violation of the law or omission or a
public official or employee or private individual
entity involving environmental damage with
magnitude as to prejudice the life, health or
property of inhabitants covering two or more
cities or provinces.

Writ of Kalikasan
If the Petition is granted, it can direct
respondents to:
* permanently cease & desist
from committing acts or
neglecting the performance of
duty in violation of environmental
laws resulting in environmental
damage;

Writ of Kalikasan
If the Petition is granted, it can direct
respondents to:
* public official, government agency,
private person or entity to protect,
preserve, rehabilitate or restore the
environment; monitor strict compliance
with decisions or orders of the courts;
& make periodic reports on the
execution of the final judgment;

Green Courts, 2008

Supreme Court Administrative

Order No. 23-2008, January 08,
2008,

Re: Designation of Special

Courts (list of courts) to hear,
decide and try environment
cases

V. JURISPRUDENCE
People of the Philippines vs. CFI of Quezon,Godofredo
Arrozal and Luis Flores
( GR46772, 1992)

Elements of QUALIFIED THEFT OF LOGS:

The elements of the crime of qualified theft of
logs are:
1. That the accused cut, gathered, collected or
removed timber or other forest products;

V. JURISPRUDENCE
People of the Philippines vs. CFI of Quezon,Godofredo Arrozal
and Luis Flores
( GR46772, 1992)

Elements of QUALIFIED THEFT OF LOGS:

The elements of the crime of qualified theft of
logs are:
2. That the timber of other forest products cut,
gathered, collected or removed belongs to the
government or to any private individual; and

V. JURISPRUDENCE
People of the Philippines vs. CFI of Quezon,Godofredo Arrozal and
Luis Flores
( GR46772, 1992)

Elements of QUALIFIED THEFT OF LOGS:

The elements of the crime of qualified theft of
logs are:
3. That the cutting, gathering, collecting or
removing was without authority under a license
agreement, lease, license, or permit granted by
the state.

V. JURISPRUDENCE
Forest products or conveyances confiscated or
seized pursuant to P. D. 705 are in custodia

legis (Calub vs. Monsanto, et al., G. R. 105889, July

20, 1992,

and applied by the Court of Appeals in Galeon

vs. Hon. Getulio M. Francisco, et. Al. (C.A. G.R. S.P.
No. 29693, July 30, 1993).

Basis: The power of the DENR to seize or

confiscate undocumented forest products,
including conveyances is conferred by law,
namely: Sec. 68-A of P. D. 705.

Latest Issuances
EO 23
Section 2. Moratorium on the Cutting and
Harvesting of Timber in the Natural Forests
A moratorium on the cutting and harvesting of
timber in the natural and residual forests of
the entire country is hereby declared unless
lifted after the effectivity of this Executive
Order.

Latest Issuances
EO 23

2.1 The DENR is x x x prohibited from issuing

logging contracts/agreements x x x such as
IFMA,
SIFMA,
CBFMA
and
other
agreements/contracts
with
logging
components in natural and residual forests;

Latest Issuances

EO 23
2.2 The DENR is likewise prohibited from
issuing/renewing tree cutting permits in all natural
and residual forests nationwide, except for clearing
of road right of way by the DPWH, site preparation
for tree plantations, silvicultural treatment and
similar activities, provided that all logs derived from
the said cutting permits shall be turned over to the
DENR for proper disposal.
Tree cutting associated with cultural practices
pursuant to the indigenous Peoples Right Act (IPRA
Law) may be allowed only subject to strict
compliance with existing guidelines of the DENR;

Latest Issuances

EO 23
2.5 The DENR shall close and not allow to
operate all sawmills, veneer plants and
other wood processing plants who are
unable to present proof of sustainable
sources of legally cut logs for a period of at
least five (5) years within one month from
effectivity of this Executive Order:

Latest Issuances

EO 26
3.1.1 All students, identified by the DepEd and
CHED and all government employees shall be
individually required to plant a minimum of
ten (10) seedlings per year in areas
determined by the Convergence Initiative.
Private sectors and civil society groups shall
likewise be encouraged to participate in the
NGP.

Latest Issuances
EO 26
Section 2. Coverage. The National Greening Program shall plant
some 1.5 Billion trees covering about 1.5 Million hectares for a
period of six (6) years from 2011 to 2016, in the following lands
of the public domain:
2.1 Forestlands
2.2 Mangrove and protected areas
2.3 Ancestral domains
2.4 Civil and military reservations
2.5 Urban areas under the greening plan of the LGUs
2.6 Inactive and abandoned mine sites; and
2.7 Other suitable lands