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ENVIRONMENTAL LAW NOTES Evelyn B. De Matias Course Outline A. Government and Legal System 1.

Overview of the System of Government The Philippines is a republic and is governed by a Constitution enacted in February 1987.The Executive Branch o govern!ent is led by a President" #ho also serves as the ead o state. The President is elected by popular vote" #ithout reelection" to a six$year ter! o o ice. The President appoints a cabinet. The bica!eral legislative branch consists o the %enate and the &ouse o 'epresentatives. The %enate consists o t#enty$ our !e!bers" serving six$year ter!s #hile the &ouse o 'epresentatives consists o a !axi!u! o ()* !e!bers" each serving a three$year ter! o o ice. The +udicial branch is headed by the %upre!e Court" #hich is co!posed o a chie +ustice and ourteen associate +ustices" all #ho! are appointed by the country,s President. -ther +udicial bodies include a court o appeals and" trial courts o the irst instance distributed by regions" cities" and !unicipalities. 2. Hierarchy of Legislation .t the national level" there are a nu!ber o di erent legal instru!ents" each o #hich is brie ly discussed here. Law . la# passed by Congress is re erred to as a 'epublic .ct /'...0. The presentation o a bill is initiated either by any" or by both o the legislative cha!bers /&ouse or %enate0 or by the executive. The legislative bill is then studied and heard by the co!!ittees concerned /e.g." %enate Co!!ittee on Environ!ent0 #hich conducts an 1in2uiry in aid o legislation3 to hear out the concerns and vie#s on the bill. Therea ter" the bill is approved by the entire body. 4hen both cha!bers have approved the bill" the sa!e is re erred to a Bica!eral Con erence Co!!ittee to reconcile any con licting provisions. . ter this stage" it is re erred bac5 to the respective cha!bers /&ouse and %enate0 or rati ication. For inality" the bill is or#arded to the President or approval or veto. The bill beco!es la# a ter it is signed by the President and published. . t#o$thirds vote o Congress is needed to override a veto o the President. Fro! 1988 to the present" la# !a5ing in the Philip$pines has been by act o Congress. Presidential Decree 6uring the period 5no#n as the 17artial 8a# 9ears"3 /197($198:0" legislation #as !ade by Presidential iat o then President Ferdinand 7arcos. 7any o the environ!ent" health" and sa ety la#s #ere passed during this period. They continue to be valid unless other#ise a!ended or repealed by a subse2uent la# passed by an act o Congress.

Exa!ples o the Presidential 6ecrees are the Forestry Code o the Philippines /P.6. 7*)0 or the Pollution Control 8a# /P.6. 98;0. To this date" they continue to be valid in the absence o a subse2uent la#. Executive Order .n Executive -rder /E.-.0 is a presidential act providing or rules o a general or per!anent character in the i!ple!entation or execution o constitutional or statutory po#ers. Administrative Order .n ad!inistrative order is an act o the Cabinet<6epart!ent %ecretary #hich relates to particular aspects o govern!ental operations pursuant to his<her duties as ad!inistrative head o govern!ent. For exa!ple" the i!ple!enting rules o the Clean .ir .ct or the Toxic and &a=ardous 4astes .ct are in the or! o a 6epart!ent .d!inistrative -rder /6.-0. >n the Coast ?uard" the i!ple!enting rules are called 7e!orandu! Circulars. These ad!inistrative orders<circulars have to be published in the - icial ?a=ette or in ne#spapers or general circulation or it to be e ective. .nother re2uire!ent is that these be iled #ith the - ice o the @ational 'egister in the Aniversity o the Philippines 8a# Center. Proclamation . procla!ation is an act o the President ixing a date or declaring a status or condition o public !o!ent or interest. .n exa!ple o this is a procla!ation declaring Bune as the Environ!ent 7onth" or the procla!ation o a #or5ing day as a holiday. Memorandum Order . !e!orandu! order is a presidential act on !atters o ad!inistrative detail #hich only concerns a particular o ice or an o ice o govern!ent. . !e!orandu! order by the President directing the all$out en orce!ent o the la#s on orestry is an exa!ple. Implementing Rule and Regulation (IRR) The ter! 1i!ple!enting rules and regulations3 />''0 is a generic ter! re erring to the detailed legal procedures and processes designed to i!ple!ent the la#. This is usually done by #ay o a 6epart!ent .d!inistrative -rder /6.-0 issued by the 6epart!ent !andated to i!ple!ent the la#. Ordinance .n ordinance is a local la# passed by the local legislative body o the province" city" !unicipality" or barangay /village0 and approved by the chie executive o icer Cprovincial governor" city or !unicipal !ayor" or barangay leader /also called barangay

captain or Chair!an0 respectively. >t !ust not be inconsistent #ith a national la#. Thus" an ordinance cannot provide or penalties lo#er than #hat is provided by the national la#. 3. nvironmental Authorities The principal agency tas5ed #ith the !andate or environ!ental protection is the 6epart!ent o Environ!ent and @atural 'esources /6E@'0. >t #as created pursuant to Executive -rder @o. 19( /19870 #hich used the unctions o the 7inistry o @atural 'esources /7@'0" the @ational Pollution Control Co!!ission /@PCC0" and the @ational Environ!ental Protection Council /@EPC0. .ll re erences to these agencies in the texts o the la#s contained in this boo5 /e.g." Environ!ent Code" Pollution Control 8a#0 are dee!ed to re er to the 6E@'. Particularly" the 6E@' is responsible orD 1. The conservation" !anage!ent" develop!ent" and proper use o the country,s environ!ental and natural resources" speci ically orest and gra=ing lands" !ineral resources" including those in reservation and #atershed areas" and lands o the public do!ainE (. The preservation o cultural and natural heritage through #ildli e conservation and segregation o national par5s and other protected areasE F. The pro!ulgation and en orce!ent o rules and regulations or the control o #ater" air" and land pollutionE ;. The pro!ulgation and en orce!ent o a!bient and e luent standards or #ater and air 2uality including the allo#able levels o other pollutants and radiationE ). The pro!ulgation o policies" rules" and regulations or the conservation o the country,s genetic resources" biological diversity" and endangered habitats. The 6E@' is headed by the Cabinet %ecretary" a position appointed by the President" and assisted by three undersecretaries. Belo# the! are the bureaus o D 7ines and ?eosciences" Forest 7anage!ent" 8and 7anage!ent" Environ!ental 7anage!ent and Ecosyste!s 'esearch. The line unctions and regulatory po#ers o the 6E@' are per or!ed by the regional o ices distributed throughout the thirteen ad!inistrative regions o the country. The .utono!ous 'egion o 7usli! 7indanao /.'770 has its o#n version o the 6E@'. .ttached to the 6E@' is the @atural 'esources 6evelop!ent Corporation /@'6C0" a govern!ent$o#ned corporation responsible or pro!oting natural resource develop!ent through invest!ent<involve!ent in innovative technologies and ventures involving orest !anage!ent. -ther agencies attached to the 6E@' include the @ational 7apping and 'esource >n or!ation .uthority /@.7'>.0 and the 8aguna 8a5e 6evelop!ent .uthority /886.0. The @.7'>. serves as the central !apping authority o the govern!ent. >t also conducts research on re!ote$sensing technologies" satellite i!agery" and si!ilar technologies. The 886. is a govern!ent$o#ned corporation #hich serves as the environ!ental regulatory authority or the 8aguna 8a5e

region. . line bureau #ithin the 6E@' is the Environ!ental 7anage!ent Bureau /E7B0" tas5ed #ith the principal responsibility o i!ple!enting the country,s environ$ !ental la#s. >t also serves as the secretariat o the Pollution .d+udication Board /P.B0" #hich hears and decides pollution cases. !. "elevant #rovisions of the 1$%& Constitution 1. #ream'le 4e" the sovereign Filipino people" i!ploring the aid o .l!ighty ?od" in order to build a +ust and hu!ane society and establish a govern!ent that shall e!body our ideals and aspirations" pro!ote the co!!on good" conserve and develop our patri!ony" and secure to ourselves and our posterity the blessings o independence and de!ocracy under the rule o la# and a regi!e o truth" +ustice" reedo!" love" e2uality" and peace" do ordain and pro!ulgate this Constitution. 2. (ational )erritory Article * The national territory co!prises the Philippine archipelago" #ith all the islands and #aters e!braced therein" and all other territories over #hich the Philippines has sovereignty or +urisdiction" consisting o its terrestrial" luvial" and aerial do!ains" including its territorial sea" the seabed" the subsoil" the insular shelves" and other sub!arine areas. The #aters around" bet#een" and connecting the islands o the archipelago" regardless o their breadth and di!ensions" or! part o the internal #aters o the Philippines. 3. +eclaration of #rinci,les and State #olicies 1. "ight to Health S C. 1-. The %tate shall protect and pro!ote the right to health o the people and to instill health consciousness a!ong the!. 1. duardo Hernande. et. al. vs (ational #ower Cor,oration G.". (o. 1/-32%0 1arch 230 2223 4 5"ight to Health6 Right to Health is Paramount over Presumed Economic Benefits 7acts8

>n 199:" @.P-C-' began the construction o (9 decagon$shaped steel poles or to#ers to support overhead high tension cables in connection #ith its (F* Gilo$volt %ucat$ .raneta$Balinta#a5 Po#er Trans!ission Pro+ect. %aid trans!ission lines passes through %ergio -s!eHa" %r. &igh#ay /%outh %uperhigh#ay0" the peri!eter o Fort Boni acio and 6as!ariHas Iillage proxi!ate to Ta!arind 'oad" #here petitioners, ho!es are. Petitioners got hold o published articles and studies lin5ing the incidence o a ecund o illnesses to exposure to electro!agnetic ields. These illnesses range ro! cancer to leu5e!ia. >n (***" petitioners sought the issuance o a preli!inary in+unction on the ground that the @.P-C-' Pro+ect i!pinged on their right to health as enshrined in .rticle >>" %ection 1) o the 1987 Constitution" #hich providesD %ec. 1). The %tate shall protect and pro!ote the right to health o the people and instill consciousness a!ong the!. The trial court te!porarily restrained the respondent ro! energi=ing and trans!itting high voltage electric current through the said pro+ect. @.P-C-' iled a Petition or Certiorari #ith the Court o .ppeals. .lluding to Presidential 6ecree @o. 1818 /19810" JProhibiting Courts ro! >ssuing 'estraining -rders or Preli!inary >n+unctions in Cases >nvolving >n rastructure and @atural 'esource 6evelop!ent Pro+ects o " and Public Atilities -perated by" the ?overn!ent"3 particularly %ec. 1" @.P-C-' stal#artly sought the dis!issal o the case on the ground o lac5 +urisdiction. Presidential 6ecree @o. 1818 providesD %ection 1. @o Court in the Philippines shall have +urisdiction to issue any re$straining order" preli!inary in+unction or preli!inary !andatory in+unction in any case" dispute" or controversy involving an in rastructure pro+ect" or a !ining" ishery" orest or other natural resource develop!ent pro+ect o the govern!ent" or any public utility operated by the govern!ent" including a!ong other public utilities or transport o the goods or co!!odities" stevedoring and arrastre contracts" to prohibit any person or persons" entity or govern!ent o icial ro! proceeding #ith or continuing the execution or i!ple!entation o any such pro+ect" or the operation o such public utility or pursuing any la# ul activity necessary or such execution" i!ple!entation or operation. >n the !eanti!e" the trial court ordered the issuance o a #rit o preli!inary in$+unction against @.P-C-'. >t #as o the vie# that Presidential 6ecree @o. 1818 and +urisprudence proscribing in+unctions against in rastructure pro+ects do not ind application in the case at bar because o the health ris5s involved. The Court o .ppeals reversed the trial court,s order" hence this petition. *ssue8 4hether or not the trial court has +urisdiction to issue a T'- and a preli!inary in+unction even i the petitioners, right to health is at sta5eK Held9"atio8

9E%" the trial court has +urisdiction. The issue o petitioner,s right to health is a veritable 2uestion o la# thus re!oving the case ro! the protective !antle o Presidential 6ecree @o. 1818. 7oreover" the issuance by the trial court o a preli!inary in+unction inds legal support in %ection F o 'ule )8 o the 'ules o Court. For a #rit o preli!inary in+unction to be issued" the 'ules do not re2uire that the act co!plained o be in violation o the rights o the applicant. >ndeed" #hat the 'ules re2uire is that the act co!plained o be probably in violation o the rights o the applicant. >n the case at bar" there is ade2uate evidence on record to +usti y the conclusion that the pro+ect o @.P-C-' probably i!perils the health and sa ety o the petitioners so as to +usti y the issuance by the trial court o a #rit o preli!inary in+unction. Petitioners adduced in evidence copies o studies lin5ing the incidence o illnesses such as cancer and leu5e!ia to exposure to electro!agnetic ields. 6espite the parties, con licting results o studies !ade on the issue" the possibility that the exposure to electro!agnetic radiation causes cancer and other disorders is still" indeed" #ithin the real! o scienti ic scale o probability. >n su!" #hat Presidential 6ecree @o. 1818 ai!s to avert is the unti!ely rustration o govern!ent in rastructure pro+ects" particularly by provisional re!edies" to the detri!ent o the greater good by disrupting the pursuit o essential govern!ent pro+ects or rustrate the econo!ic develop!ent e ort o the nation. Presidential 6ecree @o. 1818" ho#ever" #as not !eant to be a blan5et prohibition so as to disregard the unda!ental right to health" sa ety and #ell$being o a co!!unity guaranteed by the unda!ental la# o the land. >n the present case" the ar$reaching irreversible e ects to hu!an sa ety should be the pri!ordial concerns over presu!ed econo!ic bene its per se as alleged by the @.P-C-'. 2. "ight to A !alanced cology S C. 13. The %tate shall protect and advance the right o the people to a balanced and health ul ecology in accord #ith the rhyth! and har!ony o nature. 2. O,osa vs 7actoran0 22/ SC"A &$2 :;uly 320 1$$3< 4 5*nter=generational "es,onsi'ility6 and 5,rotect and advance the right of ,eo,le for healthy and 'alanced ecology6 #rinci,le8 The right to a balanced ecology is an enforceable legal right +igested case on >ero? /. !ills of "ights .rticle >>> Right to Due Process o Law

%ECT>-@ 1. @o person shall be deprived o li e" liberty" or property #ithout due process o la#" nor shall any person be denied the e2ual protection o the la#s. Right to Privac! %EC. (. The right o the people to be secure in their persons" houses" papers" and e ects against unreasonable searches and sei=ures o #hatever nature and or any purpose shall be inviolable" and no search #arrant or #arrant o arrest shall issue except upon probable cause to be deter!ined personally by the +udge a ter exa!ination under oath or a ir!ation o the co!plain$ant and the #itnesses he !ay produce" and particularly describing the place to be searched and the persons or things to be sei=ed. Right o Access to In ormation %EC. 7. The right o the people to in or!ation on !atters o public concern shall be recogni=ed. .ccess to o icial records" and to docu!ents and papers pertaining to o icial acts" transactions" or decisions" as #ell as to govern!ent research data used as basis or policy develop!ent" shall be a orded the citi=en" sub+ect to such li!itations as !ay be provided by la#. 1. @almonte vs. !elmonte0 1&2 SC"A0 G" (o. &/$320 7e'ruary 130 1$%$ Right of Access to Information The right to information on matters of public concern is applicable and enforceable against a government o!ned corporation" #aid corporation cannot invo$e the right to privacy% a right available only to individuals" 7acts8 Ial!onte" together #ith other !e!bers o the !edia" sought to co!pel the ?%>%D a. to urnish the! #ith the list o na!es o Batasan !e!bers belonging to A@>6- and P6P$8aban #ho #ere able to secure clean loans i!!ediately be ore the February 7 election through the intercession o >!elda 7arcosE b. to urnish the! #ith certi ied true copies o the docu!ents evidencing their respective loansE

c. to allo# the! access to public records or the sub+ect in or!ation. >n reply" ?%>% asserts con identiality o its relationship #ith those #ho obtain loans. *ssue8 Can Ial!onte" et al." co!pel ?%>% to reveal the desired in or!ationK Held8 9es. Petitioners have the right to access to the public docu!ents. The public nature o the loan$able unds o the ?%>% and the public o ice held by the alleged borro#ers !a5e the in or!ation sought a !atter o public concern. The ?%>% cannot plead privacy because privacy !ay be raised only by the party concerned" in this case" the borro#ers. But considering the public o ice o the borro#ers" they still cannot plead privacy. The right to privacy belongs to the individual and !ust be invo5ed by the individual. . public agency li5e the ?%>% cannot invo5e said right. . corporation has no right to privacy 1since the entire basis o the right to privacy is an in2uiry to the eelings and sensibilities o the party and a corporation #ould have no such ground or relie .3 ?overn!ent" #hether carrying out its sovereign attributes or running so!e business" discharges the sa!e unction o service to the people. 7oreover" it #as clearly the intent o the Constitutional Co!!ission to include govern!ent$o#ned and controlled corporations in the scope o the right to in or!ation. But this does not !ean that ?%>% !ust urnish the petitioners #ith the list o the na!es re2uested. The constitutional right gives the! 1access to o icial records.3 But the Constitution does not accord the! the right to co!pel custodians o o icial records to prepare lists" abstracts" su!!aries" and the li5e in their desire to ac2uire in or!ation on !atters o public concern. 2. Legas,i vs Civil Service Commission0 1-2 SC"A -320 G" (o. &211$0 1ay 2$0 1$%& Information of public concern is a demandable right" &overnment officials have no discretion !hether or not to release the information" They can only prescribe the manner by !hich the right can be e'ercised% such as% for e'ample% that it can be secured only during office hours" Ho!ever% this right admits of e'ceptions such as !hen the information re(uested is a matter of national security" 7acts8 .ttorney Ialentin 8. 8egaspi o Cebu City re2uested or in or!ation ro! the Civil %ervice Co!!ission. &e #anted to 5no# i t#o persons #ho #ere appointed as sanitarians in the &ealth 6epart!ent o the city #ere civil service eligible. 4hen the Co!!ission denied his re2uest" he iled a petition be ore the %upre!e Court to co!pel the Co!!ission to disclose the in or!ation he sought. 7r. 8egaspi based his de!and on %ec. 7" .rticle >>> o the 1987 Constitution #hich describes a person,s constitutional right to in or!ation on !atters o public concern. The Co!!ission de ended itsel by saying that 7r. 8egaspi had no right to as5 the Court to co!pel the Co!!ission to give hi! the

in or!ation he see5s. 7oreover" the Co!!ission asserted that it had the discretion on #hether or not it should urnish a person #ith the in or!ation re2uested. *ssue8 6oes 7r. 8egaspi have the right to obtain the in or!ation he see5sK Held8 9es. The right o the people to have in or!ation on !atters o public interest is" by its very nature" a public right. >n TaHada v. Tuvera /1F: %C'. (70" it #as said that 1#hen the 2uestion is one o public right and the ob+ect o the !anda!us is to procure the en orce!ent o a public duty" the people are regarded as the real party in interest and the realtor at #hose instigation the proceedings are instituted need not sho# that he has any legal or special interest in the result" it being su icient to sho# that he is a citi=en and as such interested in the execution o the la#s.3 1Fro! the oregoing" it beco!es apparent that #hen a !anda!us proceeding involves the assertion o a public right" the re2uire!ent o personal interest is satis ied by the !ere act that the petitioner is a citi=en" and there ore" part o the general Lpublic, #hich possesses the right.3 *ssue8 Can the respondent exercise its discretion to re use 7r. 8egaspi access to such in or!ationK Held8 @o. .ccording to the %upre!e Court" 1For every right o the people recogni=ed as unda!ental" there lies a corresponding duty on the part o those #ho govern to respect and protect that right.3 1>n recogni=ing the people,s right to be in or!ed the @e# Charter expressly !andates the duty o the %tate and its agents to a ord access to o icial records" docu!ents" papers" and in addition" govern!ent research data used as basis or policy develop!ent" sub+ect to such li!itations as !ay be provided byla# /%ec. 7" .rticle >>>" 1987 Constitution0. The guarantee has been urther enhanced #ith the adoption o a policy o ull public disclosure" this ti!e Lsub+ect to reasonable conditions prescribed by la#", in %ec. (8" .rticle >> thereo " to #itD %ub+ect to reasonable conditions prescribed by la#" the %tate adopts or i!ple!ents a policy o ull public disclosure o all its transactions involving public interest. 1>t is clear ro! the oregoing pronounce!ents o this Court /in the cited case o TaHada and in %ubido v. -=aeta" 8* Phil. F8F0 that govern!ent agencies are #ithout discretion to re use disclosure o " or access to" in or!ation o public concern.3 &o#ever" 1this is not to lose sight o the reasonable regulations #hich !ay be i!posed by said agencies in custody o public records on the !anner in #hich the right to in or!ation !ay be exercised by the public. >n the %ubido case" 4e /%upre!e Court0 recogni=ed the authority o the 'egister o 6eeds to regulate the !anner in #hich persons desiring to do so !ay inspect" exa!ine" or copy records relating to registered lands. &o#ever" the regulations #hich the 'egister o 6eeds !ay pro!ulgate are con ined toDL. . . prescribing the !anner and hours o exa!ination to the end that da!age to or loss o the records !ay be avoided" that undue inter erence #ith the duties o the custodian o the boo5s and docu!ents and other e!ployees !ay be prevented" that the right o other persons entitled to !a5e inspection !ay be insured.,4e

#ere e!phatic in our state!ent that the authority to regulate the !anner o exa!ining public records does not carry #ith it the po#er to prohibit. . distinction has to be !ade bet#een the discretion to re use outright the disclosure o or access to a particular in or!ation and the authority to regulate the !anner in #hich the access is to be a orded.3 *ssue8 >s there any li!itation on the constitutional right to in or!ationK Held8 9es. 1The decisive 2uestion on the propriety o the issuance o the #rit o !anda!us in this case is #hether the in or!ation sought by the petitioner is #ithin the a!bit o the constitutional guarantee.3 1/T0 he constitutional guarantee to in or!ation on !atters o public concern is not absolute.3 >t is still 1sub+ect to li!itations as !ay be provided by la#3 /%ec. 7" .rticle >>>0. Certain types o in or!ation !ay not be available or public scrutiny" such as those a ecting national security. T#o re2uisites !ust irst be ul illed in order or the right to be en orceableD a. The in or!ation sought is o public concern or one that involves public interest" and b. >t is not exe!pted by la# ro! the operation o the constitutional guarantee. 4ith regard to the irst" it is or the courts to decide on a case$to$case basis #hether an in or!ation sought is o public interest or concern. >n this case" the in or!ation the petitioner sought to access is clearly o public interest. 1>t is the legiti!ate concern o citi=ens to ensure that govern!ent positions re2uiring civil service eligibility are occupied only by persons #ho are eligible.3 4ith regard to the second re2uisite" 1the in or!ation sought !ust not be a!ong the species exe!pted by la# ro! the operation o the constitutional guarantee.3 &ere" the petitioner,s right to 5no# is upheld because there is no la# prohibiting such in or!ation ro! being disclosed. >t is in act the case that civil service exa!ination results are released to the public. There is there ore no reason to #ithhold it ro! the petitioner. -. (ational conomy and #atrimony .rticle M>> E icient "se o Resources %ECT>-@ 1. The goals o the national econo!y are a !ore e2uitable distribution o opportunities" inco!e" and #ealthE a sustained increase in the a!ount o goods and services produced by the nation or the bene it o the peopleE and an expanding productivity as the 5ey to raising the 2uality o li e or all" especially the underprivileged. The %tate shall pro!ote industriali=ation and ull e!ploy!ent based on sound agricultural develop!ent and agrarian re or!" through industries that !a5e ull and e icient use o hu!an and natural

resources" and #hich are co!petitive in both do!estic and oreign !ar5ets. &o#ever" the %tate shall protect Filipino enterprises against un air oreign co!petition and trade practices. >n the pursuit o these goals" all sectors o the econo!y and all regions o the country shall be given opti!u! opportunity to develop. Private enterprises" including corporations" cooperatives" and si!ilar collective organi=ations" shall be encouraged to broaden the base o their o#nership. #tate Ownership o $atural Resources %EC. (. .ll lands o the public do!ain" #aters" !inerals" coal" petroleu!" and other !ineral oils" all orces o potential energy" isheries" orests or ti!ber" #ildli e" lora and auna" and other natural resources are o#ned by the %tate. 4ith the exception o agricultural lands" all other natural resources shall not be alienated. The exploration" develop!ent" and utili=ation o natural resources shall be under the ull control and supervision o the %tate. The %tate !ay directly underta5e such activities" or it !ay enter into co$production" +oint venture" or production$sharing agree!ents #ith Filipino citi=ens or corporation or associations at least sixty percent o #hose capital is o#ned by such citi=ens. %uch agree!ents !aybe or a period not exceeding t#enty$ ive years" rene#able or not !ore than t#enty$ ive years" and under such ter!s and conditions as !ay be provided by la#. >n cases o #ater rights or irrigation" #ater supply" isheries" or industrial uses other than the develop!ent o #aterpo#er" bene icial use !ay be the !easure and li!it o the grant. The %tate shall protect the nation,s !arine #ealth in its archipelagic #aters" territorial sea" and exclusive econo!ic =one" and reserve its use and en+oy!ent exclusively to Filipino citi=ens. The Congress !ay" by la#" al$lo# s!all$scale utili=ation o natural resources by Filipino citi=ens" as #ell as cooperative ish ar!ing" #ith priority to subsistence isher$!en and ish #or5ers in rivers" la5es" bays" and lagoons. The President !ay enter into agree!ents #ith oreign$o#ned corporations involving either technical or inancial assistance or large$scale exploration" develop!ent" and utili=ation o !inerals" petroleu!" and other !ineral oils according to the general ter!s and conditions provided by la#" based on real contributions to the econo!ic gro#th and general #el are o the country. >n such agree!ents" the %tate shall pro!ote the develop!ent and use o local scienti ic and technical resources. The President shall noti y the Congress o every contract entered into in accordance #ith this provision" #ithin thirty days ro! its execution. Lands o Pu%lic Domain and &lassi ication %EC. F. 8ands o the public do!ain are classi ied into agricultural" orest or ti!ber" !ineral lands" and national par5s. .gricultural lands o the public do!ain !ay be urther classi ied by la# according to the uses to #hich they !ay be devoted. .lienable lands o the public do!ain shall be li!ited to agricultural lands. Private corporations or associations !ay not hold such alienable lands o the public do!ain except by lease" or a period not exceeding t#enty$ ive years" rene#able or not !ore than t#enty$ ive years"

and not to exceed one thousand hectares in area. Citi=ens o the Philippines !ay lease not !ore than ive hundred hectares" or ac2uire not !ore than t#elve hectares thereo by purchase" ho!estead" or grant. Ta5ing into account the re2uire!ents o conservation" ecology" and develop!ent" and sub+ect to the re2uire!ents o agrarian re or!" Congress shall deter!ine" by la#" the si=e o lands o the public do!ain #hich !ay be ac2uired" developed" held" or leased and in the conditions there ore. Limits o 'orest Lands and $ational Par(s %EC. ;. The Congress shall" as soon as possible" deter!ine byla# the speci ic li!its o orestlands and national par5s" !ar5ing clearly their boundaries on the ground. Therea ter" such orestlands and national par5s shall be conserved and !ay not be in$ creased nor di!inished" except byla#. The Congress shall provide" or such period as it !ay deter$!ine" !easures to prohibit logging in endangered orest and #ater$shed areas. Indigenous &ultural &ommunities %EC. ). The %tate" sub+ect to the provisions o this Constitution and national develop!ent policies and progra!s" shall protect the rights o indigenous cultural co!!unities to their ancestral lands to ensure their econo!ic" social" and cultural #ell$being. The Congress !ay provide or the applicability o custo!ary la#s governing property rights or relations in deter!ining the o#nership and extent o ancestral do!ain. #ocial 'unction o Propert! %EC. :. The use o property bears a social unction and all econo!ic agents shall contribute to the co!!on good. >ndividuals and private groups" including corporations" cooperatives" and si!ilar collective organi=ations" shall have the right to o#n" establish" and operate econo!ic enterprises" sub+ect to the duty o the %tate to pro!ote distributive +ustice and to intervene #hen the co!!on good so de!ands. 1. Cru. vs Secretary of nvironment and (atural "esources0 3/& SC"A 12%0 G" (o. 13-3%-0 +ecem'er 30 2222 4 A)he +evelo,ment of the "egalian +octrine in the #hili,,ine Legal System6

3. Social ;ustice and Human "ights Article )III Ecological &onsiderations in Agrarian Re orm %EC. ;. The %tate shall" byla#" underta5e an agrarian re or! progra! ounded on the right o ar!ers and regular ar! #or5ers" #ho are landless" to o#n directly or collectively the lands they till or" in the case o other ar! #or5ers" to receive a +ust share o the ruits thereo . To this end" the %tate shall encourage and underta5e the +ust distribution o all agricultural lands" sub+ect to such priorities and reasonable retention li!its as the Congress !ay prescribe" ta5ing into account ecological" develop!ental" or e2uity considerations" and sub+ect to the pay!ent o +ust co!pensation. >n deter!ining retention li!its" the %tate shall respect the rights o s!all lando#ners. The %tate shall urther provide incentives or voluntary land$sharing. Pre erential "se o Marine Resources or #u%sistence 'ishermen %EC. 7. The %tate shall protect the rights o subsistence isher!en" especially o local co!!unities" to the pre erential use o the co!!unal !arine and ishing re$sources" both inland and o shore. >t shall provide support to such isher!en through appropriate technology and research" ade2uate inancial" production" and !ar5eting assistance" and other services. The %tate shall also protect" develop" and conserve such !arine resources. The protection shall extend to o shore ishing grounds o subsistence. The %tate shall adopt an integrated and co!prehensive approach to health develop!ent #hich shall endeavor to !a5e essential goods" health and other social services available to all the people at a ordable cost. There shall be priority or the needs o the underprivileged" sic5" elderly" disabled" #o!en" and children. The %tate shall endeavor to provide ree !edical care to paupers. %EC. 1(. The %tate shall establish and !aintain an e ective ood and drug regulatory syste! and underta5e appropriate health !anpo#er develop!ent and research" responsive to the country,s health needs and proble!s. Rights o *omen %EC. 1;. The %tate shall protect #or5ing #o!en by providing sa e and health ul #or5ing conditions" ta5ing into account their !aternal unctions" and such acilities and opportunities that #ill enhance their #el are and enable the! to reali=e their ull potential in the service o the nation.

Role and Rights o People+s Organi,ations %EC. (F. The %tate shall encourage nongovern!ental" co!!unity$based" or sectoral organi=ations that pro!ote the #el are o the nation /.rticle >>0. %EC. 1). The %tate shall respect the role o the independent people,s organi=ations to enable the people to pursue and protect" #ithin the de!ocratic ra!e#or5" their legiti!ate and collective interests and aspirations through peace ul and la# ul !eans. People,s organi=ations are bona ide associations o citi=ens #ith de!onstrated capacity to pro!ote the public interest and #ith identi iable leadership" !e!bership" and structure. &. Local Autonomy Article > %EC. (). The %tate shall ensure the autono!y o local govern!ents /.rticle >>0 $$$ N Principle o decentrali=ation /!anage!ent o local a airs0

C. General nvironmental Laws 1. #hili,,ine nvironmental #olicy :#+ 11-1<


MALACAANG Manila PRESIDENTIAL DECREE No. 1151 PHILIPPINE ENVIRONMENTAL POLICY WHEREAS, the individual and, at times, conflicting, demands of population growth, urbanization, industrial expansion, rapid natural resources utilization and increasing technological advances have resulted in a piecemeal approach concept of environmental protection! WHEREAS, such tunnel vision concept is not conducive to the attainment of an ideal environmental situation where man and nature can thrive in harmon" with one another! and WHEREAS, there is now an urgent need to formulate an intensive, integrated program of environmental protection that will bring about a concerted effort towards the protection of the entire spectrum of the environment through a re#uirement of environmental impact assessments and statements$

%&W, 'HERE(&RE, ), (ER*)%A%* E+ MAR,&S, -resident of the -hilippines, b" virtue of the powers vested in me b" the ,onstitution, do hereb" order and decree$ Section 1. Policy. )t is hereb" declared a continuing polic" of the State .a/ to create, develop, maintain and improve conditions under which man and nature can thrive in productive and en0o"able harmon" with each other, .b/ to fulfill the social, economic and other re#uirements of present and future generations of (ilipinos, and .c/ to insure the attainment of an environmental #ualit" that is conducive to a life of dignit" and well being+ Section 2. Goal. )n pursuing this polic", it shall be the responsibilit" of the 1overnment, in cooperation with concerned private organizations and entities, to use all practicable means, consistent with other essential considerations of national polic", in promoting the general welfare to the end that the %ation ma" .a/ recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations, .b/ assure the people of a safe, decent, healthful, productive and aesthetic environment, .c/ encourage the widest exploitation of the environment without degrading it, or endangering human life, health and safet" or creating conditions adverse to agriculture, commerce and industr", .d/ preserve important historic and cultural aspects of the -hilippine heritage, .e/ attain a rational and orderl" balance between population and resource use, and .f/ improve the utilization of renewable and non renewable resources+ Section 3. Right to a Healthy Environment. )n furtherance of these goals and policies, the 1overnment recognizes the right of the people to a healthful environment+ )t shall be the dut" and responsibilit" of each individual to contribute to the preservation and enhancement of the -hilippine environment+ Section 4. Environmental Impact Statements. -ursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including government owned or controlled corporations, as well as private corporations firms and entities shall prepare, file and include in ever" action, pro0ect or underta2ing which significantl" affects the #ualit" of the environment a detail statement on .a/ the environmental impact of the proposed action, pro0ect or underta2ing .b/ an" adverse environmental effect which cannot be avoided should the proposal be implemented! .c/ alternative to the proposed action! .d/ a determination that the short term uses of the resources of the environment are consistent with the maintenance and enhancement of the long term productivit" of the same! and .e/ whenever a proposal involve the use of depletable or non renewable resources, a finding must be made that such use and commitment are warranted+ 3efore an environmental impact statement is issued b" a lead agenc", all agencies having 0urisdiction over, or special expertise on, the sub0ect matter involved shall comment on the draft environmental impact statement made b" the lead agenc" within thirt" .45/ da"s from receipt of the same+

Section 5. Agency Guidelines. 'he different agencies charged with environmental protection as enumerated in 6etter of )nstruction %o+ 788 shall, within sixt" .95/ da"s from the effectivit" of this *ecree, submit to the %ational Environmental -rotection ,ouncil .%E-,/, their respective guidelines, rules and regulations to carr" out the provisions of Sec+ 7 hereof on environmental impact assessments and statements+ Section . Repealing Clause. All Acts, -residential *ecrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this *ecree are hereb" repealed, amended or modified accordingl"+ Section !. Effectivity. 'his *ecree shall ta2e effect immediatel"+ *one in the ,it" of Manila this 9th da" of :une in the "ear of &ur 6ord, nineteen hundred and sevent" nine+

2. #hili,,ine nvironment Code :#+ 11-2<


#" S*+ ()*AL + C" (O. 11-2 B#H*L*##*( (@*"O(1 () CO+ O

4hereas" the broad spectru! o environ!ent has beco!e a !atter o vital concern to the govern!entE 4hereas" the national leadership has ta5en a step to#ards this direction by creating the @ational Environ!ental Protection Council under Presidential 6ecree @o. 11(1E 4hereas" it is necessary that the creation o the Council be i!ple!ented #ith the launching o a co!prehensive progra! o environ!ental protection and !anage!entE 4hereas" such a progra! can assu!e tangible and !eaning ul signi icance only by establishing speci ic environ!ent !anage!ent policies and prescribing environ!ent 2uality standards in a Philippine Environ!ent CodeD @o#" There ore" >" Ferdinand E. 7arcos" President o the 'epublic o the Philippines" by virtue o the po#ers vested in !e by the Constitution" do here$by order and decreeD S C)*O( 1. #hort -itle $ This 6ecree shall be 5no#n and cited as the 1Philippine Environ!ent Code.3

Title >P.ir Quality 7anage!ent @oteD The provisions on air 2uality !anage!ent have been revised by the Clean .ir.ct o 1999 /'. .. @o. 87;9. Please see Chapter F0. Title >>P4ater Quality 7anage!ent

@oteD The provisions on 4ater Quality have been revised by the Clean 4ater .ct /'epublic .ct RRRR" Please see Chapter ;0 . The provisions 2uoted hereunder" esp. %ec.17 and (*" #ere creatively used to co!pel the various govern!ent agencies to clean up 7anila Bay. Please ne#s article belo#. &o#ever" the case is still under litigation #ith the ?overn!ent iling a Petition or 'evie# be ore the %upre!e Court ro! the 6ecision o the Court o .ppeals. S C. 1/. Purpose $ >t is the purpose o this Title to prescribe !anage!ent guidelines ai!ed to protect and i!prove the 2uality o Philippine #ater resources throughD a. classi ication o Philippine #aters b. establish!ent o #ater 2uality standards c. protection and i!prove!ent o the 2uality o the Philippine #ater resources d. responsibilities or surveillance and !itigation o pollution incidents.

Cha,ter *CClassification and Standards S C. 1-. &lassi ication o Philippine *aters $ The @ational Pollution Control Co!!ission" in coordination #ith appropriate govern!ent agencies" shall classi y Philippine #aters" according to their best usage. >n classi ying said #aters" the @ational Pollution Control Co!!ission shall ta5e into account" a!ong others" the ollo#ingD a. the existing 2uality o the body o #ater at the ti!e o classi ication b. the si=e" depth" sur ace area covered" volu!e" direction" rate o lo#" gradient o strea! c. the !ost bene icial uses o said bodies o #ater and lands bordering the! or residential" agricultural" co!!ercial" industrial" navigational" recreational" and aesthetic purposes. S C. 13. Reclassi ication o *aters .ased on Intended .ene icial "se $ 4here the public interest so re2uires" the @ational Pollution Control Co!!ission" in coordination #ith appropriate govern!ent agencies" shall reclassi y a body o #ater based on the intended bene icial use and ta5e such steps as !ay be necessary to upgrade the 2uality o said #ater. -ther govern!ent agencies !ay adopt higher standards or a particular body o #ater" sub+ect to the approval o the @ational Pollution Control Co!!ission. S C. 1&. "pgrading o *ater /ualit! 0 4here the 2uality o #ater has deteriorated to a degree #here its state #ill adversely a ect its best usage" the govern!ent agencies concerned shall ta5e such !easures as !ay be necessary to upgrade the 2uality o such #ater to !eet the prescribed #ater 2uality standards. S C. 1%. *ater /ualit! #tandards $ The @ational Pollution Control Co!!ission shall prescribe 2uality and e luent standards consistent #ith the guidelines set by the @ational

Environ!ental Protection Council and the classi ication o #aters pre$scribed in the preceding sections" ta5ing into consideration" a!ong others" the ollo#ingD a. the standard o #ater 2uality or purity !ay vary according to bene icial uses b. the technology relating to #ater pollution control.

CA "DL*(G CO1# LS GO@). A )O CL A( D# 1A(*LA !AE1A(*LA0 Octo'er 130 222- :S)A"< !y 1ichael #unong'ayan Fi teen govern!ent agencies are no# co!pelled to save the country,s !ost i!portant coastline ollo#ing a land!ar5 decision by the Court o .ppeals /C.0 to avor 7anila Bay area residents" #ho iled a class suit against the national govern!ent in 1999.The appellate court" in a resolution dated %ept. (8" (**)" crac5ed the #hip on the 7etropolitan 4ater#or5s and %e#erage %yste!s" the 8ocal 4ater Atilities .d!inistration" the Philippine Ports .uthority and 1( other national govern!ent o ices or being re!iss in their obligation to clean up" rehabilitate" and protect 7anila Bay" #hich has been do#ngraded into a virtual body o #ater illed #ith ecal coli or!. The order gives the 1) agencies and all concerned local govern!ent units six !onths to act. .lso included in the suit #ere the 6epart!ent o Environ!ent and @atural 'esources" 6epart!ent o .griculture" Bureau o Fisheries and .2uatic 'esources" Philippine Coast ?uard" 7etropolitan 7anila 6evelop!ent .uthority" Philippine @ational PoliceP 7ariti!e ?roup" 6epart!ent o Budget and 7anage!ent" 6epart!ent o Education and 6epart!ent o the >nterior and 8ocal ?overn!ent. The C. speci ically tas5ed govern!ent agencies to co!e up #ith a 1concerted plan o action to clean up and rehabilitate the 7anila Bay and its #ater#ays to restore it to Class %B classi ication /bathing standard0 and to revitali=e its !arine li e.3 C. %econd 6ivision .ssociate Budge Elie=er de 8os %antos" as concurred by .ssociate Budges Eugenio 8abitoria and Bose 'eyes Br." upheld the earlier decision o Executive Budge 8ucenito Tagle o the 'egional Trial Court o >!us" Cavite dated %ept. 1F" (**(" avoring concerned residents in cities and !unicipalities surrounding 7anila Bay in a class suit iled against the Philippine govern!ent in Banuary 1999.The %tar" through la#yer Tony -posa o the Philippine Bar .ssociation /PB.0" obtained a copy o the 1F$page decision" #hich he described as a 1grandsla!3 victory or environ$!ental advocates li5e hi! #ho ear or the continuing depletion and deterioration o the country,s natural resources. .ll 1) govern!ent agencies" a ter losing at the lo#er court" too5 the case to the C. in an e ort to reverse the ruling. &o#ever" the C. said the consolidated appeal #as 1bere t o !erit.3 1The decision o the lo#er court does not re2uire de endants to do tas5s outside o their usual unctions. They are !erely directed to co!e up #ith consolidated and coordinated e orts" each per or!ing its basic unction in rehabilitating and cleaning up the #aters o 7anila Bay"3 the C. ruling said. Cha,ter **C#rotection and *m,rovement of Fater Guality

S C. 1$. En orcement and &oordination $ The production" utili=ation" storage" and distribution o ha=ardous" toxic" and other substances such as radioactive !aterials" heavy !etals" pesticides" ertili=ers" and oils" and the disposal" discharge" and du!ping o untreated #aste#ater" !ine tailings" and other substances that !ay pollute any body o #ater o the Philippines resulting ro! nor!al operations o industries" #ater$borne sources" and other hu!an activities as #ell as those resulting ro! accidental spills and discharges shall be regulated by appropriate govern!ent agencies pursuant to their respective charters and enabling legislations. >n the per or!ance o the above unctions" the govern!ent agencies concerned shall coordinate #ith the @ational Environ!ental Protection Council and urnish the latter #ith such in or!ation as !ay be necessary to enable it to attain its ob+ectives under Presidential 6ecree @o.11(1. S C. 22. &lean0up Operations $ >t shall be the responsibility o the polluter to contain" re!ove" and clean up #ater pollution incidents at his o#n expense. >n case o his ailure to do so" the govern!ent agencies concerned shall underta5e contain!ent" re!oval" and clean$up operations and expenses incurred in said operations shall be charged against the persons and<or entities responsible or such pollution. S C. 21. *ater /ualit! Monitoring and #urveillance $ The various govern!ent agencies concerned #ith environ!ental protection shall establish to the greatest extent practicable #ater 2uality surveillance and !onitoring net#or5 #ith su icient stations and sa!pling schedules to !eet the needs o the country. %aid #ater 2uality surveillance net#or5 shall put to !axi!u! use the capabilities o such govern!ent agencies. Each agency involved in such net#or5 shall report to the @ational Environ!ental Protection Council the results o these !onitoring activities as the need arises. @oteD .ll o the above provisions o #ater 2uality have been superseded by theClean 4ater .ct o (**;" '. 9(7). )itle ***CLand Dse 1anagement S C. 22. Purpose $ The purposes o this Title areD a. to provide a rational" orderly" and e icient ac2uisition" utili=ation" and disposition o land and its resources in order to derive there ro! !axi!u! bene itsE and b. to encourage the prudent use and conservation o land resources in order to prevent an i!balance bet#een the nation,s needs and such resources. S C. 23. $ational Land "se #cheme = The &u!an %ettle!ents Co!!ission" in coordination #ith the appropriate agencies o the govern!ent" shall or!ulate and reco!!end to the @ational Environ!ental Protection Council a land use sche!e consistent #ith the purpose o this Title. The land use sche!e shall include a!ong others" the ollo#ingD

a. a science$based and technology$oriented land inventory and classi ication syste! b. a deter!ination o present land uses" the extent to #hich they are utili=ed" underutili=ed" rendered idle" or abandoned c. a co!prehensive and accurate deter!ination o the adaptability o the land or co!!unity develop!ent" agriculture" industry" co!!erce" and other ields o endeavor d. a !ethod o identi ication o areas #here uncontrolled develop!ent could result in irreparable da!age to i!portant historic" cultural" or aesthetic values" or natural syste!s or processes o national signi icance e. a !ethod or exercising control by the appropriate govern!ent agencies over the use o land in areas o critical environ!ental concern and areas i!pacted by public acilities including" but not li!ited to" airports" high#ays" bridges" ports and #harves" buildings" and other in rastructure pro+ects. . a !ethod to ensure the consideration o regional develop!ent and land use in local regulations g. a policy or in luencing the location o ne# co!!unities and !ethods or assuring appropriate controls over the use o land around ne# co!!unities h. a syste! o controls and regulations pertaining to areas and develop!ent activities designed to ensure that any source o pollution #ill not be located #here it #ould result in a violation o any applicable environ!ental pollution control regulationsE and i. a reco!!ended !ethod or the periodic revisions and updating o the national land use sche!e to !eet changing conditions. S C. 2/. Location o Industries $ >n the location o industries" actories" plants" depots" and si!ilar industrial establish!ents" the regulating or en orcing agencies o the govern!ent shall ta5e into consideration the social" econo!ic" geographic" and signi icant environ!ental i!pact o said establish!ents. )itle *@C(atural "esources 1anagement and Conservation S C. 2-. Purposes $ The purposes o this Title areD a. to provide the basic policy on the !anage!ent and conservation o the country,s natural resources to obtain the opti!u! bene its there ro! and to preserve the sa!e or the uture generationsE b. to provide general !easures through #hich the a oresaid policy !ay be carried out e ectively. Cha,ter *C7isheries and AHuatic "esources @oteD The policies on isheries and a2uatic resources are urther reiterated and a!pli ied by the Fisheries Code o 1998 /'ep. .ct @o. 8))*. Please see Chapter ; %ea0.

S C. 23. Management Polic! $ The national govern!ent" through the 6epart!ent o @atural 'esources" shall establish a syste! o rational exploitation o isheries and

a2uatic resources #ithin the Philippine territory and shall encourage citi=en participation therein to !aintain and<or enhance the opti!u! and continuous productivity o the sa!e. S C. 2&. Measures or $ational Exploitation $ 7easures or the national exploitation o isheries and other a2uatic resources !ay include" but shall not be li!ited to the ollo#ingD a. underta5ing !anpo#er and expertise develop!ent b. ac2uiring the necessary acilities and e2uip!entE c. regulating the !ar5eting o threatened species o ish or other a2uatic resources d. revie#ing all existing rules and regulations on the exploitation o isheries and a2uatic resources #ith a vie# o or!ulating guidelines or the syste!atic and e ective en orce!ent thereo E and e. conserving the vanishing species o ish and a2uatic resources such as turtles" sea sna5es" crocodiles" corals" as #ell as !aintaining the !angrove areas" !arshes and inland #aters" coral ree areas" and islands serving as sanctuaries or ish and other a2uatic li e. Cha,ter **CFildlife @oteD %ECT>-@% (8 and (9.The provisions o these sections are dee!ed !odi ied by 'ep. .ct 91;7" the ne# co!prehensive la# on the Conservation and Protection o 4ildli e /Please see ChapterF" Protected %pecies0 Cha,ter ***C7orestry and Soil Conservation S C. 32. Management Polic! or 'orestr! $ The national govern!ent" through the 6epart!ent o @atural 'esources" shall underta5e a syste! o rational exploitation o orest resources and shall encourage citi=en participation therein to 5eep the country,s orest resources at !axi!u! productivity at all ti!es. #E&1 231 Measures or Rational Exploitation o 'orest Resources $ 7easures or the rational exploitation o orest resources !ay include" but shall not be li!ited to the ollo#ingD a. regulating the !ar5eting o threatened orest resources b. revie#ing all existing rules and regulations on the exploitation o orest resources #ith a vie# o or!ulating guidelines or the syste!atic and e icient en orce!ent thereo E c. conserving threatened species o lora as #ell as increasing their rate o propagationE the banning o destructive !odes o exploitation" 5aingin" !a5ing or shi ting cultivation" indiscri!inate harvesting o !inor orest products" the recycling !ethods o #aste !aterials" and d. carrying out a continuing e ect on re orestation" ti!ber stand i!prove!ent" orest protection" land classi ication" orest occupancy !anage!ent" agriculture" range !anage!ent" agricultural<5aingin !anage!ent" industrial tree plantation" par5s and #ild$ li e !anage!ent" !ultiple use orest" ti!ber !anage!ent and orest research.

S C. 32. "se o 'ertili,ers and Pesticides $ The use o ertili=ers and pesticides in agriculture shall be regulated prescribing there$ ore a tolerance level in their use. Their use shall be !onitored by appropriate govern!ent agencies to provide e!pirical data or e ective regulation. S C. 33. Management Polic! on #oil &onservation $ The national govern!ent" through the 6epart!ent o @atural 'esources and the 6epart!ent o .griculture" shall li5e#ise underta5e a soil conservation progra! including therein the identi ication and protection o critical #atershed areas" encourage!ent o scienti ic ar!ing techni2ues" physical and biological !eans o soil conservation" and short$ter! and long$ter! researches and technology or e ective soil conservation. Cha,ter *@C7lood Control and (atural Calamities S C. 3/. Measures in 'lood &ontrol Program $ >n addition to the pertinent pro$visions o existing la#s" the ollo#ing shall be included in soil erosion" sedi!ent" and lood control progra!D a. the control o soil erosion on the ban5s o rivers" the shores o la5es" and the seashoresE b. the control o lo# and looding in and ro! rivers and la5es c. the conservation o #ater #hich" or purposes o this %ection shall !ean or!s o #ater" but shall not include captive #ater d. d. the needs o isheries and #ildli e and all other recreational uses o natural #ater e. !easures to control the da!!ing" diversion" ta5ing" and use o natural #ater so ar as any such act !ay a ect the 2uality and availability o natural #ater or other purposes . !easures to sti!ulate research in !atters relating to natural #ater and soil conservation and the application o 5no#ledge thereby ac2uired. S C. 3-. Measures to Mitigate Destructive E ects o &alamities $ The national govern!ent" through the Philippine .t!ospheric" ?eophysical" and .strono!ical %er$ vices .d!inistration" shall pro!ote intensi ied and concerted research e orts on #eather !odi ication" typhoon" earth2ua5e" tsuna!i" stor! surge" and other tropical natural pheno!ena in order to bring about any signi icant e ect to !itigate or prevent their destructive e ects. Cha,ter @C nergy +evelo,ment @oteD The ollo#ing provisions are dee!ed !odi ied and a!pli ied by the creation o the 6epart!ent o Energy" '. .. @o. 7:F8 /199(0. S C. 33. Polic! = Consistent #ith the environ!ental protection policies" the national govern!ent" through the Energy 6evelop!ent Board" shall underta5e an energy

develop!ent progra! encouraging therein the utili=ation o invariant sources such as solar" #ind" and tidal energy. S C. 3&. Measures or Energ! Development $ 7easures or CanO energy develop!ent progra! !ay include" but shall not be li!ited to" the ollo#ingD a. setting up o pilot plants utili=ing invariant sources o energy b. training o technical personnel or purposes o energy develop!ent c. conducting researches ai!ed at developing technology or energy develop!ent.

S C. 3%. #a et! Measures on Energ! Development $ 'ules and regulations shall be pro!ulgated to prevent or !itigate the adverse e ects o energy develop!ent on the environ!ent. For this purpose" all nuclear$po#ered plants exploring and utili=ing geo$ ther!al energy" #hether o#ned or controlled by private or govern!ent entities shallD a. observe internationally accepted standards o sa etyE and b. provide sa ety devices to ensure the health and #el are o their personnel as #ell as the surrounding co!!unity. Cha,ter @*CConservation and Dtili.ation of Surface and Ground Faters S C. 3$. Management Polic! 0 >n addition to existing la#s" the national govern!ent" through the @ational 4ater 'esources Council in coordination #ith other appropriate govern!ent agencies" shall prescribe !easures or the conservation and i!prove!ent o the 2uality o Philippine #ater resources and provide or the prevention" control" and abate!ent o #ater pollution. Cha,ter @**C1ineral "esources @oteD The provisions on !ineral resources are dee!ed a!pli ied by the Philippine 7ining .ct o 199) /'. .. @o. 79;(0. S C. /2. Management Polic! $ The national govern!ent" through the 6epart!ent o @atural 'esources" shall underta5e a syste! o gain ul exploitation and rational and e icient utili=ation o !ineral resources and shall encourage citi=en participation in this endeavor. S C. /1. Measures or Exploitation and "tili,ation o Mineral Resources P 7easures or the gain ul exploitation and rational and e icient utili=ation o such !ineral resources !ay include" but shall not be li!ited to" the ollo#ingD a. increasing research and develop!ent in !ineral resources technology

b. training o additional technical !anpo#er needed in geology" geophysics" !ining engineering" and related ields c. regulating the exploitation o identi ied !ineral reserves d. accelerating the exploration o undiscovered !ineral deposits e. encouraging the establish!ent o processing plants or re ined !etals. )itle @CFaste @oteD %ections ;( to ;9 on #aste !anage!ent are dee!ed !odi ied by the %olid 4aste 7anage!ent .ct /'... 9**F0. The responsibility o local govern!ents or solid #aste !anage!ent is urther a!pli ied by the provisions o the 8ocal ?overn!ent Code o 1991 /'ep. .ct @o. 71:*0 and the Ecological %olid 4aste 7anage!ent .ct /'... 9**F0. Cha,ter ***C1ethods of LiHuid Faste +is,osal :+eemed "evised 'y the Clean Fater Act0 ".A. $2&-< S C. -2. Li4uid *aste Disposal P4aste#ater ro! !anu acturing plants" industries" co!!unity or do!estic sources shall be treated either physically" biologically" or che!ically" prior to disposal in accordance #ith the rules and regulations pro!ulgated by proper govern!ent authority. #E&1 531 Applica%ilit! o #ection 6 $ The provisions o %ection 8 hereo shall li5e$#ise apply to the du!ping or disposal o li2uid #aste into the sea and other bodies o #ater. Title I>P7iscellaneous Provisions #E&1 571 Population0Environment .alance $ >n the assess!ent o develop!ent pro+ects" the @ational Environ!ental Protection Council" hereina ter re erred to in this Title as the 1Council3 shall ta5e into consideration their e ect on the population #ith a vie# to achieving a rational and orderly balance bet#een !an and his environ!ent. S C. -3. Environmental Education $The 6epart!ent o Education and Culture shall integrate sub+ects on environ!ental education in its school curricula at all levels. >t shall also endeavor to conduct special co!!unity education e!phasi=ing the relationship o !an and nature as #ell as environ!ental sanitation and practices. The Council and other govern!ent agencies i!ple!enting environ!ental protection la#s in coordination #ith public in or!ation agencies o the govern!ent shall underta5e public in or!ation activities or the purpose o sti!ulating a#areness and encouraging involve!ent in environ!ental protection. #E&1 581 Environmental Research $ The Council shall underta5e and<or pro!ote continuing studies and research progra!s on environ!ental !anage!ent and shall" ro! ti!e to ti!e" deter!ine priority areas o environ!ental research.

#E&1 551 Monitoring and Dissemination o Environmental In ormation o 'oreign Origin $ The Council shall 5eep itsel in or!ed o current environ!ental develop!ents by obtaining in or!ation and literature ro! oreign sources through the 6epart!ent o Foreign . airs" govern!ent agencies" and other entities" both do!estic and oreign. %uch in or!ation and literature shall be given the #idest disse!ination possible. #E&1 591 Incentives PTo operate the installation and the utili=ation o pollution control acilities" the ollo#ing incentives are hereby grantedD a. exe!ption to the extent o i ty percent /)*S0 o tari duties and co!pensating tax or the i!portation o pollution control e2uip!ent" devices" spare parts and accessories or a period o ive /)0 years ro! the e ectivity o this 6ecree sub+ect to the conditions that #ill be i!posed by the Council. '. a tax credit e2uivalent to i ty percent /)*S0 o the value o the co!pensating tax and tari duties that #ould have been paid on the pollution control e2uip!ent" devices" spare parts" and accessories had these ite!s been i!ported shall" #ithin a period o seven/70 years ro! the e ectivity o this 6ecree" be given to the person or ir! #ho or #hich purchases the! ro! a do!estic !anu acturer" and another tax credit e2uivalent to t#enty$ ive percent/()S0 thereo shall be given to the said !anu acturer sub+ect to such conditions as !ay be i!posed by the Council c. deductions e2uivalent to i ty percent /)*S0 o the expenses actually incurred on research pro+ects under$ta5en to develop technologies or the !anu acture o pollution control e2uip!ent #hich have been proven e ective and co!!ercially reproducible" ro! the taxable inco!e o the person or ir! actually underta5ing such pro+ects sub+ect to the conditions that !ay be i!$posed by the Council. The pollution control e2uip!ent" devices" spare parts" and accessories ac2uired under this %ection shall not be sold" trans erred" or disposed o #ithin ive /)0 years ro! the date o ac2uisition #ithout the prior approval o the Council" other#ise the i!porter or purchaser shall pay t#ice the a!ount o the tax exe!ption or tax credit granted. #E&1 5:1 'inancial Assistance; <rant $ Financial assistance<grant or the study" design" and construction o environ!ental protection acilities especially or #aste disposal in avor o cities" !unicipalities" s!all$ and !ediu!$scale industries !ay be granted on a case$to$case basis sub+ect to such conditions as !ay be i!posed by the Council. #E&1 561 Participation o Local <overnment "nits and Private Individuals T >t shall be the responsibility o local govern!ent units as #ell as private individuals to actively participate in the environ!ental !anage!ent and protection progra!s o the govern!ent. #E&1 5=1 Preservation o >istoric and &ultural Resources and >eritage P>t shall be the duty o every person to help preserve the historic and cultural resources o the country such as sites" structures" arti acts" docu!ents" ob+ects" !e!orials and priceless trees. #E&1 9?1 <overnment O ices Per orming Environmental Protection 'unctions $ ?overn!ent agencies vested by la# to exercise environ!ental !anage!ent po#er" shall continue to unction as such #ithin their respective +urisdictions. The Council !ay"

ho#ever" in the exercise o its po#ers and unctions under Presidential 6ecree @o.11(1" in2uire into any action or issue o environ!ental signi icance. #E&1 931 Pu%lic >earings PThe Council !ay" #henever it dee!s necessary" con$duct public hearings on issues o environ!ental signi icance. #E&1 971 De inition o -erms $ .s used in this CodeD a. Am'ient air Huality = !eans the average at!ospheric purity as distinguished ro! discharge !easure!ents ta5en at the source o pollution. >t is the general a!ount o pollution present in a broad area. '. mission $ !eans the act o passing into the at!osphere an air conta!inant" pollutant" gas strea!" and un#anted sound ro! a 5no#n source. c. Fater Huality $ !eans the characteristics o #ater #hich de ine its use in ter!s o physical" che!ical" and biological contentsE hence the 2uality o #ater or do!estic use is di erent ro! industrial use d. Fater Huality surveillance = !eans a close and continuous supervision o the #ater 2uality to detect develop!ents" !ove!ents" or changes in the characteristics o the #ater. e. Fater Huality standard = !eans a plan that is established by govern!ental authority as a progra! or #ater pollution prevention and abate!ent. %uch a standard !ay include #ater use classi ication and the criteria to support the uses o the #ater. f. ffluent standards $ !eans restrictions established to li!it levels o concentration o physical" che!ical" and biological constituents #hich are discharged ro! point sources. g. Clean=u, o,erations $ re ers to activities conducted in re!oving the pollutants discharged or spilled in #ater to restore it to pre$spill condition. h. Accidental s,ills $ re ers to spills o oil or other ha=ardous substances in #ater that result ro! accidents involving the carriers o such substance such as collisions and grounding. i. Areas of critical environmental concern = are areas #here uncontrolled develop!ent could result in irreparable da!age to i!portant historic" cultural" or aesthetic values or natural syste!s or processes o national signi icance. I. Ha.ardous su'stances T !eans ele!ents or co!pounds #hich #hen discharged in any 2uantity present i!!inent or substantial danger to public health and #el are. J. Areas im,acted 'y ,u'lic facilities = re ers to areas #here the introduction o public acilities !ay tend to induce develop!ent and urbani=ation o !ore than local signi icance or i!pact. l. nvironmental im,act $ is the alteration" to any degree" o environ$!ental conditions or the creation o ane# set o environ!ental conditions" adverse or bene icial" to be induced or caused by a proposed pro+ect. m. Government agencies $ re ers to national" local" and regional agencies and instru!entalities including govern!ent$o#ned and controlled corporations. )itle @**C7inal #rovisions #E&1 921 #epara%ilit! o Provisions $ > any provision o this Code" or the application o such provision to any person or circu!stance" is declared unconstitutional" the re!ainder

o the Code or the application o such provision to other persons or circu!$stances shall not be a ected by such declaration. #E&1 981 E ectivit! $ This Code shall ta5e e ect upon its approval. 6one in the City o 7anila" this :th day o Bune" 1977. 3. #ollution Control Law :#+ $%/<
MALACAANG Manila PRESIDENTIAL DECREE No. "#4 A$%$&t 1#' 1"! PROVIDING (OR THE REVISION O( REP)*LIC ACT NO. 3"31' COMMONLY +NO,N AS THE POLL)TION CONTROL LA,' AND (OR OTHER P)RPOSES WHEREAS, there is a need to modif" the organizational structure of the %A')&%A6 -&66;')&% ,&%'R&6 ,&MM)SS)&% to ma2e it more effective and efficient in the discharge of its functions and responsive to the demands of the times occasioned b" the accelerative phase of the countr"<s industrialization program! WHEREAS, there is an imperative need to strengthen this ,ommission to best protect the people from the growing menace of environmental pollution! and WHEREAS, it is urgentl" necessar" to maintain the role of the ,ommission as the primar" agenc" responsible for the prevention and control of environmental pollution! %&W, 'HERE(&RE, ), (ER*)%A%* E+ MAR,&S, -resident of the -hilippines, b" virtue of the powers vested in me b" the ,onstitution, do hereb" order and decree the revision of Republic Act %o+ 4=4>, to be 2nown as the ?%ational -ollution ,ontrol *ecree of >=@9,? to read as follows$ Section 1. Statement of Policy. )t is hereb" declared a national polic" to prevent, abate and control pollution of water, air and land for the more effective utilization of the resources of this countr"+ Section 2. Definitions. As used in this *ecree$ .a/ ?-ollution? means an" alteration of the ph"sical, chemical and biological properties of an" water, air andAor land resources of the -hilippines, or an" discharge thereto of an" li#uid, gaseous or solid wastes as will or is li2el" to create or to render such water, air and land resources harmful, detrimental or in0urious to public health, safet" or welfare or which will adversel" affect their utililization for domestic, commercial, industrial, agricultural, recreational or other legitimate purposes+ .b/ ?Sewage? means the water carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with such water infiltration and surface water as ma" be present+ 'he admixture or sewage and

industrial wastes or other wastes as hereafter defined shall also be considered ?sewage+? .c/ ?)ndustrial Waste? means an" li#uid, gaseous or solid matter, or other waste substance or a combination thereof resulting from an" process of industr", manufacturing trade or business or from the development, processing or recover" or an" natural resources which ma" cause or tend to cause pollution, or contribute to the pollution of the water, air and land resources of the -hilippines+ .d/ ?&ther Waste? means garbage, refuse, wood residues, sand, lime cinders, ashes, offal, night oil, tar, d"e stuffs, acids, chemicals, and other substances not sewage or industrial waste which ma" cause or tend to cause pollution! or contribute to the pollution of the water, air and land resources of the -hilippines+ .e/ ?Sewage S"stem or Sewerage S"stem? means pipe lines or conduits, pumping stations, force mains, constructed drainage ditches, and all other constructions, devices, and appurtenances used for collecting or conducting sewage, and industrial wastes or other wastes to a point of treatment, discharge or ultimate disposal+ .f/ ?'reatment Wor2s? means an" method, construction device or appliance appurtenant thereto, installed for the purpose of treating, neutralizing, stabilizing, disinfecting, or disposing of sewage, industrial waste or other wastes, or for the recover" of b" product from such sewage, industrial waste or other wastes+ .g/ ?Sewage Wor2s? means individuall" or collectivel" those constructions or devices use for collecting, pumping, treating, and disposing of sewage, industrial wastes or other waste, or for the recover" of b" products from such sewage, industrial waste or other waste+ .h/ ?&utlet? means the terminus of a sewage wor2s or point of emergence in the water, air and land resources of the -hilippines of an" sewage, industrial wastes or other wastes+ .i/ ?,ommission? means the %ational -ollution ,ontrol ,ommission+ .0/ ?-erson? or ?-ersons? includes an" being, natural or 0uridical, susceptible of rights and obligations or of being the sub0ect of legal relations+ Section 3. Creation of the ational Pollution Control Commission! "em#ers. 'here is hereb" created and established a %ational -ollution ,ontrol ,ommission under the &ffice of the -resident+ 'he ,ommission shall be headed b" one full time commissioner and assisted b" two full time deput" commissioners, one of whom shall be responsible for standard setting and monitoring and the other for enforcement+ 'he ,ommissioner shall be a man of proven executive abilit"+ 'he *eput" ,ommissioner for Standard Setting and Monitoring shall preferabl" be a sanitar" engineer, while the *eput" ,ommissioner for Enforcement shall preferabl" be a law"er+ 'he ,ommissioner and the *eput" ,ommissioners must have technical expertise in the field of pollution control+ 'he ,ommissioner and the *eput" ,ommissioners shall be appointed b" the -resident of the -hilippines+

Section 4. Inter$Agency Advisory Council. 'here is created an )nter Agenc" Advisor" ,ouncil, attached to the ,ommission, which shall be composed of representatives designated b" the Secretaries of the *epartment of Agriculture, Health, )ndustr", :ustice, 6abor, 6ocal 1overnment and ,ommunit" *evelopment, %ational *efense, %atural Resources, and -ublic Wor2s, 'ransportation and ,ommunications! the heads of the 6aguna 6a2e *evelopment Authorit", %ational Economic and *evelopment Authorit", the %ational Science *evelopment 3oard and the Human Settlements ,ommission+ 'he ,ommissioner shall head the )nter Agenc" Advisor" ,ouncil+ Representatives from the private sector as ma" be affected, ma" be invited to the deliberations of the ,ouncil+ Section 5. %rgani&ation of the Commission. 'he ,ommission shall have a Water -ollution ,ontrol *ivision, an Air -ollution ,ontrol *ivision, a Research and *evelopment *ivision, a 6egal *ivision, an Administrative *ivision and such other divisions or units as ma" be approved in the 1eneral Appropriation Act+ %othing herein contained shall be construed as to automaticall" terminate or abolish an" existing position in the ,ommission nor shall it be construed as a prohibition against termination of an" position+ 'he ,ommission shall also establish such regional offices as ma" be necessar"+ 'he ,ommission shall provide such technical, scientific and other services, including the necessar" laborator" and other facilities as ma" be re#uired to carr" out the provisions of this *ecree$ -rovided, 'hat the ,ommission ma" secure such services as it ma" deem necessar" from other agencies of the %ational 1overnment, and ma" ma2e arrangements for the compensation of such services+ 'he ,ommission ma" also emplo" and compensate, within appropriations available therefor, such consultants, experts, advisors, or assistants on a full or part time basis as ma" be necessar", coming from government or private business entities, associations, or from local or foreign organizations, to carr" out the provisions of this decree an" ma" prescribe their powers, duties and responsibilities+ 'he ,ommission ma" conduct scientific experiments, investigations and research to discover economical and practical methods of preventing water, air and land pollution+ 'o this end, the ,ommission ma" cooperate with an" public or private agenc" in the conduct of such experiments, investigations and research, and ma" accept sums of mone", for and in behalf of the %ational 1overnment, given b" an" international, national or other public or private agenc" for water, air and land pollution control activities, surve"s or programs+ Section . Po'ers and (unctions. 'he ,ommission shall have the following powers and functions$ .a/ *etermine the location, magnitude, extent, severit", causes, effects and other pertinent information regarding pollution of the water, air and land resources of the countr"! ta2e such measures, using available methods and technologies, as it shall deem best to prevent or abate such pollution! and conduct continuing researches and studies on the effective means for the control and abatement of pollution+ .b/ *evelop comprehensive multi "ear and annual plans for the abatement of existing pollution and the prevention of new or imminent pollution, the implementation of which shall be consistent with the national development plan of the countr"+ Such plans shall indicate priorities and programs during the "ear+ .c/ )ssue standards, rules and regulations to govern the approval of plans and specifications for sewage wor2s and industrial waste disposal s"stems and the

issuance of permits in accordance with the provisions of this *ecree! inspect the construction and maintenance of sewage wor2s and industrial waste disposal s"stem for compliance to plans+ .d/ Adopt, prescribe, and promulgate rules and regulations governing the procedures of the ,ommission with respect to hearings, plans, specifications, designs, and other data for sewage wor2s and industrial waste disposal s"stem, the filing of reports, the issuance of permits, and other rules and regulations for the proper implementation and enforcement of this *ecree+ .e/ )ssue orders or decisions to compel compliance with the provisions of this *ecree and its implementing rules and regulations onl" after proper notice and hearing+ .f/ Ma2e, alter or modif" orders re#uiring the discontinuance of pollution specif"ing the conditions and the time within which such discontinuance must be accomplished+ .g/ )ssue, renew, or den" permits, under such conditions as it ma" determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage wor2s and industrial disposal s"stem or parts thereof$ -rovided, however, 'hat the ,ommission, b" rules and regulations, ma" re#uire subdivisions, condominium, hospitals, public buildings and other similar human settlements to put up appropriate central sewerage s"stem and sewage treatment wor2s, except that no permits shall be re#uired of an" new sewage wor2s or changes to or extensions of existing wor2s that discharge onl" domestic or sanitar" wastes from a single residential building provided with septic tan2s or their e#uivalent+ 'he ,ommission ma" impose reasonable fees and charges for the issuance or renewal of all permits herein re#uired+ .h/ After due notice and hearing, the ,ommission ma" also revo2e, suspend or modif" an" permit issued under this decree whenever the same is necessar" to prevent or abate pollution+ .i/ Set up effluent, stream, ambient and emission standards and promulgate rules and regulations therefor$ -rovided, 'hat local governments, development authorities, and other similar government instrumentalities or agencies ma" set up higher standards sub0ect to the written approval of the ,ommission+ .0/ Serve as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution+ .2/ *eputize in writing or re#uest assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this *ecree and its implementing rules and regulations and the orders and decisions of the ,ommission+ .l/ ,onsult, participate, cooperate and enter into agreement with other agencies of the government, and with affected political groups, political subdivisions, and enterprises in the furtherance of the purpose of this *ecree+ .m/ ,ollect and disseminate information relating to water, air, and land pollution and the prevention, abatement and control thereof+

.n/ Authorize its representative to enter at all reasonable times an" propert" of the public dominion and private propert" devoted to industrial, manufacturing, processing or commercial use without doing damage, for the purpose of inspecting and investigating conditions relating to pollution or possible or imminent pollution+ .o/ -repare and submit sixt" da"s after the close of each calendar "ear an annual report to the -resident and such periodic reports of activities as ma" be re#uired from time to time+ 'he annual report shall include the extent to which the ob0ectives in the plans referred to under Sec+ 9 .b/ have been achieved+ .p/ Exercise such powers and perform such other functions as ma" be necessar" to carr" out its duties and responsibilities under this *ecree+ Section !. .a/ -ublic Hearing+ -ublic hearings shall be conducted b" the ,ommissioner, *eput" ,ommissioners or an" senior official dul" designated b" the ,ommissioner prior to issuance or promulgation of an" order or decision b" the ,ommissioner re#uiring the discontinuance of discharge of sewage, industrial wastes or other wastes into the water, air or land resources of the -hilippines as provided in this *ecree$ -rovided, 'hat whenever the ,ommission find a prima facie evidence that the discharged sewage or wastes are of immediate threat to life, public health, safet" or welfare, or to animal or plant life, or exceeds the allowable standards set b" the ,ommission, the ,ommissioner ma" issue an ex parte order directing the discontinuance of the same or the temporar" suspension or cessation of operation of the establishment or person generating such sewage or wastes without the necessit" of a prior public hearing+ 'he said ex parte order shall be immediatel" executor" and shall remain in force until said establishment or person prevents or abates the said pollution within the allowable standards, or modified or nullified b" a competent court+ All records of the proceedings of said hearings shall be filed with the ,ommission+ All in#uiries, hearings, investigations and proceedings conducted b" the ,ommission shall be governed b" rules adopted b" the ,ommission, and in the conduct thereof the ,ommission shall not be bound b" technical rules of evidence$ -rovided, 'hat the ,ommissioners or an" of the dul" designated Hearing &fficers ma" summaril" punish for contempt, b" a fine not exceeding two hundred pesos, an" person committing such misconduct in the presence of an" of the ,ommissioners or an" of the dul" designated Hearing &fficers, or so near to them as to seriousl" interrupt an" hearing or session or an" proceeding, or an" person willfull" fails or refuses, without 0ust cause, to compl" with a summon, subpoena, or subpoena duces tecum issued b" the ,ommissioners or b" the dul" designated Hearing &fficer or, being present at a hearing, session or investigation, refuses to be sworn as a witness or to answer #uestions when lawfull" re#uired to do so+ 'he Sheriff or other police agencies of the place where the hearing or investigation is conducted, shall, upon re#uest of the Hearing &fficer, assist in the enforcement of the provisions of this paragraph+ .b/ Appeal to ,ourts+ An" decision of the ,ommission, in the absence of an appeal therefrom as herein provided, shall become final fifteen da"s after the date of notification, and 0udicial review thereof shall be permitted onl" after an" part" claiming to be aggrieved thereb" has exhausted the remedies before the ,ommission+ 'he ,ommission shall be deemed to be a part" to an" 0udicial action involving an" decision+ .c/ ,ourt Review+ 'he decision of the ,ommission upon an" disputed matter ma" be reviewed both upon the law and the facts of the case b" the ,ourt of Appeals+ (or

purposes of such review, the procedure concerning appeals from the ,ourt of (irst )nstance shall be followed+ Appeal from a decision of the ,ommission must be perfected within fifteen da"s from notification of such decision$ -rovided, however, 'hat an" decision of the ,ommission involving onl" #uestions of law, shall be appealed to the Supreme ,ourt+ %o appeal shall sta" the execution of an" order or decision of the ,ommission unless the ,ommissioner himself or the ,ourt of Appeals or the Supreme ,ourt so orders+ .d/ Execution of *ecision+ An" decision or order of the ,ommission, after the same has become final and executor", shall be enforced and executed in the same manner as decisions of ,ourts of (irst )nstance, and the ,ommission shall have the power to issue to the ,it" or -rovincial Sheriff or dul" constituted authorities whom it ma" appoint, such writs of execution as ma" be necessar" for the enforcement of such decision or order and an" person who shall fail or refuse to compl" with such decision, order, or writ, after being re#uired to do so shall, upon application b" the ,ommission, be punished b" the proper court for contempt+ Section #. Prohi#itions. %o person shall throw, run, drain, or otherwise dispose into an" of the water, air andAor land resources of the -hilippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise dispose thereto an" organic or inorganic matter or an" substance in gaseous or li#uid form that shall cause pollution thereof+ %o person shall perform an" of the following activities without first securing a permit from the ,ommission for the discharge of all industrial wastes and other wastes which could cause pollution$ >+ the construction, installation, modification or operation of an" sewage wor2s or an" extension or addition thereto! 8+ the increase in volume or strength of an" wastes in excess of the permissive discharge specified under an" existing permit! 4+ the construction, installation or operation of an" industrial or commercial establishments or an" extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of waste directl" into the water, air andAor land resources of the -hilippines or would otherwise alter their ph"sical, chemical or biological properties in an" manner not alread" lawfull" authorized+ Section ". Penalties. .a/ An" person found violating or failing to compl" with an" order, decision or regulation of the ,ommission for the control or abatement of pollution shall pa" a fine not exceeding five thousand pesos per da" for ever" da" during which such violation or default continues! and the ,ommission is hereb" authorized and empowered to impose the fine after due notice and hearing+ 'he fines so imposed shall be paid to the 1overnment of the -hilippines through the ,ommission, and failure to pa" the fine in an" case within the time specified in the above mentioned &rder or *ecision shall be sufficient ground for the ,ommission to order the closure or the stoppage in the operation of the establishment being operated andAor managed b" said person or persons until pa"ment of the fines shall have been made+ 'he ,ommission shall have the power and authorit" to issue corresponding writs

of execution directing the ,it" or -rovincial Sheriff or other peace officers whom it ma" appoint to enforce the fine or the order of closure or stoppage of operations+ -a"ment of fines ma" also be enforced b" appropriate action in a court of competent 0urisdiction+ 'he remedies provided in this sub section shall not be a bar to nor shall affect an" other remedies provided for in this *ecree but shall be cumulative and additional to such remedies+ .b/ An" person who shall violate an" of the provisions of Section Eight of this *ecree or its implementing rules and regulations, or an" &rder or *ecision of the ,ommission, shall be liable to a penalt" of not to exceed one thousand pesos for each da" during which the violation continues, or b" imprisonment of from two "ears to six "ears, or b" both fine and imprisonment, and in addition such person ma" be re#uired or en0oined from continuing such violation as hereinafter provided+ .c/ An" person who shall refuse, obstruct, or hamper the entr" of the dul" authorized representatives of the ,ommission into an" propert" of the pubic domain or private propert" 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/ An" person who violates an" of the provisions of, or fails to perform an" dut" imposed b" this *ecree or its implementing rules and regulations or b" &rder or *ecision of the ,ommission promulgated pursuant to this *ecree hereb" causing the death of fish or other a#uatic life, shall in addition to the penalt" above prescribed, be liable to pa" the government for damages for fish or a#uatic life destro"ed+ .e/ )n case the violator is a 0uridical person, the penalt" shall be imposed on the managing head responsible for the violation+ Section 1-. )urisdiction. 'he ,ommission shall have no 0urisdiction over waterwor2s or sewage s"stem operated b" the Metropolitan Waterwor2s Sewerage S"stem, but the rules and regulations issued b" the ,ommission for the protection and prevention of pollution under the authorit" herein granted shall supersede and prevail over an" rules or regulations as ma" heretofore have been issued b" other government agencies or instrumentalities on the same sub0ect+ )n case of development pro0ects involving specific human settlement sites or integrated regional or sub regional pro0ects, such as the 'ondo (oreshore *evelopment Authorit" and the 6aguna 6a2e *evelopment Authorit", the ,ommission shall consult with the authorities charged with the planning and execution of such pro0ects to ensure that their pollution control standards compl" with those of the ,ommission+ &nce minimum pollution standards are established and agreed upon, the development authorities concerned ma", b" mutual agreement and prior consultation with the ,ommission, underta2e the pollution control activities themselves+ Section 11. Appropriations. Such amount as ma" be necessar" to carr" out the provisions of this *ecree, which in no case shall be less than five million pesos, is hereb" appropriated "earl" for the operating expenses of the ,ommission out of an" funds in the %ational 'reasur"+

Section 12. Repealing Clause. An" provision of laws, presidential decree, executive order, rules and regulations andAor parts thereof inconsistent with the provisions of this *ecree, are hereb" repealed andAor modified accordingl"+ Section 13. Effectivity. 'his *ecree shall ta2e effect immediatel"+ *one in the ,it" of Manila, this >Bth da" of August, in the "ear of &ur 6ord, nineteen hundred and sevent" six+

1. 1ead vs Argel0 11- SC"A 2-30 G". (o. L=/1$-%0 ;uly 220 1$%2 Pollution is a -echnical Issue The deter!ination o the existence o pollution is a technical !atter that !ust irst be resolved by co!petent authority. 4ithout such deter!ination" a cri!inal case or pollution cannot be iled. 7acts8 -n 7arch 11" 197)" petitioner 6onald 7ead and >saac .rivas" president and general !anager respectively o the >nsular -il 'e inery Co. />@%->80" #ere charged by the provincial iscal o 'i=al or a violation o %ections 9 and 1* o 'epublic .ct @o. F9F1" entitled 1.n .ct Creating a @ational 4ater and .ir Pollution Control Co!!ission.3 %peci ically" the co!plaint alleged that >@%->8 polluted the environ!ent by du!ping its industrial and other ha=ardous #astes into the high#ay canal in the vicinity o its plant. 7r. 7ead assails the +urisdiction o the court saying that the @ational 4ater and .ir Pollution Co!!ission has the exclusive authority to deter!ine the existence o 1pollution3 be ore a cri!inal case can be iled or violation o said la# and that the Co!!ission has the exclusive authority to prosecute said violations. Thus" the not having inally ruled that there is a violation o 'epublic .ct @o. F9F1 in this case" the provincial iscal lac5s the authority to prosecute hi! or violation o said la#. The respondents on the other hand" !aintain that the courts have concurrent +urisdiction #ith the Co!!ission to prosecute violations o 'epublic .ct @o. F9F1. *ssue8 6oes the court have +urisdiction to try the case or pollutionK Held8 @o. 'epublic .ct @o. F9F1 is a la# prohibiting the pollution o #ater #ays and<or the at!ospheric air. .s such" any prosecution or violation o said la# re2uires that the co!plainant prove that the accused co!!itted the act #hich the la# tries to preventP that is" that he 1polluted3 the air or #ater#ays through so!e !eans. 1The ter! pollution as used in the la# is not to be ta5en in its ordinary signi ication. >n %ec. (" paragraph /a0" o 'epublic .ct @o. F9F1" pollution is de ined in these #ordsD/a0 Pollution !eans such alteration o the physical" che!ical" and<or biological properties o any #ater and<or at!ospheric air o the Philippines" or any such discharge o any li2uid" gaseous" or solid substances into any o the #aters and<or at!ospheric air o the country as #ill or is li5ely

to create or render such #aters and<or at!ospheric air har! ul or detri!ental or in+urious to public health" sa ety or #el are" or to do!estic" co!!ercial" industrial" agricultural" recreational" or other legiti!ate uses" or to live$stoc5" #ild ani!als" birds" ish" or other a2uatic li e. 1Th/is0 de inition o the ter! pollution in itsel connotes that the deter!ination o its existence re2uires speciali=ed 5no#ledge o technical and scienti ic !atters #hich are not ordinarily #ithin the co!petence o iscals /prosecutors0 or o those sitting in a court o +ustice.3 This is probably the reason #hy 1the po#er to deter!ine the existence o pollution is vested by the la# in the Co!!ission. %ection : . . . gives the Co!!ission the authority to Ldeter!ine #hether pollution exists in any o the #aters and<or at!ospheric air o the Philippines, #hile %ection 8 contains explicit provisions as to the authority o the Co!!ission to deter!ine the existence o pollution and to ta5e appropriate actions to abate or prevent the sa!e. 3This sa!e section expressly provides that on !atters not related to nuisance" 1no court action shall be initiated until the Co!!ission shall have inally ruled thereon.3 1This provision leaves little roo! or doubt that a court action involving the deter!ination o the existence o pollution !ay not be initiated until and unless the Co!!ission has so deter!ined the existence o #hat in the la# is considered pollution.3 1.s !ay be seen ro! the la#" the deter!ination o the existence o pollution re$2uires investigation" public hearings" and the collection o various in or!ation relating to #ater and at!ospheric pollution.3 Thus" there being no investigation or inding ro! the Co!!ission regarding this !atter" the provincial iscal acted pre!aturely in instituting this action. Conse2uently" the respondent court cannot ac2uire +urisdiction. Case dis!issed. 2. #ollution AdIudication !oard vs CA0 1$- SC"A 1120 G" (o. $3%$10 1arch 110 1$$1. )ease and *esist +rder ,ay Be Issued -ithout E'tensive Hearing The PAB has the legal authority to issue a cease and desist order e' parte !ithout a hearing !here the discharges e'ceed the allo!able standards" 7acts8 %olar Textile Finishing Corp. /%olar" or brevity0 #as charged in the P.B #ith violating %ection 8 o Presidential 6ecree @o. 98;" %ection 1*F o its >!ple!enting 'ules and 'egulations and the 198( E luent 'egulations. The case ste!!ed ro! P.B,s indings a ter several inspections that %olar,s textile plant in 7alabon #as discharging untreated #aste#ater directly into a canal leading to the Tullahan Tene+eros 'iver. -n %epte!ber ((" 1988" the P.B issued an ex parte cease and desist order /C6-0against %olar signed by Board Chair!an and then 6E@' %ecretary Fulgencio Facto$ran" Br. -n 7arch F1" 1989" a #rit o execution #as issued. %olar iled a !otion or reconsideration to stay the execution o the C6-. .cting on this !otion" the P.B issued an order allo#ing %olar to operate te!porarily pending another inspection and evaluation by the P.B and the 6E@'. &o#ever" on .pril (1" %olar #ent to the 'TC Que=on City on a petition to en+oin the execution o the C6-. The 'TC dis!issed %olar,s petition saying that appeal #as the proper re!edy and that the Board,s subse2uent order allo#ing %olar to operate

te!porarily has rendered the petition !oot and acade!ic. %olar appealed to the Court o .ppeals #hich decided in its avor. Thus" this petition by the P.B to the %upre!e Court to assail the correctness o the C.,s decision. *ssue8 6id P.B deny %olar its constitutional right to due process #hen it issuedthe closure order #ithout a hearing or ex parteK Held8 @o. The Pollution Control 8a# /Presidential 6ecree @o. 98;0 in %ection 7a. gives the P.B the necessary legal authority to issue an ex parte cease and desist order /a0#henever the #astes discharged by an establish!ent pose an 1i!!ediate threat to li e" public health" sa ety or #el are" or to ani!al or plant li e"3 or b. #henever such discharges or #astes exceed 1the allo#able standards . ..31-n the one hand" it is not essential that the Board prove that an Li!!ediate threat to li e" public health" sa ety or #el are" or to ani!al or plant li e, exists be ore an ex parte cease and desist order !ay be issued. >t is enough or the Board to ind that the #astes discharged exceed Lthe allo#able standards., >n respect o discharges o #astes as to #hich allo#able standards have been set by the 6E@'" the Board !ay act on ex parte basis #hen it inds at least pri!a acie proo that the #aste#ater or !aterial involved presents an Li!!ediate threat to li e" public health" sa ety or #el are or to ani!al or plant li e., %ince the applicable standards set by the 6E@' existing at any given ti!e !ay #ell not cover every possible or i!aginable 5ind o e luent or #aste discharge" the general standard o Lan i!!ediate threat to li e" public health" sa ety or #el are" or to ani!al and plant li e, re!ains necessary. 3>n this case" records sho# 1that there #as at least pri!a acie evidence be ore the Board that the e luents e!anating ro! %olar,s plant exceeded the !axi!u! allo#able levels o physical and che!ical substances set by the 6E@' and that accordingly there #as ade2uate basis supporting the ex parte cease and desist order issued by the Board.3 1>ndustrial establish!ents are not constitutionally entitled to reduce their capital costs and operating expenses and to increase their pro its by i!posing upon the public threats and ris5s to sa ety" health and general #el are and co! ort" by disregarding the re2uire!ent o anti$pollution statutes and their i!ple!enting regulations. 3. )echnology +evelo,ers0 *nc. vs CA0 1$3 SC"A 1/&0 G". (o. $/&-$0 ;anuary 210 1$$10 221 SC"A 110 ;uly 310 1$$1. @urisdiction Over Pollution &ase Pollution cases are #ithin the exclusive +urisdiction and co!petence o the 6E@' and there ore are beyond the po#er o the local !ayor to resolve. 7acts8 Technology 6evelopers >nc. /T6>0 is a do!estic private corporation engaged in the business o !anu acturing and exporting charcoal bri2uettes. >t has a plant located in the !unicipality o %ta. 7aria" Bulacan #hich beca!e the sub+ect o co!plaints ro!

residents. The co!plainants alleged that ha=ardous u!es or s!o5e ro! the plant,s chi!ney #as polluting the environ!ent and causing sic5$ness a!ong the locals. 'esponding to the co!plaints" acting 7ayor Pablo @. Cru= ordered the closure o the plant basing his decision on T6>,s apparent lac5 o building per!it" !ayor,s per!it and anti$pollution per!it ro! the @ational Pollution Control Co!!ission /no# 6E@'$ E7B0 T6> brought a petition be ore the 'TC o Bulacan to prevent the !ayor ro! carrying out his order. &o#ever" the 'TC allo#ed the !ayor to e ect the closure. T6> then #ent to the Court o .ppeals #hich also dis!issed the petition. &ence" this petition be ore the %upre!e Court. *ssue8 4as the 'TC correct in allo#ing the !ayor to e ect the closure o the allegedly polluting establish!entK Held8 @o. Banuary (1" 1991 6ecision The initial decision o the %upre!e Court dated Banuary (1" 1991 declared that the 7ayor,s closure order #as done pursuant to the latter,s police po#er. >t 2uoted the portion o the 'TC decision #hich saidD 14hile it is true that the !atter o deter!ining #hether there is a pollution o the environ!ent that re2uires control i not prohibition o the operation o a business is essentially addressed to then @ational Pollution Control Co!!ission o the 6epart!ent o @atural 'esources" it !ust be recogni=ed that the !ayor o a to#n has as !uch responsibility o protecting its inhabitants ro! pollution" by virtue o his police po#er" he !ay deny the application or a per!it to operate a business or other#ise close the sa!e unless appropriate !easures are ta5en to control and<or avoid in+ury to the health o the residents o the co!!unity ro! the e!issions.3 7oreover" the %upre!e Court held that 1conco!itant to the need to pro!ote in$vest!ent and contribute to the gro#th o the econo!y is the e2ually essential i!perative o protecting the health" nay" the very lives o the people" ro! the deleterious e ect o the pollution o the environ!ent. Buly F1" 1991 'esolution @oteD &o#ever" upon !otion or reconsideration" in a 'esolution dated BulyF1" 1991" the Court reversed itsel 18* degrees apparently in the ace o certain evidence sub!itted by T6>. .!ong others" the co!pany sub!itted a building per!it issued by the Building - icial o the then 7inistry o Public 4or5s and a per!it to operate issued by the 6E@'$E7B. The Court also ound that certain signatures in the co!plaint<petition sub!itted to the !ayor as the basis o the latter,s closure order #ere alsi ied. >n its resolution" the Court said" 1/o0ur previous decision #as anchored on actual allegations in the respondent !ayor,s pleadings" #hich the trial court" the Court o .ppeals" and this court assu!ed to be true. The petitioner,s !otion or reconsideration o our decision has 5noc5ed do#n those actual !oorings o our decision.014e are i!pelled to reconsider our decision or" regardless o the !ayor,s +usti ications or issuing his arbitrary closure order" he #as" and is" bere t o +urisdiction to issue it.3 1The applicable la# is Presidential 6ecree @o. 98;

#hich created and established on .ugust 18" 197: the @ational Pollution Control Co!!ission" later rena!ed Environ$!ental 7anage!ent Bureau /or E7B0 Las the pri!ary agency responsible or the prevention and control o environ!ental pollutionL in the country. The pri!acy o its +urisdiction on !atters o air" #ater" and pollution" is a ir!ed in %ections 1* and 17 o Presidential 6ecree @o. 98; #hich provide that the rules and regulations issued by the E7B or the prevention o pollution Lshall supersede and prevail over any rules or regulations as !ay hereto ore have been issued by other govern!ent agencies or instru!entalities on the sa!e sub+ect", and Lany provision o la#s" presidential decrees" executive orders" rules and regulations and<or parts thereo inconsistent #ith the provisions o this 6ecree are hereby repealed and<or !odi ied accordingly., Evidently" even the provision o the Civil Code on nuisance" inso ar as the nuisance is caused by pollution o the air" #ater" or land resources are dee!ed superseded by Presidential 6ecree @o. 98;#hich is the special la# on the sub+ect o pollution.3 1The po#ers and unctions o the E7B enu!erated in %ection : o Presidential 6ecree @o. 98; are not con erred by la# on to#n o icials.3 1%igni icantly" it is the discharge o industrial #astes" not the operation o the business that !ay be discontinued.3 The acting !ayor !ay not capriciously deny a per!it to operate T6>,s other#ise legiti!ate business on the ground that its plant #as causing excessive air pollution. -nly the E7B" a ter due notice and hearing" !ay deter!ine #hether excessive pollution exists.3 1The co!plaint against the T6> or violation o anti$pollution la#s should have been addressed to the E7B #hich alone is e!po#ered to investigate and" a ter a public hearing" to deter!ine #hether the charcoal bri2uette plant #as causing air pollution in excess o per!issible li!its" #hether the discharge o s!o5e ro! petitioner,s 1:$!eters!o5e stac5 should be reduced or discontinued" #hether additional devices or that purpose should be installed" and #hether its business should be te!porarily suspended or totally banned. That investigation and deter!ination can only be !ade by the E7B" assisted by its sta o sanitary engineers" environ!ental experts" che!ists" physicians" and technical !en #or5ing #ith scienti ic e2uip!ent and laboratory acilities to !easure the degree and extent o air pollution in the plant site and around it" and deter!ine the danger" i any" that it poses to the health o the people in the barangay #here the plant is located. >t #as never the la#,s intention to place in the hands o +ust any lay$!an" ho#ever high his !otives !ay be" the authority to deter!ine i pollution exists" and the po#er to toll the death 5nell o a !ulti$!illion peso industry #hich" in this case" not only provides +obs" but also brings in export dollars or the country,s dollar$starved econo!y. . special agency" the E7B" #as created by la# or this purpose.3

+. nvironmental Administration 1. ?ecutive +e,artments thru which the #resident e?ercises ,ower of control and su,ervision over natural resources. A. +e,artment of nvironmental "esources !. +e,artment of Agriculture C. +e,artment of nergy

(@*"O(1 ()AL A+1*(*S)"A)*O( +e,artment of nvironment and (atural "esources : ?ecutive Order 1$20 1$%&< 4&E'E.%" Executive -rder @o. 1F1" dated Banuary F*" 1987" #as suspendedE 4&E'E.%" a policy having been reached on energy" the reorgani=ation o the 6epart!ent o @atural 'esources can no# be e ectedE 4&E'E.%" the environ!ent #ill be a ected by the use" develop!ent" !anage!ent" rene#al and conservation o the countryUs natural resourcesE 4&E'E.%" there is a need to protect and enhance the 2uality o the countryUs environ!entE 4&E'E.%" to attain this ob+ective" environ!ental concerns and natural resources concerns should be given e2ual attention by the 6epart!entE 4&E'E.%" under .rticle MI>>>" %ection :" o the 1987 Constitution" the President shall continue to exercise legislative po#ers until the First Congress is convenedE @-4" T&E'EF-'E" >" Cora=on C. .2uino" President o the Philippines" by virtue o the po#ers vested in !e by the Constitution" do hereby orderD Section 1 )itle This Executive -rder shall other#ise be 5no#n as the J'eorgani=ation .ct o the 6epart!ent o Environ!ent and @atural 'esources.J Section 2 "eorgani.ation )he +e,artment of nvironment0 nergy0 and (atural "esources is here'y reorgani.ed structurally and functionally and renamed as the +e,artment of nvironment and (atural "esources0 hereina ter re erred to as 6epart!ent" in accordance #ith the provisions o this Executive -rder. Section 3 +eclaration of #olicy >t is hereby declared the policy o the %tate to ensure the sustainable use" develop!ent" !anage!ent" rene#al" and conservation o the countryUs orest" !ineral" land" o $shore areas and other natural resources" including the protection and enhance!ent o the 2uality o the environ!ent" and e2uitable access o the di erent seg!ents o the population to

the develop!ent and use o the countryUs natural resources" not only or the present generation but or uture generations as #ell. >t is also the policy o the state to recogni=e and apply a true value syste! including social and environ!ental cost i!plications relative to their utili=ation" develop!ent and conservation o our natural resources. Section / 1andate The 6epart!ent shall be the pri!ary govern!ent agency responsible or the conservation" !anage!ent" develop!ent" and proper use o the countryUs environ!ent and natural resources" speci ically orest and gra=ing lands" !ineral resources" including those in reservation and #atershed areas" and lands o the public do!ain" as #ell as the licensing and regulation o all natural resources as !ay be provided or by la# in order to ensure e2uitable sharing o the bene its derived there ro! or the #el are o the present and uture generations o Filipinos. To acco!plish its !andate" the 6epart!ent shall be guided by the ollo#ing o'Iectives that will serve as 'asis for ,olicy formulationD .ssure the availability and sustainability o the countryUs natural resources through +udicious use and syste!atic restoration or replace!ent" #henever possibleE >ncrease the productivity o natural resources in order to !eet the de!ands or orest" !ineral" and land resources o a gro#ing populationE Enhance the contribution o natural resources or achieving national econo!ic and social develop!entE Pro!ote e2uitable access to natural resources by the di erent sectors o the populationE Conserve speci ic terrestrial and !arine areas representative o the Philippine natural and cultural heritage or present and uture generations. Section #owers and 7unctions )o accom,lish its mandate0 the +e,artment shall have the following ,owers and functions8 a. .dvise the President on the enact!ent o la#s relative to the develop!ent" use" regulation" and conservation o the countryUs natural resources and the control o pollutionE b. For!ulate" i!ple!ent" and supervise the govern!entUs policies" plans and progra!s pertaining to the !anage!ent" conservation" develop!ent" use and replenish!ent o the countryUs natural resourcesE

c. Pro!ulgate rules and regulations in accordance #ith la# governing the exploration" develop!ent" conservation" extraction" disposition" use and such other co!!ercial activities tending to cause the depletion and degradation o our natural resourcesE d. Exercise supervision and control over orest lands" alienable and disposable lands" and !ineral resources and in the process o exercising such control" the 6epart!ent shall i!pose appropriate pay!ents" ees" charges" rentals" and any such or! o levy and collect such revenues or the exploration" develop!ent" utili=ation or gathering o such resourcesE e. Anderta5e exploration" assess!ent" classi ication and inventory o the countryUs natural resources using ground surveys" re!ote sensing and co!ple!entary technologiesE . Pro!ote proper and !utual consultation #ith the private sector involving natural resources develop!ent" use and conservationE g. Anderta5e geological surveys o the #hole country including its territorial #atersE h. Establish policies and i!ple!ent progra!s or theD 1. .ccelerated inventory" surveys and classi ication o lands" orest" and !ineral resources using appropriate technology" to be able to co!e up #ith a !ore accurate assess!ent o resource 2uality and 2uantityE (. E2uitable distribution o natural resources through the +udicious ad!inistration" regulation" utili=ation" develop!ent and conservation o public lands" orest" and !ineral resources /including !ineral reservation areas0" that #ould bene it a greater nu!ber o FilipinosE F. Pro!otion" develop!ent and expansion o natural resource$based industriesE ;. Preservation o cultural and natural heritage through #ildli e conservation and segregation o national par5s and other protected areasE ). 7aintenance o a #holeso!e natural environ!ent by en orcing environ!ental protection la#sE and :. Encourage!ent o greater people participation and private initiative in natural resources !anage!ent. i. Pro!ulgate rules and regulations necessary toD 1. .ccelerate cadastral and e!ancipation patent surveys" land use planning" and public land titlingE

(. &arness orest resources in a sustainable !anner" to assist rural develop!ent" support orest$based industries" and provide ra# !aterials to !eet increasing de!ands" at the sa!e ti!e" 5eeping ade2uate reserves or environ!ental stabilityE and F. Expedite !ineral resources surveys" pro!ote the production o !etallic and non$ !etallic !inerals" and encourage !ineral !ar5eting. +. 'egulate the develop!ent" disposition" extraction" exploration and use o the countryUs orest" land and !ineral resourcesE 5. .ssu!e responsibility or the assess!ent" develop!ent" protection" conservation" licensing and regulation as provided or by la#" #here applicable" o all natural resourcesE the regulation and !onitoring o service contractors" licensees" lessees" and per!ittees or the extraction" exploration" develop!ent and utili=ation o natural resource productsE the i!ple!entation o progra!s and !easures #ith the end in vie# o pro!oting close collaboration bet#een the govern!ent and the private sectorE the e ective and e icient classi ication and sub$classi ication o lands o the public do!ainE and the en orce!ent o natural resources la#s" rules and regulationsE l. Pro!ulgate rules" regulations and guidelines on the issuance o co$production" +oint venture or production sharing agree!ents" licenses" per!its" concessions" leases" and such other privileges and arrange!ent concerning the develop!ent" exploration and utili=ation o the countryUs natural resources and shall continue to oversee" supervise and police our natural resourcesE to cancel or cause to cancel such privileges and arrange!ents upon ailure" non$co!pliance" or violations o any regulations" orders" and or all other causes #hich are in urtherance o the conservation o natural resources and supportive o the national interestsE !. Exercise exclusive +urisdiction on the !anage!ent and disposition o all lands o the public do!ain and shall continue to be the sole agency responsible or classi ication" sub$ classi ication" surveying and titling o lands in consultation #ith appropriate agenciesE n. >!ple!ent !easures or the regulation and supervision o the processing o orest products" grading and inspection o lu!ber and other orest products and !onitoring o the !ove!ent o ti!ber and other orest productsE o. Pro!ulgate rules and regulations or the control o #ater" air and land pollutionE p. Pro!ulgate a!bient and e luent standards or #ater and air 2uality including the allo#able levels o other pollutants and radiationsE 2. Pro!ulgate policies" rules and regulations or the conservation o the countryUs genetic resources and biological diversity" and endangered habitatsE r. For!ulate an integrated" !ulti$sectoral " and !ultidisciplinary @ational Conservation %trategy" #hich #ill be presented to the Cabinet or the PresidentUs approvalE and

s. Exercise other po#ers and unctions and per or! such other acts as !ay be necessary" proper or incidental to the attain!ent o its !andates and ob+ectives. Section 3 Structural Organi.ation The 6epart!ent shall consist o the 6epart!ent proper" the %ta o ices" the %ta bureaus" and the regional<provincial<co!!unity natural resources o ices. )he +e,artment #ro,er shall consist of the following8 a. - ice o the %ecretary b. - ices o Andersecretaries c. - ices o .ssistant %ecretaries d. Public . airs - ice e. %pecial Concerns - ice . Pollution .d+udication Board )he Staff Sectoral !ureaus on the other hand0 shall 'e com,osed of8 a. Forest 7anage!ent Bureau b. 8ands 7anage!ent Bureau c. 7ines and ?e$osciences Bureau d. Environ!ental 7anage!ent Bureau e. Ecosyste!s 'esearch and 6evelop!ent Bureau . Protected .reas and 4ildli e Bureau The ield o ices shall consist o all the depart!ent regional o ices" the provincial o ices" and the co!!unity o ices. Section & Secretary of nvironment and (atural "esources The authority and responsibility or the exercise o the !andate o the 6epart!ent" the acco!plish!ent o its ob+ectives" and the discharge o its po#ers and unctions shall be

vested in the %ecretary o Environ!ent and @atural 'esources" hereina ter re erred to as %ecretary" #ho shall supervise the 6epart!ent and shall be appointed by the President. 7or such ,ur,oses0 the Secretary shall have the following functions8 a. .dvise the President on the pro!ulgation o rules" regulations and other issuances relative to the conservation" !anage!ent" develop!ent and proper use o the countryUs natural resourcesE b. Establish policies and standards or the e icient and e ective operations o the 6epart!ent in accordance #ith the progra!s o the govern!entE c. Pro!ulgate rules" regulations and other issuances necessary in carrying out the 6epart!entUs !andate" ob+ectives" policies" plans" progra!s" and pro+ectsE d. Exercise supervision over all unctions and activities o the 6epart!entE e. 6elegate authority or the per or!ance o any ad!inistrative or substantive unction to subordinate o icials o the 6epart!entE and . Per or! other unctions as !ay be provided by la# or assigned appropriately by the President. Section % Office of the Secretary The - ice o the %ecretary shall consist o the %ecretary and his i!!ediate sta . Section $ Dndersecretary The %ecretary shall be assisted by ive /)0 Andersecretaries #ho shall be appointed by the President upon the reco!!endation o the %ecretary. The %ecretary is hereby authori=ed to delineate" assign and<or reassign the respective unctional areas o responsibility o the Andersecretary" provided" that such responsibility shall be #ith respect to the !andate and ob+ectives o the 6epart!entE and provided" urther" that no Andersecretary shall be assigned pri!arily ad!inistrative responsibilities. 4ithin his unctional area o responsibility" an Dndersecretary shall have the following functions8 a. .dvise the %ecretary in the pro!ulgation o 6epart!ent orders" ad!inistrative orders and other issuance #ith respect to his area o responsibilityE b. Exercise supervision over the o ices" services" operating units and o icers and e!ployees under his responsibilityE

c. Pro!ulgate rules and regulations" consistent #ith 6epart!ent policies" that #ill e iciently and e ectively govern the activities o units under his responsibilityE d. Coordinate the unctions and activities o the units under his responsibility #ith those o other units under the responsibility o other AndersecretariesE e. Exercise authority on substantive and ad!inistrative !atters related to the unctions and activities o units under his responsibility as !ay be delegated by the %ecretaryE and . Per or! other unctions as !ay be provided by la# or assigned by the %ecretary. Section 12 Assistant Secretary The %ecretary and the Andersecretaries shall be assisted by seven /70 .ssistant %ecretaries in the or!ulation" !anage!ent and i!ple!entation o natural resources la#s" policies" plans" and progra!s and pro+ects. They shall oversee the day$to$day operations" ad!inistration and supervision o the constituents o the 6epart!ent. The seven /70 .ssistant %ecretaries shall be responsible or the ollo#ingDchanroblesvirtualla#library a. Policy and Planning %tudies b. Foreign$.ssisted and %pecial Pro+ects c. Field -perations in 8u=on d. Field -perations in Iisayas e. Field -perations in 7indanao . 8egal . airs g. 7anage!ent %ervices Section 11 #u'lic Affairs Office There is hereby created a Public . airs - ice" under the - ice o the %ecretary" to be headed by a 6irector and assisted by an .ssistant 6irector" #hich shall serve as the public in or!ation ar! o the 6epart!ent. >t shall be responsible or disse!inating in or!ation on natural resources develop!ent" policies" plans" progra!s and pro+ectsE and respond to public 2ueries related to the develop!ent and conservation o natural resources. The Public . airs - ice o all bureaus are hereby abolished and their unctions are trans erred to the Public . airs - ice in accordance #ith %ection (;/b0 thereo .

Section 12 S,ecial Concerns Office There is hereby created a %pecial Concerns - ice under the - ice o the %ecretary" to be headed by a 6irector and assisted by an .ssistant 6irector" #hich shall be responsible or handling priority areas<sub+ects identi ied by the %ecretary #hich necessitates special and i!!ediate attention. Section 13 7orest 1anagement !ureau There is hereby created a Forest 7anage!ent Bureau #hich shall integrate and absorb the po#ers and unctions o the Bureau o Forest 6evelop!ent /BF60 and the 4ood >ndustry 6evelop!ent .uthority /4>6.0" in accordance #ith %ection (; /e0 hereo " except those line unctions and po#ers #hich are trans erred to the regional ield o ice. The Forest 7anage!ent Bureau" to be headed by a 6irector and assisted by an .ssistant 6irector shall advise the %ecretary on !atters pertaining to orest develop!ent and conservation" and shall have the ollo#ing unctions" but not li!ited toD a. 'eco!!end policies and<or progra!s or the e ective protection" develop!ent" occupancy" !anage!ent and conservation o orest lands and #atersheds" including gra=ing and !angrove areas" re orestation and rehabilitation o critically denuded<degraded orest reservations" i!prove!ent o #ater resource use and develop!ent" ancestral lands" #ilderness areas and other natural preserves" develop!ent o orest plantations including rattan" ba!boo" and other valuable non$ti!ber orest resources" rationali=ation o the #ood$based industries" regulation o the utili=ation and exploitation o orest resources including #ildli e" to ensure continued supply o orest goods and servicesE b. .dvise the regional o ices in the i!ple!entation o the above policies and<or progra!sE c. 6evelop plans" progra!s" operating standards and ad!inistrative !easures to pro!ote the BureauUs ob+ectives and unctionsE d. .ssist in the !onitoring and evaluation o pro+ects to ensure e iciency and e ectivenessE orestry and #atershed develop!ent

e. Anderta5e studies on the econo!ics o orestry and orest$based industries" including supply and de!and trends on the local" national and international levels" identi ying invest!ent proble!s and opportunities" in various areasE and . Per or! other unctions as !ay be assigned by the %ecretary and<or provided by la#.

Section 1/ Lands 1anagement !ureau There is hereby created the 8ands 7anage!ent Bureau #hich shall absorb unctions and po#ers o the Bureau o 8ands except those line unctions and po#ers #hich are trans erred to the regional ield o ice. The 8ands 7anage!ent Bureau to be headed by a 6irector and assisted by an .ssistant 6irector shall advise the %ecretary on !atters pertaining to rational land classi ication !anage!ent and disposition and shall have the ollo#ing unctions" but not li!ited toD a. 'eco!!end policies and progra!s or the e icient and e ective ad!inistration" surveys" !anage!ent and disposition o alienable and disposable lands o the public do!ain and other lands outside the responsibilities o other govern!ent agenciesE such as reclai!ed areas and other areas not needed or or are not being utili=ed or the purposes or #hich they have been establishedE b. .dvise the 'egional - ices on the e icient and e ective i!ple!entation o policies" progra!s and pro+ects or !ore e ective public lands !anage!entE c. .ssist in the !onitoring and evaluation o land surveys" !anage!ent and disposition o lands to ensure e iciency and e ectiveness thereo E d. >ssue standards" guidelines" regulations and orders to en orce policies or the !axi!i=ation o land use and develop!entE e. 6evelop operating standards and procedure to entrance the BureauUs ob+ectives and unctionsE . .ssist the %ecretary as Executive - icer charged #ith carrying out the provisions o the Public 8and .ct CC... 1;1" as a!endedO" #ho shall have direct executive control o the survey" classi ication" lease" sale" or any other or!s o concessions or disposition and !anage!ent o the lands o the public do!ainE and g. Per or! other unctions as !ay be assigned by the %ecretary and<or provided by la#. Section 11ines and Geo=Sciences !ureau There is hereby created the 7ines and ?eo$%ciences Bureau #hich shall absorb the unctions o the Bureau o 7ines and ?eo$%ciences /B7?%0" 7ineral 'eservations 6evelop!ent Board /7'6B0" and the ?old 7ining >ndustry 6evelop!ent Board /?7>6B0" all o #hich are hereby !erged in accordance #ith %ection (; hereo " except those line unctions and po#ers #hich are trans erred to the regional ield o ice. The 7ines and ?eo$%ciences Bureau" to be headed by a 6irector and assisted by an .ssistant 6irector" shall advise the %ecretary on !atters pertaining to geology and !ineral resources exploration" develop!ent and conservation and shall have the ollo#ing unctions" but not li!ited toD

a. 'eco!!end policies" regulations and progra!s pertaining to !ineral resources develop!ent and geologyE b. 'eco!!end policies" regulations and oversee the develop!ent and exploitation o !ineral resources o the sea #ithin the countryUs +urisdiction such as silica sand" gold placer" !agnetite and chro!ite sand" etc.E c. .dvise the %ecretary on the granting o !ining rights and contracts over areas containing !etallic and non$!etallic resourcesE d. .dvise the 'egional - ices on the e ective i!ple!entation o !ineral develop!ent and conservation progra!s as #ell as geological surveysE e. .ssist in the !onitoring and evaluation o the BureauUs progra!s and pro+ects to ensure e iciency and e ectiveness thereo E . 6evelop and pro!ulgate standards and operating procedures on !ineral resources develop!ent and geologyE g. %upervise and control the develop!ent and pac5aging o nationally applicable technologies in geological survey" !ineral resource assess!ent" !ining and !etallurgyE the provision o geological" !etallurgical" che!ical and roc5 !echanics laboratory servicesE the conduct o !arine geological and geophysical survey and natural exploration drilling progra!sE and h. Per or! other unctions as !ay be assigned by the %ecretary and<or provided by la#. Section 13 nvironmental 1anagement !ureau There is hereby created an Environ!ental 7anage!ent Bureau. The @ational Environ!ental Protection Council /@EPC0" the @ational Pollution Control Co!!ission /@PCC0" and the Environ!ental Center o the Philippines /ECP0" are hereby abolished and their po#ers and unctions are hereby integrated into the Environ!ental 7anage!ent Bureau in accordance #ith %ection (;/c0 hereo " sub+ect to %ection 19 hereo . The Environ!ental 7anage!ent Bureau shall be headed by a 6irector and assisted by an .ssistant 6irector #ho shall advise the %ecretary on !atters relating to environ!ental !anage!ent" conservation" and pollution control. The Environ!ental 7anage!ent Bureau shall have the ollo#ing unctionsD a. 'eco!!end possible legislations" policies and progra!s !anage!ent and pollution controlE or environ!ental

b. .dvise the 'egional - ices in the e icient and e ective i!ple!entation o policies" progra!s" and pro+ects or the e ective and e icient environ!ental !anage!ent and pollution controlE

c. For!ulate environ!ental 2uality standards such as the 2uality standards or #ater" air" land" noise" and radiationsE d. 'eco!!end rules and regulations or environ!ental i!pact assess!ents and provide technical assistance or their i!ple!entation and !onitoringE e. For!ulate rules and regulations or the proper disposition o solid #astes" toxic" and ha=ardous substancesE . .dvise the %ecretary on the legal aspects o environ!ental !anage!ent and pollution control and assist in the conduct o public hearings in pollution casesE g. Provide secretariat assistance to the Pollution .d+udication Board" created under %ection 19 hereo E h. Coordinate the inter$agency co!!ittees that !ay be created or the preparation o the %tate o the Philippine Environ!ent 'eport and the @ational Conservation %trategyE i. Provide assistance to the 'egional - ices in the or!ulation and disse!ination o in or!ation on environ!ental and pollution !atters to the general publicE +. .ssist the %ecretary and the 'egional - icers by providing technical assistance in the i!ple!entation o environ!ental and pollution la#sE and 5. Provide scienti ic assistance to the 'egional - ices in the conduct o environ!ental research progra!s. Section 1& cosystems "esearch and +evelo,ment !ureau The Forest 'esearch >nstitute and the @ational 7angrove Co!!ittee are hereby abolished and integrated into the Ecosyste!s 'esearch and 6evelop!ent Bureau in accordance #ith %ection (;/e0 hereo . The Ecosyste!s 'esearch and 6evelop!ent Bureau shall be headed by a 6irector and assisted by an .ssistant 6irector. The Bureau shall have the ollo#ing unctionsD a. For!ulate and reco!!end an integrated research progra! relating to Philippine ecosyste!s and natural resources such as !inerals" lands" orests" as holistic and interdisciplinary ields o in2uiryE b. .ssist the %ecretary in deter!ining a syste! o priorities or the allocation o resources to various technological research progra!s o the depart!entE c. Provide technical assistance in the i!ple!entation and !onitoring o a ore!entioned research progra!sE the

d. ?enerate technologies and provide scienti ic assistance in the research and develop!ent o technologies relevant to the sustainable uses o Philippine ecosyste!s and natural resourcesE and e. .ssist the %ecretary in the evaluation o the e ectiveness o the i!ple!entation o the integrated research progra!. The Ecosyste!s 'esearch and 6evelop!ent Bureau shall directly !anage and ad!inister the F-'> 'esearch - ices" laboratories" and orest experi!ent stations located at AP 8os Banos" and such other ield laboratories as the %ecretary !ay assign to its direct supervision. The Bureau shall coordinate all technological researches underta5en by the ield o ices" assess and translate all reco!!endable indings and disse!inate such indings or all possible users and clientele. Section 1% #rotected Areas and Fildlife !ureau There is hereby created a Protected .reas and 4ildli e Bureau #hich shall absorb the 6ivision o Par5s and 4ildli e and the 7arine Par5s Progra! o the Bureau o Forest 6evelop!ent" as #ell asD Calauit ?a!e Preserve and 4ildli e %anctuary" Presidential Co!!ittee on the Conservation o Ta!ara#" @inoy .2uino Par5s and 4ildli e Center / or!erly Par5s and 4ildli e @ature Center0" shares in Gabuhayan Progra! and .gro Forestry %tate Pro+ects o the GGG Processing .uthority" all national par5s" #ildli e sanctuaries and ga!e preserves previously !anaged and ad!inistered by the 7inistry o &u!an %ettle!ents including @ational Par5s 'eservation situated in the provinces o Bulacan" 'i=al" 8aguna and Que=on" or!erly declared as Bagong 8ipunan %ites o said 7inistry" 7agat Forest 'eservation and 7r. .rayat @ational Par5" or!erly #ith the 7inistry o Touris!" in accordance #ith %ection (;/c0 hereo . The Protected .reas and 4ildli e Bureau shall be headed by a 6irector and assisted by an .ssistant 6irector. The Bureau shall have the ollo#ing unctionsD a. For!ulate and reco!!end policies" guidelines" rules and regulations or the establish!ent and !anage!ent o an >ntegrated Protected .reas %yste!s such as national par5s" #ildli e sanctuaries and re uge" !arine par5s" and biospheric reservesE b. For!ulate an up$to$date listing o endangered Philippine lora and auna and reco!!end a progra! o conservation and propagation o the sa!eE c. For!ulate and reco!!end policies" guidelines" rules and regulations or the preservation o biological diversity" genetic resources" the endangered Philippine lora and aunaE d. .ssist the %ecretary in the !onitoring and assess!ent o the !anage!ent o the >ntegrated Protected .reas %yste! and provide technical assistance to the regional o ices in the i!ple!entation o progra!s or these areasE

e. Per or! other unctions as !ay be assigned by the %ecretary and<or provided by la#. Section 1$ #ollution AdIudication !oard There is hereby created a Pollution .d+udication Board under the - ice o the %ecretary. The Board shall be co!posed o the %ecretary as Chair!an" t#o /(0 Andersecretaries as !ay be designated by the %ecretary" the 6irector o Environ!ental 7anage!ent Bureau" and three /F0 others to be designated by the %ecretary as !e!bers. The Board shall assu!e the po#ers and unctions o the Co!!ission<Co!!issioners o the @ational Pollution Control Co!!ission #ith respect to the ad+udication o pollution cases under 'epublic .ct F9F1 and Presidential 6ecree 98;" particularly #ith respect to %ection :" letters e" " g" +" 5" and p" o P.6. 98;. The Environ!ental 7anage!ent Bureau shall serve as the %ecretariat o the Board. These po#ers and unctions !ay be delegated to the regional o icers o the 6epart!ent in accordance #ith rules and regulations to be pro!ulgated by the Board. Section 22 7ield Offices of the +e,artment The ield o ices o the 6epart!ent are the Environ!ent and @atural 'esources 'egional - ices in the thirteen /1F0 ad!inistrative regions o the country" the Environ!ent and @atural 'esources Provincial - ice in every province and the Co!!unity - ice in !unicipalities #herever dee!ed necessary. The regional o ices o the Bureau o Forest 6evelop!ent" Bureau o 7ines and ?eo$%ciences" and Bureau o 8ands in each o the thirteen /1F0 ad!inistrative regions and the research centers o the Forest 'esearch >nstitute are hereby integrated into the 6epart!ent$#ide 'egional Environ!ent and @atural 'esources - ice o the 6epart!ent" in accordance #ith %ection (;/e0 hereo . . 'egional - ice shall be headed by a 'egional Executive 6irector /#ith the ran5 o 'egional 6irector0 and shall be assisted by ive /)0 'egional Technical 6irectors /#ith the ran5 o .ssistant 'egional 6irector0 each or Forestry" 8ands 7anage!ent" 7ines and ?eo$%ciences" Environ!ental 7anage!ent" and Ecosyste!s 'esearch. The 'egional Executive 6irectors and 'egional Technical 6irectors shall be Career Executive %ervice - icers. Section 21 7unctions of nvironment and (atural "esources "egional Office Environ!ent and @atural 'esources 'egional - ices shall be located in the identi ied regional capitals and shall have the ollo#ing unctions" but not li!ited toDchanroblesvirtualla#library a. >!ple!ent la#s" policies" plans" progra!s" pro+ects" rules and regulations o the 6epart!ent to pro!ote the sustainability and productivity o natural resources" social e2uity in natural resource utili=ation and environ!ental protectionE

b. Provide e icient and e ective delivery o services to the peopleE c. Coordinate #ith regional o ices o other depart!ents" o ices" agencies in the region and local govern!ent units in the en orce!ent o natural resource conservation la#s and regulations" and in the or!ulation<i!ple!entation o natural resources progra!s and pro+ectsE d. 'eco!!end and" upon approval" i!ple!ent progra!s and pro+ects on orestry" !inerals" and land !anage!ent and dispositionE e. Conduct co!prehensive inventory o natural resources in the region and or!ulate regional short and long$ter! develop!ent plans or the conservation" utili=ation" and replace!ent o natural resourcesE . Evolve respective regional budget in con or!ity #ith the priorities established by the 'egional 6evelop!ent CouncilsE g. %upervise the processing o natural resources products" grade and inspect !inerals" lu!ber and other #ood processed products" and !onitor the !ove!ent o these productsE h. Conduct ield researches or appropriate technologies reco!!ended or various pro+ectsE and i. Per or! other unctions as !ay be assigned by the %ecretary and<or provided by la#. The natural resources provincial and co!!unity o ices shall absorb" respectively" the unctions o the district o ices o the bureaus" #hich are hereby abolished in accordance #ith %ection (;/b0 hereo . The provincial and co!!unity natural resource o ice shall be headed by a provincial natural resource o icer and co!!unity natural resource o icer" respectively. Section 22 Attached Agencies and Cor,orations The ollo#ing agencies and corporations are attached to the 6epart!entD a. (ational 1a,,ing and "esource *nformation Authority There is hereby created the @ational 7apping and 'esource >n or!ation .uthority /@.7'>.0 #hich shall integrate the unctions and po#ers o the @atural 'esources 7anage!ent Center /@'7C0" @ational Cartography .uthority /@C.0" the Bureau o Coast and ?eodetic %urvey /BC?%0" and the 8and Classi ication Tea!s based at the then Bureau o Forest 6evelop!ent" in accordance #ith %ection (;/e0 hereo " #hich shall provide the 6epart!ent and the govern!ent #ith !ap$!a5ing services. The .uthority shall act as the central !apping agency #hich #ill serve the needs o the line services o the 6epart!ent and other govern!ent o ices #ith regard to in or!ation and researches"

and shall expand its capability in the production and !aintenance o !aps" charts and si!ilar photogra!!etry and cartography !aterials. The .uthority shall be responsible or conducting research on re!ote sensing technologies such as satellite i!agery analysis" airborne !ulti$spectral scanning syste!s" and side$loo5ing airborne radarE provide re!ote sensing services and vital data on the environ!ent" #ater resources" agriculture and other in or!ation needed by other govern!ent agencies and the private sectorE integrate all techni2ues o producing !aps ro! the ground surveys to various co!binations o re!ote sensing techni2ues in a cost$ e ective and acceptable !annerE and the integration o geographic and related in or!ation to acilitate access to and analysis o data and its trans or!ation into use ul in or!ation or resource policy or!ulation" planning and !anage!ent. >t shall be the central depository and distribution acility or natural resources data in the or! o !aps" statistics" text" charts" etc. store on paper" il! or co!puter co!patible !edia and shall operate in or!ation services and net#or5s to acilitate trans er" sharing" access and disse!ination o natural resource in or!ation in all regions and provinces o the countryE establish!ent o a nation#ide geodetic net#or5 o control points that serves as a co!!on re erence syste! or all surveys in the country" and conduct hydrographic and coastal surveys to produce the hydrographic and nautical charts vital to sea and #ater travel as #ell as the exploitation o our !arine resourcesE or!ulate and i!ple!ent nation#ide develop!ent progra! on aerial photography" cartography and re!ote sensing !apping activitiesE establish and i!ple!ent technical standards and 2uality speci ication on !ap production and its reproductionE and provide photogra!!etry" cartographic and re!ote sensing !apping services in order to accelerate the develop!ent o a co!prehensive data ban5 and in or!ation syste!s on base !aps and charts. The @.7'>. shall be provided #ith policy directions by a ive /)0 !e!ber Board o ?overnors consisting o 5ey o icers #ith no less than the ran5 o undersecretaries as ollo#sDchanroblesvirtualla#library 6epart!ent o Environ!ent and @atural 'esources $ Chair!an 6epart!ent o .griculture and Food $ 7e!ber 6epart!ent o Public 4or5s and &igh#ays $ 7e!ber 6epart!ent o @ational 6e ense$ 7e!ber 6epart!ent o Transportation and Co!!unications $ 7e!ber

The operations and !anage!ent o @.7'>. shall be vested in an .d!inistrator #ho shall be assisted by three /F0 6eputy .d!inistrators. The .d!inistrator shall sit in the Board as its %ecretary. '. (atural "esources +evelo,ment Cor,oration The existing @atural 'esources 6evelop!ent Corporation /@'6C0" shall be reorgani=ed under the direct supervision o the %ecretary. >t shall be responsible pri!arily or pro!oting natural resource develop!ent and conservation throughD 1. 6irect involve!ent in pioneering but potentially viable production" use" and !ar5eting ventures or pro+ects using ne#<innovative technologies" syste!s" and strategies such as but not li!ited to stu!page sales syste!" industrial orest plantations or logging operations" rattan tissue cultureE provided" ho#ever" that activities #hich co!pete #ith the private sector shall be avoided except in speci ic cases #here the revenues o @'6C are ear!ar5ed or a speci ic local develop!ental or social service. (. Financing natural resource develop!ent pro+ects underta5en by the private sector such as establishing industrial tree plantations" agro$ orestry" s!all$scale !ining and retooling o the natural resource$based processing industries to i!prove their e iciency and co!petitivenessE to discharge these unctions e ectively" it is hereby authori=ed to generate unds through debt instru!ents ro! various sources" and innovative inco!e$ generating strategies. The @'6C shall pro!ote the enhance!ent o orest rene#al rate through intensi ied >ndustrial Tree Plantation pro!otion including the provision o incidental services such as extension o assistance on e2uity<capital" credit line< acilities" !ar5eting and !anage!ent. c. )he (ational lectrification Administration The @ational Electri ication .d!inistration /@E.0 #hich is also attached to the 6epart!ent shall be reorgani=ed in order that it can e ectively and e iciently act and operate as the principal i!ple!enting ar! o the 6epart!ent in !atters o energy ar!ing and aspects and co!ponents o energy policies" progra!s" and plan #hich can not be carried out by the private sector. The plans and progra!s o @E. shall be carried out in con or!ity #ith policies de ined by appropriate energy authorities. Section 23 +etachment and )ransfers The ollo#ing o ices and corporation attached to the 6epart!ent o Environ!ent" Energy and @atural 'esources by E. -. 1F1" are hereby detached and<or trans erred as ollo#sD

a. 7anila %eedling Ban5 Foundation" >nc. is ad!inistratively detached ro! the 6epart!entE b. Bureau o Energy Atili=ationE and c. Bureau o Energy 6evelop!ent are trans erred to the appropriate energy governing body pursuant to the Executive -rder pertaining to it. Section 2/ )ransitory #rovisions >n acco!plishing the acts o reorgani=ation herein prescribed" the ollo#ing transitory provisions shall be co!plied #ith" unless other#ise provided else#here in this Executive -rderD a. The trans er o a govern!ent unit shall include the unctions" appropriations" unds" records" e2uip!ent" acilities" chosen in action" rights" other assets" and liabilities" i any" o the trans erred unit as #ell as the personnel thereo " as !ay be necessary" #ho shall" in a hold$over capacity" continue to per or! their respective duties and responsibilities" and receive the corresponding salaries and bene its. Those personnel ro! the trans erred unit #hose positions are not included in the 6epart!entUs ne# positions structure and sta ing pattern approved and prescribed by the %ecretary or #ho are not reappointed shall be dee!ed separated ro! the service and shall be entitled to the bene its provided in the second paragraph o %ection () hereo . b. The trans er o unctions #hich results in the abolition o the govern!ent unit that exercised the! shall include the appropriations" unds" records" e2uip!ent" acilities" chosen in action" rights" other assets and personnel as !ay be necessary to the proper discharge o the trans erred unctions. The abolished unitUs re!aining appropriations and unds" i any" shall revert to the ?eneral Fund and its re!aining assets" i any" shall be allocated to such appropriate units as the %ecretary shall deter!ine or shall other#ise be disposed in accordance #ith the ?overn!ent .uditing Code and other pertinent la#s" rules and regulations. >ts liabilities" ia any" shall li5e#ise be treated in accordance #ith the ?overn!ent .uditing Code and other pertinent la#s" rules" and regulations. >ts personnel shall" in a hold$over capacity" continue to per or! their duties and responsibilities and receive the corresponding salaries and bene its. >ts personnel #hose positions are not included in the 6epart!entUs structure and sta ing pattern approved and prescribed by the %ecretary under %ection () hereo or #ho is not reappointed" shall be dee!ed separated ro! the service and shall be entitled to the bene its provided in the second paragraph o the sa!e %ection (). c. .ny trans er o unctions #hich does not result in the abolition o the govern!ent unit that has exercised the! shall include the appropriations" unds" records" e2uip!ent" acilities" chosen in action" rights and assets and personnel as !ay be necessary to the proper discharge o the trans erred unctions. The liabilities" i any" that !ay have been incurred in connection #ith the discharge o the trans erred unctions" shall be treated in

accordance #ith the ?overn!ent .uditing Code" and other pertinent la#s" rules and regulations. %uch personnel shall" in a hold$over capacity" continue to per or! their duties and responsibilities and receive the corresponding salaries and bene its unless in the !eanti!e they are separated ro! the service. .ny personnel #hose positions are not included in the 6epart!entUs ne# position structure and sta ing pattern approved and prescribed by the %ecretary under %ection () hereo or #ho is not reappointed" shall be dee!ed separated ro! the service and shall be entitled to the bene its provided in the second paragraph o the sa!e %ection (). d. >n case o the abolition o the govern!ent unit #hich does not result in the trans er o its unctions to another unit" the appropriations and unds o the abolished entity shall revert to the ?eneral Fund" #hile the records" e2uip!ent" acilities" chosen in action" rights" and other assets thereo shall be allocated to such appropriate entities as the %ecretary shall deter!ine or shall other#ise be disposed in accordance #ith the ?overn!ent .uditing Code and other pertinent la#s" rules and regulations. The liabilities o the abolished units shall be treated in accordance #ith the ?overn!ent .uditing Code and other pertinent la#s" rules and regulations" #hile the personnel thereo " #hose position is not included in the 6epart!entUs ne# position structure and sta ing pattern approved and prescribed by the %ecretary under %ection () hereo or #ho has not been reappointed" shall be dee!ed separated ro! the service and shall be entitled to the bene its provided in the second paragraph o the sa!e %ection (). e. >n case o !erger or consolidation o govern!ent units" the ne# or surviving unit shall exercise the unctions /sub+ect to the reorgani=ation herein prescribed and the la#s" rules and regulations pertinent to the exercise o such unctions0 and shall ac2uire the appropriations" unds" records" e2uip!ent" acilities" chosen in action" rights" other assets" liabilities" i any" and personnel" as !ay be necessary" o the units that co!pose the !erged unit shall" in a hold$over capacity" continue to per or! their respective duties and responsibilities and receive the corresponding salaries and bene its unless in the !eanti!e they are separated ro! the service. .ny such personnel" #hose positions are not included in the 6epart!entUs ne# position structure and sta ing pattern approved and prescribed by the %ecretary under %ection () hereo or #ho are not reappointed" shall be dee!ed separated ro! the service and shall be entitled to the bene its provided in the second paragraph o the sa!e %ection (). . >n case o ter!ination o a unction #hich does not result in the abolition o the govern!ent unit #hich per or!ed such unction" the appropriations and unds intended to inance the discharge o such unction shall revert to the ?eneral Fund #hile the records" e2uip!ent" acilities" chosen in action" rights and other assets used in connection #ith the discharged o such unction shall be allocated to the appropriate units as the 6epart!ent shall deter!ine or shall other#ise be disposed in accordance #ith the ?overn!ent .uditing Code and other pertinent la#s" rules" and regulations. The liabilities" i any" that !ay have been incurred in connection #ith the discharge o such unction shall li5e#ise be treated in accordance #ith the ?overn!ent .uditing Code and other pertinent la#s" rules and regulations. The personnel #ho have per or!ed such unction" #hose positions are not included in the 6epart!entUs ne# position structure and sta ing pattern approved

and prescribed by the %ecretary under %ection () hereo " or #ho have not been reappointed" shall be dee!ed separated ro! the service and shall be entitled to the bene its provided in the second paragraph o the sa!e %ection () hereo . Section 2(ew Structure and #attern Apon approval o this Executive -rder" the o icers and e!ployees o the 6epart!ent shall" in a holdover capacity" continue to per or! their respective duties and responsibilities and receive the corresponding salaries and bene its unless in the !eanti!e they are separated ro! govern!ent service. The ne# position structure and sta ing pattern o the 6epart!ent shall be approved and prescribed by the %ecretary #ithin sixty /:*0 days ro! the e ectivity o this Executive -rder and the authori=ed positions created thereunder shall be illed #ith regular appoint!ents by hi! or by the President as the case !ay be. Those incu!bents #hose positions are not included therein or #ho are not reappointed shall be dee!ed separated ro! the service. Those separated ro! the service shall receive the retire!ent bene its to #hich they !ay be entitled under existing la#s" rules and regulations. -ther#ise" they shall be paid the e2uivalent o one /10 !onth basic salary or every year o service in the govern!ent" or a raction thereo " co!puted on the basis o the highest salary received" but in no case shall such pay!ent exceed the e2uivalent o t#elve /1(0 !onths salary. Section 23 #eriodic #erformance valuation The 6epart!ent o Environ!ent and @atural 'esources is hereby re2uired to or!ulate and en orce a syste! o !easuring and evaluating periodically and ob+ectively the per or!ance o the 6epart!ent and sub!it the sa!e annually to the President. Section 2& (otice of Consent "eHuirement > any reorgani=ational change herein authori=ed is o such substance or !ateriality as to pre+udice third persons #ith rights recogni=ed by la# or contract such that notice to or consent o creditors is re2uired to be !ade or obtained pursuant to any agree!ent entered into #ith any o such creditors" such notice or consent re2uire!ent shall be co!plied #ith prior to the i!ple!entation o such reorgani=ational change. Section 2% #rohi'ition Against Structural Changes @o change in reorgani=ation herein prescribed shall be valid except upon prior approval o the President or the purpose o pro!oting e iciency and e ectiveness in the delivery o public services.

Section 2$ 7unding Funds needed to carry out the provisions o this Executive -rder shall be ta5en ro! unds available in the 6epart!ent. Section 32 *m,lementing Authority of the Secretary The %ecretary shall issue such orders" rules" and regulations and other issuances as !ay necessary to ensure the e ective i!ple!entation o the provisions o this Executive -rder. Section 31 Se,ara'ility .ny portion or provision o this Executive -rder that !ay be declared unconstitutional shall not have the e ect o nulli ying other portions or provisions hereo as long as such re!aining portions or provisions can still subsist and be given e ect in their entirety. Section 32 "e,ealing Clause .ll la#s" ordinances" rules" regulations and other issuances or parts thereo " #hich are inconsistent #ith this Executive -rder" are hereby repealed or !odi ied accordingly. Section 33 ffectivity This Executive -rder shall ta5e e ect i!!ediately. . +is,osition of (atural "esources 1. La !ugal=!K Laan )ri'al Association0 *nc. vs "amos0 G" (o. 12&%%20 +ecem'er 10 222/. On >ero? digested case 7. Constitutional #rovision on +is,osition of Lands of the #u'lic +omain 1. Chave. vs #u'lic states Authority0 G". (o. 1332-20 ;uly $0 2222 1The 19F)" 197F and 1987 Constitutions adopted the 'egalian doctrine substituting" ho#ever" the %tate" in lieu o the Ging" as the o#ner o all lands and #aters o the public do!ain.

)he "egalian doctrine is the foundation of the time=honored ,rinci,le of land ownershi, that 5all lands that were not acHuired from the Government0 either 'y ,urchase or 'y grant0 'elong to the ,u'lic domain.6 .rticle FF9 o the Civil Code o 1889" #hich is no# .rticle ;(* o the Civil Code o 19)*" incorporated the 'egalian doctrineV.3 1The ban in the 197F Constitution on private corporations ro! ac2uiring alienable lands o the public do!ain did not apply to PE. since it #as then" and until today" a ully o#ned govern!ent corporation. The constitutional ban applied then" as it still applies no#" only to 1private corporations and associations.3 P6 @o. 1*8; expressly e!po#ers PE. 1to hold lands o the public do!ain3 even 1in excess o the area per!itted to private corporations by statute.3 Thus" PE. can hold title to private lands" as #ell as title to lands o the public do!ain. 1>n order or PE. to sell its reclai!ed oreshore and sub!erged alienable lands o the public do!ain" there !ust be legislative authority e!po#ering PE. to sell these lands. 14ithout such legislative authority" PE. could not sell but only lease its reclai!ed oreshore and sub!erged alienable lands o the public do!ain. @evertheless" any legislative authority granted to PE. to sell its reclai!ed alienable lands o the public do!ain #ould be sub+ect to the constitutional ban on private corporations ro! ac2uiring alienable lands o the public do!ain. &ence" such legislative authority could only bene it private individuals. 1The 1987 Constitution" li5e the 19F) and 197F Constitutions be ore it" has adopted the 'egalian doctrine. The 1987 Constitution declares that all natural resources are 1o#ned by the %tate"3 and except or alienable agricultural lands o the public do!ain" natural resources cannot be alienated. 1The 1987 Constitution continues the %tate policy in the 197F Constitution banning private corporations ro! ac2uiring any 5ind o alienable land o the public do!ain. 8i5e the 197F Constitution" the 1987 Constitution allo#s private corporations to hold alienable lands o the public do!ain only through lease. .s in the 19F) and 197F Constitutions" the general la# governing the lease to private corporations o reclai!ed" oreshore and !arshy alienable lands o the public do!ain is still C. @o. 1;1V.3 1.bsent t#o o icial acts T a classi ication that these lands are alienable or disposable and open to disposition and a declaration that these lands are not needed or public service" lands reclai!ed by PE. re!ain inalienable lands o public do!ain. -nly such an o icial classi ication and or!al declaration can convert reclai!ed lands into alienable or disposable lands o the public do!ain" open to disposition under the Constitution" Title > and Title >>> 8F o C. @o. 1;1 and other applicable la#sV.3 1PE.,s charter V expressly tas5s PE. 1to develop" i!prove" ac2uire" ad!inister" deal in" subdivide" dispose" lease and sell any and all 5ind o landsV o#ned" !anaged" controlled and<or operated by the govern!ent.3 There is" there ore" legislative authority granted to PE. to sell its lands" #hether patri!onial or alienable lands o the public do!ain. PE. !ay sell to private parties its patri!onial properties in accordance #ith the PE. charter ree ro! constitutional li!itations. The constitutional ban on private corporations ro! ac2uiring alienable lands o the public do!ain does not apply to the sale o PE.,s patri!onial lands.

1PE. !ay also sell its alienable or disposable lands o the public do!ain to private individuals since #ith the legislative authority" there is no longer any statutory prohibition against such sales and the constitutional ban does not apply to individuals. PE." ho#ever" cannot sell any o its alienable or disposable lands o the public do!ain to private corporations since %ection F" .rticle M>> o the 1987 Constitution expressly prohibits such sales. The legislative authority bene its only individuals. Private corporations re!ain barred ro! ac2uiring any 5ind o alienable land o the public do!ain" including govern!ent reclai!ed landsV.3 1The grant o legislative authority to sell public lands in accordance #ith %ection :* o C. @o 1;1 does not auto!atically convert alienable lands o the public do!ain into private or patri!onial lands. The alienable lands o the public do!ain !ust be trans erred to 2uali ied private parties" or to govern!ent entities not tas5ed to dispose o public lands" be ore these lands can beco!e private or patri!onial lands. -ther#ise" the constitutional ban #ill beco!e illusory i Congress can declare lands o the public do!ain as private or patri!onial lands in the hands o a govern!ent agency tas5ed to dispose o public lands. This #ill allo# private corporations to ac2uire directly ro! govern!ent agencies li!itless areas o lands #hich" prior to such la#" are concededly public landsV.3 1To allo# vast areas o reclai!ed lands o the public do!ain to be trans erred to PE. as private lands #ill sanction a gross violation o the constitutional ban on private corporations ro! ac2uiring any 5ind o alienable land o the public do!ain. PE. #ill si!ply turn around" as PE. has no# done under the .!ended BI." and trans er several hundreds o hectares o these reclai!ed and still to be reclai!ed lands to a single private corporation in only one transaction. This sche!e #ill e ectively nulli y the constitutional ban in %ection F" .rticle M>> o the 1987 Constitution #hich #as intended to di use e2uitably the o#nership o alienable lands o the public do!ain a!ong Filipinos" no# nu!bering over 8* !illion strong. 1This sche!e" i allo#ed" can even be applied to alienable agricultural lands o the public do!ain since PE. can 1ac2uireV any and all 5inds o lands.3 This #ill open the loodgates to corporations and even individuals ac2uiring hundreds o hectares o alienable lands o the public do!ain under the guise that in the hands o PE. these lands are private lands. This #ill result in corporations a!assing huge landholdings never be ore seen in this country T creating the very evil that the constitutional ban #as designed to prevent. This #ill co!pletely reverse the clear direction o constitutional develop!ent in this country. The 19F) Constitution allo#ed private corporations to ac2uire not !ore than 1"*(; hectares o public lands. The 197F Constitution prohibited private corporations ro! ac2uiring any 5ind o public land" and the 1987 Constitution has une2uivocally reiterated this prohibitionV.3 1The 'egalian doctrine is deeply i!planted in our legal syste!. Foreshore and sub!erged areas or! part o the public do!ain and are inalienable. 8ands reclai!ed ro! oreshore and sub!erged areas also or! part o the public do!ain and are also inalienable" unless converted pursuant to la# into alienable or disposable lands o the public do!ain.

&istorically" lands reclai!ed by the govern!ent are sui generis" not available or sale to private parties unli5e other alienable public lands. 'eclai!ed lands retain their inherent potential as areas or public use or public service. .lienable lands o the public do!ain" increasingly beco!ing scarce natural resources" are to be distributed e2uitably a!ong our ever$gro#ing population. To ensure such e2uitable distribution" the 197F and 1987 Constitutions have barred private corporations ro! ac2uiring any 5ind o alienable land o the public do!ain. Those #ho atte!pt to dispose o inalienable natural resources o the state" or see5 to circu!vent the conditional ban on alienation o lands o the public do!ain to private corporations" do so at their o#n ris5s.3 G. +is,osition of #u'lic Lands under the #u'lic Land Act 1. Collado vs CA0 G" (o. 12&&3/0 Octo'er /0 2222 1Ander the 'egalian 6octrine" all lands not other#ise appearing to be clearly #ithin private o#nership are presu!ed to belong to the %tate.3 1.n applicant or con ir!ation o i!per ect title bears the burden o proving that he !eets the re2uire!ents o %ection ;8 o C. 1;1" as a!ended. &e !ust overco!e the presu!ption that the land he is applying or is part o the public do!ain and that he has an interest therein su icient to #arrant registration in his na!e arising ro! an i!per ect title. .n i!per ect title !ay have been derived ro! old %panish grants such as a titulo real or royal grant" a concession especial or special grant" a co!position con el estado or ad+ust!ent title" or a titulo de co!pra or title through purchase. 1-r" that he has had continuous" open and notorious possession and occupation o agricultural lands o the public do!ain under a bona ide clai! o o#nership or at least thirty years preceding the iling o his application as provided in %ection ;8/b0 o C. 1;1.3 The Public 8and .ct re2uires that the applicant !ust prove the ollo#ingD /a0 that the land is alienable public land" and /b0 that his open" continuous" exclusive and notorious possession and occupation o the sa!e !ust either be since ti!e i!!e!orial" or or the period prescribed in the la#. 4hen the conditions set by la# are co!plied #ith" the possessor o the land" by operation o la#" ac2uires a right to a govern!ent grant" #ithout need o a certi icate o title being issued. 1%ection ;8/b0 o C. 1;1" as a!ended" applies exclusively to alienable and disposable public agricultural land. Forest lands" including #atershed reservations" are excluded. >t is axio!atic that the possession o orest lands or other inalienable public lands cannot ripen into private o#nership. >n 7unicipality o %antiago" >sabela v. Court o .ppeals /1(* %C'. 7F; C198FO0" the Court declared that inalienable public lands T Lcannot be ac2uired by ac2uisitive prescription. Prescription" both ac2uisitive and extinctive" does not run against the %tate.,3 1>n ine" one clai!ing Lprivate rights, !ust prove that has co!plied #ith C... @o. 1;1" as a!ended" other#ise 5no#n as the Public 8and .ct" #hich prescribes the substantive as #ell as the procedural re2uire!ents or ac2uisition o public lands. This la# re2uires at least thirty /F*0 years o open" continuous" exclusive and notorious possession o agricultural lands o the public do!ain" under a bona ide clai! o ac2uisition" i!!ediately preceding the iling o the application or ree patent. The rationale or the F*$year period lies in the presu!ption that the land applied

or pertains to the %tate" and that occupants and<or possessors clai! an interest therein only by virtue o their i!per ect title or continuous" open and notorious possession.3 1. positive act /e.g." an o icial procla!ation0 o the Executive 6epart!ent is needed to declassi y land #hich had been earlier classi ied as a #atershed reservation and to convert it into alienable or disposable land or agricultural or other purposes. Anless and until the land classi ied as such is released in an o icial procla!ation so that it !ay or! part o the disposable agricultural lands o the public do!ain" the rules on con ir!ation o i!per ect title do not apply.3 1>t is no# established that the 8ot" being a #atershed reservation" is not alienable and disposable public land. The evidence o the /applicants0 do not clearly and convincingly sho# that the 8ot" described as 8ot Psu$1:(:(*" ceased to be a portion o the area classi ied as a #atershed reservation o the public do!ain. .ny title to the 8ot is void ab initio. >n vie# o this" the alleged procedural in ir!ities attending the iling o the petition or annul!ent o +udg!ent are i!!aterial since the land registration court never ac2uired +urisdiction over the 8ot. .ll proceedings o the land registration court involving the 8ot are there ore null and void.3 1/T0he right o reversion or reconveyance to the %tate o the public properties registeredand #hich are not capable o private appropriation or private ac2uisition does not prescribe.3 H. Ancestral +omains of *ndigenous #eo,le *ndigenous #eo,les "ights Act of 1$$& :"A %3&1< 1. Cru. vs Secretary of nvironment and (atural "esources0 3/& SC"A 12%0 G" (o. 13-3%-0 +ecem'er 30 2222
Petitioners Isagani Cruz and Cesar Europa brought this suit for prohibition and mandamus as citizens and taxpayers, assailing the constitutionality of certain provisions of Republic Act No !"#$ %R A !"#$&, other'ise (no'n as the Indigenous Peoples Rights Act of $))# %IPRA&, and its Implementing Rules and Regulations %Implementing Rules&
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In its resolution of *eptember +), $))!, the Court re,uired respondents to comment -$ In compliance, respondents Chairperson and Commissioners of the National Commission on Indigenous Peoples %NCIP&, the government agency created under the IPRA to implement its provisions, filed on .ctober $", $))! their Comment to the Petition, in 'hich they defend the constitutionality of the IPRA and pray that the petition be dismissed for lac( of merit
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.n .ctober $), $))!, respondents *ecretary of the /epartment of Environment and Natural Resources %/ENR& and *ecretary of the /epartment of 0udget and 1anagement %/01& filed through the *olicitor 2eneral a consolidated Comment 3he *olicitor 2eneral is of the vie' that the IPRA is partly unconstitutional on the ground that it grants o'nership over natural resources to indigenous peoples and prays that the petition be granted in part
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.n November $4, $))!, a group of intervenors, composed of *en 5uan 6lavier, one of the authors of the IPRA, 1r Ponciano 0ennagen, a member of the $)!7 Constitutional Commission, and the leaders and members of $$+ groups of indigenous peoples %6lavier, et al&, filed their 1otion for 8eave to Intervene 3heyin the NCIP in defending the constitutionality of IPRA and praying for the dismissal of the petition
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.n 1arch ++, $))), the Commission on 9uman Rights %C9R& li(e'ise filed a 1otion to Intervene and:or to Appear as Amicus Curiae 3he C9R asserts that IPRA is an expression of the principle of parens patriae and that the *tate has the responsibility to protect and guarantee the rights of those 'ho are at a serious disadvantage li(e indigenous peoples 6or this reason it prays that the petition be dismissed
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.n 1arch +", $))), another group, composed of the I(alahan Indigenous People and the 9aribon 6oundation for the Conservation of Natural Resources, Inc %9aribon, et al &, filed a motion to Intervene 'ith attached Comment;in;Intervention 3hey agree 'ith the NCIP and 6lavier, et al that IPRA is consistent 'ith the Constitution and pray that the petition for prohibition and mandamus be dismissed
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3he motions for intervention of the aforesaid groups and organizations 'ere granted
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.ral arguments 'ere heard on April $", $))) 3hereafter, the parties and intervenors filed their respective memoranda in 'hich they reiterate the arguments adduced in their earlier pleadings and during the hearing
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Petitioners assail the constitutionality of the follo'ing provisions of the IPRA and its Implementing Rules on the ground that they amount to an unla'ful deprivation of the *tates o'nership over lands of the public domain as 'ell as minerals and other natural resources therein, in violation of the regalian doctrine embodied in *ection +, Article <II of the Constitution=
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%$& *ection "%a& 'hich defines the extent and coverage of ancestral domains, and *ection "%b& 'hich, in turn, defines ancestral lands>
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%+& *ection ?, in relation to section "%a&, 'hich provides that ancestral domains including inalienable public lands, bodies of 'ater, mineral and other resources found 'ithin ancestral domains are private but community property of the indigenous peoples>
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%"& *ection 7 in relation to section "%a& and "%b& 'hich defines the composition of ancestral domains and ancestral lands>
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%@& *ection # 'hich recognizes and enumerates the rights of the indigenous peoples over the ancestral domains>
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%?& *ection ! 'hich recognizes and enumerates the rights of the indigenous peoples over the ancestral lands>
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%7& *ection ?# 'hich provides for priority rights of the indigenous peoples in the harvesting, extraction, development or exploration of minerals and other natural resources 'ithin the areas claimed to be their ancestral domains, and the right to enter into agreements 'ith nonindigenous peoples for the development and utilization of natural resources therein for a period not exceeding +? years, rene'able for not more than +? years> and
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%#& *ection ?! 'hich gives the indigenous peoples the responsibility to maintain, develop, protect and conserve the ancestral domains and portions thereof 'hich are found to be necessary for critical 'atersheds, mangroves, 'ildlife sanctuaries, 'ilderness, protected areas, forest cover or reforestation +
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Petitioners also content that, by providing for an all;encompassing definition of ancestral domains and ancestral lands 'hich might even include private lands found 'ithin said areas, *ections "%a& and "%b& violate the rights of private lando'ners "
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In addition, petitioners ,uestion the provisions of the IPRA defining the po'ers and Aurisdiction of the NCIP and ma(ing customary la' applicable to the settlement of disputes involving ancestral domains and ancestral lands on the ground that these provisions violate the due process clause of the Constitution -@
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3hese provisions are=

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%$& sections ?$ to ?" and ?) 'hich detail the process of delineation and recognition of ancestral domains and 'hich vest on the NCIP the sole authority to delineate ancestral domains and ancestral lands>
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%+& *ection ?+-iB 'hich provides that upon certification by the NCIP that a particular area is an ancestral domain and upon notification to the follo'ing officials, namely, the *ecretary of Environment and Natural Resources, *ecretary of Interior and 8ocal 2overnments, *ecretary of 5ustice and Commissioner of the National /evelopment Corporation, the Aurisdiction of said officials over said area terminates>
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%"& *ection 7" 'hich provides the customary la', traditions and practices of indigenous peoples shall be applied first 'ith respect to property rights, claims of o'nership, hereditary succession and settlement of land disputes, and that any doubt or ambiguity in the interpretation thereof shall be resolved in favor of the indigenous peoples>
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%@& *ection 7? 'hich states that customary la's and practices shall be used to resolve disputes involving indigenous peoples> and
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%?& *ection 77 'hich vests on the NCIP the Aurisdiction over all claims and disputes involving rights of the indigenous peoples ?
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6inally, petitioners assail the validity of Rule CII, Part II, *ection $ of the NCIP Administrative .rder No $, series of $))!, 'hich provides that the administrative relationship of the NCIP to the .ffice of the President is characterized as a lateral but autonomous relationship for purposes of policy and program coordination 3hey contend that said Rule infringes upon the Presidents po'er of control over executive departments under *ection $#, Article CII of the Constitution -7
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Petitioners pray for the follo'ing=

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%$& A declaration that *ections ", ?, 7, #, !, ?+-IB, ?#, ?!, ?), 7", 7? and 77 and other related provisions of R A !"#$ are unconstitutional and invalid>
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%+& 3he issuance of a 'rit of prohibition directing the Chairperson and Commissioners of the NCIP to cease and desist from implementing the assailed provisions of R A !"#$ and its Implementing Rules>
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%"& 3he issuance of a 'rit of prohibition directing the *ecretary of the /epartment of Environment and Natural Resources to cease and desist from implementing /epartment of Environment and Natural Resources Circular No +, series of $))!>
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%@& 3he issuance of a 'rit of prohibition directing the *ecretary of 0udget and 1anagement to cease and desist from disbursing public funds for the implementation of the assailed provisions of R A !"#$> and
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%?& 3he issuance of a 'rit of mandamus commanding the *ecretary of Environment and Natural Resources to comply 'ith his duty of carrying out the *tates constitutional mandate to control and supervise the exploration, development, utilization and conservation of Philippine natural resources #
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After due deliberation on the petition, the members of the Court voted as follo's=
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*even %#& voted to dismiss the petition 5ustice Dapunan filed an opinion, 'hich the Chief 5ustice and 5ustices 0ellosillo, Euisumbing, and *antiagoin, sustaining the validity of the challenged provisions of R A !"#$ 5ustice Puno also filed a separate opinion sustaining all challenged provisions of the la' 'ith the exception of *ection $, Part II, Rule III of NCIP Administrative .rder No $, series of $))!, the Rules and Regulations Implementing the IPRA, and *ection ?# of the IPRA 'hich he contends should be interpreted as dealing 'ith the large;scale exploitation of natural resources and should be read in conAunction 'ith *ection +, Article <II of the $)!# Constitution .n the other hand, 5ustice 1endoza voted to dismiss the petition solely on the ground that it does not raise a Austiciable controversy and petitioners do not have standing to ,uestion the constitutionality of R A !"#$
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*even %#& other members of the Court voted to grant the petition 5ustice Panganiban filed a separate opinion expressing the vie' that *ections " %a&%b&, ?, 7, # %a&%b&, !, and related provisions of R A !"#$ are unconstitutional 9e reserves Audgment on the constitutionality of *ections ?!, ?), 7?, and 77 of the la', 'hich he believes must a'ait the filing of specific cases by those 'hose rights may have been violated by the IPRA 5ustice Citug also filed a separate opinion expressing the vie' that *ections "%a&, #, and ?# of R A !"#$ are unconstitutional 5ustices 1elo, Pardo, 0uena, 2onzaga;Reyes, and /e 8eonin in the separate opinions of 5ustices Panganiban and Citug
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As the votes 'ere e,ually divided %# to #& and the necessary maAority 'as not obtained, the case 'as redeliberated upon 9o'ever, after redeliberation, the voting remained the same Accordingly, pursuant to Rule ?7, *ection # of the Rules of Civil Procedure, the petition is /I*1I**E/
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Attached hereto and made integral parts thereof are the separate opinions of 5ustices Puno, Citug, Dapunan, 1endoza, and Panganiban
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*. .R/ERE/

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*. Land A. #rotected Areas 1. (ational *ntegrated #rotected Areas System Act :"A &-%3< 2. "evised 7orestry Code :#+ &2-< 1. 7eli,e Esmael ;r. L Co. *nc. vs +e,uty ?ecutive Secretary0

G". (o. &$-3%0 Octo'er 1%0 1$$2. 2. O,osa vs 7actoran0 22/ SC"A &$2 :;uly 320 1$$3< 3. 1ustang Lum'er vs CA0 G". (o. 12/$%%0 ;une 1%0 1$$3 /. #aat vs CA0 G". (o. 11112&0 ;anuary 120 1$$& B. Protected %pecies 1. Conservation and Protection o 4ildli e 'esources /'. 91;70 (. Protection o the Philippines Eagle /'. :1;70 C. .griculture 1. .griculture and Fisheries 7oderni=ation /'. 8;F)0 (. .ni!al 4el are /'. 8;8)0 6. 8and Tenure 1. @ative title to land should be recogni=ed by the govern!ent Carino vs *nsular Government0 % #hil 1-20 +ecem'er 30 1$23 (. Forest land is not disposable 1. "e,u'lic of the #hili,,ines vs Animas0 G" (o. L=3&3%20 1arch 2$0 1$&/ 2. Le,anto Consolidated 1ining Com,any vs 1anuel +umyung0 G" (o. L=31333=3%0 A,ril 320 1$&$ F. Co!prehensive .grarian 'e or! Progra! /'. ::)70 ;. Cases on 8and 'e or! 1. @in.ons=1agana vs. strella0 G" (O. 3223$0 Se,tem'er 130 1$$1 2. Lu. 7arms vs Secretary of Agrarian "eform0 G" (o. %3%%$0 +ecem'er /0 1$$2 3. 1addum'a vs GS*S0 G" (o. 312$30 7e'ruary 1-0 1$$2 /. Association of Small Landowners vs +e,artment of Agrarian "eform0 1&- SC"A 3/30 :1$%$< ). 7inerals 1. %!all %cale 7ining Progra! /P6 18990 (. People,s %!all %cale 7ining /'. 7*7:0 F. Philippine 7ining .ct /'. 79;(0 1. 1iners Association of the #hili,,ines vs 7actoran0 2/2 SC"A 1220 G" (o. $%3320 ;anuary 130 1$$2. La !ugal=!K Laan )ri'al Association0 *nc. vs "amos0 G" (o. 12&%%20 +ecem'er 10 222/

:. Energy 1. Exploitation o Petroleu!" Coal and Energy 'esources (. 8a# pro!oting discovery and production o indigenous pretroleu! F. Exploration o ?eother!al 'esources ;. The 7ini$&ydroelectric Po#er >ncentives .ct /'. 71):0 B. .ir 1. Clean .ir .ct /'. 87;90 1. 11+A vs ;A(CO10 G" (o. 1/&/3-0 ;anuary 320 2222 G. 4aters 1. The %ea 1. Territorial Baselines o the Philippine .rchipelago /'. F*;:0 (. Exclusive Econo!ic Wone /P6 1)990 F. Fisheries Code /'. 8))*0 (. Fresh 4ater 1. Clean 4ater .ct /'. 9(7)0 F. %olid 4aste 7anage!ent /'. 9**F0 ;. >nternational Environ!ental 8a# 1. >nternational Environ!ent de ined (. 'elevant environ!ental conventions F. The principle o 1good neighbourliness3 ;. )he Myoto #rinci,le
A!oto Protocol to &limate &hange &onvention The Protocol co!!itted the industriali=ed nations to speci ied" legally binding reductions in e!issions o six 1greenhouse gases.3 The Protocol states that these industriali=ed countries are co!!itted individually or +ointly T to ensuring that their aggregate anthropogenic carbon dioxide e2uivalent e!issions o greenhouse gases do not exceed a!ounts assigned to each country" #ith a vie# o reducing their overall e!issions o such gases by at least )S belo# 199* levels in the co!!it!ent period (**8$(*1(. The six gases covered by the Protocol are carbon dioxide" !ethane" nitrous oxide" hydro luorocarbons /&FCs0" per luorocarbons /PFCs0" and sulphur hexa luoride /%F:0. The !ost pro!inent o these and the !ost pervasive in hu!an econo!ic activity is carbon dioxide" produced #hen #ood or ossil uels such as oil" coal" gas are burned. The Protocol does call on all PartiesPdeveloped and developing countries ali5ePto ta5e a nu!ber o steps to or!ulate national and regional progra!s to i!prove local e!ission actors" activity data" !odels" and national inventories o greenhouse gas e!issions and sin5s that re!ove these gases ro! the at!osphere. .ll Parties are also co!!itted to or!ulate" publish" and update cli!ate change !itigation and adaption !easures" and to cooperate in the pro!otion and trans er o environ!entally$sound technologies and in scienti ic and technical research on the cli!ate syste!.

-. )he #recautionary #rinci,le 3. )he #olluter #ays #rinci,le

&. Sustaina'le +evelo,ment


Sustained and nvironmentally Sound +evelo,ment The principles encourage the pro!otion o a supportive international econo!ic cli!ate conducive to sustained and environ!entally sound develop!ent o orests in all countries. The costs o orest conservation and sustainable develop!ent should be shared e2uitably by the international co!!unity. >n particular" developing countries should receive ne# and additional inancial resources to enable the! to sustainably !anage" conserve" and develop their orest resources. .greed rules that are nondiscri!inatory and consistent #ith international la# should govern trade in all orest products and unilateral !easures to restrict and<or ban international trade in orest products should be re!oved or avoided. The principles dee! essential national" international" and regional institutional capabilities to the conservation and sustaintable develop!ent o orests and call or such capabilities to be strengthened.

%. ?am,les of environmental concerns and the international agreement which covers them $. )he Dnited (ations nvironment #rogramme ). Procedure in Environ!ental Cases 'e erencesD Codal Provisions . legal arsenal o the Philippine Environ!ent by .ntonio -posa The la# o @ational 'esources by 'uben .gpalo >nternational 8a# by 6ennis B. Funa .tty. 7ar5 6. Borres