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PHILIPPINE ENVIRONMENTAL LAWS

Submitted by: Natural Resources & Environmental LawClass 2016-17


Submitted to: Atty. Francisca M. Claver, UB School of Law

CATEGORY

LAW

TITLE

SALIENT POINTS

1. Protection Of Particular Resources


a. Atmosphere
a.1 Air Quality

RA NO. 8749
PHILIPPINE CLEAN AIR ACT OF
1999

It is a policy of the state to formulate a holistic national program of air pollution management that
shall be implemented by the government through proper delegation and effective coordination of
functions and activities.
Promote public information and education and to encourage the participation of an informed and
active public in air quality planning and monitoring.

a.2 Ozone Layer

RA NO. 8749
PHILIPPINE CLEAN AIR ACT OF
1999

a.3 Weather
PD NO. 78

ATMOSPHERIC, GEOPHYSICAL
AND ASTRONOMICAL SCIENCE
ACT OF 1972."

The Department, together with concerned agencies and local government units, shall prepare and
fully implement a national plan consistent with the United Nations Framework Convention on
Climate Change and other international agreements, conventions and protocols on the reduction of
greenhouse gas emissions in the country. The Department shall phase out ozone-depleting
substances.

To undertake in coordination with other agencies, activities geared towards the moderation of
typhoons availing of modern scientific and technological advances in order to reduce their
destructive potentials while retaining their beneficial effects and also to undertake other weather
modification projects;
The institute shall also conduct researches in Atmospheric Science (especially) in weather
moderation and/or modification among others, in Geophysics and in Astronomy.
Philippine Environmental Laws; NATRES 1 Class 2016-171

a.4 Climate
RA NO. 9729

CLIMATE CHANGE ACT OF 2009

This law calls for the State to integrate the concept of climate change in various phases of policy
formulation, development plans, poverty reduction strategies, and other government development
tools and techniques.
Likewise, the government shall encourage the participation of the national and local government,
businesses, non-government organizations (NGOs), and local communities and public to mitigate
the adverse effects of climate change.

b. Fresh and Salt Water Bodies

PRESIDENTIAL
DECREE NO. 1067

THE WATER CODE OF THE


PHILIPPINES: A DECREE
INSTITUTING A WATER CODE,
THEREBY REVISING AND
CONSOLIDATING THE LAWS
GOVERNING THE OWNERSHIP,
APPROPRIATION, UTILIZATION,
EXPLOITATION, DEVELOPMENT,
CONSERVATION AND
PROTECTION OF WATER
RESOURCES.

Art. 2. The objectives of this Code are:


a. To establish the basic principles and framework relating to the appropriation, control and
conservation of water resources to achieve the optimum development and rational utilization of
these resources;
b. To define the extent of the rights and obligation of water users and owners including the
protection and regulation of such rights;
c. To adopt a basic law governing the ownership, appropriation, utilization, exploitation,
development, conservation and protection of water resources and rights to land related thereto; and
d. To identify the administrative agencies which will enforce this Code.
Art. 3. The underlying principles of this code are:
a. All waters belong to the State.
b. All waters that belong to the state cannot be the subject to acquisitive prescription.
c. The State may allow the use or development of waters by administration concession.
d. The utilization, exploitation, development, conservation and protection of water resources shall
be subject to the control and regulation of the government through the National Water Resources
Council, hereinafter referred to as the Council.
Art. 9. Waters may be appropriated and used in accordance with the provisions of this Code.
Appropriation of water, as used in this Code, is the acquisition of rights over the use of waters or
the taking or diverting of waters from a natural source in the manner and for any purpose allowed
by law.
Philippine Environmental Laws; NATRES 1 Class 2016-172

Art. 10. Water may be appropriated for the following purposes:


a. Domestic;
g.Industrial;
b. Municipal;
h.Recreational;and
c. Irrigation;
i.Other purposes
d. Power generation;
e. Fisheries;
f. Livestock raising;
Art. 11. The state, for reasons of public policy, may declare waters not previously appropriated, in
whole or in part, exempt from appropriation for any or all purposes and, thereupon, such waters
may not be appropriated for those purposes.
Art. 16. Any person who desires to obtain a water permit shall file an application with the Council
who shall make known said application to the public for any protests.
In determining whether to grant or deny an application, the Council shall consider the following:
protests filed, if any; prior permits granted; the availability of water; the water supply need for
beneficial use; possible adverse effects; land-use economics; and other relevant factors.
Upon approval of an application, a water permit shall be issued and recorded.
Art. 17. The right to the use of water is deemed acquired as of the date of filing of the application
for a water permit in case of approved permits, or as of the date of actual use in a case where no
permit is required.
Art. 18. All water permits granted shall be subject to conditions of beneficial use, adequate
standards of design and construction, and such other terms and conditions as may be imposed by
the Council.
Such permits shall specify the maximum amount of water which may be diverted or withdrawn, the
maximum rate diversion or withdrawal, the time or times during the year when water may be
diverted or withdrawn, the points or points of diversion or location of wells, the place of use, the
purpose for which water may be used and such other requirements the Council deems desirable.
Art. 19. Water rights may be lent or transferred in whole or in part to another person with prior
approval of the Council, after due notice and hearing.
56 Am. Jur. 612 A

Spring is a place thru which water comes up from the earth by the operation of natural
Philippine Environmental Laws; NATRES 1 Class 2016-173

resources although originally artificially opened by man.


R.A. No. 3931

AN ACT CREATING THE NATIONAL


WATER AND AIR POLLUTION
CONTROL COMMISSION.

Section 1. Statement of Policy. It is hereby declared a national policy to maintain reasonable


standards of purity for the waters and air of this country with their utilization for domestic,
agricultural, industrial and other legitimate purposes.
Section 9. Prohibitions. No person shall throw, run, drain, or otherwise dispose into any of the
water and/or atmospheric air of the Philippines, or cause, permit, suffer to be thrown, run, drain,
allow to see or otherwise dispose into such waters or atmospheric air, any organic or inorganic
matter or any substance in gaseous or liquid form that shall cause pollution of such waters or
atmospheric air.
No person shall perform any of the following activities without first securing a permit from the city or
district engineer for the discharge of all industrial wastes and other wastes which are or may be
discharged into the waters or atmospheric air of the Philippines, which could cause pollution
thereof:
(1) the construction, installation, modification or operation of any sewage works or any
extension or addition thereto;
(2) the increase in volume or strength of any wastes in excess of the permissive discharge
specified under any existing permit;
(3) the construction, installation, or operation of any industrial or commercial
establishments or any extension or modification thereof or addition thereto, the operation
of which would cause an increase in the discharge of wastes directly into the waters or
atmospheric air of the Philippines or would otherwise alter the physical, chemical or
biological properties of any waters or atmospheric air of the Philippines in any manner not
already lawfully authorized;
(4) the construction or use of any new outlet for the discharge of any waste, gaseous or
liquid, directly into the waters or atmospheric air of the Philippines.
Section 10. Penalties. Any person who shall violate any of the provisions of Section nine of this Act
or who violates any order of the Commission, shall be liable to a penalty of not to exceed fifty pesos
for each day during which the violation continues, or by imprisonment of from two years to six
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years, or by both fine and imprisonment and in addition such person may be required or enjoined
from continuing such violation as hereinafter provided.
Any person who violates any of the provisions of, or fails to perform any duty imposed by this Act,
or who violates and order or other determination of the Commission promulgated pursuant to this
Act, thereby causing the death of fish or other aquatic life, or damages or destroys the natural
habitat necessary for the propagation of fish or other aquatic life, shall in addition to the penalty
above prescribed, be liable to pay the government for damages for fish or other aquatic life
destroyed. The Commission after consultation with fishery officials of the Department of Agriculture
and Natural Resources shall, through a court of competent jurisdiction, bring an action against such
person and recover the reasonable value of the fish or other aquatic life and/or habitat destroyed by
such pollution. Any amount so recovered shall be placed in the funds made available to the
Fisheries Commission.
R.A. NO. 6969
(OCTOBER 26,
1990)

TOXIC SUBSTANCES AND


HAZARDOUS AND NUCLEAR
WASTES CONTROL ACT OF 1990
(AN ACT TO CONTROL TOXIC
SUBSTANCES AND HAZARDOUS
AND NUCLEAR WASTES,
PROVIDING PENALTIES FOR
VIOLATIONS THEREOF, AND FOR
OTHER PURPOSES)

Section 2. Declaration of Policy. It is the policy of the State to regulate, restrict or prohibit the
importation, manufacture, processing, sale, distribution, use and disposal of chemical substances
and mixtures that present unreasonable risk and/or injury to health or the environment; to prohibit
the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine
territorial limits for whatever purpose; and to provide advancement and facilitate research and
studies on toxic chemicals.
Section 3. Scope. This Act shall cover the importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances
and mixtures in the Philippines, including the entry, even in transit as well as the keeping or storage
and disposal of hazardous and nuclear wastes into the country for whatever purpose.
Section 4. Objectives. The objectives of this Act are:
a) To keep an inventory of chemicals that are presently being imported, manufactured, or
used, indicating, among others, their existing and possible uses, test data, names of firms
manufacturing or using them, and such other information as may be considered relevant
to the protection of health and the environment;
b) To monitor and regulate the importation, manufacture, processing, handling, storage,
transportation, sale, distribution, use and disposal of chemical substances and mixtures
that present unreasonable risk or injury to health or to the environment in accordance with
national policies and international commitments;
Philippine Environmental Laws; NATRES 1 Class 2016-175

c) To inform and educate the populace regarding the hazards and risks attendant to the
manufacture, handling, storage, transportation, processing, distribution, use and disposal
of toxic chemicals and other substances and mixture; and
d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of
hazardous and nuclear wastes into the country for whatever purpose.
Section 13. Prohibited Acts. The following acts and omissions shall be considered unlawful:
a) Knowingly use a chemical substance or mixture which is imported, manufactured,
processed or distributed in violation of this Act or implementing rules and regulations or
orders;
b) Failure or refusal to submit reports, notices or other information, access to records, as
required by this Act, or permit inspection of establishment where chemicals are
manufactured, processed, stored or otherwise held;
c) Failure or refusal to comply with the pre-manufacture and pre-importation requirements;
and
d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into
Philippines territory, including its maritime economic zones, even in transit, either by
means of land, air or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.
Section 14. Criminal Offenses and Penalties.
a) (i) The penalty of imprisonment of six (6) months and one day to six (6) years and one
day and a fine ranging from Six hundred pesos (P600.00) to Four thousand pesos
(P4,000.00) shall be imposed upon any person who shall violate section 13 (a) to (c) of
this Act and shall not be covered by the Probation Law.f the offender is a foreigner, he or
she shall be deported and barred from any subsequent entry into the Philippines after
serving his or her sentence;
ii) In case any violation of this Act is committed by a partnership, corporation, association
or any juridical person, the partner, president, director or manager who shall consent to or
shall knowingly tolerate such violation shall be directly liable and responsible for the act of
the employee and shall be criminally liable as a co-principal;
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(iii) In case the offender is a government official or employee, he or she shall, in addition to
the above penalties, be deemed automatically dismissed from office and permanently
disqualified from holding any elective or appointive position.
b) (i) The penalty of imprisonment of twelve (12) years and one day to twenty (20) years,
shall be imposed upon any person who shall violate section 13 (d) of this Act. If the
offender is a foreigner, he or she shall be deported and barred from any subsequent entry
into the Philippines after serving his or her sentence;
(ii) In the case of corporations or other associations, the above penalty shall be imposed
upon the managing partner, president or chief executive in addition to an exemplary
damage of at least Five hundred thousand pesos (P500,000.00).f it is a foreign firm, the
director and all officers of such foreign firm shall be barred from entry into the Philippines,
in addition to the cancellation of its license to do business in the Philippines;
(iii) In case the offender is a government official or employee, he or she in addition to the
above penalties be deemed automatically dismissed from office and permanently
disqualified from holding any elective or appointive position.
c) Every penalty imposed for the unlawful importation, entry, transport, manufacture,
processing, sale or distribution of chemical substances or mixtures into or within the
Philippines shall carry with it the confiscation and forfeiture in favor of the Government of
the proceeds of the unlawful act and instruments, tools or other improvements including
vehicles, sea vessels, and aircrafts used in or with which the offense was committed.
Chemical substances so confiscated and forfeited by the Government at its option shall be
turned over to the Department of Environment and Natural resources for safekeeping and
proper disposal.
d) The person or firm responsible or connected with the bringing or importation into the
country of hazardous or nuclear wastes shall be under obligation to transport or send back
said prohibited wastes;
Any and all means of transportation, including all facilities and appurtenances that may
have been used in transporting to or in the storage in the Philippines of any significant
amount of hazardous or nuclear wastes shall at the option of the government be forfeited
in its favor.
Section 15. Administrative Fines. In all cases of violations of this Act, including violations of
implementing rules and regulations which have been duly promulgated and published in
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accordance with Section 16 of this Act, the Secretary of Environment and Natural Resources is
hereby authorized to impose a fine of not less than Ten thousand pesos (P10,000.00), but not more
than Fifty thousand pesos (P50,000.00) upon any person or entity found guilty thereof. The
administrative fines imposed and collected by the Department of Environment and Natural
Resources shall accrue to a special fund to be administered by the Department exclusively for
projects and research activities relative to toxic substances and mixtures.
c. Biological Resources
c.1 Biodiversity
c.2 Fish

REPUBLIC ACT
NO. 8550

AN ACT PROVIDING FOR THE


DEVELOPMENT, MANAGEMENT
AND CONSERVATION OF THE
FISHERIES AND AQUATIC
RESOURCES, INTEGRATING ALL
LAWS PERTINENT THERETO, AND
FOR OTHER PURPOSES

Sec. 5. Use of Philippine Waters. The use and exploitation of the fishery and aquatic resources
in Philippine waters shall be reserved exclusively to Filipinos: Provided, however, That research
and survey activities may be allowed under strict regulations, for purely research, scientific,
technological and educational purposes that would also benefit Filipino citizens.
Sec. 8. Catch Ceiling Limitation The Secretary may prescribe limitations or quota on the total
quantity of fish captured, for a specified period of time and specified area based on the best
available evidence. Such a catch ceiling may be imposed per species of fish whenever necessary
and practicable: Provided, That in municipal waters and fishery management areas, and waters
under the jurisdiction of special agencies, catch ceilings may be established upon the concurrence
and approval or recommendation of such special agency and the concerned LGU in consultation
with the FARMC for conservation or ecological purposes.
Sec. 11. Protection of Rare, Threatened and Endangered Species the Department shall
declare closed seasons and take conservation and rehabilitation measures for rare, threatened and
endangered species, as it may determine, and shall ban the fishing and/or taking of rare,
threatened and/or endangered species, including their eggs/offspring as identified by existing laws
in concurrence with concerned government agencies.
Sec. 13. Environmental Compliance Certificate (ECC) All Environment Impact Statements
(EIS) shall be submitted to the Department of Environment and Natural Resources (DENR) for
review and evaluation. No persons, natural or juridical, shall undertake any development project
without first securing an Environmental Compliance Certificate (ECC) from the Secretary of the
DENR.

Philippine Environmental Laws; NATRES 1 Class 2016-178

Sec. 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered fisherfolk
organizations/cooperatives shall have preference in the grant of fishery rights by the Municipal/City
Council pursuant to Section 149 of the Local Government Code: Provided, That in areas where
there are special agencies or offices vested with jurisdiction over municipal waters by virtue of
special laws creating these agencies such as, but not limited to, the Laguna Lake Development
Authority and the Palawan Council for Sustainable Development, said offices and agencies shall
continue to grant permits for proper management and implementation of the aforementioned
structures.
Sec. 81. Fish Refuge and Sanctuaries. - The Department may establish fish refuge and
sanctuaries to be administered in the manner to be prescribe by the BFAR at least twenty-five
percent (25%) but not more than forty percent (40%) of bays, foreshore lands, continental shelf or
any fishing ground shall be set aside for the cultivation of mangroves to strengthen the habitat and
the spawning grounds of fish. Within these areas no commercial fishing shall be allowed. All marine
fishery reserves, fish sanctuaries and mangrove swamps reservations already declared or
proclaimed by the President or legislated by the Congress of the Philippines shall be continuously
administered and supervised by the concerned agency: Provided, however, That in municipal
waters, the concerned LGU in consultation with the FARMCs may establish fishery refuge and
sanctuaries. The FARMCs may also recommend fishery refuge and sanctuaries: Provided, further,
That at least fifteen percent (15%) where applicable of the total coastal areas in each municipality
shall be identified, based on the best available scientific data and in consultation with the
Department, and automatically designated as fish sanctuaries by the LGUs in consultation with the
concerned FARMCs.
Sec. 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities. - No
person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or fingerlings of any
fisheries species or fishery products, or engage in any fishery activity in Philippine waters without a
license, lease or permit.
Discovery of any person in an area where he has no permit or registration papers for a fishing
vessel shall constitute a prima facie presumption that the person and/or vessel is engaged in
unauthorized fishing: Provided, That fishing for daily food sustenance or for leisure which is not for
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commercial, occupation or livelihood purposes may be allowed.


It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery
management areas which may hereinafter be declared as over-exploited.
Any commercial fishing boat captain or the three (3) highest officers of the boat who commit any of
the above prohibited acts upon conviction shall be punished by a fine equivalent to the value of
catch or Ten thousand pesos (P 10,000.00) whichever is higher, and imprisonment of six (6)
months, confiscation of catch and fishing gears, and automatic revocation of license.
It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any
commercial fishing activity in municipal waters. Any municipal fisherfolk who commits such violation
shall be punished by confiscation of catch and a fine of Five hundred pesos (P 500.00).
BATAS PAMBANSA
BILANG 58

PRESIDENTIAL
DECREE No. 704

AN ACT AMENDING REPUBLIC ACT


NO.5474,AS AMENDED BY
REPUBLIC ACT NO.6145 (RE:
PROHIBITING THE CATCHING,
SELLING, OFFERING TO SELL,
PURCHASING ANY OF THE FISH
SPECIES CALLED "GOBIIDAE"OR
"IPON").

REVISING AND CONSOLIDATING


ALL LAWS AND DECREES
AFFECTING FISHING AND
FISHERIES

Sec. 1. It shall be unlawful for any person, association or corporation to catch or cause to be
caught, any of the fish specie called "gobiidae" or "ipon" or to sell, offer to sell, purchase, or have in
possession, except for propagation, scientific or educational purposes, any of such fish specie
caught during such period or periods of the year as may be declared as a close season by the
Minister of Natural Resources, upon the recommendation of the Director of Fisheries and Aquatic
Resources, jointly with the Provincial Governor or City Mayor, as the case may be, and taking into
account the spawning period and the need for conservation and ecological balance."
Any declaration of the close season under the provisions of this Act shall take effect only after sixty
days from publication thereof in at least two newspapers of general circulation in the place affected
by the declaration.
Section 16. License, lease and permit. No person shall exploit, occupy, produce, culture, capture
or gather fish, or fry or fingerling of any species of fish, or fishery/aquatic products, or engage in
any fishery activity in Philippine or municipal waters without a license, lease or permit: Provided,
That when due to destruction wrought upon fishponds, fishpens or fish nurseries, by typhoons,
floods and other fortuitous events, or due to speculation, monopolistic and other pernicious
practices which tend to create an artificial shortage of fry and/or fingerling, the supply of fish and
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fishery/aquatic products can reasonably be expected to fall below the usual demand therefor and
the price thereof, to increase, the Secretary, upon recommendation of the Director, is hereby
authorized to fix a fair and reasonable price for fry and fingerling of any species of fish, and in so
doing and when necessary, fix different price levels for various areas or regions taking into account
such variable factors as availability, accessibility to transportation facilities, packing and crating, and
to regulate the movement, shipment and transporting of such fry and fingerling: Provided, further,
That the price so fixed shall guarantee the gatherers of fry a just and equitable return for their labor:
Provided, finally, That any administrative order issued by the Secretary to implement the foregoing
shall take effect immediately, the provisions of Section 7 hereof to the contrary notwithstanding.
Section 17. Commercial fishing boat license and other licenses. No person shall operate a
commercial fishing boat, pearl fishing boat or fishing boat for scientific, research or educational,
purposes, or engage in any fishery activity, or seek employment as a fisherman without first
securing a license from the Bureau: Provided, That no such special permit shall be required of a
fishing boat engaged in scientific, research or educational purposes within Philippine waters
pursuant to an international agreement of which the Philippines is a signatory, and which
agreement defines the status, privileges and obligations of said boat and its crew and the nonFilipino officials of the international agency under which said boat operates: Provided, further, That
the members of the crew of a fishing boat used for commercial fishing, including but not limited to
duly licensed and/or authorized patrons, marine engineers, radio operators and cooks, shall be
considered as fisherman: Provided, furthermore, That the commercial fishing boat license herein
authorized to be granted shall allow the license to operate only in Philippine waters seven (7) or
more fathoms deep subject to the conditions that may be stated therein and the rules and
regulations that may, from time to time, be promulgated by the Secretary: Provided, finally, That
baby trawls using fishing boats of three (3) gross tons or less may operate in areas four (4) fathoms
deep or more if authorized by existing municipal ordinances duly approved by the Secretary.
The Philippine Coast Guard shall perform all functions pertaining to the registration, documentation,
inspection and manning of all types of fishing boats plying Philippine waters except those
hereinabove vested in the Bureau of Fisheries and Aquatic Resources: Provided, That a fishing
boat may, upon inspection and verification by the Maritime Safety Division and Naval Architecture
and Engineering Section of the Philippines Coast Guard that the fishing boat is seaworthy and fit
Philippine Environmental Laws; NATRES 1 Class 2016-1711

for operations, be accepted for registration, documentation, and licensing purposes: Provided,
further, That the coastwise license shall not be required of fishing boats.
Every boat of Philippine registry of 10 gross tons more but less than 500 tons, which is operated
exclusively as a fishing boat for catching and transporting fish in the territorial waters of the
Philippines may be operated at least by one licensed deck officer and one licensed engine officer,
the qualifications of who shall be prescribed by the Philippine Coast Guard, which qualifications
may, considering that the fishing boat will not transport passengers and/or cargo, be less than
those required of similar officers employed in vessels engaged in the coastwise trade.
Any provision of law to the contrary notwithstanding all finishing boats shall be provided with
adequate medical supplies and life-saving devices to be determined by the Philippine Coast Guard:
Provided, That a fishing boat twenty (20) gross tons or more shall have in its employ a person
qualified as a First Aider duly certified by a government physician.
Section 18. Permit for importation or exportation of fish or fishery/aquatic products. No
person shall import or export any fish or fishery/aquatic product, whether adult or young, fry or fish
eggs, for propagation or for other purposes, without first securing a permit therefor and paying the
inspection and other fees: Provided, That exportation of fry, except "bangus" fry exportation of
which is totally banned, shall be allowed only after the requirement of the domestic fishing industry
are met: Provided, further, That no other inspection fee shall be imposed and collected by any other
government office or agency.
Section 38. Penalties. (a) For illegal fishing and dealing in illegally caught fish or fishery/aquatic
products. Violation of Section 33 hereof shall be punished as follows:
(1) By imprisonment from ten (10) to twelve (12) years, if explosives are used: Provided, That if the
explosion results 1) in physical injury to any person, the penalty shall be imprisonment from twelve
(12) to twenty (20) years, or 2) in the loss of human life, then the penalty shall be imprisonment
from twenty (20) years to life, or death;
(2) By imprisonment from eight (8) to ten (10) years, if obnoxious or poisonous substances are
Philippine Environmental Laws; NATRES 1 Class 2016-1712

used: Provided, That if the use of such substances results 1) in physical injury to any person, the
penalty shall be imprisonment from ten (10) to twelve (12) years, or 2) in the loss of human life,
then the penalty shall be imprisonment from twenty (20) years to life or death;
(3) By imprisonment from two (2) to four (4) years, if electricity is used; and
(4) By imprisonment from two (2) to six (6) years for dealing in illegally caught fish or fishery/aquatic
products.
(b) Trawl fishing. Violation of section 35 hereof shall be punished by a fine not exceeding one
thousand pesos (P1,000.00) or imprisonment for a period not exceeding one (1) year, or both fine
and imprisonment, in the discretion of the Court.
(c) Exportation of "bangus" fry. Violation of section 36 shall be punished by a fine of not less than
one thousand pesos (P1,000.00) nor more than five thousand pesos (P5,000.00) or by
imprisonment for not less than one (1) year nor more than five (5) years, or both such fine and
imprisonment, in the discretion of the Court.
(d) Other violations. Violation of any other provision of this Decree, or of any rule or regulation
already existing, or which may be promulgated pursuant to this Decree, shall subject the offender to
fine of from five hundred pesos (P500.00) to five thousand pesos (P5,000.00) or imprisonment from
six (6) months to four (4) years, or both such fine and imprisonment, in the discretion of the Court:
Provided, That the Director of Fisheries and Aquatic Resources is hereby empowered to impose
upon the offender an administrative fine of not more than five thousand (P5,000.00) or to cancel his
permit or license, in the discretion of the Director: Provided, further, That the Director, or his duly
authorized representative, and law enforcement agents are hereby empowered to impound with the
assistance of the Philippine Coast Guard, if necessary, the fishing boat including the dynamite,
blasting caps and other explosives, obnoxious or poisonous substances, and apparatus used in
electric fishing, and other apparatus used in illegal fishing, pending the termination of the criminal
case by competent courts: Provided; finally, That any person who unlawfully obstructs or delays the
inspection and/or movement of fish and fishery/aquatic products when such inspection and/or
movement is authorized under this Decree, shall be subject to a fine of not more than two thousand
pesos (P2,000.00) or imprisonment of not more than two (2) years, or both such fine and

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imprisonment, in the discretion of the Court.


Any public official, who enforces an ordinance, resolution, rule and/or regulation concerning fishing
and fisheries not previously approved by the Secretary, shall be criminally prosecuted and, upon
conviction, shall suffer the penalty of not more than five (5) years imprisonment or a fine of not
more than ten thousand pesos (P10,000.00) or both such fine and imprisonment, in the discretion
of the Court.
Action on any violation mentioned in this Chapter shall be taken if the Secretary so decides.
DEPARTMENT OF
AGRICULTURE
ADMINISTRATIVE
ORDER NO. 3 :
Series of 1998

IMPLEMENTING RULES AND


REGULATIONS PURSUANT TO
REPUBLIC ACT NO. 8550: AN ACT
PROVIDING FOR THE
DEVELOPMENT, MANAGEMENT
AND CONSERVATION OF THE
FISHERIES AND AQUATIC
RESOURCES, INTEGRATING ALL
LAWS PERTINENT THERETO, AND
FOR OTHER PURPOSES

Rule 3.1. Jurisdiction. The Department, through the Bureau of Fisheries and Aquatic Resources
(BFAR), in cooperation with concerned national agencies, shall have the responsibility and
jurisdiction in the management, conservation, development, protection, utilization, and disposition
of all fisheries and aquatic resources of the country, except municipal waters. However, in municipal
waters the DA-BFAR may coordinate with and assist the LGUs, FARMCs, and other government
agencies concerned in the development, conservation, protection, utilization and management of
fisheries and aquatic resources.
Rule 3.2. The Department and the Department of Environment and Natural Resources (DENR)
shall, within one (1) year from the effectivity of this IRR, issue a Joint Memorandum Order to clarify
their respective jurisdiction and authority on the management of fisheries resources.
Rule 8.1. Catch ceiling Issue the appropriate FAO, based on the findings of stock assessment
studies and estimate of MSY, the necessary total catch ceiling limitation for each major fishery
and/or specific fishing area;
Rule 8.2. Catch ceiling in municipal waters Establish catch ceilings in specified municipal
waters or fisheries management areas and waters under the jurisdiction of special agencies
through a Joint Memorandum Order between the Department, the concerned special agency and
LGU after consultation with the FARMCs including provisions for its enforcement.
Rule 33.1. Importation Issue, within one (1) year from the effectivity of this IRR, the appropriate
FAO on the maximum age and minimum gross tonnage for catcher vessels that may be imported.

PRESIDENTIAL

PROVIDING FOR THE

Section 5:Ordinary Coral


Philippine Environmental Laws; NATRES 1 Class 2016-1714

DECREE NO. 1219


(As amended by
Presidential Decree
No. 1698, 1980)

EXPLORATION,
EXPLOITATION, UTILIZATION AND
CONSERVATION OF CORAL
RESOURCES

The gathering, harvesting, collecting, transporting, possession, sale and/or exporting of ordinary
corals either in raw or processed form in any quantity, is prohibited. The use of corals as materials
in buildings and other man-made structures, such as but not limited to piers, dams and dikes, is
likewise prohibited.
Section 6:Gratuitous Permit
The Minister of Natural Resources may issue a gratuitous permit to duly established and
recognized research and educational institutions to gather in limited quantities any coral for
scientific or educational purposes only.
Section 7(and Section 8, as amended):Special Permit
The Minister of Natural Resources may issue a special permit to only one person/corporation for a
limited issue to conduct experimental collection of precious and semi-precious corals.The applicant
for a special permit must be a Filipino citizen, or a corporation, at least seventy (70) per cent of the
capital stock of which is owned or controlled by Filipinos.
Vessels to be used for such operations shall be of Philippine registry. Provided, That if foreign
vessels are used, prior clearance from the government agencies concerned shall first be obtained.
Section 9:Export of Precious and Semi-precious Coral
Exportation of precious and semi-precious coral gathered is hereby prohibited, unless such corals
are first processed and manufactured into finished products in the Philippines.
Section 10:Rules and Regulations
The Secretary of Natural Resources shall promulgate the rules and regulations to implement
effectively the provisions of this Decree.

c.3 Birds
c.4 Animals
c.5 Flora
-Forests

PD 705

REVISED FORESTRY CODE OF


THE PHILIPPINES

Features of the Law:


a) Creation of, and merger of all forestry agencies into, the Bureau of Forest Development.
b) The law mandated the DENR Secretary to study, devise, determine and prescribe the criteria,
Philippine Environmental Laws; NATRES 1 Class 2016-1715

c)

d)
e)
f)

g)

PRESIDENTIAL
DECREE NO. 705

REVISING PRESIDENTIAL DECREE


NO. 389, OTHERWISE KNOWN AS
THE FORESTRY REFORM CODE
OF THE PHILIPPINES

guidelines and methods for the proper and accurate classification and survey of all lands of
the public domain into agricultural, industrial or commercial, residential, resettlement, mineral,
timber or forest, and grazing lands, and into such other classes provided by law.
Utilization and of any forest land, or any activity therein, involving one or more of its resources
should be confined to that which will produce the optimum benefits to the development and
progress of the country and public welfare.
Certain grants or privileges may be made available to qualified persons by means of lease,
license, license agreement or permit.
The continued privilege to harvest timber shall be subject to the condition that the licensee
shall reforest all the areas which shall be determined by the Bureau.
Production of logs by all licensees is required to be processed locally, and to that end the
establishment of an integrated wood industry (establishment of wood processing plants), are to
be given incentives.
Criminal Offenses under the code are the following:
a) Cutting, gathering and/or collecting timber or other products without license.
b) Unlawful occupation or destruction of forest lands.
c) Pasturing Livestock in forest lands without authority
d) Illegal occupation of national parks system and recreation areas and vandalism therein.
e) Destruction of wildlife resources.
f) Survey by unauthorized person.
g) Misclassification and survey by government official or employee.
h) Issuance of tax declaration on real property without proper certification from the Director of
Forest Development and the Director of the Land Management Bureau.
i) Coercing, and influencing the public offer or employee to commit the two preceding
offenses.
j) Unlawful possession of implements and devices used by forest officers.
k) Failure to pay the amount due and payable under the provisions of this Code, the National
Internal Revenue Code, or the implementing rules and regulations.
l) Sale of wood products with compliance to grading rules established by the Government.

General Features:
The state hereby adopts the protection,development and rehabilitation of forest lands shall be
emphasized so as to ensure their continuity in productive condition.

Philippine Environmental Laws; NATRES 1 Class 2016-1716

ForestProtection:
1. Forest lands to be reforested
2. Control of concession area
3. Regulation of timber utilization in all other classes of lands and of wood-processing plants
4. No forest land 50% in slope or over may be utilized for pasture purposes
Utilization and Management:
1. The numerous beneficial uses of the timber, land, soil, water, wildlife, recreation value and
grass of forest lands shall be evaluated and weighted before allowing the utilization,
exploitation, occupation or possession thereof, or the conduct of any activity therein.
2. All forest reservations may be open to uses not inconsistent with the principal objectives of
the reservation: Provided, That critical watersheds and national parks shall not be subject to
logging operations.
Special Uses:
1. Wildlife may be destroyed, killed, consumed, eaten or otherwise disposed of, without the
necessity of a permit, for the protection of life, health, safety and property, and the
convenience of the people.
However, the Director may regulate the killing and destruction of wildlife in forest lands in order to
maintain an ecological balance of flora and fauna.
2. Other special uses of forest lands. Forest lands may be leased for a period not exceeding
twenty-five (25) years, renewable upon the expiration thereof for a similar period, or held
under permit, for the establishment of sawmills, lumber yards, timber depots, logging camps,
rights-of-way, or for the construction of sanatoria, bathing establishments, camps, salt works,
or other beneficial purposes which do not in any way impair the forest resources therein.
Criminal Offenses and Penalties:
1. Any person who has committed or is committing any of the offenses defined under Sec. 68
Philippine Environmental Laws; NATRES 1 Class 2016-1717

and 72, Chapter IV of PD 705, as amended may be arrested even without warrant of arrest as
provided for by Section 80 of PD 705, as amended.
2. Any person who shall cut, gather, collect, removed timber or other forest products from any
forest land, or timber from alienable or disposable public land, or from private land, without
any authority, or possess timber or other forest products without the legal documents as
required under existing forest laws and regulations, shall be punished with the penalties
imposed under Articles 309 and 310 of the Revised Penal Code.
3. In the case of partnerships, associations, or corporations, the officers who ordered the cutting,
gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in
addition to the penalty, be deported without further proceedings on the part of the
Commission on Immigration and Deportation.
Other Criminal Offenses:
Unlawful Occupation or Destruction of Forest Lands and Grazing Lands
Pasturing Livestock
Illegal Occupation of National Parks System and Recreation Areas and Vandalism
Destruction of Wildlife Resources
Survey by Unauthorized Person
Misclassification and Survey by Government Official or Employee
This is not a law but it is relevant to the management and utilization of forest lands because it
declared a moratorium on the cutting and harvesting of timber in the natural residual forests and it
provided for the creation of the anti-illegal logging task force.

EXECUTIVE ORDER
NO. 23 SERIES OF
2011
-Trees

REPUBLIC ACT 3571

AN ACT TO PROHIBIT THE


CUTTING, DESTROYING, OR
INJURING OF PLANTED OR
GROWING TREES FLOWERING
PLANTS, AND SHRUBS OR
PLANTS OF SCENIC VALUE
ALONG PUBLIC ROADS, IN

Features:
a) No cutting, destroying, or injuring of planted or growing trees along public roads, in plazas
parks, school premises, or in any other public ground.
b) Violators shall be punished by prison correctional in its minimum period t prison mayor in its
minimum period.

Philippine Environmental Laws; NATRES 1 Class 2016-1718

PLAZAS, PARKS, SCHOOL


PREMISES, OR IN ANY OTHER
PUBIC GROUND.

-Flowers and Plants

PRESIDENTIAL
DECREE 1153

REQUIRING THE PLANTING OF


ONE TREE EVERY MONTH FOR
FIVE CONSECUTIVE YEARS BY
EVERY CITIZENS OF THE
PHILIPPINES

Features:
a) The trees to be planted shall be fruit-bearing, shade, ornamental or forest trees which should
be taken cared of for at least two years.
b) Violators shall punished with a fine of not more than P1000 or disqualification to acquire or
enjoy any privilege granted exclusively to citizens of the Philippines; and for a period of 5 years
e disqualified to hold public office, to graduate from any educational institution at all levels, to
take any bar, or board, or civil service examination, and to practice any profession licensed by
the Supreme Court or the Professional Regulation Commission.

PRESIDENTIAL
DECREE 953

THE PLANTING OF TREES IN


CERTAIN PLACES AND
PENALIZING UNAUTHORIZED
CUTTING, DESTRUCTION,
DAMAGING, AND INJURING
CERTAIN TREES, PLANTS AND
VEGETATION

Features:
a) Planting of trees on lands adjoining the edge of rivers and creeks
b) Planting of trees along roads and areas intended for the common use of owners of lots in
subdivisions.

ACT NO. 3983

AN ACT TO PROTECT WILD


FLOWERS AND PLANTS IN THE
PHILIPPINE ISLANDS AND TO
PRESCRIBE CONDITIONS UNDER
WHICH THEY MAY BE
COLLECTED, KEPT, SOLD,
EXPORTED, AND FOR OTHER
PURPOSES

General Features:
It shall be unlawful for any person in the Philippine Islands to take collect, kill, mutilate, or have in
his or her possession, living or dead, or to purchase, offer or expose for sale, transport, ship, or
export, alive or dead, any protected flowering plant, fern, orchid, lycopod or club moss or other wild
plants in the Philippines.
Penalties:
1. Any person, association or corporation violating this Act or any order or regulation deriving
force from its provisions shall be punished for each offense by a fine of not less than ten
pesos (P10.00) nor more than two hundred pesos (P200.00), or by imprisonment not to
exceed thirty (30) days, or both such fine and imprisonment, in the discretion of the court.
2. That in the case of an association or corporation, the president or manager shall be
Philippine Environmental Laws; NATRES 1 Class 2016-1719

directly responsible for the acts of his employees or laborers if it is proven that the latter
acted with his knowledge; otherwise the responsibility shall extend only as far as fine is
concerned
All plants gathered or collected in violation of this Act shall be forfeited to the Government.
DENR
ADMINISTRATIVE
ORDER 1991-36

GUIDELINES GOVERNING THE


CONFISCATION, SEIZURE AND
DISPOSITION OF WILD FLORA
AND FAUNA ILLEGALLY
COLLECTED, GATHERED,
ACQUIRED, TRANSPORTED, AND
IMPORTED INCLUDING
PARAPHERNALIA

General Features:
1. Absence of Wildlife Transport Permit shall be sufficient cause for the seizure of wildlife
paraphernalia used in the commission of the offense in favor of the government pursuant to PD
1281 subject to further investigation.
If it is found that the wild flora and fauna seized have been gathered, removed, and possessed
without authority under existing rules and regulations, final confiscation shall be effected to be
followed by the filing of complaint

d. Specific Ecosystems

2. Protection Against Particular Threats


a. Air and Atmospheric Pollution

RA NO. 3931

AN ACT CREATING THE NATIONAL


WATER AND AIR POLLUTION
CONTROL COMMISSION

The state shall declare national policy to maintain reasonable standards of purity for the waters and
air of this country with their utilization for domestic, agricultural, industrial and other legitimate
purposes.
The Commission under this law may conduct scientific experiments, investigations and research to
discover economical and practical methods of preventing water and air pollutions.

b. Water Pollution

REPUBLIC ACT NO.


3931

AN ACT CREATING THE NATIONAL


WATER AND AIR POLLUTION
CONTROL COMMISSION

Section 9:Prohibitions
No person shall throw, run, drain, or otherwise dispose into any of the water and/or atmospheric air
of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to see or otherwise
dispose into such waters or atmospheric air, any organic matter or inorganic matter or any
substance in gaseous or liquid form that shall cause pollution of such waters or atmospheric air.
No person shall perform any of the following activities without first securing a permit from the city or
district engineer for the discharge of all industrial wastes and other wastes which are or may be
discharged into the waters or atmospheric air of the Philippines, which could cause pollution
Philippine Environmental Laws; NATRES 1 Class 2016-1720

thereof:
1. the construction, installation, modification or operation of any sewage works or any extension or
addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive discharge specified
under any existing permit;
3. the construction, installation, or operation of any industrial or commercial establishments or any
extension or modification thereof or addition thereto, the operation of which would cause an
increase in the discharge of wastes directly into the waters or atmospheric air of the Philippines or
would otherwise alter the physical, chemical or biological properties of any waters or atmospheric
air of the Philippines in any manner not already lawfully authorized;
4. the construction or use of any new outlet for the discharge of any waste, gaseous or liquid,
directly into the waters or atmospheric air to the Philippines.
Section 10:Penalties
Any person who shall violate any of the provisions of Section nine of this Act or who violates any
order of the Commission, shall be liable to a penalty of not to exceed fifty pesos for each day during
which the violation continues, or by imprisonment of from two years to six years, or by both fine and
imprisonment and in addition such person may be required or enjoined from continuing such
violation as hereinafter provided.
Any person who violates any of the provisions of, or fails to perform any duty imposed by this Act,
or who violates an order or other determination of the Commission promulgated pursuant to this
Act, thereby causing the death of fish or other aquatic life, or damages or destroys the natural
habitat necessary for the propagation of fish or other aquatic life, shall in addition to the penalty
above prescribed, be liable to pay the government for damages for fish or other aquatic life
destroyed. The Commission after consultation with fishery officials of the Department of Agriculture
and Natural Resources shall, through a court of competent jurisdiction, bring an action against such
Philippine Environmental Laws; NATRES 1 Class 2016-1721

person and recover the reasonable value of the fish or other aquatic life and/or habitat destroyed by
such pollution. Any amount so recovered shall be placed in the funds made available to the
Fisheries Commission.
REPUBLIC ACT NO.
9275

AN ACT PROVIDING FOR A


COMPREHENSIVE WATER
QUALITY MANAGEMENT AND FOR
OTHER PURPOSES

Purpose: The Philippine Clean Water Act of 2004 aims to protect the countrys water bodies from
pollution from land-based sources (industries and commercial establishments, agriculture and
community/household activities). It provides for a comprehensive and integrated strategy to prevent
and minimize pollution through a multi-sectorial and participatory approach involving all the
stakeholders.
Management of water quality will either be based on watershed, river basis or water
resources region. Water quality management areas with similar hydrological,
meteorological or geographic conditions which affect the reaction and diffusion of
pollutants in water bodies are to be designated by the DENR in coordination with the
National Water Resources Board (NWRB)
Management will be localized. Multi-sectoral governing boards will be established to
manage water quality issues within their jurisdiction
Governing Boards shall be composed of representatives of mayors and governors as well
as local government units, representatives of relevant national government agencies, duly
registered non-government organizations, the concerned water utility sector and the
business sector.
The governing boards will formulate strategies to coordinate policies necessary for the
effective implementation of this Act. They will create a multi-sectoral group to establish
and effect water quality surveillance and monitoring.
All owners or operators of facilities that discharge wastewater are required to get a permit
to discharge from the DENR or the Laguna Lake Development Authority. Existing
industries without any permit are given 12 months from the effectivity of the implementing
rules and regulations (IRR) promulgated pursuant to this Act to secure a permit to
discharge.
The Department of Public Works and Highways (DPWH), in coordination with local
government units will prepare a national program on sewage and septage management
not later than 12 months from effectivity of this Act. A priority list will likewise be prepared
Philippine Environmental Laws; NATRES 1 Class 2016-1722

which will be the basis for the allotment of funds on an annual basis by the national
government for the construction and rehabilitation of required facilities.
Local-government units will provide the land including road right of the way for the
construction of sewage and/or septage treatment facilities and raise funds for the
operations and maintenance of said facilities.
The Department of Health (DOH) will formulate guidelines and standards for the
collections, treatment and disposal of sewage as well as the guidelines for the
establishment and operation of centralized sewage treatment system. The MWSS and
other agencies mandated to provide water supply and sewerage facilities are required to
connect existing sewage lines, subject to the payment of sewerage service charges/fees
within five years following effectivity of this Act.
All sources of sewage and septage are required to comply with the law.
Anyone discharging wastewater into a water body will have to pay a wastewater charge.
This economic instrument which will be developed in consultation with all concerned
stakeholders is expected to encourage investments in cleaner production and pollution
control technologies to reduce the amount of pollutants generated and discharged.
Rewards will also be given to those whose wastewater discharge is better that the water
quality criteria of the receiving body of water. Fiscal and non-fiscal incentives will also be
given to LGUs, water districts, enterprise, private entities and individuals who develop and
undertake outstanding and innovative projects in water quality management.
All possible discharges are required to put up an environmental guarantee fund (EGF) as
part of their environmental management plan. The EGF will finance the conservation of
watersheds and aquifers, and the needs of emergency response, clean up or
rehabilitation.

Among other, the Act prohibits the following:


Discharging or depositing any water pollutant to the water body, or such which will
impede natural flow in the water body
Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater
Operating facilities that discharge regulated water pollutants without the valid required
permits
Disposal of potentially infectious medical waste into sea by vessels
Philippine Environmental Laws; NATRES 1 Class 2016-1723

Unauthorized transport or dumping into waters or sewage sludge or solid waste


Transport, dumping or discharge of prohibited chemicals, substances or pollutants
listed under Toxic Chemicals, Hazardous and Nuclear Wastes Control Act (Republic
Act No. 6969)
Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act
Noncompliance of the LGU with the Water Quality Framework and Management Area
Action Plan
Refusal to allow entry, inspection and monitoring as well as access to reports and
records by the DENR in accordance with this Act
Refusal or failure to submit reports and/or designate pollution control officers
whenever required by the DENR in accordance with this Act
Directly using booster pumps in the distribution system or tampering with the water
supply in such a way to alter or impair the water quality
Operate facilities that discharge or allow to seep, willfully or through grave negligence,
prohibited chemicals, substances, or pollutants listed under R.A. No. 6969, into water
bodies
Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D. 1586 and its IRR.
Anyone who commits prohibited acts such as discharging untreated wastewater into any water
body will be fined for every day of violation, the amount of not less than Php 10,000 but not more
than Php 200,000. Failure to undertake clean-up operations willfully shall be punished by
imprisonment of not less than two years and not more than four years. This also includes fine of not
less than Php 50,000 and not more thatPhp 100,000 per day of violation. Failure or refusal to clean
up which results in serious injury or loss of life or lead to irreversible water contamination of
surface, ground, coastal and marine water shall be punished with imprisonment of not less than 6
years and 1 day and not more than 12 years and a fine of Php 500,000/day for each day the
contamination or omission continues. In cases of gross violation, fine of not less thatPhp 500,00 but
not more than Php 3,000,000 will be imposed for each day of violation. Criminal charges may also
be filed.

Philippine Environmental Laws; NATRES 1 Class 2016-1724

P.D. NO. 1067


(December 31, 1976)

THE WATER CODE OF THE


PHILIPPINES: A DECREE
INSTITUTING A WATER CODE,
THEREBY REVISING AND
CONSOLIDATING THE LAWS
GOVERNING THE OWNERSHIP,
APPROPRIATION, UTILIZATION,
EXPLOITATION, DEVELOPMENT,
CONSERVATION AND
PROTECTION OF WATER
RESOURCES

Article 2. The objectives of this Code are:


(a) To establish the basic principles and framework relating to the appropriation, control
and conservation of water resources to achieve the optimum development and rational
utilization of these resources;
(b) To define the extent of the rights and obligations of water users and owners including
the protection and regulation of such rights;
(c) To adopt a basic law governing the ownership, appropriation, utilization, exploitation,
development, conservation and protection of water resources and rights to land related
thereto; and
(d) To identify the administrative agencies which will enforce this Code.

Article 3. The underlying principles of this code are:


(a) All waters belong to the State.
(b) All waters that belong to the State can not be the subject to acquisitive prescription.
(c) The State may allow the use or development of waters by administrative concession.
(d) The utilization, exploitation, development, conservation and protection of water
resources shall be subject to the control and regulation of the government through the
National Water Resources Council, hereinafter referred to as the Council.
(e) Preference in the use and development of waters shall consider current usages and be

Philippine Environmental Laws; NATRES 1 Class 2016-1725

responsive to the changing needs of the country.

Article 4. Waters, as used in this Code, refers to water under the grounds, water above the ground,
water in the atmosphere and the waters of the sea within the territorial jurisdiction of the
Philippines.

R.A. NO. 9483


(June 02, 2007)

OIL POLLUTION COMPENSATION


ACT OF 2007: AN ACT PROVIDING
FOR THE IMPLEMENTATION OF
THE PROVISIONS OF THE 1992
INTERNATIONAL CONVENTI0N ON
CIVIL LIABILITY FOR OIL
POLLUTION DAMAGE AND THE
1992 INTERNATIONAL
CONVENTION ON THE
ESTABLISHMENT OF AN
INTERNATIONAL FUND FOR
COMPENSATION FOR OIL
POLLUTION DAMAGE, PROVIDING
PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER
PURPOSES

SEC. 2. Declaration of Policy. - The State, in the protection of its marine wealth in its archipelagic
waters, territorial sea and exclusive economic zone, adopts internationally accepted measures
which impose strict liability for Oil Pollution Damage and ensure prompt and adequate
compensation for persons who suffer such damage. This Act adopts and implements the provisions
of the 1992 International Convention on Civil Liability for Oil Pollution Damage and the 1992
International Convention on the Establishment of an International Fund for Compensation for Oil
Pollution Damage.
SEC. 6. Liability on Pollution Damage. - The Owner of the Ship at the time of an Incident, or
where the Incident consists of a series of occurrences, at the time of the first such occurrence, shall
be liable for any Pollution Damage caused by the Ship as a result of the Incident. Such damages
shall include, but not limited to:
(a) Reasonable expenses actually incurred in clean-up operations at sea or on shore;
(b) Reasonable expenses of Preventive Measures and further loss or damage caused by
preventive measures;
(c) Consequential loss or loss of earnings suffered by Owners or users of property
contaminated or damaged as a direct result of an Incident;

Philippine Environmental Laws; NATRES 1 Class 2016-1726

(d) Pure economic loss or loss of earnings sustained by persons although the property
contaminated or damaged as a direct result of an Incident does not belong to them;
(e) Damage to human health or loss of life as a direct result of the Incident, including
expenses for rehabilitation and recuperation: Provided, That costs of studies or diagnoses
to determine the long-term damage shall also be included; and
(f) Environmental damages and other reasonable measures of environmental restoration.
c. Pollution from Agricultural Activities
d. Solid Wastes

P.D. NO. 600


(December 9, 1974)

MARINE POLLUTION DECREE OF


1974
(PREVENTION AND CONTROL OF
MARINE POLLUTION)

Section 4. Deposit of Refuse in Navigable Water. It shall be unlawful to throw, discharge, or


deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any
ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing
establishment, or mill of any kind, any refuse matter of any kind or description whatever other than
that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable
water of the Philippines, or into any tributary of any navigable water from which the same shall float
or be washed into such navigable water; and it shall be unlawful to deposit, or cause, suffer or
procure to be deposited material of any kind in any place on the bank of any navigable water or on
the bank of any tributary of any navigable water, where the same shall be liable to be washed into
such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby
navigation shall or may be impeded or obstructed or increase the level of pollution of such waters:
Provided, that nothing herein contained shall extend to, apply to, or prohibit the operations in
connection with the improvement of navigable waters or construction of public works; Provided,
further, That the Commandant, Philippine Coast Guard, whenever in his judgment navigation will
not be injured thereby, may permit the deposit of any material above mentioned in navigable
waters, within limits to be defined and under conditions to be prescribed by him, provided
application is made to him prior to depositing such material; and whenever any permit is so granted
the conditions thereof shall be strictly complied with and any violation thereof shall be unlawful.
Section 5. Prohibition Against Discharge of Oil and Other Harmful Substances. Except in
case of emergency imperiling life or property, or unavoidable accident, collision, or stranding, and
Philippine Environmental Laws; NATRES 1 Class 2016-1727

except as otherwise permitted by regulations prescribed by the Commandant, Philippine Coast


Guard, it shall be unlawful for any person to discharge, or suffer, or permit the discharge of oil,
noxious liquid substances and other harmful substances, by any method, means or manner into or
upon the territorial and inland waters of the Philippines.
Section 6. Penalties for Violations. Any person who violates Sections 4 or 5 of this Decree or any
regulation prescribed in pursuance thereof, shall be liable to a fine of not less than P5,000, or by
imprisonment not exceeding one year nor less than thirty days, or both such fine and imprisonment,
for each offense. Any vessel from which oil or other harmful substances are discharged in violation
of Sections 4 or 5 or any regulation prescribed in pursuance thereof, shall be liable for the
pecuniary penalty specified in this section, and clearance of such vessel from a port of the
Philippines may be withheld until the penalty is paid, and said penalty shall constitute a lien on such
vessel, which may be recovered in proceedings by libel in rem in a court of first instance within
which the vessel may be.
P.D. NO. 825
(November 7, 1975)

PROVIDING PENALTY FOR


IMPROPER DISPOSAL OF
GARBAGE AND OTHER FORMS OF
UNCLEANLINESS AND FOR
OTHER PURPOSES

Section 2. Any person, who shall litter or throw garbage, filth, or other waste matters in public
places, such as roads, canals esteros or parks, shall suffer an imprisonment of not less than 5 days
nor more than one year or a fine of not less than P100 nor more than P2,000.00 or both such fine
and imprisonment at the discretion of the Court or tribunal, without prejudice to the imposition of a
higher penalty under any other law or decree.
If the violator is a corporation, firm, or other corporate entities, the maximum penalty shall be
imposed upon the president, manager, director or persons responsible for its operation.

P.D. NO. 856


(December 23, 1975)

CODE ON SANITATION OF THE


PHILIPPINES

Section 9. Prescribed Standards and procedures. Standards for drinking water and their
bacteriological and chemical examinations, together with the evaluation of results, shall conform to
the criteria set by the National Drinking Water Standards. The treatment of water to render it safe
for drinking, and the disinfection of contaminated water sources together with their distribution
systems shall be in accordance with procedures prescribed by the Department.
Section 87. General Provisions. For the purpose of this Chapter, the provisions of Republic Act No.
Philippine Environmental Laws; NATRES 1 Class 2016-1728

3931, the rules and regulations of the National Water and Air Pollution Control Commission
promulgated in accordance with the provisions of Section 6(a) 2 of the said Act, the provisions of
Presidential Decree No. 480, and the rules and regulations of the Radiation Health Office of the
Department of Health shall be applied and enforced.
Section 88. Authority of the Secretary. The Secretary is authorized to promulgate rules and
regulations for the control and prevention of the following types of pollution:
(a) Pollution of pesticides and heavy metals;
(b) Pollution of food caused by chemicals, biological agents, radioactive materials, and
excessive or improper use of food additives;
(c) Non-ionizing radiation caused by electronic products such as laser beams or
microwaves;
(d) Noise pollution caused by industry, land and air transport and building construction;
(e) Biological pollutants including the causative agents of intestinal infections;
(f) Pollution of agricultural products through the use of chemical fertilizers and plant
pesticides containing toxic chemical substances and unsanitary agricultural practices; and
(g) Any other type of pollution which is not covered by the provisions of Republic Act 3931,
the Rules and Regulations of the National Water and Air Pollution Control Commission,
the provisions of Presidential Decree No. 480 and the rules and regulations of the
Radiation Health Office of the Department of Health which is likely to affect community
Health adversely.

R.A. NO. 9003


(January 26, 2001)

ECOLOGICAL SOLID WASTE


MANAGEMENT ACT OF 2000: AN

Section 2. Declaration of Policies - It is hereby declared the policy of the State to adopt a
systematic, comprehensive and ecological solid waste management program which shall:
Philippine Environmental Laws; NATRES 1 Class 2016-1729

ACT PROVIDING FOR AN


ECOLOGICAL SOLID WASTE
MANAGEMENT PROGRAM,
CREATING THE NECESSARY
INSTITUTIONAL MECHANISMS
AND INCENTIVES, DECLARING
CERTAIN ACTS PROHIBITED AND
PROVIDING PENALTIES,
APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER
PURPOSE

(a) Ensure the protection of the public health and environment;


(b) Utilize environmentally-sound methods that maximize the utilization of valuable
resources and encourage resource conservation and recovery;
(c) Set guidelines and targets for solid waste avoidance and volume reduction through
source reduction and waste minimization measures, including composting, recycling, reuse, recovery, green charcoal process, and others, before collection, treatment and
disposal in appropriate and environmentally sound solid waste management facilities in
accordance with ecologically sustainable development principles;
(d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of
solid waste through the formulation and adoption of the best environmental practice in
ecological waste management excluding incineration;
(e) Promote national research and development programs for improved solid waste
management and resource conservation techniques, more effective institutional
arrangement and indigenous and improved methods of waste reduction, collection,
separation and recovery;
(f) Encourage greater private sector participation in solid waste management;
(g) Retain primary enforcement and responsibility of solid waste management with local
government units while establishing a cooperative effort among the national government,
other local government units, non- government organizations, and the private sector;
(h) Encourage cooperation and self-regulation among waste generators through the
application of market-based instruments;
(i) Institutionalize public participation in the development and implementation of national

Philippine Environmental Laws; NATRES 1 Class 2016-1730

and local integrated, comprehensive, and ecological waste management programs; and
(j) Strength the integration of ecological solid waste management and resource
conservation and recovery topics into the academic curricula of formal and non-formal
education in order to promote environmental awareness and action among the citizenry.

Section 48. Prohibited Acts - The following acts are prohibited:


(1) Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same;
(2) Undertaking activities or operating, collecting or transporting equipment in violation of
sanitation operation and other requirements or permits set forth in established pursuant;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or unsorted wastes;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood
prone areas;
(7) Unauthorized removal of recyclable material intended for collection by authorized
persons;
(8) The mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal;

Philippine Environmental Laws; NATRES 1 Class 2016-1731

(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said
dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally acceptable packaging
materials;
(11) Importation of consumer products packaged in non-environmentally acceptable
materials;
(12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable
content";
(13) Transport and dumplog in bulk of collected domestic, industrial, commercial, and
institutional wastes in areas other than centers or facilities prescribe under this Act;
(14) Site preparation, construction, expansion or operation of waste management facilities
without an Environmental Compliance Certificate required pursuant to Presidential Decree
No. 1586 and this Act and not conforming with the land use plan of the LGU;
(15) The construction of any establishment within two hundred (200) meters from open
dumps or controlled dumps, or sanitary landfill; and
(16) The construction or operation of landfills or any waste disposal facility on any aquifer,
groundwater reservoir, or watershed area and or any portions thereof.

Section 49. Fines and Penalties (a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished
with a fine of not less than Three hundred pesos (P300.00) but not more than One
Philippine Environmental Laws; NATRES 1 Class 2016-1732

thousand pesos (P1,000.00) or render community service for not less than one (1) day to
not more than fifteen (15) days to an LGU where such prohibited acts are committed, or
both;
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished
with a fine of not less than Three hundred pesos (P300.00) but not more than One
thousand pesos (P1,000.00) or imprisonment of not less than one (1) day but to not more
than fifteen (15) days, or both;
(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be
punished with a fine of not less than One thousand pesos (P1,000.00) but not more than
Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to
not more than six (6) months, or both;
(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall,
upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and
amount not less than five percent (5%) but not more than ten percent (10%) of his net
annual income during the previous year.The additional penalty of imprisonment of a
minimum period of one (1) year but not to exceed three (3) years at the discretion of the
court, shall be imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).
(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be
punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than
Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30)
days but not more than three (3) years, or both;
(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be
punished with a fine not less than One hundred thousand pesos (P100,000.00) but not
more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year
but not more than six (6) years, or both.
If the offense is committed by a corporation, partnership, or other juridical identity duly recognized
in accordance with the law, the chief executive officer, president, general manager, managing
partner or such other officer-in-charge shall be liable for the commission of the offense penalized
under this Act.
If the offender is an alien, he shall, after service of the sentence prescribed above, be deported
Philippine Environmental Laws; NATRES 1 Class 2016-1733

without further administrative proceedings. The fines herein prescribed shall be increased by at lest
ten (10%) percent every three (3) years to compensate for inflation and to maintain the deterrent
functions of such fines.
Section 50. Administrative Sanctions - Local government officials and officials of government
agencies concerned who fail to comply with and enforce rules and regulations promulgated relative
to this Act shall be charged administratively in accordance with R.A. 7160 and other existing laws,
rules and regulations
e. Hazardous, Radioactive Wastes

RA NO. 6969

P.D. NO. 979


(August 18, 1976)

TOXIC SUBSTANCES AND


HAZARDOUS AND NUCLEAR
WASTES CONTROL ACT OF 1990

MARINE POLLUTION DECREE OF


1976: PROVIDING FOR THE
REVISION OF PRESIDENTIAL
DECREE NO. 600 GOVERNING
MARINE POLLUTION

This act covers the keeping or storage and disposal of hazardous and nuclear wastes into the
Philippine territorial limits for whatever purpose. To monitor and prevent the entry, even in transit, of
hazardous and nuclear wastes.

Section 2. Statement of Policy. It is hereby declared a national policy to prevent and control the
pollution of seas by the dumping of wastes and other matter which create hazards to human health,
harm living resources and marine life, damage amenities, or interfere with the legitimate uses of the
sea within the territorial jurisdiction of the Philippines.
Section 4. Prohibited Acts. Except in cases of emergency imperiling life or property, or
unavoidable accident, collision, or stranding or in any cases which constitute danger to human life
or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if
damping appears to be the only way of averting the threat and if there is probability that the
damage consequent upon such dumping will be lees than would otherwise occur, and except as
otherwise permitted by regulations prescribed by the National Pollution Control Commission or the
Philippine Coast Guard, it shall be unlawful for any person to:
(a) discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid
substances and other harmful substances from or out of any ship, vessel, barge, or any
other floating craft, or other man-made structures at sea, by any method, means or
manner, into or upon the territorial and inland navigable waters of the Philippines;
(b) throw, discharge or deposit, dump, or cause suffer or procure to be thrown, discharged,
Philippine Environmental Laws; NATRES 1 Class 2016-1734

or deposited either from or out of any ship, barge, or other floating craft of vessel of any
kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse
matter of any kind or description whatever other than that flowing from streets and sewers
and passing therefrom in a liquid state into tributary of any navigable water from which the
same shall float or be washed into such navigable water; and
(c) deposit or cause, suffer or procure to be deposited material of any kind in any place on
the bank of any navigable water or on the bank of any tributary of any navigable water,
where the same shall be liable to be washed into such navigable water, either by ordinary
or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be
impeded or obstructed or increased the level of pollution of such water.

P.D. NO. 984


(August 18, 1976)

NATIONAL POLLUTION CONTROL


DECREE OF 1976: PROVIDING
FOR THE REVISION OF REPUBLIC
ACT NO. 3931, COMMONLY
KNOWN AS THE POLLUTION
CONTROL LAW, AND FOR OTHER
PURPOSES

Section 1. Statement of Policy. It is hereby declared a national policy to prevent, abate and
control pollution of water, air and land for the more effective utilization of the resources of this
country.
Section 8. Prohibitions. No person shall throw, run, drain, or otherwise dispose into any of the
water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain,
allow to seep or otherwise dispose thereto any organic or inorganic matter or any substance in
gaseous or liquid form that shall cause pollution thereof.
No person shall perform any of the following activities without first securing a permit from the
Commission for the discharge of all industrial wastes and other wastes which could cause pollution:
1. the construction, installation, modification or operation of any sewage works or any
extension or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive discharge
specified under any existing permit;
3. the construction, installation or operation of any industrial or commercial establishments
Philippine Environmental Laws; NATRES 1 Class 2016-1735

or any extension or modification thereof or addition thereto, the operation of which would
cause an increase in the discharge of waste directly into the water, air and/or land
resources of the Philippines or would otherwise alter their physical, chemical or biological
properties in any manner not already lawfully authorized.

P.D. NO. 1181

PROVIDING FOR THE


PREVENTION, CONTROL AND
ABATEMENT OF AIR POLLUTION
FROM MOTOR VEHICLES AND
FOR OTHER PURPOSES

Section 1. It is the purpose of this Decree to prevent, control, and abate the emission of air
pollution from motor vehicles in order to protect the health and welfare of the people and to prevent
or minimize damage to property and hazards to land transportation.
Section 3. It shall be unlawful for any owner or operator of a motor vehicle to allow it to discharge
air pollutants at level greater than the acceptable pollutant concentration standards prescribed by
the National Pollution Control Commission with respect to the class of motor vehicles to which said
motor vehicle belongs.
Section 4. The owner or operator of a motor vehicle shall not use his vehicle or cause or allow it to
be used unless such motor vehicle meets the established emission standards.
Section 5. No imported or locally manufactured motor vehicle shall be sold, registered or operated
after the date of effectivity of the implementing rules and regulations of this decree unless it meets
the established emission standards as certified by the National Pollution Control Commission.

59 Phil. 592

Mercado vs. Municipal President of


Macabebe

Creek is merely an arm of a river or extention of a river and must therefore be classified as
property of public dominion.

PRESIDENTIAL
DECREE NO. 1586

ESTABLISHING AN
ENVIRONMENTAL IMPACT
STATEMENT SYSTEM, INCLUDING
OTHER ENVIRONMENTAL
MANAGEMENT RELATED
MEASURES AND FOR OTHER
PURPOSES

There is hereby established an Environmental Impact Statement System founded and based on the
environmental impact statement required, under Section 4 of Presidential Decree No. 1151, of all
agencies and instrumentalities of the national government, including government-owned or
controlled corporations, as well as private corporations, firms and entities, for every proposed
project and undertaking which significantly affect the quality of the environment.

DENR

GENERAL GUIDELINES FOR THE

It is the policy of the DENR to attain and maintain a balance between socioeconomic growth and

3. Techniques Of Environmental Protection

a. Environmental Impact
Assessment

Philippine Environmental Laws; NATRES 1 Class 2016-1736

b. Accountability, Penalties
c. Surveillance and Monitoring

ADMINISTRATIVE
ORDER
NO. 2001-09

ESTABLISHMENT AND
MANAGEMENT
OF THE EIA REVIEW SUPPORT
FUND

environmental protection thru the renewal and conservation of the countrys natural resources,
including the protection and enhancement of the quality of the environment, not only for the present
generation but for the future generation as well.

ADMINISTRATIVE
ORDER NO. 42, S.
2002

RATIONALIZING THE
IMPLEMENTATION OF THE
PHILIPPINE ENVIRONMENTAL
IMPACT STATEMENT (EIS)
SYSTEM AND GIVING AUTHORITY,
IN ADDITION TO THE SECRETARY
OF THE DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, TO THE DIRECTOR
AND REGIONAL DIRECTORS OF
THE ENVIRONMENTAL
MANAGEMENT BUREAU TO
GRANT OR DENY THE ISSUANCE
OF ENVIRONMENTAL
COMPLIANCE CERTIFICATES

It is the policy of the State that optimum economic development shall be achieved without delay
and shall be pursued to ensure that the present generation meets its needs without compromising
the needs of future generations. Hence, a systems-oriented and integrated approach in the
analysis and solution to environmental concerns vis--vis national development programs shall be
implemented.

PD 1856

ESTABLISHING AN
ENVIRONMENTAL IMPACT
STATEMENT SYSTEM, INCLUDING
OTHER ENVIRONMENTAL
MANAGEMENT RELATED
MEASURES AND FOR OTHER
PURPOSES

40 O.G. 7 Supp. 41

Meneses v. Commonwealth

This law requires private corporations, firms or entities including agencies and instrumentalities of
the government to prepare an environmental impact statement (EIS) for every proposed project
and undertaking which significantly affect the quality of the environment.

Because rivers belong to the public, dams and other constructions thereon cannot be made without
Philippine Environmental Laws; NATRES 1 Class 2016-1737

proper authorization.
19 Phil 437

Insular Govt vs. Naval, (CA)

Esterosare public dominion and are therefore non registerable.

L-24281

Taleon vs. Sec. Of Pub. Works and


Communications.

A stream located within private land is still property of public dominion (hence public water) even
if the Torrens title of the land does not show the existence of said stream.

d. Establishment of an Organization
or Organ

International Agreements and


Organizations

United Nations Convention on International Trade in Endangered Species of Wild Fauna


and Flora (CITES)
International Whaling Commission (IWC)
European Union (EU) legislation. It is of fundamental importance to EU member states-and has moved the animal welfare agenda forward markedly.
The Council of Europe (CoE) has also agreed upon a set of animal welfare conventions,
which are comprehensive and provide useful lobbying material for countries in the wider
Europe.
The International Organisation for Animal Health (the OIE),
Convention on Migratory Species (CMS),
Convention on Biological Diversity (CBD),
Universal Declaration on Animal Welfare (UDAW)
United Nations Environmental Programme (UNEP) and the Environmental Assembly
(UNEA)

RA NO. 7638
DEPARTMENT OF ENERGY ACT
OF 1992

Under this act, the Department of Energy was created to prepare, integrate, coordinate, supervise
and control all plans, programs, projects and activities of the government in relation to energy
exploration, development, utilization, distribution and conservation.
Formulate policies for the planning and implementation of a comprehensive program for the
efficient supply and economical use of energy with the policies on environmental protection and
conservation and maintenance of ecological balance, and provide a mechanism for the integration,
Philippine Environmental Laws; NATRES 1 Class 2016-1738

rationalization, and coordination of the various energy programs of the Government

e. Education

1987 PHILIPPINE CONSTITUTION

Art. II, Sec. 16


The State shall protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
Art. XII, Sec. 2
All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces
of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources
are owned by the State.

f. Pollution Restrictions
g. Special Area Management

RA NO. 7942

PHILIPPINE MINING ACT OF 1995

It is the main policy/ legislation which governs all mining operations in the country and includes
various measures to protect the environment and defines areas in which mining can be allowed.
It is the law that regulates mineral resources development in the country.

Philippine Environmental Laws; NATRES 1 Class 2016-1739

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