The NAT RES Atty. Andrada - S

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.
– 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.
– 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 country’s 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 9522’s use of UNCLOS III’s 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
9/18/2018
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)
9/18/2018
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)
9/18/2018
“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 Water
Toxics EIA
Environmental
Impact Assessment
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
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.
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.”
- 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.
- 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)
One of the
SECTORAL
BUREAUS
UNDER DENR
-functions as the policy-making and standard-

setting body
-provides technical services related to air quality

management.
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
AIR QUALITY MONITORING CONTENTS OF THE
and STATUS REPORT
INFORMATION NETWORK
1. Extent of pollution in the
country
Preparation of the DENR of
2. Analysis and Evaluation of the
an
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
FORMULATING THE and legislative action
INTEGRATED AIR QUALITY 5. Other qualitative and quantitative
IMPROVEMENT FRAMEWORK
data regarding extent of air
pollution and air quality
performance
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 BLUE

PRINT WITH WHICH ALL GOVERNMENT AGENCIES
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 average
- healthy person.
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: DENR Secretary

Members: 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
one’s 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.
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
BIOMEDICAL of biologicals and
WASTE 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 cotton balls,
soiled plasters.
Solid Waste:
Waste generated from disposable items like tubing
and catheters.
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, environmentally-sound
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 Autoclave/microwave/

Biotechnology waste
Disinfection (chemical
Category 4 Sharps treatment)+/autoclaving/microwaving
and mutilation shredding
Destruction and drugs disposal in

Category 5 Discarded Medicines
secured landfills
and Cytotoxic Drugs
MANAGEMENT OF BIOMEDICAL WASTE
Category Waste Type Treatment and Disposal Method
Category 6 Contaminated solid waste Autoclaving / microwaving
Disinfection by chemical treatment+

Category 7 Solid waste (disposable microwaving/autoclaving & mutilation
items other than sharps) shredding
Liquid waste (generated

Disinfection by chemical treatment+ and
Category 8 from laboratory washing,
discharge into the drains
cleaning, housekeeping
and disinfecting activity)
Category 9 Incineration ash Disposal in municipal landfill
Chemical Treatment + and discharge in to

Category10 Chemical Wastes 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
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;
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 -P2,000.00
• 2nd Offense -P2,000.00 to P4,000.00
• 3rd Offense -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.
WATER
Phil Clean Water Act
(RA 9275)
Approved March 22, 2004
regulates WATER QUALITY MANAGEMENT

• Philippine Clean Water Act-R.A. 9275
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 country’s

water bodies from pollution from land-
based sources.
-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 and

guidelines in support to the
implementation of the CWA.
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 Source-

runoffs 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
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
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 984-

Execution 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 Acts
Under Republic Act 8749
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
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
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 R.A.
9003 AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE
MANAGEMENT PROGRAM,
Powers of PAB and Sanctions
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 that the proper government

agencies file criminal charges against
violators
Pollution Adjudication Process
Compliance
- Monitoring Technical Period
NOV1
- Complaint Conference
-Inspection
Report
Non Compliant Compliant

●Endorse to PAB ●Resolution
Regional Office
Forinspection/reports
PAB
Regl Office Resolution/
Order Order
Execute
Order
Fines/Penalties Fines/
Penalties
1 Regional Offices should submit copies of all NOVs to the PAB
Roles of Regional Offices (RO’s)
in Adjudication Process
1. Action on Complaints
2. Monitoring
3. Notice of Violation
4. Technical Conference
5. Elevating case to PAB
6. Implementation of CDO
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
-- Creation of the National Solid Waste
Management Commission
--to formulate a
National Solid Waste
Management Framework
--to oversee the implementation of the law.

Local government units are

mandated to implement proper
solid 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 DENR-EMB-NSWMC
Comission (Technical Support)
(Policy Making
ECOLOGICAL SOLID
WASTE
MANAGEMENT ACT
(Waste Generators)
Local Government
CITIZENS
Units
(Waste Generators)
(Implementation)
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
ACT OF 2000
SECTION 21 & 22
1. Reduction of Wastes Being Generated

2. Reduction of Wastes to be Disposed, through:
segregation at source
ACT OF 2000
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.
ACT OF 2000
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.
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.
ACT OF 2000
Establishment of LGU materials recovery

facilities (MRF)– Section 32
-for every barangay or cluster of barangays
REDUCE….REUSE….RECYCLE
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
ACT OF 2000
Prohibited Acts Fines Penalty
Littering, throwing in Public P300.00 to 1 day to 15 days
Places P1,000.00 or both
Undertaking activities in P300.00 to 1 day to 15 days
violation of Sanitation P1,000.00 or both
operation
Open burning solid waste P300.00 to 1 day to 15 days
P1,000.00 or both
Permitting collection of non P1,000.00 to 15 days to 6
segregated waste P3,000.00 months or both
Squatting in open P1,000.00 to 15 days to 6
dumps/landfills P3,000.00 months/both
ACT OF 2000

Dumping, Burying of P1,000.00 to 15 days to 6
non/or biodegradable P3,000.00 months or both
materials in flood prone
areas
Unauthorized removal of P1,000.00 to 15 days to 6
recyclable material P3,000.00 months/both
Mixing of source P500,000.00 1 year to 3 years
separated recyclable plus 5% to 10%
material with other solid of net annual
waste in any vehicle, box income
ACT OF 2000
Establishment of open P500,000.00 1 year to 3

dump or closure of said plus 5% to 10% years
dump in violation of Sec. 37; of annual
income
Manufacture, distribution or P500,000.00 1 year to 3
use of non environmentally plus 5% to 10% years
acceptable packaging of annual
materials income
Import of consumer product P500,000.00 1 year to 3
in non- environmental plus 5% to 10% years
packaging income
ACT OF 2000
Import of toxic waste P10,000.00 to 30 days to 3
misrepresented as 200,000.00 years or both
recyclable
Transport or dumping in P10,000.00 to 30 days to 3
bulk collected domestic, 200,000.00 years or both
industrial, commercial
waste in areas other than
facilities prescribed
Site operation of waste 100,000.00 to 1 year to 6
management facilities w/o 1 million years or both
ECC not conforming to
landuse plan of LGU
ACT OF 2000
Construction of any 100,000.00 to 1 year to 6
establishment within 200 1 million years or both
meters from open or
controlled dumps or
sanitary landfill
Construction or operation 100,000.00 1 year to 6
of landfills or any waste To years or both
disposal facility on any 1 million
aquifer, groundwater
reservoir or watershed
area or portion thereof
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.
CERTIFICATE (ECC)
• Pictures of establishment and anti-pollution

devices
• Anti-pollution designs and plans
CERTIFICATE (ECC)
• Business Regulatory Documents

DTI Registration and/or (if applicable)
SEC Registration
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)
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")
• 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 Self-
Regulation Towards Improved Environmental
Performance
• promoting mandatory self monitoring of

establishment to comply with standards
• Provide incentives to SME (Small Manufacturing

Enterprises) to achieve pollution prevention and
cleaner production
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 - Poly
-ozone Chlorinated
depleting
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:
1. The name of the chemical

substance;
2. The chemical identity and molecular

structure.
3. The proposed categories of use.

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.
a. Knowingly 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;
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,
shall be UNLAWFUL.
c. Failure or refusal to comply with the

pre-manufacture and pre-importation
requirements; and
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;
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

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.
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
Permits and Agreements
Section 20, 26
–Exploration Permit
–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
Section 20, 26
–Mineral Agreements
• Mineral Production Sharing
Agreement (MPSA)
• Co-Production Agreement
• Joint Venture Agreement
• 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.
• Co-Production Agreement
Government provides inputs to the

mining operations other than the
mineral resources;
• 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.
–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.
AFTER 50 YEARS….
the operation of the mine may be
undertaken by the Government or through
a Contractor. awarded to the highest
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.
–Financial or Technical Assistance

Agreement
–Small Scale Mining Permit
–Industrial Sand and Gravel Permit
–Mineral Processing Permit
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
AREAS CLOSED TO MINING
APPLICATIONS
Section 19
–Areas covered by valid and existing

mining rights and mining applications
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
–Areas expressly prohibited by law

–In military and other government

reservations except upon written
clearance from the government
agency concerned
– 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
–Ancestral Lands
No ancestral lands shall be opened

for mining applications without prior
consent of the indigenous
community concerned
–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
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
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
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
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
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.
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
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
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
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
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
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
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
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
– 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
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.
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 .
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.
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.
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
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
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 country’s 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 8550….Fisheries 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;
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.
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)
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.
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;
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.
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”.
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 captain or (3) highest officers
Fishing or Engaging in FINE = value of catch or
Other Unauthorized (P10,000.00), and (6) months,
Fisheries Activities.. confiscation of catch/ gears, and
revocation of license.
SEC. 87. Poaching in (US$100,000.00), in addition to the
Philippine Waters. - . confiscation of its catch, fishing
entry of foreign fishing = equipment and fishing vessel:
prima facie evidence
SEC. 88. Fishing with possession (6) months (2) years.;use
Explosives, Noxious o or (5) years - (10) years; Dealing (6)
Substance, Electricity. - months (2) years.
SEC. 89. Use of Fine (P2,000.00) to (P20,000.00) or (6)
Mesh Net. - months (2) years or both
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, (6) mos- (2) yrs /P2,000.00 to
possessing, sell or 20,000.00), or both forfeiture of the
exporting, subject corals, and the vessel
SEC. 92. Ban on Muro-Ami, operator, captain, master, recruiter
Other Methods and Gear 2 yrs to 10 yrs/ 100,000.00 to
Destructive to Coral Reefs 500,000.00 / both; catch and gear =
and Other Marine Habitat. confiscated.
SEC. 94. Conversion of 6 yrs 1 day to 12 yrs /fine
Mangroves. - into fishponds P80,000.00; offender required to
or for any other purposes. restore or compensate for the
restoration of the damage.
Prohibited ACTS
SEC. 95. Fishing in Overfished 6 mos & 1 day to 6 yrs /fine of
Area and During Closed P6,000.00/ forfeiture of catch and
Season. cancellation of permit or license.
SEC. 96. Fishing in Reserves, 2 yrs to 6 yrs / fine of 2,000.00 to
Refuge, Sanctuaries. 20,000.00/ forfeiture of the catch;
cancellation of permit or license.
SEC. 97. Fishing or Taking of 12 yrs to 20 yrs / fine of 120,000.00;
Rare, Threatened or forfeiture of the catch, and the
Endangered Species. - listed in cancellation of fishing permit.
CITES and determined by
Department. (Convention on International
Trade in Endangered Species of Wild Fauna and
Flora)
SEC. 98. Capture of Sabalo and 6 mos and 1 day to 8yrs / fine
Breeders/Spawners. – except 80,000.00 and forfeiture of the catch,
for local breeding, research and fishing equipment used and
subject to guidelines of revocation of license.
Department.
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 6) mos and 1 day to 6 yrs / fine
Ceilings. - 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 Fine P500.00 / month /fishrfolk
Fishing Operators employed and/or 1,000.00/month
Employing Unlicensed for each unlicensed crew .
Fisherfolk or Crew.
SEC 105. Obstruction of 7 yrs to 12 yrs or a fine
Defined Migration Paths. 50,000.00 to P100,000.00.) or
of anadromous, both, cancellation of
catadromous & migratory permit/license & dismantling at
species, 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.
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
banned the cutting/using of all with the forest zone
mangrove species, cost- pursuant to Republic
benefit analysis of mangrove Act No. 7161.
reforestation without
harvesting was also
computed.
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.
• 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)

• 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 Dealer’s 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
officer’s marking hatchet and Timber
Licesnsee’s Registered Private Log (Par 7, DAO
34, S 1998)
6. 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
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
2. Cutting, gathering, collecting

or removing of timber from
alienable or disposable public
land or from private land land
without authority.
OFFENSES PUNISHABLE
ELEMENTS:
a) There must be cutting, gathering,
collecting or removing of timber
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
3. Possession of timber or other

forest products without the
legal documents as required
under existing forest laws and
regulations.
OFFENSES PUNISHABLE
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
1. The cutter
2. The gatherer
3. The collector
4. The remover
5.The 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, GOCC’s, that use chainsaws

in some aspect of their functions
d. Licensed wood processor
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.

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 been
devolved to the LGUs are the following:
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)

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)
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

The NAT RES Atty. Andrada - S

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THE NATIONAL TERRITORY

• The national territory comprises the

• The waters around, between, and

• It means a group of islands, including

• The Philippine archipelago comprises as

– territorial sea - 12 miles from the baseline

The belt of the sea located between the

Extends up to 12 nautical miles from the

• The state in the EEZ exercises jurisdiction with regard to:

– Internal waters are subject to the sovereignty of

• The disputed Scarborough Shoal remains part of

• Second, Article 47 (2) which requires that “the

to bring materials back to useful cycles

Solid Waste Water

regulates AIR QUALITY MANAGEMENT

• Formulation of national program of air

• Focus primarily on pollution prevention and

• Focus primarily on pollution prevention

- breathe clean air;

Environmental Protection v. Development

- to be informed of the nature and extent of

- To bring action in COURT or QUASI-JUDICIAL

Department of Environment and

-functions as the policy-making and standard-

-provides technical services related to air quality

LOCAL GOVERNMENT UNIT

reducing air pollution in the Philippines,

the large number of people living in

WILL SERVE AS THE BASIS IN

This FRAMEWORK shall prescribed the

WILL SERVE AS THE OFFICIAL BLUE

It is a tool for local governments to

as areas with similar climate, meteorology and topology

a region sharing a common flow of air,

Chairman: DENR Secretary

- from each concerned government agency

– Mobile sources (Motor Vehicles)

– Other sources (smoking inside public building or

- Fuels, Additives and Substances

– Greenhouse Gases and Ozone Depleting Substances

- POPS (Persistent Organic Pollutants)

in the interim, such units shall be

Category 1 Human Wastes Deep burial

Category 3 Microbiology and Autoclave/microwave/

Destruction and drugs disposal in

Category 6 Contaminated solid waste Autoclaving / microwaving

Disinfection by chemical treatment+

Liquid waste (generated

Category 9 Incineration ash Disposal in municipal landfill

Chemical Treatment + and discharge in to

Any citizen may file an appropriate

a. Any person who violates or fails to

b. The Department or other

c. Any public officer who willfully or grossly

- Violation of Standards for stationary sources

– Violation of other provisions of the Act

regulates WATER QUALITY MANAGEMENT

aims to protect the country’s

-Tasked to develop policies and

the DENR, in coordination with National

DESIGNATION OF WATER QUALITY

representatives of the following:

• Non Point Source-