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TABLE 1 RA 9275; "PHILIPPINE CLEAN WATER ACT OF 2004.

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SECTION 27. Prohibited Acts. - The following acts are SECTION 28. Fines, Damages and Penalties. - Unless
hereby prohibited: otherwise provided herein, any person who commits any
of the prohibited acts provided in the immediately
preceding section or violates any of the provision of this
a) Discharging, depositing or causing to be
Act or its implementing rules and regulations, shall be
deposited material of any kind directly or
fined by the Secretary, upon the recommendation of the
indirectly into the water bodies or along the
PAB in the amount of not less than Ten thousand pesos
margins of any surface water, where, the same
(P10,000.00) nor more than Two hundred thousand pesos
shall be liable to be washed into such surface
(P200,000.00) for every day of violation. The fines
water, either by tide action or by storm, floods or
herein prescribed shall be increased by ten percent (10%)
otherwise, which could cause water pollution or
every two (2) years to compensate for inflation and to
impede natural flow in the water body;
maintain the deterrent function of such fines: Provided,
That the Secretary, upon recommendation of the PAB
b) Discharging, injecting or allowing to seep into may order the closure, suspension of development or
the soil or sub-soil any substance in any form that construction, or cessation of operations or, where
would pollute groundwater. In the case of appropriate disconnection of water supply, until such
geothermal projects, and subject to the approval time that proper environmental safeguards are put in
of the Department, regulated discharge for short- place and/or compliance with this Act or its rules and
term activities (e.g. well testing, flushing, regulations are undertaken. This paragraph shall be
commissioning, venting) and deep re-injection of without prejudice to the issuance of an ex parte order for
geothermal liquids may be allowed: Provided, such closure, suspension of development or construction,
That safety measures are adopted to prevent the or cessation of operations during the pendency of the
contamination of the groundwater; case.

c) Operating facilities that discharge regulated Failure to undertake clean-up operations, willfully, or
water pollutants without the valid required through gross negligence, shall be punished by
permits or after the permit was revoked for any imprisonment of not less than two (2) years and not more
violation of any condition therein; than four (4) years and a fine not less than Fifty thousand
pesos (P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each day of
d) Disposal of potentially infectious medical violation. Such failure or refusal which results in serious
waste into sea water by vessels unless the health
injury or loss of life and/or irreversible water
or safety of individuals on board the vessel is contamination of surface, ground, coastal and marine
threatened by a great and imminent peril; water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve
e) Unauthorized transport or dumping into sea (12) years, and a fine of Five Hundred Thousand Pesos
waters of sewage sludge or solid waste as defined (P500,000.00) per day for each day during which the
under Republic Act No.9003; omission and/or contamination continues.

f) Transport, dumping or discharge of prohibited In case of gross violation of this Act, the PAB shall issue
chemicals, substances or pollutants listed under a resolution recommending that the proper government
Republic Act No.6969; agencies file criminal charges against the violators. Gross
violation shall mean any of the following:
g) Operate facilities that discharge or allow to
seep, willfully or through gross negligence, a) deliberate discharge of toxic pollutants
prohibited chemicals, substances or pollutants identified pursuant to Republic Act No.6969
listed under R. A. No. 6969 into water bodies or in toxic amounts;
wherein the same shall be liable to be washed into
such surface, ground, coastal, and marine water;
h) Undertaking activities or development and b) five {5) or more violations within a period
expansion of projects, or operating of two (2) years; or
wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its
c) blatant disregard of the orders of the PAB,
implementing rules, and regulations;
such as the non-payment of fines, breaking of
seals or operating despite the existence of an
i) Discharging regulated water pollutants without order for closure, discontinuance or cessation
the valid required discharge permit pursuant to of operation.
this Act or after the permit was revoked for any
violation of condition therein;
In which case, offenders shall be punished with a fine of
not less than Five hundred thousand pesos (P500,000.00)
j) Non-compliance of the LGU with the Water but not more than Three million pesos (P3,000,000.00}
Quality Framework and Management Area per day for each day of violation or imprisonment of not
Action Plan. In such a case, sanctions shall be less than six {6) years but not more than ten {10) years,
imposed on the local government officials or both, at the discretion of the court. If the offender is a
concerned; juridical person, the president, manager and the pollution
control officer or the official in charge of the operation
shall suffer the penalty herein provided.
k) Refusal to allow entry, inspection and
monitoring by the Department in accordance with
this Act; For violations falling under Section 4 of Presidential
Decree No.979 or any regulations prescribed in
pursuance thereof, such person shall be liable for a fine
l) Refusal to allow access by the Department to
of no1 less than Fifty thousand pesos {P50,000.00) nor
relevant reports and records in accordance with
more than One million pesos (P1,000,000.00) or by
this Act;
imprisonment of not less than one {1) year nor more than
six (6) years or both, for each offense, without prejudice
m) Refusal or failure to submit reports whenever to the civil liability of the offender in accordance with
required by the Department in accordance with existing laws. If the offender is a juridical entity, then its
this Act; officers, directors, agents or any person primarily
responsible shall be held liable: Provided, That any
vessel from which oil or other harmful substances are
n) Refusal or failure to designate pollution
discharged in violation of Section 4 of Presidential
control officers whenever required by, the Decree No.979 shall be liable for penalty of fine
Department in accordance with this Act; and specified in the immediately preceding paragraph and
clearance of such vessel from the port of the Philippines
o) Directly using booster pumps in the may be withheld until the fine is paid and such penalty
distribution system or tampering with the water shall constitute a lien on such vessel which may be
supply in such a way as to alter or impair the recovered in proceedings by libel in rem in the proper
water quality. court which the vessel may be. The owner or operator of
a vessel or facility which discharged the oil or other
harmful substances will be liable to pay for any clean-up
costs.

Provided, finally, That water pollution cases involving


acts or omissions --- committed within the Laguna Lake
Region shall be dealt with in accordance with the
procedure under R. A. No.4850 as amended.
TABLE 2 PD 1067; WATER CODE OF THE PHILIPPINES

Article 90. The following acts shall be penalized by Article 91. A. A fine of not exceeding Three Thousand Pesos
suspension or revocation of the violator's water permit (P3,000.00) or imprisonment for not more than three (3) years,
or other right to the use of water and/or a fine of not or both such fine and imprisonment, in the discretion of the
exceeding One Thousand Pesos (P1,000.00), in the Court, shall be imposed upon any person who commits any of
discretion of the Council: the following acts:

(a)Appropriation of subterranean or ground 1. Appropriation of water without a


water for domestic use by an overlying water permit, unless such person is
landowner without registration required by expressly exempted from securing a
the Council. permit by the provisions of this Code.

(b) Non-observance of any standard of 2. Unauthorized obstruction of an


beneficial use of water. irrigation canal.

(c) Failure of the appropriator to keep a 3. Cultivation of a river bed, sand bar or
record of water withdrawal, when required. tidal flat without permission.

(d) Failure to comply with any of the terms 4. Malicious destruction of hydraulic
or conditions in a water permit or a water works or structure valued at not
rights grant. exceeding Twenty-Five Thousand
Pesos (P25,000.00).
(e) Unauthorized use of water for a purpose
other than that for which a right or permit B. A fine exceeding Three Thousand Pesos
was granted. P3,000.00) but not more than Six Thousand Pesos
P6,000.00) or imprisonment exceeding three (3)
years but not more than six (6) years, or both such
(f) Construction or repair of any hydraulic
fine and imprisonment in the discretion of the
work or structure without duly approved
Court, shall be imposed on any person who
plans and specifications, when required.
commits any of the following acts:

(g) Failure to install a regulating and


1. Distribution for public consumption
measuring device for the control of the
of water which adversely affects the
volume of water appropriated, when
health and safety of the public.
required.

2. Excavation or enlargement of the


(h) Unauthorized sale, lease, or transfer of
opening of a hot spring without
water and/or water rights.
permission.

(i) Failure to provide adequate facilities to


3. Unauthorized obstruction of a river or
prevent or control diseases when required
waterway, or occupancy of a river bank
by the Council in the construction of any
or seashore without permission.
work for the storage, diversion, distribution
and utilization of water.
4. Establishment of a cemetery or a
waste disposal area near a source of
(j) Drilling of a well without permission of water supply or reservoir for domestic
the Council. municipal use without permission.

(k) Utilization of an existing well or 5. Constructing, without prior


ponding or spreading of water for permission of the government agency
recharging subterranean or ground water concerned, works that produce
supplies without permission of the Council. dangerous or noxious substances, or
performing acts that result in the
introduction of sewage, industrial
(l) Violation of or non-compliance with any
waste, or any substance that pollutes a
order, rules, or regulations of the Council.
source of water supply.

(m) Illegal taking or diversion of water in


6. Dumping mine tailings and sediments
an open canal, aqueduct or reservoir.
into rivers of waterways without
permission.
(n) Malicious destruction of hydraulic
works or structure valued at not exceeding
7. Malicious destruction of hydraulic
P5,000.00.
works or structure valued more than
Twenty-Five Thousand Pesos
(P25,000.00) but at not exceeding One
Hundred Thousand Peso (100,000.00).

C. A fine exceeding Six Thousand Pesos


(P6,000.00) but not more than Ten Thousand Pesos
(P10,000.00) or imprisonment exceeding six (6)
years but not more than twelve (12) years, or both
such fine and imprisonment, in the discretion of the
Court, shall be imposed upon any person who
commits any of the following acts:

1. Misrepresentation of citizenship in
order to qualify for water permit.

2. Malicious destruction of a hydraulic


works or structure, valued at more than
One Hundred Thousand Pesos
(P100,000.00).

Article 92. If the offense is committed by a corporation, trust,


firm, partnership, association or any other juridical person, the
penalty shall be imposed upon the President, General Manager,
and other guilty officer or officers of such corporation, trust
firm, partnership, association or entity, without prejudice to the
filing of a civil action against said juridical person. If the
offender is an alien, he shall be deported after serving his
sentence, without further proceedings.

After final judgment of conviction, the Court upon petition of


the prosecution attorney in the same proceedings, and after due
hearing, may, when the public interest so requires, order
suspension of or dissolution of such corporation, trust, firm,
partnership, association or juridical person.

Article 93. All actions for offenses punishable under Article


91 of this Code shall be brought before the proper court.

Article 94. Actions for offenses punishable under this Code by


a fine of not more than Three Thousand Pesos (P3,000.00) or
by an imprisonment of not more than three (3) years, or both
such fine and imprisonment, shall prescribe in five (5) years;
those punishable by a fine exceeding Three Thousand Pesos
(P3,000.00) but not more than Six Thousand Pesos (P6,000.00)
or an imprisonment exceeding three (3) years but not more than
six (6) years, or both such fine and imprisonment, shall
prescribe in seven (7) years; and those punishable by a fine
exceeding Six Thousand Pesos (P6,000.00) but not more than
Ten Thousand Pesos (P10,000.00) or an imprisonment
exceeding six (6) years but not more than twelve (12) years, or
both such fine and imprisonment, shall prescribe in ten (10)
years.

Table 3 RA 8748; PHILIPPINE CLEAN AIR ACT

Section 20. Ban on Incineration. - Incineration, hereby Section 45. Violation of Standards for Stationary
defined as the burning of municipal, biomedical and Sources. - For actual exceedance of any pollution or air
hazardous waste, which process emits poisonous and toxic quality standards under this Act or its rules and regulations,
fumes is hereby prohibited; Provided, however, That the the Department, through the Pollution Adjudication Board
prohibition shall not apply to traditional small-scale (PAB), shall impose a fine of not more than One hundred
method of community/neighborhood sanitation "siga", thousand pesos (P100,000.00) for every day of violation
traditional, agricultural, cultural, health, and food against the owner or operator of a stationary source until
preparation and crematoria; Provided, Further, That such time that the standards have been complied with.
existing incinerators dealing with a biomedical wastes
shall be out within three (3) years after the effectivity of
For purposes of the application of the fines, the PAB shall
this Act;Provided, Finally, that in the interim, such units
prepare a fine rating system to adjust the maximum fine
shall be limited to the burning of pathological and
based on the violator's ability to pay, degree of willfulness,
infectious wastes, and subject to close monitoring by the
degree of negligence, history of non-compliance and degree
Department.
of recalcitrance: Provided, That in case of negligence, the
first time offender's ability to pay may likewise be
Local government units are hereby mandated to promote, considered by the Pollution Adjudication Board: Provided,
encourage and implement in their respective jurisdiction a Further, That in the absence of any extenuating or
comprehensive ecological waste management that aggravating circumstances, the amount of fine for
includes waste segregation, recycling and composting. negligence shall be equivalent to one-half of the fine for
willful violation.
With due concern on the effects of climate change, the
Department shall promote the use of state-of-the-art, The fines herein prescribed shall be increased by at least ten
environmentally-sound and safe non-burn technologies percent (10%), every three (3) years to compensate for
for the handling, treatment, thermal destruction, inflation and to maintain the deterrent function of such
utilization, and disposal of sorted, unrecycled, fines.
uncomposted, biomedical and hazardous wastes.
In addition to the fines, the PAB shall order closure,
suspension of development, construction, or operations of
Section 24. Pollution from smoking. - Smoking inside a the stationary sources until such time that proper
public building or an enclosed public place including environmental safeguards are put in place: Provided, That
public vehicles and other means of transport or in any an establishment liable for a third offense shall suffer
enclosed area outside of one's private residence, private permanent closure immediately. This paragraph shall be
place of work or any duly designated smoking area is without prejudice to the immediate issuance of an ex parte
hereby prohibited under this Act. This provision shall be order for such closure, suspension of development or
implemented by the LGUs. construction, or cessation of operations during the pendency
of the case upon prima facie evidence that their is imminent
threat to life, public health, safety or general welfare, or to
plant or animal life, or whenever there is an exceedance of
no person shall introduce or cause or allow the
the emission standards set by the Department and/or the
introduction of leaded gasoline into any motor vehicle
Board and/or the appropriate LGU.
equipped with a gasoline tank filler inlet and labeled
"unleaded gasoline only". This prohibition shall also
apply to any person who knows or should know that such Section 46. Violation of Standards for Motor Vehicles. -
vehicle is designed solely for the use of unleaded gasoline. No motor vehicle shall be registered with the DOTC unless
it meets the emission standards set by the Department as
provided in Sec. 21 hereof.
Section 29. Prohibition on Manufacture, Import and
Sale of leaded Gasoline and of Engines and/or
Components Requiring Leaded Gasoline. - Effective not Any vehicle suspected of violation of emission standards
later than eighteen (18) months after the enactment of this through visual signs, such as, but not limited to smoke-
Act, no person shall manufacture, import, sell, offer for belching, shall be subjected to an emission test by a duly
sale, introduce into commerce, convey or otherwise authorized emission testing center. For this purpose, the
dispose of, in any manner, leaded gasoline and engines DOTC or its authorized testing center shall establish a
and components requiring the use of leaded gasoline. roadside inspection system. Should it be shown that there
was no violation of emission standards, the vehicle shall be
immediately released. Otherwise, a testing result indicating
For existing vehicles, the DTI shall formulate standards
an exceedance of the emission standards would warrant the
and procedures that will allow non-conforming engines to
continuing custody of the impounded vehicle unless the
comply with the use of unleaded fuel within five(5) years
appropriate penalties are fully paid, and the license plate is
after the effectivity of this Act.
surrendered to the DOTC pending the fulfillment of the
undertaking by the owner/operator of the motor vehicle to
make the necessary repairs so as to comply with the
standards. A pass shall herein be issued by the DOTC to
authorize the use of the motor vehicle within a specified
period that shall not exceed seven (7) days for the sole
purpose of making the necessary repairs on the said vehicle.
The owner/operator of the vehicle shall be required to
correct its defects and show proof of compliance to the
appropriate pollution control office before the vehicle can
be allowed to be driven on any public or subdivision roads.

In addition, the driver and operator of the apprehended


vehicle shall undergo a seminar on pollution control
management conducted by the DOTC and shall also suffer
the following penalties:
a) First Offense - a fine not to exceed Two
Thousand Pesos (P2,000.00);

b) Second Offense - a fine not less than Two


Thousand Pesos (P2,000.00) and not to exceed
Four Thousand Pesos (P4,000.00); and

c) Third offense - one (1) year suspension of the


Motor Vehicle Registration (MVR) and a fine of
not less than Four Thousand Pesos (P4,000.00)
and not more than Six thousand pesos
(P6,000.00).

Any violation of the provisions of Sec. 21 paragraph (d)


with regard to national inspection and maintenance
program, including technicians and facility compliance
shall penalized with a fine of not less than Thirty Thousand
Pesos (P30,000.00) or cancellation of license of both the
technician and the center, or both, as determined by the DTI.

All law enforcement officials and deputized agents


accredited to conduct vehicle emissions testing and
apprehensions shall undergo a mandatory training on
emission standards and regulations. For this purpose, the
Department, together with the DOTC, DTI, DOST,
Philippine National Police (PNP) and other concerned
agencies and private entities shall design a training
program.

Section 47. Fines and Penalties for Violations of Other


Provisions in the Act. - For violations of all other
provisions provided in this Act and of the rules and
regulations thereof, a fine of not less than Ten thousand
pesos (P10,000) but not more than One Hundred thousand
Pesos (P100,000) or six (6) months to six (6) years
imprisonment or both shall be imposed. If the offender is a
juridical person, the president, manager, directors, trustees,
the pollution control officer or the officials directly in
charge of the operations shall suffer the penalty herein
provided.

Section 48. Gross Violations. - In case of gross violation of


this Act or its implementing rules and regulations, the PAB
shall recommend to the proper government agencies to file
the appropriate criminal charges against the violators. The
PAB shall assist the public prosecutor in the litigation of the
case. Gross violation shall mean:
(a) three (3) or more specific offenses within a
period of one (1) year;

(b) three (3) or more specific offenses with three


(3) consecutive years;

(c) blatant disregard of the orders of the PAB,


such s but not limited to the breaking of seal,
padlocks and other similar devices, or operation
despite the existence of an order for closure,
discontinuance or cessation of operation; and

(d) irreparable or grave damage to the


environment as a consequence of any violation
of the provisions of this Act.

Offenders shall be punished with imprisonment of not less


than six (6) years but not more than ten (10) years at the
discretion of the court. If the offender is a juridical person,
the president, manager, directors, trustees, the pollution
control officer or the officials directly in charge of the
operations shall suffer the penalty herein provided.
TABLE 4 PD 984; POLLUTION CONTROL LAW

Section 8. Prohibitions. No person shall throw, run, Section 9. Penalties. (a) Any person found violating or failing
drain, or otherwise dispose into any of the water, air to comply with any order, decision or regulation of the
and/or land resources of the Philippines, or cause, Commission for the control or abatement of pollution shall
permit, suffer to be thrown, run, drain, allow to seep or pay a fine not exceeding five thousand pesos per day for every
otherwise dispose thereto any organic or inorganic day during which such violation or default continues; and the
matter or any substance in gaseous or liquid form that Commission is hereby authorized and empowered to impose
shall cause pollution thereof. the fine after due notice and hearing.

No person shall perform any of the following activities The fines so imposed shall be paid to
without first securing a permit from the Commission for the Government of the Philippines
the discharge of all industrial wastes and other wastes through the Commission, and failure to
which could cause pollution: pay the fine in any case within the time
specified in the above-mentioned Order
or Decision shall be sufficient ground
1. the construction, installation,
for the Commission to order the closure
modification or operation of any sewage
or the stoppage in the operation of the
works or any extension or addition thereto;
establishment being operated and/or
managed by said person or persons
2. the increase in volume or strength of any until payment of the fines shall have
wastes in excess of the permissive discharge been made. The Commission shall have
specified under any existing permit; the power and authority to issue
corresponding writs of execution
directing the City or Provincial Sheriff
3. the construction, installation or operation or other peace officers whom it may
of any industrial or commercial
appoint to enforce the fine or the order
establishments or any extension or of closure or stoppage of operations.
modification thereof or addition thereto, the
operation of which would cause an increase
in the discharge of waste directly into the Payment of fines may also be enforced
water, air and/or land resources of the by appropriate action in a court of
Philippines or would otherwise alter their competent jurisdiction. The remedies
physical, chemical or biological properties provided in this sub-section shall not be
in any manner not already lawfully a bar to nor shall affect any other
authorized. remedies provided for in this Decree
but shall be cumulative and additional
to such remedies.

(b) Any person who shall violate any of the


provisions of Section Eight of this Decree or its
implementing rules and regulations, or any Order
or Decision of the Commission, shall be liable to a
penalty of not to exceed one thousand 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.
(c) Any person who shall refuse, obstruct, or
hamper the entry of the duly authorized
representatives of the Commission into any
property of the pubic domain or private property
devoted to industrial manufacturing, processing or
commercial use during reasonable hours for the
purpose of inspecting or investigating the
conditions therein relating to pollution or possible
or imminent pollution, shall be liable to a fine not
exceeding two hundred pesos or imprisonment of
not exceeding one month, or both.

(d) Any person who violates any of the provisions


of, or fails to perform any duty imposed by this
Decree or its implementing rules and regulations
or by Order or Decision of the Commission
promulgated pursuant to this Decree hereby
causing the death 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 aquatic life destroyed.

(e) In case the violator is a juridical person, the


penalty shall be imposed on the managing head
responsible for the violation.
Table 5 PD 705; REVISED FORESTRY CODE

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.

Section 69. Unlawful occupation or destruction of forest lands. Any person who enters and occupies or possesses, or
makes kaingin for his own private use or for others any forest land without authority under a license agreement, lease,
license or permit, or in any manner destroys such forest land or part thereof, or causes any damage to the timber stand
and other products and forest growths found therein, or who assists, aids or abets any other person to do so, or sets a fire,
or negligently permits a fire to be set in any forest land shall, upon conviction, be fined in an amount of not less than five
hundred pesos (P500.00) nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6)
months nor more than two (2) years for each such offense, and be liable to the payment of ten (10) times the rental fees
and other charges which would have been accrued had the occupation and use of the land been authorized under a license
agreement, lease, license or permit: Provided, That in the case of an offender found guilty of making kaingin, the penalty
shall be imprisoned for not less than two (2) nor more than (4) years and a fine equal to eight (8) times the regular forest
charges due on the forest products destroyed, without prejudice to the payment of the full cost of restoration of the
occupied area as determined by the Bureau.

The Court shall further order the eviction of the offender from the land and the forfeiture to the Government of all
improvements made and all vehicles, domestic animals and equipment of any kind used in the commission of the offense.
If not suitable for use by the Bureau, said vehicles shall be sold at public auction, the proceeds of which shall accrue to
the Development Fund of the Bureau.

In case the offender is a government official or employee, he shall, in addition to the above penalties, be deemed
automatically dismissed from office and permanently disqualified from holding any elective or appointive position.

Section 70. Pasturing Livestock. Imprisonment for not less than six (6) months nor more than two (2) years and a fine
equal to ten (10) times the regular rentals due, in addition to the confiscation of such livestock and all improvement
introduced in the area in favor of the government, shall be imposed upon any person, who shall, without authority under
a lease or permit, graze or cause to graze livestock in forest lands, grazing lands and alienable and disposable lands which
have not as yet been disposed of in accordance with the Public Land Act; Provided, That in case the offender is a
corporation, partnership or association, the officers and directors thereof shall be liable.
Section 71. Illegal occupation of national parks system and recreation areas and vandalism therein. Any person who
shall, without permit, occupy for any length of time any portion of the national parks system or shall, in any manner, cut,
destroy, damage or remove timber or any species of vegetation or forest cover and other natural resources found therein,
or shall mutilate, deface or destroy objects of natural beauty or of scenic value within areas in the national parks system,
shall be fined not less than two hundred (P200.00) pesos or more than five hundred (P500.00) pesos exclusive of the
value of the thing damaged; Provided, That if the area requires rehabilitation or restoration as determined by the Director,
the offender shall also be required to restore or compensate for the restoration of the damage; Provided, Further, That any
person who, without proper permit shall hunt, capture or kill any kind of bird, fish or wild animal life within any area in
the national parks system shall be subject to the same penalty; Provided, Finally, That the Court shall order eviction of
the offender from the land and the forfeiture in favor of the Government of all timber or any species of vegetation and
other natural resources collected or removed, and any construction or improvement made thereon by the offender. If the
offender is an association or corporation, the president or manager shall be directly responsible and liable for the act of
his employees or laborers.

In the event that an official of a city or municipal government is primarily responsible for detecting and convicting the
violator of the provisions of this Section, fifty per centum (50%) of the fine collected shall accrue to such municipality
or city for the development of local parks.

Section 72. Destruction of wildlife resources. Any person violating the provisions of Section 55 of this Code, or the
regulations promulgated thereunder, shall be fined not less than one hundred (P100.00) pesos for each such violation and
in addition shall be denied a permit for a period of three (3) years from the date of the violation.

Section 73. Survey by unauthorized person. Imprisonment for not less than two (2) nor more than four (4) years, in
addition to the confiscation of the implements used in the violation of this section including the cancellation of the license,
if any, shall be imposed upon any person who shall, without permit to survey from the Director, enter any forest lands,
whether covered by a license agreement, lease, license, or permit, or not, and conduct or undertake a survey for whatever
purpose.

Section 74. Misclassification and survey by government official or employee. Any public officer or employee who
knowingly surveys, classifies, or recommends the release of forest lands as alienable and disposable lands contrary to the
criteria and standards established in this Code, or the rules and regulations promulgated hereunder, shall, after an
appropriate administrative proceeding, be dismissed from the service with prejudice to re-employment, and upon
conviction by a court of competent jurisdiction, suffer an imprisonment of not less than one (1) year and a fine of not less
than one thousand, (P1,000.00) pesos. The survey, classification or release of forest lands shall be null and void.

Section 75. Tax declaration on real property. Imprisonment for a period of not less than two (2) nor more than four (4)
years and perpetual disqualification from holding an elective or appointive office, shall be imposed upon any public
officer or employee who shall issue a tax declaration on real property without a certification from the Director of Forest
Development and the Director of Lands or their duly designated representatives that the area declared for taxation is
alienable and disposable lands, unless the property is titled or has been occupied and possessed by members of the national
cultural minorities prior to July 4, 1955.

Section 76. Coercion and influence. Any person who coerces, influences, abets or persuades the public officer or
employee referred to in the two preceding sections to commit any of the acts mentioned therein shall suffer imprisonment
of not less than one (1) year and pay a fine of five hundred (P500.00) pesos for every hectare or a fraction thereof so
improperly surveyed, classified or released.

Section 77. Unlawful possession of implements and devices used by forest officers. Imprisonment for a period of not less
than (2) nor more than four (4) years and a fine of not less than one thousand pesos (P1,000.00), nor more than ten
thousand (P10,000.00) pesos in addition to the confiscation of such implements and devices, and the automatic
cancellation of the license agreement, lease, license or permit, if the offender is a holder thereof, shall be imposed upon
any person who shall, without authority from the Director or his authorized representative, make, manufacture, or has in
his possession any government marking, hatchet or other marking implement, or any marker, poster, or other devices
officially used by officers of the Bureau for the marking or identification of timber or other products, or any duplicate,
counterfeit, or imitation thereof, or make or apply a government mark on timber or any other forest products by means
of any authentic or counterfeit device, or alter, deface, or remove government marks or signs, from trees, logs, stumps,
firewoods or other forest products, or destroy, deface, remove or disfigure any such mark, sign, poster or warning notices
set by the Bureau to designate the boundaries of cutting areas, municipal or city forest or pasture, classified timber land,
forest reserve, and areas under the national park system or to make any false mark or imitation of any mark or sign herein
indicated; Provided, That if the offender is a corporation, partnership or association, the officers and directors thereof
shall be liable.

Section 78. Payment, collection and remittance of forest charges. Any person who fails to pay the amount due and
payable under the provisions of this Code, the National Internal Revenue Code, or the rules and regulations promulgated
thereunder, shall be liable to the payment of a surcharge of twenty-five per centum (25%) of the amount due and payable.

Any person who fails or refuses to remit to the proper authorities said forest charges collectible pursuant to the provisions
of this Code or the National Internal Revenue Code, or who delays, obstructs or prevents the same, or who orders, causes
or effects the transfer or diversion of the funds for purposes other than those specified in this Code, for each such offense
shall, upon conviction, be punished by a fine of not exceeding one hundred thousand pesos (P100,000.00) and/or
imprisonment for a period of not exceeding six (6) years in the discretion of the Court. If the offender is a government
official or employee, he shall, in addition, be dismissed from the service with prejudice to reinstatement and with
disqualification from holding any elective or appointive office.

If the offender is a corporation, partnership or association, the officers and directors thereof shall be liable.

Section 79. Sale of wood products. No person shall sell or offer for sale any log, lumber, plywood or other manufactured
wood products in the international or domestic market unless he complies with grading rules and established or to be
established by the Government.

Failure to adhere to the established grading rules and standards, or any act of falsification of the volume of logs, lumber,
or other forest products shall be a sufficient cause for the suspension of the export, sawmill, or other license or permit
authorizing the manufacture or sale of such products for a period of not less than two (2) years.

A duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading rules.

Every dealer in lumber and other building material covered by this Code shall issue an invoice for each sale of such
material and such invoice shall state that the kind, standard and size of material sold to each purchaser in exactly the same
as described in the invoice. Any violation of this Section shall be sufficient ground for the suspension of the dealer's
license for a period of not less than two (2) years and, in addition thereto, the dealer shall be punished for each such
offense by a fine of not less than two hundred pesos (P200.00) or the total value of the invoice, whichever is greater.

Section 80. Arrest; Institution of criminal actions. A forest officer or employee of the Bureau shall arrest even without
warrant any person who has committed or is committing in his presence any of the offenses defined in this Chapter. He
shall also seize and confiscate, in favor of the Government, the tools and equipment used in committing the offense, and
the forest products cut, gathered or taken by the offender in the process of committing the offense. The arresting forest
officer or employee shall thereafter deliver within six (6) hours from the time of arrest and seizure, the offender and the
confiscated forest products, tools and equipment to, and file the proper complaint with, the appropriate official designated
by law to conduct preliminary investigations and file informations in court.
If the arrest and seizure are made in the forests, far from the authorities designated by law to conduct preliminary
investigations, the delivery to, and filing of the complaint with, the latter shall be done within a reasonable time sufficient
for ordinary travel from the place of arrest to the place of delivery. The seized products, materials and equipment shall
be immediately disposed of in accordance with forestry administrative orders promulgated by the Department Head.

The Department Head may deputize any member or unit of the Philippine Constabulary, police agency, barangay or
barrio official, or any qualified person to protect the forest and exercise the power or authority provided for in the
preceding paragraph.

Reports and complaints regarding the commission of any of the offenses defined in this Chapter, not committed in the
presence of any forest officer or employee, or any of the deputized officers or officials, shall immediately be investigated
by the forest officer assigned in the area where the offense was allegedly committed, who shall thereupon receive the
evidence supporting the report or complaint.

If there is prima facie evidence to support the complaint or report, the investigating forest officer shall file the necessary
complaint with the appropriate official authorized by law to conduct a preliminary investigation of criminal cases and file
an information in Court.
Table 6 RA 7076; PEOPLES SMALL SCALE MINING ACT

Section 13. Terms and Conditions of the Contract. A Section 27. Penal Sanctions. Violations of the
contract shall have a term of two (2) years, renewable subject provisions of this Act or of the rules and regulations
to verification by the Board for like periods as long as the issued pursuant hereto shall be penalized with
contractor complies with the provisions set forth in this Act, imprisonment of not less than six (6) months nor more
and confers upon the contractor the right to mine within the than six (6) years and shall include the confiscation and
contract area: provided, that the holder of a small-scale seizure of equipment, tools and instruments.
mining contract shall have the following duties and
obligations:

(a) Undertake mining activities only in


accordance with a mining plan duly approved by
the Board;

(b) Abide by the Mines and Geosciences Bureau


and the small-scale Mining Safety Rules and
Regulations;

(c) Comply with his obligations to the holder of


an existing mining right;

(d) Pay all taxes, royalties or government


production share as are now or may hereafter be
provided by law;

(e) Comply with pertinent rules and regulations


on environmental protection and conservation,
particularly those on tree-cutting mineral-
processing and pollution control;

(f) File under oath at the end of each month a


detailed production and financial report to the
Board; and

(g) Assume responsibility for the safety of


persons working in the mines.

Section 17. Sale of Gold. All gold produced by small-scale


miners in any mineral area shall be sold to the Central Bank,
or its duly authorized representatives, which shall buy it at
prices competitive with those prevailing in the world market
regardless of volume or weight.
The Central Bank shall establish as many buying stations in
gold-rush areas to fully service the requirements of the
small-scale minerals thereat.
Table 7 RA 7942; PHILIPPINE MINING LAW

PENAL PROVISIONS Section 110


Other Violations
Section 101
False Statements Any other violation of this Act and its implementing
rules and regulations shall constitute an offense
punishable with a fine not exceeding Five thousand pesos
Any person who knowingly presents any false application,
(P5,000.00).
declaration, or evidence to the Government or publishes or
causes to be published any prospectus or other information
containing any false statement relating to mines, mining Section 111
operations or mineral agreements, financial or technical Fines
assistance agreements and permits shall, upon conviction,
be penalized by a fine of not exceeding Ten thousand
The Secretary is authorized to charge fines for late or
pesos (P10,000.00).
non-submission of reports in accordance with the
implementing rules and regulations of this Act.
Section 102
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).

Section 103
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.

Section 104
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.

Section 105
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.

Section 106
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.

Section 107
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.

Section 108
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.
Section 109
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.

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