Environmental Law arose after the Alaska Commercial Company, a
U.S. business that had a Monopoly on killing
A. Basic Concepts
Environment
Environmental Law collective body of rules
and regulations, orders and statutes,
constraints and allowances that are all
concerned with the maintenance and
protection of the natural environment of a
country. Legal basis for measuring active
accountability and liability of environmental
crime or failure to comply with legal provisions.
Legal constraints on economic activities in an
environment.
International Environmental Law
comprised of substantive, procedural,
institutional rules of internal laws which have
for their primary objective the protection of the
environment.
National Environmental Law body of rules,
regulations, statutes, concerned with the
maintenance and protection of the national
environment.
B. Evolution of International
Environmental Law
Pacific Fur Arbitration Case Bearing Sea
Dispute
The Bering Sea Dispute involved a late
nineteenth-century controversy between the
United States on one side and Great Britain and
Canada on the other side over the international
status of the Bering Sea. The dispute was
generated over the U.S. assertion that it
controlled the Bering Sea and all seal hunting
off the coast of Alaska. The dispute, which led
to the seizure of a number of Canadian ships
by the United States, was finally resolved by an
international Arbitration in 1893.
The Bering Sea is the northernmost part of the
Pacific Ocean. After the United States
purchased Alaska from Russia in 1867, it
assumed the right of control over the Bering
Sea that had been held by Russia. The dispute
Principle 6: The discharge of toxic substances
seals for their furs, found that Canadian
hunters were killing seals as they swam
through the ocean each spring toward their
summer homes in the Pribilof Islands. The
Pribilof Islands were part of the U.S. Alaskan
territories. Fearing that the herds would be
killed off by pelagic (open-sea) sealing, the U.S.
government seized several Canadian sealing
vessels in 1886 and instituted condemnation
proceedings in an Alaskan court. The proceeds
were given to the Alaskan Commercial
Company as compensation.
These actions outraged the Canadian and
British governments, who disputed the U.S.
claim that it controlled not just the three-miles
of sea bordering the Pribilof Islands but the
entire Bering Sea. After several years of
tensions and additional vessel seizures, the
three countries agreed to arbitration by an
international tribunal in Paris. The tribunal
issued its decision in 1893. It rejected the U.S.
claim of total control of the Bering Sea and
awarded the Canadian owners of the seized
ships $473,000 in damages. The tribunal also
imposed restrictions on pelagic sealing, but it
failed to control the problem. In 1911 the
United States, Great Britain, Russia, and Japan
signed a treaty that prohibited pelagic sealing
for a period of time and then placed limits on
how many seals could be hunted. The
agreement was an important step in seeking
international consensus on environmental
matters.
Stockholm Declarations - United Nations
Conference on the Human Environment
Principle 1: Man has the fundamental right to
freedom, equality and adequate conditions of
life, in an environment of a quality that permits
a life of dignity and well-being, and he bears a
solemn responsibility to protect and improve
the environment for present and future
generations. In this respect, policies promoting
or perpetuating apartheid, racial segregation,
discrimination, colonial and other forms of
oppression and foreign domination stand
condemned and must be eliminated.
or of other substances and the release of heat,
in such quantities or concentrations as to
exceed the capacity of the environment to
render them harmless, must be halted in order
to ensure that serious or irreversible damage is
not inflicted upon ecosystems. The just
struggle of the peoples of ill countries against
pollution should be supported.
Principle 12: Resources should be made
available to preserve and improve the
environment, taking into account the
circumstances and particular requirements of
developing countries and any costs which may
emanate- from their incorporating
environmental safeguards into their
development planning and the need for making
available to them, upon their request,
additional international technical and financial
assistance for this purpose.
Principle 13:In order to achieve a more
rational management of resources and thus to
improve the environment, States should adopt
an integrated and coordinated approach to
their development planning so as to ensure
that development is compatible with the need
to protect and improve environment for the
benefit of their population.
Principle 21: States have, in accordance with
the Charter of the United Nations and the
principles of international law, the sovereign
right to exploit their own resources pursuant to
their own environmental policies, and the
responsibility to ensure that activities within
their jurisdiction or control do not cause
damage to the environment of other States or
of areas beyond the limits of national
jurisdiction.
Principle 22: States shall cooperate to
develop further the international law regarding
liability and compensation for the victims of
pollution and other environmental damage
caused by activities within the jurisdiction or
control of such States to areas beyond their
jurisdiction.
Principle 23: Without prejudice to such
criteria as may be agreed upon by the
international community, or to standards which
will have to be determined nationally, it will be
essential in all cases to consider the systems of
values prevailing in each country, and the
extent of the applicability of standards which
are valid for the most advanced countries but
which may be inappropriate and of
unwarranted social cost for the developing
countries.
Principle 24: International matters concerning
the protection and improvement of the
environment should be handled in a
cooperative spirit by all countries, big and
small, on an equal footing.
Cooperation through multilateral or bilateral
arrangements or other appropriate means is
essential to effectively control, prevent, reduce
and eliminate adverse environmental effects
resulting from activities conducted in all
spheres, in such a way that due account is
taken of the sovereignty and interests of all
States.
Nuclear Tests Case (Australia & New
Zealand v. France)
Procedural History:
Proceeding before the International Court of
Justice.
Overview:
Australia and New Zealand (P) demanded that
France (D) cease atmospheric nuclear tests in
the South Pacific. France (D) completed a
series of nuclear tests in the South Pacific.
Australia and New Zealand (P) applied to
the !.C.). demanding that France (D) cease
testing immediately. While the case was
pending, France (D) announced the series of
tests was complete and that it did not plan any
further such tests. France (D) moved to dismiss
the applications.
Issue:
May declarations made by way of unilateral
acts have the effect of creating legal
obligations?
Rule:
Declarations made by way of unilateral acts
may have the effect of creating legal
obligations.
Analysis:
The unilateral statements made by French
authorities were first communicated to the
government of Australia. To have legal effect
there was no need to the statements to be
directed to any particular state. The general
nature and characteristics of the statements
alone were relevant for evaluation of their legal
implications.
Outcome:
Yes. Declarations made by way of unilateral
acts may have the effect of creating legal
obligations. The sole relevant question is
whether the language employed in any given
declaration reveals a clear intention. One of
the basic principles governing the creation and
performance of legal obligations is the principle
of good faith. The statements made by the
President of the French Republic must be held
to constitute an engagement of the State in
regard to the circumstances and intention with
which they were made. The statements made
by the French authorities are therefore relevant
and legally binding. Applications dismissed.
C. Principles of Environmental Law
Permanent sovereignty of State over
natural resources and the obligation not
to cause harm Principle 21
Sustainable development development
that meets the need not only in the present
generation, but for generation to come
Precautionary principle - In order to protect
the environment, the precautionary approach
shall be widely applied by States according to
their capabilities. Where there are threats of
serious or irreversible damage, lack of full
scientific certainty shall not be used as a
reason for postponing cost-effective measures
to prevent environmental degradation
Polluters pay principle - National authorities
should endeavor to promote the internalization
of environmental costs and the use of
economic instruments, taking into account the
approach that the polluter should, in principle,
bear the cost of pollution, with due regard to
the public interest and without distorting
international trade and investment.
Common but differentiated principle -
States shall cooperate in a spirit of global
partnership to conserve, protect and restore
the health and integrity of the Earth's
ecosystem. In view of the different
contributions to global environmental
degradation, States have common but
differentiated responsibilities. The developed
countries acknowledge the responsibility that
they bear in the international pursuit to
sustainable development in view of the
pressures their societies place on the global
environment and of the technologies and
financial resources they command.
Preventive action prevention of damage to
environment, or otherwise, to reduce, limit or
control activities which might cause or risk
such damage
Intergenerational responsibility - every
generation has a responsibility to the next to
preserve that rhythm and harmony for the full
enjoyment of a balanced and healthful ecology.
Put a little differently, the right to a sound
environment constitutes, at the same time, the
performance of their obligation to ensure the
protection of that right for the generations to
come
Environmental Justice fair treatment and
meaningful involvement of all people
regardless of race, color, or sex with respect to
the development, implementation and
enforcement of environmental laws,
regulations and policies
D. Common Legal Mechanisms of
Environmental Protection
1. Prohibiting and Restricting
Activities and Substances

Polluting activities - If an activity, product or
process presents a substantial risk of
environmental harm, strict measures can be
imposed in an effort to reduce or eliminate the
harm. When the likelihood of risk is too great, a
complete prohibition can be enacted.
Environmental laws often call for restricting or
banning hazardous products, processes or
activities.
Use of biological resources - Hunting and
collecting restrictions are used to prohibit non-
selective means of killing or capturing
specimens of wildlife. More generally,
protective measures may restrict injury to and
destruction or taking of some or all wild plants
and animals
2. Product and Process Standards
a. Process standards specify design
requirements or operating procedures
applicable to fixed installations such as
factories or may designate permissible
means and methods of activities like
hunting or fishing. Sometimes, a
particular production process or
technique is imposed on operations,
such as the installation of purification
or filtration systems in production
facilities. Process standards often are
used to regulate the operations of
hazardous activities posing a risk of
accidents or other dangers.
b. Product standards are used for items
that are created or manufactured for
sale or distribution. Such standards
may regulate:
The physical or chemical composition
of items such as pharmaceuticals or
detergents. Examples include
regulations that control the sulphur
content of fuels or list substances
whose presence is forbidden in certain
products, for instance, mercury in
pesticides.
The technical performance of products,
such as maximum levels of pollutant or
noise emissions from motor vehicles or
specifications of required product
components such as catalytic
converters
The handling, presentation and
packaging of products, particularly
those that are toxic. Packaging
regulations may focus on waste
minimization and safety.
Labeling requirements are used to
ensure that consumers are aware of
the contents and the permissible uses
of products. Labeling requirements
often aim to avoid accidental
environmental harm through misuse,
spills or improper disposal of the
product. Eg. green or ecolabel
c. Emission Standards
Emission standards specify the quantity or
concentration of pollutants that can be emitted
in discharges from a specific source. As a
general rule, emission standards apply to fixed
installations, such as factories or homes;
mobile sources of pollution are more often
regulated by product standards.
d. Ambient emission standard
Ambient quality standards fix the maximum
allowable level of pollution in an environmental
sector during normal periods.
3. Licensing and Permits
4. Prior Informed Consent
Prior informed consent (PIC) is a procedural
mechanism utilized in advance of activities in
order to avoid potential conflict and reduce the
risks of environmental or social harm.
5. Environmental Impact Assessment
Environmental impact assessment (EIA) seeks
to ensure that adequate and early information
is obtained on likely environmental
consequences of development projects, on
possible alternatives, and on measures to
mitigate harm
6. Land Use Regulation
Land use controls play a major role in
environmental law for both urban and rural
areas, through zoning, physical planning, and
the creating of protected areas.
II. International Responses to
Environmental Issues
A. Conferences/Declarations on the
Environment
1. United Nations Conference on
Environment and Development
(June 1992) the primary goal is to
establish a new and equitable global
partnership through the creation of
new levels of cooperation among
states, key sectors of societies and
people, and to work towards
international agreements which
respects the interest of all and protect
the integrity of the global
environmental and developmental
system. It also recognizes the integral
and independent nature of the Earth.
2. World Charter of Nature (1982) It
proclaims five "principles of conservation by which
all human conduct affecting nature is to be guided
and judged."
a. Nature shall be respected and its
essential processes shall not be
impaired.
b. The genetic viability on the earth shall
not be compromised; the population
levels of all life forms, wild and
domesticated, must be at least sufficient
for their survival, and to this end
necessary habitats shall be
safeguarded.
c. All areas of the earth, both land and
sea, shall be subject to these principles
of conservation; special protection shall
be given to unique areas, to
representative samples of all the
different types of ecosystems and to the
habitats of rare or endangered species.
d. Ecosystems and organisms, as well as
the land, marine and atmospheric
resources that are utilized by man, shall
be managed to achieve and maintain
optimum sustainable productivity, but
 not in such a way as to endanger the
integrity of those other ecosystems or
species with which they coexist.
e. Nature shall be secured against
degradation caused by warfare or other
hostile activities.
3. Stockholm Conference on the
Human Environment (1972)
purpose is to discuss the state of global
environment. 26 principles.
B. Conventions on Climate Change
and the Ozone Layer
1. UN Framework Convention on
Climate Change (UNFCCC) (1992)
The main objective is to achieve, in
accordance with the relevant provisions
of the Convention, stabilization of
greenhouse gas concentrations in the
atmosphere at a level that would
prevent dangerous anthropogenic
(originating in human activity)
interference with the climate system.
2. Vienna Convention for the
Protection of the Ozone Layer
(1985) the convention is aimed at
addressing the adverse effects of
human technology and development to
the ozone layer which is the layer of
atmospheric ozone above the planetary
boundary layer
3. Montreal Protocol on Substances
that Deplete the Ozone Layer
(1987) is a legally binding
international agreement to gradually
reduce and eliminate consumption of
ozone depleting substances (ODS).
4. Amendments to the Montreal
Protocol, London (1990) and
Copenhagen (1992)
5. Kyoto Protocol to the UNFCCC
(1997) main objective was to
establish a legally binding international
agreement, whereby all the
participating nations would commit
themselves to tackling the issue of
global warming and greenhouse gas
emissions.
C. Convention on Biological Diversity
and Related Agreements
1. Convention on International Trade
in Endangered Species of Fauna
and Flora (CITES) (1973) its
objective is to ensure the protection of
wild fauna and flora against over-
exploitation through international
trade.
2. Convention on Biological Diversity
(CBD) (1992) is aimed at (1) the
conservation of biological diversity, (2)
the sustainable use of its components,
and (3) the fair and equitable sharing
of the benefits arising out of the
utilization of genetic resources
3. Cartagena Protocol on Biosafety
aims to ensure the safe handling,
transport, and use of living modified
organisms (LMOs) resulting from
modern biotechnology that may have
adverse effects on biological diversity,
taking also into account risks to human
health, and specifically focusing on
transboundary movements.
4. Nagoya Protocol on Access and
Benefit Sharing (2010) is an
international agreement which aims at
sharing the benefits arising from the
utilization of genetic resources in a fair
and equitable way, including by
appropriate access to genetic
resources and by appropriate transfer
of relevant technologies, taking into
account all rights over those resources
and to technologies, and by
appropriate funding, thereby
contributing to the conservation of
biological diversity and the sustainable
use of its components.
D. Environmental Threats from
Hazardous Toxic Wastes
1. International convention for the
Protection of the Sea by Oil (1963)
aimed to take action to prevent
pollution of the sea by oil discharged
from ships.
2. Prevention of Marine Pollution and
Waste Dumping (MARPOL) (1972)
is the main international convention
covering prevention of pollution of
marine environment by ships from
operational or accidental causes.
3. Basel Convention (1989) first
global environmental treaty addressing
the international transfer of hazardous
wastes. The main purpose of the
Convention is to regulate the
transboundary movement of toxic and
hazardous wastes.
4. Rotterdam Convention (1998) The
objective of this Convention is to
promote shared responsibility and
cooperative efforts among Parties in
the international trade of certain
hazardous chemicals in order to protect
human health and environment from
potential harm and to contribute to
their environmentally sound use, by
facilitating information exchange about
their characteristics, by providing for a
national decision-making process on
their import and export and by
disseminating these decisions to the
Parties.
5. Stockholm Convention on
Persistent Organic Pollutants
(2001) objective is to protect human
health and the environment from
persistent organic pollutants
III. Philippine Responses to Environmental
Issues
B. Philippine Legal Framework for
Environmental Protection
I. 1987 Constitution
Art. I. NATIONAL TERRITORY
The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves,
and other submarine areas. The waters around,
between, and connecting the islands of the
archipelago, regardless of their breadth and
dimensions, form part of the internal waters of
the Philippines.
ARTICLE II. DECLARATION OF PRINCIPLES
AND STATE POLICIES PRINCIPLES
State Policies
Sec. 15. The State shall protect and promote
the right to health of the people and instill
health consciousness among them.
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.
Sec. 25. The State shall ensure the autonomy
of local governments.
ARTICLE III. BILL OF RIGHTS
Sec. 1. No person shall be deprived of life,
liberty, or property without due process of law,
nor shall any person be denied the equal
protection of the laws.
Sec. 2. The right of the people to be secure in
their persons, houses, papers, and effects
against unreasonable searches and seizures of
whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause
to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may
produce, and particularly describing the place
to be searched and the persons or things to be
seized.
Sec. 7. The right of the people to information
on matters of public concern shall be
recognized. Access to official records, and to
documents and papers pertaining to official
acts, transactions, or decisions, as well as to
government research data used as basis for
policy development, shall be afforded the
citizen, subject to such limitations as may be
provided by law.
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
Sec. 1. The goals of the national economy are a
more equitable distribution of opportunities,
income, and wealth; a sustained increase in the
amount of goods and services produced by the
nation for the benefit of the people; and an
expanding productivity as the key to raising the
quality of life for all, especially the
underprivileged.
The State shall promote industrialization and
full employment based on sound agricultural
development and agrarian reform, through
industries that make full of efficient use of
human and natural resources, and which are
competitive in both domestic and foreign
markets. However, the State shall protect
Filipino enterprises against unfair foreign
competition and trade practices.
In the pursuit of these goals, all sectors of the
economy and all region s of the country shall
be given optimum opportunity to develop.
Private enterprises, including corporations,
cooperatives, and similar collective
organizations, shall be encouraged to broaden
the base of their ownership.
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. With the exception of agricultural lands,
all other natural resources shall not be
alienated. The exploration, development, and
utilization of natural resources shall be under
the full control and supervision of the State.
The State may directly undertake such
activities, or it may enter into co-production,
joint venture, or production-sharing
agreements with Filipino citizens, or
corporations or associations at least 60 per
centum of whose capital is owned by such
citizens. Such agreements may be for a period
not exceeding twenty-five years, renewable for
not more than twenty-five years, and under
such terms and conditions as may provided by
law. In cases of water rights for irrigation, water
supply, fisheries, or industrial uses other than
the development of waterpower, beneficial use
may be the measure and limit of the grant.
The State shall protect the nations marine
wealth in its archipelagic waters, territorial sea,
and exclusive economic zone, and reserve its
use and enjoyment exclusively to Filipino
citizens.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino
citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and fish
workers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with
foreign-owned corporations involving either
technical or financial assistance for large-scale
exploration, development, and utilization of
minerals, petroleum, and other mineral oils
according to the general terms and conditions
provided by law, based on real contributions to
the economic growth and general welfare of
the country. In such agreements, the State
shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every
contract entered into in accordance with this
provision, within thirty days from its execution.
Sec. 7. Save in cases of hereditary succession,
no private lands shall be transferred or
conveyed except to individuals, corporations,
or associations qualified to acquire or hold
lands of the public domain.
Sec. 11. No franchise, certificate, or any other
form of authorization for the operation of a
public utility shall be granted except to citizens
of the Philippines or to corporations or
associations organized under the laws of the
Philippines, at least sixty per centum of whose
capital is owned by such citizens; nor shall
such franchise, certificate, or authorization be
exclusive in character or for a longer period
than fifty years. Neither shall any such
franchise or right be granted except under the
condition that it shall be subject to
amendment, alteration, or repeal by the
Congress when the common good so requires.
The State shall encourage equity participation
in public utilities by the general public. The
participation of foreign investors in the
governing body of any public utility enterprise
shall be limited to their proportionate share in
its capital, and all the executive and managing
officers of such corporation or association must
be citizens of the Philippines.
Sec. 12. The State shall promote the
preferential use of Filipino labor, domestic
materials and locally produced goods, and
adopt measures that help make them
competitive.
Sec. 14. The sustained development of a
reservoir of national talents consisting of
Filipino scientists, entrepreneurs, professionals,
managers, high-level technical manpower and
skilled workers and craftsmen in all fields shall
be promoted by the State. The State shall
encourage appropriate technology and
regulate its transfer for the national benefit.
The practice of all professions in the Philippines
shall be limited to Filipino citizens, save in
cases prescribed by law.
Sec. 22. Acts which circumvent or negate any
of the provisions of this Article shall be
considered inimical to the national interest and
subject to criminal and civil sanctions, as may
be provided by law.
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Sec. 1. The Congress shall give highest priority
to the enactment of measures that protect and
enhance the right of all the people to human
dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by
equitably diffusing wealth and political power
for the common good.
To this end, the State shall regulate the
acquisition, ownership, use, and disposition of
property and its increments.
Sec. 2. The promotion of social justice shall
include the commitment to create economic
opportunities based on freedom of initiative
and self-reliance.
AGRARIAN AND NATURAL RESOURCES
REFORM
Sec. 7. The State shall protect the rights of
subsistence fishermen, especially of local
communities, to the preferential use of the
communal marine and fishing resources, both
inland and offshore. It shall provide support to
such fishermen through appropriate technology
and research, adequate financial, production,
and marketing assistance, and other services.
The State shall also protect, develop, and
conserve such resources. The protection shall
extend to offshore fishing grounds of
subsistence fishermen against foreign
intrusion. Fishworkers shall receive a just share
from their labor in the utilization of marine and
fishing resources.
ROLE AND RIGHTS OF PEOPLE'S
ORGANIZATIONS
Sec. 15. The State shall respect the role of
independent people's organizations to enable
the people to pursue and protect, within the
democratic framework, their legitimate and
collective interests and aspirations through
peaceful and lawful means.
People's organizations are bona fide
associations of citizens with demonstrated
capacity to promote the public interest and
with identifiable leadership, membership, and
structure.
Sec. 16. The right of the people and their
organizations to effective and reasonable
participation at all levels of social, political, and
economic decision-making shall not be
abridged. The State shall, by law, facilitate the
establishment of adequate consultation
mechanisms.
II. Case Law
Minors Oposa v. Factoran
G.R. No. 101083
July 30, 1993
Issue: WON the petitioners can sue in behalf
of the future generation
Held:
Yes. Under the principle of
intergenerational responsibility, every
generation has a responsibility to the next to
preserve that rhythm and harmony for the full
enjoyment of a balanced and healthful ecology.
Put a little differently, the right to a sound
environment constitutes, at the same time, the
performance of their obligation to ensure the
protection of that right for the generations to
come
Valmonte v. Belmonte
G.R No. 74930
February 13, 1989
Issue: WON the petitioners are entitled to the
documents sought, by virtue of their
constitutional right to information
Held: Art. III, Sec. 7.
Legazpi v. CSC
G.R. No. 72119
May 29, 1987
Issue: WON the petitioners are entitled to the
right to be informed about the civil service
eligibilities.
Held: Art. III, Sec. 7.
Leatch v. Natural Parks and Wildlife
Services
81 LGERA 270
1993
Shoalhaven City Council applied for a licence to
take or kill endangered fauna for the purposes
of constructing a link road through North Nowra
to the Princes Highway. The Director-General
granted a general licence subject to conditions.
However, under s.92B(5) of the National Parks
and Wildlife Act1974 (NSW), any person who
made a submission may appeal the Director-
Generals decision to grant a licence. Ms May
Leatch did just that.
While it was determined by Stein J of the NSW
Land & Environment Court that there was no
requirement placed on the Director-General to
consider the precautionary principle, His
Honour stated that (at 282 - 283): the
potential for serious or irreversible harm to an
endangered fauna and the adoption of a
cautious approach in protection of endangered
fauna is clearly consistent with the subject
matter, scope and purpose of the Act3.
The precautionary principle is a statement of
commonsense It is directed towards the
prevention of serious or irreversible harm to
the environment in situations of scientific
uncertainty. Its premise is that where the
uncertainty or ignorance exists concerning the
nature or scope of the environmental harm
(whether this follows from policies, decisions or
activities), decision-makers should be cautious.
Based on these statements and the fact that
there was no conclusive evidence concerning
the key issues surrounding the endangered
fauna, there was little degree of certainty that
Stein J could use to warrant the approval of the
license.
The license was therefore refused.
Cruz v. Secretary of Environment and
Natural Resources
G.R. No. 135385
December 6, 2000
Justice Puno (Separate Opinion)
The Regalian doctrine was enshrined in the
1935 Constitution. One of the fixed and
dominating objectives of the 1935
Constitutional Convention was the
nationalization and conservation of the natural
resources of the country. There was an
overwhelming sentiment in the Convention in
favor of the principle of state ownership of
natural resources and the adoption of the
Regalian doctrine. State ownership of natural
resources was seen as a necessary starting
point to secure recognition of the state's power
to control their disposition, exploitation,
development, or utilization. The delegates to
the Constitutional Convention very well knew
that the concept of State ownership of land and
natural resources was introduced by the
Spaniards, however, they were not certain
whether it was continued and applied by the
Americans. To remove all doubts, the
Convention approved the provision in the
Constitution affirming the Regalian doctrine.
Thus, the 1935 Constitution, in Section 1 of
Article XIII on "Conservation and Utilization of
Natural Resources," reads as follows:
"Sec. 1. All agricultural, timber, and mineral
lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all
forces of potential energy, and other natural
resources of the Philippines belong to the
State, and their disposition, exploitation,
development, or utilization shall be limited to
citizens of the Philippines, or to corporations or
associations at least sixty per centum of the
capital of which is owned by such citizens,
subject to any existing right, grant, lease, or
concession at the time of the inauguration of
the Government established under this
Constitution. Natural resources, with the
exception of public agricultural land, shall not
be alienated, and no license, concession, or
lease for the exploitation, development, or
utilization of any of the natural resources shall
be granted for a period exceeding twenty-five
years, except as to water rights for irrigation,
water supply, fisheries, or industrial uses other
than the development of water power, in which
cases beneficial use may be the measure and
the limit of the grant."
The 1973 Constitution reiterated the Regalian
doctrine in Section 8, Article XIV on the
"National Economy and the Patrimony of the
Nation," to wit:
"Sec. 8. All lands of the public domain, waters,
minerals, coal, petroleum and other mineral
oils, all forces of potential energy, fisheries,
wildlife, and other natural resources of the
Philippines belong to the State. With the
exception of agricultural, industrial or
commercial, residential, and resettlement lands
of the public domain, natural resources shall
not be alienated, and no license, concession, or
lease for the exploration, development,
exploitation, or utilization of any of the natural
resources shall be granted for a period
exceeding twenty-five years, renewable for not
more than twenty-five years, except as to
water rights for irrigation, water supply,
fisheries, or industrial uses other than the
development of water power, in which cases
beneficial use may be the measure and the
limit of the grant."
The 1987 Constitution reaffirmed the Regalian
doctrine in Section 2 of Article XII on "National
Economy and Patrimony," to wit:
"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. With the exception of agricultural lands,
all other natural resources shall not be
alienated. The exploration, development and
utilization of natural resources shall be under
the full control and supervision of the State.
The State may directly undertake such
activities or it may enter into co-production,
joint venture, or production-sharing
agreements with Filipino citizens, or
corporations or associations at least sixty per
centum of whose capital is owned by such
citizens. Such agreements may be for a period
not exceeding twenty-five years, renewable for
not more than twenty-five years, and under
such terms and conditions as may be provided
by law. In cases of water rights for irrigation,
water supply, fisheries, or industrial uses other
than the development of water power,
beneficial use may be the measure and limit of
the grant.
Simply stated, all lands of the public domain as
well as all natural resources enumerated
therein, whether on public or private land,
belong to the State. It is this concept of State
ownership that petitioners claim is being
violated by the IPRA.
C. Environmental Laws and Selected
Jurisprudence
I. Philippine Environmental
Impact Statement
Philippine Environmental Policy (PD 1151)
(1971)
Sec. 3. Right to a Healthy Environment. In
furtherance of these goals and policies, the
Government recognizes the right of the people
to a healthful environment. It shall be the duty
and responsibility of each individual to
contribute to the preservation and
enhancement of the Philippine environment.
Sec. 4. Environmental Impact Statements.
Pursuant 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 every action,
project or undertaking which significantly
affects the quality of the environment a detail
statement on
(a) the environmental impact of the proposed
action, project or undertaking
(b) any 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 productivity 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.
Before an environmental impact statement is
issued by a lead agency, all agencies having
jurisdiction over, or special expertise on, the
subject matter involved shall comment on the
draft environmental impact statement made by
the lead agency within thirty (30) days from
receipt of the same.
Philippine Environmental Code (PD 1152)
(1972)
Chapter I: Standards
Section 3: Ambient Air Quality Standards
There shall be established ambient air quality
standards which shall prescribe the maximum
concentration of air pollutants permissible in
the atmosphere consistent with public health,
safety and general welfare.
In the establishment of ambient air quality
standards, factors such as local atmospheric
conditions, location and land use, and available
technology, shall be considered among others.
TITLE II: WATER QUALITY MANAGEMENT
Sec. 14. Purposes. It is the purpose of this
Title to prescribe management guidelines
aimed to protect and improve the quality of
Philippine water resources through:
a. classification of Philippine waters;
b. establishment of water quality
standards;
c. protection and improvement of the
quality of Philippine water resources;
and
d. responsibilities for surveillance and
mitigation of pollution incidents.
TITLE III: LAND USE MANAGEMENT
Section 22. Purposes. The purposes of this
Title are:
a. to provide a rational, orderly and
efficient acquisition, utilization and
disposition of land its resources in
order to derive therefrom maximum
benefits; and
b. to encourage the prudent use and
conservation of land resources in order
to prevent an imbalance between the
nations needs and such resources.
TITLE IV: NATURAL RESOURCES
MANAGEMENT AND CONSERVATION
Sec. 25. Purposes. The purpose of this Title
are:
a. to provide the basics on the
management and conservation of the
countrys natural resources to obtain
the optimum benefits therefrom and to
preserve the same for the future
generations; and
b. to provide general measures through
which the aforesaid policy may be
carried out effectively.
Sec. 27. Measures for Rational
Exploitation. Measures for the rational
exploitation of fisheries and other aquatic
esources may include, but shall not be limited
to, the following:
a. undertaking manpower and expertise
development;
b. acquiring the necessary facilities and
equipment;
c. regulating the marketing of threatened
species of fish or other aquatic
resources;
d. reviewing all existing rules and
regulations on the exploitation of
fisheries and aquatic resources with a
view to formulating guidelines for the
systematic and effective enforcement
thereof; and
e. conserving the vanishing species of
fish and aquatic resources such as
turtles, sea snakes, crocodiles, corals,
as well as maintaining the mangrove
areas, marshes and inland areas, coral
reef areas and islands serving as
sanctuaries for fish and other aquatic
life.
Sec. 31. Measures for Rational
Exploitationof Forest Resources. Measures
for the rational exploitation of forest resources
may include, but shall not be limited to the
following:
a. regulating the marketing of threatened
forest resources;
b. reviewing all existing rules and
regulations on the exploitation of forest
resources with a view of formulating
guidelines for the systematic and
efficient enforcement thereof;
c. conserving threatened species of flora
as well as increasing their rate of
propagation; the banning of destructive
modes of exploitation, kaingin making
or shifting cultivation, indiscriminate
harvesting of minor forest products, the
recycling methods of waste materials;
and
d. carrying out a continuing effort on
reforestation; timber stand
improvement; forest protection; land
classification; forest occupancy
management; agri-silviculture; range
management; agrisilvicultural/kaingin
management; multiple use forest;
timber management; and forest
research.
Sec. 33. Use of Fertilizers and Pesticides.
The use of fertilizers and pesticides in
agriculture shall be regulated, prescribing
therefore a tolerance level in their use. Their
use shall be monitored by appropriate
government agencies to provide empirical data
for effective regulation.
Sec. 41. Measures for Exploitation and
Utilization of Mineral Resources. Measures
for the gainful exploitation and rational and
efficient utilization of such mineral resources
may include, but shall not be limited to, the
following:
a. increasing research and development
in mineral resources technology;
b. training of additional technical
manpower needed in geology,
geophysics, mining engineering, and
related fields;
c. regulating the exploitation of identified
mineral reserves;
d. accelerating the exploitation of
undiscovered mineral deposits; and
e. encouraging the establishment of
processing plants for refined metal.
TITLE V: WASTE MANAGEMENT
Sec. 42. Purposes. The purposes of this Title
are:
a. to set guidelines for waste
management with a view to ensuring
its effectiveness;
b. to encourage, promote and stimulate
technological, educational, economic
and social efforts to prevent
environmental damage and
unnecessary loss of valuable resources
of the nation through recovery,
recycling and re-use of wastes and
waste products; and
c. to provide measures to guide and
encourage appropriate government
agencies in establishing sound,
efficient, comprehensive and effective
waste management.
Sec. 44.Responsibility of Local
Government. Each province, city or
municipality shall provide measures to
facilitate collection, transportation, processing
and disposal of waste within its jurisdiction in
coordination with other government agencies
concerned. For this purpose, the national
government shall provide the necessary
subsidy to local governments upon request
made through the National Environmental
Protection Council and subject to such terms
and conditions as the latter may provide.
Sec. 62(e). Water Quality Standard means a
plan that is established by governmental
authority as a program for water pollution
prevention and abatement. Such standard may
include water classification and the criteria to
support the uses of the water.
Environmental Impact Assessment
System (PD 1586) (1978)
Sec. 2. Environmental Impact Statement
System.
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.
Sec. 4. Presidential Proclamation of
Environmentally Critical Areas and
Projects
The President of the Philippines may, on his
own initiative or upon recommendation of the
National Environmental Protection Council, by
proclamation declare certain projects,
undertakings or areas in the country as
environmentally critical. No person, partnership
or corporation shall undertake or operate any
such declared environmentally critical project
or area without first securing an Environmental
Compliance Certificate issued by the President
or his duly authorized representatives. For the
proper management of said critical project or
area, the President may by his proclamation
reorganize such government offices, agencies,
institutions, corporations or instrumentalities
including the re-alignment of government
personnel, and their specific functions and
responsibilities. For the same purpose as
above, the Ministry of Human Settlements
shall:
a. prepare the proper land or water use
pattern for said critical project(s) or
area(s);
b. establish ambient environmental
quality standards;
c. develop a program of environmental
enhancement or protective measures
against calamitous factors such as
earthquake, floods, water erosion and
others, and
 d. perform such other functions as may
be directed by the President from time
to time.
PROCLAIMING CERTAIN AREAS AND TYPES
OF PROJECTS AS ENVIRONMENTALLY
CRITICAL AND WITHIN THE SCOPE OF THE
ENVIRONMENTAL IMPACT STATEMENT
SYSTEM ESTABLISHED UNDER
PRESIDENTIAL DECREE NO. 1586 (PD
2146) (1981)
WHEREAS, it is the national policy to attain and
maintain a rational and orderly balance
between socioeconomic
growth and environmental conservation and
protection;
A. Environmentally Critical Projects
1. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical
industries including oil and gas
d. Smelting plants
2. Resource Extractive Industries
a. Major mining and quarrying
projects
b. Forestry projects
i. Logging
ii. Major wood processing
projects
iii. Introduction of fauna
(exotic-animals) in
public/private forests
iv. Forest occupancy
v. Extraction of mangrove
products
vi. Grazing
c. Fishery Projects
i. Dikes for fishpond
development projects
3. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-
fueled, nuclear fueled,
hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges.
B. Environmentally Critical Areas
1. All areas declared by law as national
parks, watershed reserves, wildlife
preserves and sanctuaries;
2. Areas set aside as aesthetic potential
tourist spots;
3. Areas which constitute the habitat for
any endangered or threatened species
of indigenous Philippine Wildlife (flora
and fauna);
4. Areas of unique historic, archaeological
, or scientific interests;
5. Areas which are traditionally occupied
by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit
by natural calamities geologic hazards,
floods, typhoons, volcanic activity, etc.
7. Areas with critical slopes;
8. Areas classified as prime agricultural
lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or
any combination of the following
conditions;;
a. tapped for domestic purposes;
b. within the controlled and/or
protected areas declared by
appropriate authorities;
c. which support wildlife and
fishery activities.
11. Mangrove areas characterized by one
or any combination or the following
conditions:
a. with primary pristine and dense
young growth;
b. adjoining mouth of major river
systems;
c. near or adjacent to traditional
productive fry or fishing
grounds;
d. which act as natural buffers
against shore erosion, strong
winds and storm floods;
e. on which people are dependent
for their livelihood.
12. Coral reef characterized by one or any
combination of the following
conditions:
a. with 50% and above live
coralline cover;
b. Spawning and nursery grounds
for fish;
c. Which act as natural
breakwater of coastlines.
Case on Environmental Compliance
Certificates (ECCs)
Republic of the Philippines v. City of
Davao
G.R. No. 148622
September 12, 2002
Issue: Whether or not LGUs are excluded from
securing ECC
Held:
Section 15 of Republic Act 7160, otherwise
known as the Local Government Code, defines
a local government unit as a body politic and
corporate endowed with powers to be
exercised by it in conformity with law. As such,
it performs dual functions, governmental and
proprietary. Governmental functions are those
that concern the health, safety and the
advancement of the public good or welfare as
affecting the public generally. Proprietary
functions are those that seek to obtain special
corporate benefits or earn pecuniary profit and
intended for private advantage and benefit.
When exercising governmental powers and
performing governmental duties, an LGU is an
agency of the national government. When
engaged in corporate activities, it acts as an
agent of the community in the administration
of local affairs.
Found in Section 16 of the Local Government
Code is the duty of the LGUs to promote the
peoples right to a balanced ecology. Pursuant
to this, an LGU, like the City of Davao, cannot
claim exemption from the coverage of PD
1586. As a body politic endowed with
governmental functions, an LGU has the duty
to ensure the quality of the environment, which
is the very same objective of PD 1586.
Further, it is a rule of statutory construction
that every part of a statute must be interpreted
with reference to the context, i.e., that every
part must be considered with other parts, and
kept subservient to the general intent of the
enactment. The trial court, in declaring local
government units as exempt from the coverage
of the EIS law, failed to relate Section 2 of PD
1586[12] to the provisions of the same law:
Lastly, very clear in Section 1 of PD 1586 that
said law intends to implement the policy of the
state to achieve a balance between socio-
economic development and environmental
protection, which are the twin goals of
sustainable development. The above-quoted
first paragraph of the Whereas clause stresses
that this can only be possible if we adopt a
comprehensive and integrated environmental
protection program where all the sectors of
the community are involved, i.e., the
government and the private sectors. The local
government units, as part of the machinery of
the government, cannot therefore be deemed
as outside the scope of the EIS system.
Wherefore, the instant petition is denied.
The decision of the RTC is affirmed.
Bangus Fry Fisherfolk, et. al. v. Hon.
Lanzanas, et. al.
G.R. No. 131442
July 10, 2003
Issue: Whether or not NAPOCOR is excluded
from securing an ECC
Held:
As to Jurisdiction
Petitioners complaint is one that is not capable
of pecuniary estimation. It falls within the
exclusive and original jurisdiction of the
Regional Trial Courts under Section 19(1) of
Batas Pambansa Blg. 129, as amended by
Republic Act No. 7691. The question of
whether petitioners should file their complaint
in the Regional Trial Court of Manila or Oriental
Mindoro then becomes a matter of venue, to be
determined by the residence of the parties.
The petitioners filed their complaint in the right
venue because DENR Region IV office is located
in L & S Building, Roxas Boulevard. However,
the RTC of Oriental Mindoro or Manila cannot
issue injunctive writs because of the provisions
of PD 1818.
On the patent illegality of the ECC
NAPOCOR claims that since Minolo Cove lies
outside of Puerto Galera Bay as protected by
Medio Island,[24] PD No. 1605 does not apply
to this case. However, petitioners assert that
Minolo Cove is one of the enclosed coves of
Puerto Galera and thus protected under PD
No. 1605. This is a question of fact that the
DENR Secretary should have first resolved. In
any event, there is no dispute that NAPOCOR
will use the mooring facility for its power barge
that will supply 14.4 megawatts of electricity to
the entire province of Oriental Mindoro,
including Puerto Galera. The mooring facility is
obviously a government-owned public
infrastructure intended to serve a basic need of
the people of Oriental Mindoro. The mooring
facility is not a commercial structure;
commercial or semi-commercial wharf or
commercial docking as contemplated in
Section 1 of PD No. 1605. Therefore, the
issuance of the ECC does not violate PD No.
1605 which applies only to commercial
structures like wharves, marinas, hotels and
restaurants.
Sec. 26 and 27 of the LGC
Sections 26 and 27 do not apply to this case
because as petitioners admit, the mooring
facility itself is not environmentally critical and
hence does not belong to any of the six types
of projects mentioned in the law. There is no
statutory requirement for the concerned
sanggunian to approve the construction of the
mooring facility. It is another matter if the
operation of the power barge is at issue. As an
environmentally critical project that causes
pollution, the operation of the power barge
needs the prior approval of the concerned
sanggunian. However, what is before this
Court is only the construction of the mooring
facility, not the operation of the power barge.
Thus, the issuance of the ECC does not violate
Sections 26 and 27 of RA No. 7160
Documentary Requirements for ECC
application
Under DAO 96-37, an ECC applicant for a
project located within an environmentally
critical area is required to submit an Initial
Environment Examination, which must contain
a brief description of the environmental setting
and a documentation of the consultative
process undertaken, when appropriate. As part
of the description of the environmental setting,
the ECC applicant must submit a certificate of
locational clearance or zoning certificate.
The contention is also without merit. While
such documents are part of the submissions
required from a project proponent, their mere
absence does not render the issuance of the
ECC patently illegal. To justify non-exhaustion
of administrative remedies due to the patent
illegality of the ECC, the public officer must
have issued the ECC [without any] semblance
of compliance, or even an attempt to comply,
with the pertinent laws; when manifestly, the
officer has acted without jurisdiction or has
exceeded his jurisdiction, or has committed a
grave abuse of discretion; or when his act is
clearly and obviously devoid of any color of
authority.
Antonio G. Principe v. FFIB, Office of the
Ombudsman
G.R. No. 145973
January 23, 2002
Issue: Whether or not petitioner Principe may
be dismissed from service from gross neglect
of duty to monitor and inspect the project was
not vested in him
Held:
The Ombudsman without taking into
consideration the lawfully mandated duties and
functions attached to petitioners position,
immediately concluded that as the signing and
approving authority of the ECC issued to
PHILJAS, it was incumbent upon petitioner to
conduct actual monitoring and enforce strict
compliance with the terms and conditions of
the ECC.
The applicable administrative orders provide
that the function of monitoring environmental
programs, projects and activities in the region
is lodged with the Regional Technical Director,
not with the Regional Executive Director, the
position occupied by petitioner.
Furthermore, monitoring is defined in DAO No.
21, Series of 1992, as the activity designed to
gauge the level of compliance with the
conditions stipulated in the ECC, and in the EIS
or PD submitted. This is the function of the
PENR and CENR offices as mandated in DAO
No. 37, Series of 1996
Administrative liability could not be based on
the fact that petitioner was the person who
signed and approved the ECC, without proof of
actual act or omission constituting neglect of
duty.
In the absence of substantial evidence of gross
neglect of petitioner, administrative liability
could not be based on the principle of
command responsibility. The negligence of
petitioners subordinates is not tantamount to
his own negligence.
It was not within the mandated responsibilities
of petitioner to conduct actual monitoring of
projects. The principles governing public
officers under the Revised Administrative Code
of 1987 clearly provide that a head of a
department or a superior officer shall not be
civilly liable for the wrongful acts, omissions of
duty, negligence, or misfeasance of his
subordinates, unless he has actually authorized
by written order the specific act or misconduct
complained of.
Pursuant to Executive Order No. 90, the Human
Settlements Regulatory Commission, which
became the Housing and Land Use Regulatory
Board (HLURB), is the sole regulatory body for
housing and land development.
II. Land and Biodiversity
1. Revised Forestry Code (PD 705)
CHAPTER II: CLASSIFICATION AND SURVEY
Sec. 13. System of Land Classification.
The Department Head shall study, devise,
determine and prescribe the criteria, 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 as now or may hereafter be
provided by law, rules and regulations.
In the meantime, the Department Head shall
simplify through inter-bureau action the
present system of determining which of the
unclassified lands of the public domain are
needed for forest purposes and declare them
as permanent forest to form part of the forest
reserves. He shall decree those classified and
determined not to be needed for forest
purposes as alienable and disposable lands,
the administrative jurisdiction and
management of which shall be transferred to
the Bureau of Lands: Provided, That mangrove
and other swamps not needed for shore
protection and suitable for fishpond purposes
shall be released to, and be placed under the
administrative jurisdiction and management of,
the Bureau of Fisheries and Aquatic Resources.
Those still to be classified under the Present
system shall continue to remain as part of the
public forest.
Sec. 15. Topography. No land of the public
domain eighteen per cent (18%) in slope or
over shall be classified as alienable and
disposable, nor any forest land fifty percent
(50%) in slope or over, as grazing land.
Lands eighteen per cent (18%) in slope or over
which have already been declared as alienable
and disposable shall be reverted to the
classification of forest lands by the Department
Head, to form part of the forest reserves,
unless they are already covered by existing
titles or approved public land application, or
actually occupied openly, continuously,
adversely and publicly for a period of not less
than thirty (30) years as of the effectivity of
this Code, where the occupant is qualified for a
free patent under the Public Land Act:
Provided, That said lands, which are not yet
part of a well-established communities, shall be
kept in a vegetative condition sufficient to
prevent erosion and adverse effects on the
lowlands and streams: Provided, further, That
when public interest so requires, steps shall be
taken to expropriate, cancel defective titles,
reject public land application, or eject
occupants thereof.
Sec. 16. Areas needed for forest purposes.
The following lands, even if they are below
eighteen per cent (18%) in slope, are needed
for forest purposes, and may not, therefore, be
classified as alienable and disposable land, to
wit:
1. Areas less than 250 hectares which are
far from, or are not contiguous with,
any certified alienable and disposable
land;
2. Isolated patches of forest of at least
five (5) hectares with rocky terrain, or
which protect a spring for communal
use;
3. Areas which have already been
reforested;
4. Areas within forest concessions which
are timbered or have good residual
stocking to support an existing, or
approved to be established, wood
processing plant;
5. Ridge tops and plateaus regardless of
size found within, or surrounded wholly
or partly by, forest lands where
headwaters emanate;
6. Appropriately located road-rights-or-
way;
7. Twenty-meter strips of land along the
edge of the normal high waterline of
rivers and streams with channels of at
least five (5) meters wide;
8. Strips of mangrove or swamplands at
least twenty (20) meters wide, along
shorelines facing oceans, lakes, and
other bodies of water, and strips of
 land at least twenty (20) meters wide
facing lakes;
9. Areas needed for other purposes, such
as national parks, national historical
sites, game refuges and wildlife
sanctuaries, forest station sites, and
others of public interest; and
10. Areas previously proclaimed by the
President as forest reserves, national
parks, game refuge, bird sanctuaries,
national shrines, national historic sites:
Provided, That in case an area falling under any
of the foregoing categories shall have been
titled in favor of any person, steps shall be
taken, if public interest so requires, to have
said title cancelled or amended, or the titled
area expropriated.
Sec. 17. Establishment of boundaries of
forest lands. All boundaries between
permanent forests and alienable and
disposable lands shall be clearly marked and
maintained on the ground, with infrastructure
or roads, or concrete monuments at intervals
of not more than five hundred (500) meters in
accordance with established procedures and
standards, or any other visible and practicable
signs to insure protection of the forest.
Sec. 18. Reservations in forest lands and
off-shore areas. The President of the
Philippines may establish within any lands of
the public domain, forest reserve and forest
reservation for the national park system, for
preservation as critical watersheds, or for any
other purpose, and modify boundaries of
existing ones. The Department Head may
reserve and establish any portion of the public
forest or forest reserve as site or experimental
forest for use of the Forest Research Institute.
C. REFORESTATION
Sec. 33. Forest lands to be reforested. The
following shall be reforested and covered with
suitable and sufficient trees, to wit:
a. Bare or grass-covered tracts of forest
lands with at least fifty per cent (50%)
slope;
b. Bare or grass-covered tracts of forest
lands with less than fifty per cent
(50%) slope, but with soil so highly
erodible as to make grass cover
inadequate for soil erosion control;
c. Brushlands or tracts of forest lands
generally covered with brush, which
need to be developed to increase their
productivity;
d. Open tracts of forest lands with slopes
or gradients generally exceeding fifty
per cent (50%), interspersed with
patches of forest each of which is less
than two hundred fifty (250) hectares
in area;
e. Denuded or inadequately-timbered
areas proclaimed by the President as
forest reserves and reservations as
critical watersheds, national parks,
game refuge, bird sanctuaries, national
shrines, national historic sites;
f. Inadequately-stocked forest lands
within forest concessions;
g. Portions of areas covered by pasture
leases or permits having a slope of at
least fifty per cent (50%); and
h. River banks, easements, road rights-of-
ways, deltas, swamps, former river
beds, and beaches.
Sec. 34. Industrial Tree Plantations and
Tree Farms. A lease for a period of twenty-five
(25) years, renewable for another period not
exceeding twenty-five (25) years, for the
establishment of an industrial tree plantation
or a tree farm may be granted by the
Department Head upon recommendation of the
Director to any person qualified to develop and
exploit natural resources, over timber or forest
lands of the public domain categorized in
Section 33 hereof, with a minimum area of One
Thousand (1,000) hectares for industrial tree
plantation and One Hundred (100) hectares for
tree farm; Provided, That the size of the area
that may be granted under each category shall
in each case depend upon the capacity of the
lessee to develop or convert the area into
productive condition within the term of the
lease; Provided, further,That no lease shall be
granted within critical watersheds.
D. FOREST PROTECTION
Sec. 37. Protection of all resources. All
measures shall be taken to protect the forest
resources from destruction, impairment and
depletion.
Sec. 47. Mining operations. Mining
operations in forest lands shall be regulated
and conducted with due regard to protection,
development and utilization of other surface
resources.
Location, prospecting, exploration, utilization or
exploitation of mineral resources in forest
reservations shall be governed by Mining laws,
rules and regulations. No location, prospecting,
exploration, utilization, or exploitation of
mineral resources inside forest concessions
shall be allowed unless proper notice has been
served upon the licensees thereof and the prior
approval of the Director, secured.
Mine tailings and other pollutants affecting the
health and safety of the people, water, fish,
vegetation, animal life and other surface
resources, shall be filtered in silt traps or other
filtration devices and only clean exhausts and
liquids shall be released therefrom.
Surface-mined areas shall be restored to as
near its former natural configuration or as
approved by the Director prior to its
abandonment by the mining concern.
Sec. 48. Mineral Reservations Mineral
reservations which are not the subject of
mining operations or where operations have
been suspended for more than five (5) years
shall be placed under forest management by
the Bureau.
Mineral reservations where mining operations
have been terminated due to the exhaustion of
its minerals shall revert to the category of
forest land, unless otherwise reserved for other
purposes.
2. Chainsaw Act of 2002 (9175)
Section 2. Declaration Policy. It is the policy of
the State consistent with the Constitution, to
conserve, develop and protect the forest
resources under sustainable management.
Toward this end, the State shall pursue an
aggressive forest protection program geared
towards eliminating illegal logging and other
forms of forest destruction which are being
facilitated with the use of chain saws. The
State shall therefore regulate the ownership,
possession, sale, transfer, importation and/or
use of chain saws to prevent them from being
used in illegal logging or unauthorized clearing
of forests.
Section 3. Definition of Terms. - As used in this
Act, the term:
(a) "Chain saw" shall refer to any portable
power saw or similar cutting implement,
rendered operative by an electric or internal
combustion engine or similar means, that may
be used for, but is not limited to, the felling of
trees or the cutting of timber;
(b) "Chain saw dealer" shall refer to a person,
natural or juridical, engaged in the
manufacture, importation, distribution,
purchase and/or sale of chain saws;
(c) "Department" shall refer to the Department
of Environment and Natural Resources; and
(d) "Secretary" shall refer to the Secretary of
the Department of Environment and Natural
Resources.
Section 4. Persons Authorized to Manufacturer,
Sell and Import Chain Saws. - Chain saws shall
only be sold and/or imported by manufacturers,
dealers and/or private owners who are duly
authorized by the Department.
Section 5. Persons Authorized to Possess and
Use a Chain Saw. - The Department is hereby
authorized to issue permits to possess and/or
use a chain saw for the felling land/or cutting of
trees, timber and other forest or agro-forest
products to any applicant who:
(a) has a subsisting timber license agreement,
production sharing agreement, or similar
agreements, or a private land timber permit;
(b) is an orchard and fruit tree farmer;
(c) is an industrial tree farmer;
(d) is a licensed wood processor and the chain
saw shall be used for the cutting of timber that
has been legally sold to said applicant; or
(e) shall use the chain saw for a legal purpose.
Agencies of the government that use chain
saws in some aspects of their functions must
likewise secure the necessary permit from the
Department before operating the same.
Section 6. Registration of Chain Saws. - Within
a period of three (3) months from the
effectivity hereof, all persons who own or are
otherwise in possession of chain saws must
register the same with the Department,
through any of its Community Environment and
Natural Resources Office, which shall issue the
corresponding registration certificate or permit
if it finds such persons to be qualified
hereunder.
Every permit to possess and/or use a chain saw
for legitimate purpose shall be valid for two (2)
years upon issuance: Provided, That permits to
possess and use chainsaw issued to non-
commercial orchard and fruit tree farmers shall
be valid for a period of five (5) years upon
issuance. For this purpose, the Department
shall be allowed to collect reasonable
registration fees for the effective
implementation of this Act.
Section 7. Penal Provisions. -
(a) Selling, Purchasing, Re-selling, Transferring,
Distributing or Possessing a Chain Saw Without
a Proper Permit. - Any person who sells,
purchases, transfer the ownership, distributes
or otherwise disposes or possesses a chain saw
without first securing the necessary permit
from the Department shall be punished with
imprisonment of four (4) years, two (2) months
and one (1) day to six (6) years or a fine of not
less than Fifteen thousand pesos (P15,000.00)
but not more Thirty thousand pesos
(30,000.00) or both at the discretion of the
court, and the chain saw/s confiscated in favor
of the government.
(2) Unlawful Importation or Manufacturing of
Chain Saw. - Any person who imports or
manufactures a chain saw without obtaining
prior authorization from the Department shall
be punished by imprisonment of not less than
one (1) month nor more than six (6) months
and a fine of not less than One thousand pesos
(P1,000.00) for more than Four thousand pesos
(P4,000.00).
(3) Tampering of Engine Serial Number. - Any
person who is found to have defaced or
tampered with the original registered engine
serial number of any chain saw unit shall be
punished by imprisonment of not less than one
(1) month nor more than six (6) months and a
fine of not less than One thousand pesos
(P1,000.00) nor more than Four thousand
pesos (P4,000.00).
(4) Actual Unlawful Use of Chain Saw. - Any
person who is found to be in possession of a
chain saw and uses the same to cut trees and
timber in forest land or elsewhere except as
authorized by the Department shall be
penalized with imprisonment of six (6) years
and one (1) day to eight (8) years or a fine of
not less that Thirty thousand pesos
(P30,000.00) but not more than Fifty thousand
pesos (P50,000.00) or both at the discretion of
the court without prejudice to being prosecuted
for a separate offense that may have been
simultaneously committed. The chain saw
unlawfully used shall be likewise confiscated in
favor of the government.
If the violation under this Section is committed
by or through the command or order of another
person, partnership or corporation, the
penalties herein provided shall likewise be
imposed on such other person, or the
responsible officer(s) in such partnership or
corporation.
If the offender is a public official or employee,
in addition to the above penalties, he shall be
removed from office and perpetually
disqualified from holding any public office.
The chain saws confiscated under this Section
shall be sold at public auction to qualified
buyers and the proceeds thereof shall go to the
Department.
Section 8. Reward. - Any person who
voluntarily gives information leading to the
recovery or confiscation of an unregistered
chain saw and the conviction of persons
charged thereof shall be entitled to a reward
equivalent to twenty person (20%) of the value
of the chain saw unit(s). The Department is
authorized to include in its budget the amount
necessary to carry out the purpose of this
Section.
Section 9. Authority of the Secretary. - To
effectively implement the provisions of this Act,
the Secretary shall issue the implementing
rules and regulations within ninety (90) days
upon approval of this Act. He shall likewise
organize an office within the Department to
ensure that requirements imposed by this Act
may be complied with by qualified persons,
within the shortest possible time, at the least
possible expense.
In the Province of Palawan, the provisions of
this Act shall be implemented by the Palawan
Council for Sustainable Development pursuant
to Republic Act No. 7611 or the Strategic
Environmental Plan for Palawan.
Section 10. Revocation of Registration and
Permit. - The Secretary may revoke any
Certificate of Registration or permit previously
issued to a person found violating the
provisions of this Act, or the rules and
regulations issued pursuant thereto.
Section 11. Joint Congressional Oversight
Committee. - To monitor and oversee the
implementation of this Act, including the
approval of the rules and regulations issued
pursuant hereto, there is hereby created a Joint
Congressional Oversight Committee to be
composed of the Chairpersons of the Senate
Committee on Environment and Natural
Resources and the House Committee on
Natural Resources as Chairperson and Co-
Chairperson, five (5) members of each of the
Senate and the House of Representatives who
shall be designated by the Senate President
and the Speaker of the House of
Representatives as members: Provided, That
the two (2) of the five (5) senators and two (2)
of the five (5) House members shall be
nominated by the respective Minority Leaders
of the Senate and the House of
Representatives.
Section 12. Transitory Provision. - In the interim
while the Department is formulating the
implementing rules and regulations to
effectively carry out the provisions of this Act,
the Bureau of Customs is prohibited from
approving any chain saw importation without
clearance from said Department.
Section 13. Separability Clause. - If, for any
reason, any part or provision of this act shall be
declared as unconstitutional or invalid, such
parts or provisions not affected thereby shall
remain in full force and effect.
Section 14. Repealing Clause. - all laws,
executive orders, presidential decrees, letters
of instruction, rules and regulations, or parts
thereof which are inconsistent with any of the
provisions of this Act are hereby repealed
and/or amended accordingly.
Section 15. Effectivity. - This Act shall take
effect fifteen (15) days after its complete
publication in the Official Gazette or in at least
two (2) national newspapers of general
circulation, whichever comes earlier.
3. National Integrated Protected
Areas System Act, NIPAS (R.A.
7586)
Sec. 5. Establishment and Extent of the
System The establishment and
operationalization of the System shall involve
the following: All areas or islands in the
Philippines proclaimed, designated or set aside,
pursuant to a law, presidential decree,
presidential proclamation or executive order as
national park, game refuge, bird and wildlife
sanctuary, wilderness area, strict nature
reserve, watershed, mangrove reserve, fish
sanctuary, natural and historical landmark,
protected and managed landscape/seascape as
well as identified virgin forests before the
effectivity of this Act are hereby designated as
initial components of the System. The initial
components of the System shall be governed
by existing laws, rules and regulations, not
inconsistent with this Act;
Sec. 8. Buffer Zones. - For each protected
area, there shall be established peripheral
buffer zones when necessary, in the same
manner as Congress establishes the protected
area, to protect the same from activities that
will directly and indirectly harm it. Such buffer
zones shall be included in the individual
protected area management plan that shall
prepared for each protected area. The DENR
shall exercise its authority over protected areas
as provided in this Act on such area and
designated as buffer zones.
Sec. 20. Prohibited Acts. Except as may be
allowed by the nature of their categories and
pursuant to rules and regulations governing the
same, the following acts are prohibited within
protected areas:
a. Hunting, destroying, disturbing, or
mere possession of any plants or
animals or products derived therefrom
without a permit from the Management
Board;
b. Dumping of any waste products
detrimental to the protected area, or to
the plants and animals or inhabitants
therein;
c. Use of any motorized equipment
without a permit from the Management
Board;
d. Mutilating, defacing or destroying
objects of natural beauty, or objects of
interest to cultural communities (of
scenic value);
e. Damaging and leaving roads and trails
in a damaged condition;
f. Squatting, mineral locating, or
otherwise occupying any land;
 g. Constructing or maintaining any kind of
structure, fence or enclosures,
conducting any business enterprise
without a permit;
h. Leaving in exposed or unsanitary
conditions refuse or debris, or
depositing in ground or in bodies of
water; and
i. Altering, removing destroying or
defacing boundary marks or signs.
4. National Caves and Cave
Resources Management and
Protection Act (R.A. 9072)
Section 2. Declaration of Policy - It is hereby
declared the policy of the State to conserve,
protect and manage caves and cave resources
as part of the country's natural wealth. Towards
this end, the State shall strengthen cooperation
and exchange of information between
governmental authorities and people who
utilize caves and cave resources for scientific,
educational, recreational, tourism and other
purposes.
Section 3. Definition of Terms - For purposes of
this Act, the following terms shall be defined as
follows:
(a) "Cave" means any naturally occurring void,
cavity, recess or system of interconnected
passages beneath the surface of the earth or
within a cliff or ledge and which is large enough
to permit an individual to enter, whether or not
the entrance, located either in private or public
land, is naturally formed or man made. It shall
include any natural pit, sinkhole or other
feature which is an extension of the entrance.
The term also includes cave resources therein,
but not any vug, mine tunnel, aqueduct or
other manmade excavation.
(b) "Cave resources" includes any material or
substance occurring naturally in caves, such as
animal life, plant life, including paleontological
and archaeological deposits, cultural artifacts
or products of human activities, sediments,
minerals, speleogems and speleothems.
(c) "Secretary" means the Secretary of the
Department of Environment and Natural
Resources (DENR)
(d) "Speleogem" means relief features on the
walls, ceilings and floor of any cave or lava
tube which are part of the surrounding
hedrock, including but not limited to
anastomoses, scallops, meander niches,
petromorphs and rock pendants in solution
caves and similar features unique to volcanic
caves.
(e) "Speleothem" means any natural mineral
formation or deposit occurring in a cave or lava
tube, including but not limited to any stalactite,
stalagmite, helictite, cave flower, flowstone,
concretion, drapery, rimstone or formation of
clay or mud.
(f) "Significant Cave" refers to a cave which
contains materials or possesses features that
have archaeological, cultural, ecological,
historical or scientific value as determined by
the DENR in coordination with the scientific
community and the academe.
Section 4. Implementing Agency - The DENR
shall be the lead agency tasked to implement
the provisions of this Act in coordination with
the Department of Tourism (DOT), the National
Museum, the National Historical Institute and
concerned local government units (LGUs) for
specific caves, except that in the Province of
Palawan, the Palawan Council for Sustainable
Development shall be the lead implementing
agency pursuant to Republic Act No. 7611 or
the Strategic Environmental Plan for Palawan
Act.
Section 5. Powers and Functions of the
Department of Environment and Natural
Resources (DENR) - In the implementation of
this Act, the DENR shall exercise the following
powers and functions:
(a) Formulate, develop and implement a
national program for the management,
protection and conservation of caves and cave
resources:
(b) Disseminate information and conduct
educational campaign on the need to conserve,
protect and manage our caves and cave
resources:
(c) Issue permits for the collection and removal
of guano and other cave resources which shall
be determined in coordination with the DOT,
National Museum, concerned LGUs, the
scientific community and the academe, with
regard to specific caves taking into
consideration bio-diversity as well as the
aesthethic and archaeological value of the
cave: Provided, that the permittee shall be
required to post a bond to ensure compliance
with the provisions of any permit: Provided
further that any permit issued under this
Section shall be revoked by the Secretary when
the permittee violates any provision of this Act
or fails to comply with any other condition
upon which the permit was issued: Provided
furthermore, That the Secretary cannot issue
permits for the removal of stalactites and
stalagmites, and when it is established that the
removal of the resources will adversely affect
the value of a significant cave: Provided Finally,
That caves located within a protected area
shall be subjected to the provisions of Republic
Act No. 7586 or the National Integrated
Protected Area System Act of 1992;
(d) Call on any local government unit, bureau,
agency, state university or college and other
instrumentalities of the government for
assistance as the need arises in the discharge
of its functions;
(e) Enter into a memorandum of agreement
with any local government unit (LGU) for the
preservation, development and management
of cave or caves located in their respective
territorial jurisdiction;
(f) Tap the cooperation of people's and
nongovernmental organizations as active
partners in the conservations and protection of
our caves and cave resources; and
(g) Exercise other powers and perform other
functions as may be necessary to implement
the provisions of this Act.

Section 6. Information Concerning the Nature
and Location of Significant Caves - Information
concerning the nature and specific location of a
potentially significant cave shall not be made
available to the public within one (1) year after
its discovery by the DENR, during which time
the DENR in coordination with the DOT, the
National Museum, the National Historical
Institute, concerned LGUs the scientific
community and the academe shall assess its
archaeological, cultural, ecological, historical
and scientific value, unless a written request is
made and the Secretary determines that
disclosure of such information will further the
purpose of this Act and will not create a
substantial risk of harm, theft or destruction on
such cave.
The written request shall contain, among
others, the following:
(a) a description of the geographic site for
which the information is sought:
(b) an explanation of the purpose for which the
information is sought:
(c) an assurance or undertaking satisfactory to
the Secretary that adequate measures are to
be taken to protect the confidentiality of such
information and to ensure the protection of the
cave from destruction by vandalism and
unauthorized use.
Section 7. Prohibited Acts - The following shall
be considered Prohibited Acts.
(a) Knowingly destroying, disturbing, defacing,
marring, altering, removing, or harming the
speleogem or speleothem of any cave or
altering the free movement of any animal or
plant life into or out of any cave:
(b) Gathering, collecting, possessing,
consuming, selling, bartering or exchanging or
offering for sale without authority any, cave
resource; and
(c) Counselling, procuring, soliciting or
employing any other person to violate any
provisions of this Section.
Section 8. Penalties - Any person found guilty
of any of the offenses enumerated under
Section 7 hereof shall be punished by
imprisonment from two (2) years to six (6)
years or a fine ranging from Twenty thousand
pesos (P20,000) to five hundred thousand
pesos (P500,000.00) or both at the discretion
of the Court: Provided That the person
furnishing the capital to accomplish the acts
punishable herein shall be punished by
imprisonment from six (6) yrs and one (1) day
to eight (8) years or by a fine ranging from Five
hundred thousand pesos (P500,000.00) to One
million pesos (P1,000,000.00) or both at the
Discretion of the Court. Provided further that if
the area requires rehabilitation or restoration
as determined by the Court, the offender shall
also be required to restore the same, whenever
practicable or compensate for the damage:
Provided finally that if the offender is a
government employee, he or she shall likewise
be removed from office.
Section 9. Administrative Confiscation and
Conveyance - The Secretary shall order the
confiscation, in favor of the Government of the
cave resources gathered, collected, removed,
possessed or sold including the conveyance
and equipment used in violation of Section 7
hereof.
Section 10. Fees - Any money collected by the
DENR as permit fees for collection and removal
of cave resources, as a result of the forfeiture
of a bond or other security by a permittee who
does not comply with the requirements of such
permit issued under this Act or by way of fines
for violations of this Act shall be remitted to the
National Treasury.
Section 11. Implementing Rules and
Regulations - The DENR shall, within six (6)
months from the effectivity of this Act, issue
rules and regulations necessary to implement
the provisions hereof.
Section 12. Appropriations - The amount
necessary to carry out the provisions of this Act
shall be included in the General Appropriations
Act of the year following its enactment into law
and thereafter.
Section 13. Separability Clause - If any
provisions of this Act is subsequently declared
unconstitutional, the remaining provisions shall
remain in full force and effect.
Section 14. Repealing Clause - Presidential
Decree No. 1726 - A is hereby modified.
Treasure hunting in caves shall be governed by
the provisions of this Act.
Except Presidential Decree No. 412 and
Republic Act No. 4846, all other laws, decrees,
orders and regulations or parts thereof which
are inconsistent with any of the provisions of
this Act are hereby repealed or amended
accordingly.
Section 15. Effectivity - This Act shall take
effect fifteen (15) days following its publication
in two (2) national newspapers of general
circulation.
5. Strategic Environment Plan for
Palawan Act (R.A. 7611)
SEC. 2 Declaration of Policy - It is hereby
declared the policy of the State to protect,
develop and conserve its natural resources .
Toward this end, it shall assist and support the
implementation of plans, programs and
projects formulated to preserve and enhance
the environment, and at the same time pursue
the socio-economic development goals of the
country.
It shall support and promote the sustainable
development goals for the provinces through
proper conservation, utilization and
development of natural resources to provide
optimum yields on a continuing basis. With
specific reference to forest resources, the State
shall pursue and implement forest conservation
and protection through the imposition of a total
commercial logging ban as hereinafter
provided.

It shall also adopt the necessary measures
leading to the creation of an institutional
machinery including among others, fiscal and
financial programs to ensure the effective and
efficient implementation of environmental
plans, programs and projects.
It shall also promote and encourage the
involvement of all sectors of society and
maximize people participation (including tribal
groups) in natural resource management,
conservation and protection.
SEC. 3 Definition of Terms. - As used in this Act,
the following terms are defined as follows:
(1) "Palawan" refers to the Philippine
province composed of islands and islets located
747' and 12'22' north latitude and 117'00'
and 119'51' east longitude, generally bounded
by the South China Sea to the northwest and
by the Sulu Sea to the east.
(2) "Sustainable development" means the
improvement in the quality of life of the
present and future generations through the
complementation of development and
environmental protection activities;
(3) "Natural resources" refers to life-
support systems such as the sea, coral reefs,
soil, lakes, rivers, and forest as well as useful
products found therein such as animals,
wildlife, tress and other plants, including the
aesthetic attributes of scenic sites that are not
manmade.
(4) "Tribal land areas" refers to the areas
comprising both land and sea that are
traditionally occupied by the cultural
minorities.
(5) "Environmentally critical areas" (ECAN)
refers to terrestrial aquatic and marine areas
that need special protection and conservation
measures as they are ecologically fragile;
(6) "Participatory processes" means the
involvement of all the key sectors of
development, from the grassroots to the policy-
making bodies of the National Government, in
providing the values and ideas from which
strategic development and environmental
protection action can come about;
(7) "Conservation" refers to the wise use of
natural resources that assures regeneration
and replenishment for continuous benefit;
(8) "Ecology" refers to the life-sustaining
interrelationships and interactions of organisms
with each other and with their physical
surroundings;
(9) "Commercial logging" refers to the
cutting, felling or destruction of tress from old
growth and residual forest for the purpose of
selling or otherwise disposing of the cut or
felled logs for profit;
themselves, through participatory process,
(10) "SEP" refers to the Strategic
Environmental Plan discussed in Section 4 of
this Act;
(11) "ECAN" refers to the Environmentally
Critical Areas Network as provided in Section 7
of this Act; and
(12) "EMES" refers to the Environmental
Monitoring and Evaluation System provided in
Section 13 of this Act.
CHAPTER II
STRATEGIC ENVIRONMENT PLAN: ADOPTION,
PHILOSOPHY AND LEGAL EFFECTS
SEC. 4 Strategic Environmental Plan. - A
comprehensive framework for the sustainable
development of Palawan compatible with
protecting and enhancing the natural resources
and endangered environment of the province is
hereby adopted. Such framework shall be
known as the Strategic Environmental Plan for
Palawan, hereinafter referred to as SEP, and
shall serve to guide the local government of
Palawan and the government agencies
concerned in the formulation and
implementation of plans, programs and
projects affecting said province.
SEC. 5 Strategic Environmental Plan (SEP)
Philosophy. - The SEP shall have as its general
philosophy, the sustainable development of
Palawan, which is the improvement in the
quality of life of its people in the present and
future generations through the use of
complementary activities of development and
conservation that protect life-support
ecosystem and rehabilitate exploited areas to
allow upcoming generations to sustain
development growth. It shall have the following
features:
(1) Ecological viability - The physical and
biological cycles that maintain the productivity
of natural ecosystems must always be kept
intact.
(2) Social acceptability - The people
should be fully committed to support
sustainable development activities by fostering
equity in access to resources and the benefits
derived from them.
(3) Integrated approach - This allow for a
holistic view of problems and issues obtaining
in the environment as well as opportunities for
coordination and sharing that will eventually
provide the resources and political will to
actually implement and sustain SEP activities.
SEC. 6 Legal effects. - The SEP shall serve as
the framework to guide the government
agencies concerned in the formulation and
implementation of plans, programs and
projects affecting the environment and natural
resources of Palawan. It shall therefore be
incorporated in the Regional Development Plan
of Region IV as part of said plan.
SEC. 7 Environmentally Critical Areas Network
(ECAN) - The SEP shall establish a graded
system of protection and development control
over the whole of Palawan, including its tribal
lands, forest, mines, agricultural areas,
settlement areas, small islands mangroves,
coral reefs, seagrass beds and the surrounding
sea. This shall be known as the
Environmentally Critical Areas Network,
hereinafter referred to as ECAN, and shall serve
as the main strategy of the SEP.
The ECAN shall ensure the following,
(1) Forest conservation and protection
through the imposition of a total commercial
logging ban in all areas of maximum protection
and in such other restricted use zones as the
Palawan Council for Sustainable Development
as hereinafter created may provide;
(2) Protection of Watersheds;
(3) Preservation of biological diversity;
(4) Protection of tribal people and the
preservation of their culture;
(5) Maintenance of maximum sustainable
yield;
(6) Protection of the rare and endangered
species and their habitat;
(7) Provision of areas for environmental
and ecological research, education and
training; and
(8) Provision of areas for tourist and
recreation.
SEC. 8 Main Components. - The areas covered
by the ECAN hall be classified into three (3)
main components;
(1) Terrestrial - the terrestrial component
shall consist of the mountainous as well as
ecologically important low hills and lowland
areas of the whole province. It may be further
subdivided into smaller management
components.
(2) Coastal/marine area - this area
includes the whole coastline up to the open
sea. This is characterized by active fisheries
and tourism activities.
(3) Tribal Ancestral lands - These are the
areas traditionally occupied by the cultural
communities.
SEC. 9 Terrestrial Component: Management
Scheme and Zonation. - the terrestrial
component may be further subdivided into
smaller management components for a more
efficient supervision. These management
components, in turn, shall each be further
subdivided into the following zones;
(1) Area of maximum protection or core
zone -This zone shall be fully and strictly
protected and maintained free of human
disruption. Included here are all types of
natural forest which include first growth forest,
residual forest and edges of intact forest, areas
above one thousand (1,000) meters elevation,
peaks of mountains or other areas with very
steep gradients, and endangered habitats and
habitats of endangered and rare species.
Exceptions, however, may be granted to
traditional uses of tribal communities of these
areas for minimal and soft impact gathering of
forest species for ceremonial and medicinal
purposes.
(2) Buffer zone - This area permits regulated
use and may be further subdivided into three
(3) sub-zones;
(a) Restricted use area. Generally
surrounds the core zone and provides a
protective barrier. Limited and nonconsumptive
activities may be allowed in this area.
( b) Controlled use area. Encircles and provides
the outer barrier to the core and restricted use
area. Controlled forest extraction, like the
collecting of minor forest products, and strictly
controlled logging and mining may be allowed.
(c) Traditional use area. Edges of intact forests
where traditional land use is already stabilized
is being stabilized. Management and control
shall be carried out with the other supporting
programs of the SEP.
(3) Multiple/manipulative use area - This is the
area where the landscape has been modified
for different forms of land use such as intensive
timber extraction, grazing and pastures,
agriculture and infrastructures development.
Control and management shall be strictly
integrated with the other supporting programs
of the SEP and other similar programs of the
Government.
SEC. 10 Coastal/Marine Zone. - A different and
simplified scheme of management zonation
shall be applied to this component due to its
geographical characteristics, critical nature,
and patterns of resource use. Equitable access
to the resource and management responsibility
by the local community shall be the underlying
management philosophy of this component.
(1) Core zone. - This area shall be
designated free from any human activity. This
includes sanctuaries for rare and endangered
species, selected coral reefs, seagrass and
mangrove ecosystem reserves.
(2) Multiple use zone - Aside from being
development area, this zone also serves as the
buffer zone where fishery, mariculture,
recreation, rehabilitation of small islands and
mangrove ecosystem education and research
are allowed.
SEC. 11 Tribal Ancestral Lands. - These areas,
traditionally occupied by cultural minorities,
comprise both land and sea areas. These shall
be treated in the same graded system of
control and prohibition as in the others
abovementioned except for strong emphasis in
cultural considerations. The SEP, therefore,
shall define a special kind of zonation to fulfill
the material and cultural needs of the tribes
using consultative processes and cultural
mapping of the ancestral lands.
CHAPTER III
MANAGEMENT OF RESOURCES OUTSIDE OF
THE ECOLOGICALLY CRITICAL AREAS
SEC. 12 Management of Resources Outside of
the Ecologically Critical Areas. The SEP shall
provide for the management of resources
outside of the ECAN and shall include coastal
resources, resources of the catchment areas,
timber and mines, development in the
lowlands, and settlement areas. It shall also
provide for tourism planning.

CHAPTER IV
SUPPORT MECHANISM
SEC. 13 Environmental Monitoring and
Evaluation System (EMES) - In order to monitor
achievement of its goals, SEP shall establish an
Environmental Monitoring and Evaluation
System (EMES) which shall ensure a systematic
and reliable means of data generation for the
various concerns of the SEP. It shall measure
changes in environmental status, identify
adverse environmental trends and crisis areas,
recommend solutions, assess the
implementation of the SEP, and suggest
measures to make the SEP more responsible to
the changing needs.
SEC. 14 Environmental Research - The SEP
shall provide for a system of research so that
additional information for accurate planning as
well as data to solve new problems in the
implementation of the SEP shall be supplied. As
such, the SEP's researches shall not be
confined to the physical and biological features
of the environment, achieved through surveys,
monitoring, resource assessments and
research into processes, but shall also extend
to policies and socioeconomic questions.
SEC. 15 Environmental Education and
Extension - The SEP shall design an
environmental information and education
designed to gradually wean the people away
from destructive practices and shall
recommend practical ways as an alternative.
Training programs for the non-governmental
organizations (NGO's), business sector
representatives and community leaders shall
be organized. This may establish linkages
between the NGOs, community leaders, sector
representatives and the staff of line agencies
development communication or public
information section and at the same time, be
used to plan out a comprehensive public
information drive.
Simultaneously, community organizing shall be
enhanced to reinforce non-formal approaches,
complementing regular environment/science
courses in the school.
CHAPTER V
ADMINISTRATIVE MACHINERY FOR THE
IMPLEMENTATION OF THE SEP
SEC. 16 Palawan Council for Sustainable
Development. - The governance,
implementation and policy direction of the
Strategic Environmental Plan shall be exercised
by the herein created Palawan Council for
Sustainable Development (PCSD), hereinafter
referred to as the Council, which shall be under
the Office of the President. It shall be
composed of the Members of the House of the
Representatives representing the province of
Palawan, the Deputy Director General of the
National Economic and Development Authority,
the Undersecretary of Environment and Natural
Resources, the Undersecretary for Special
Concerns of the Department of Agriculture, the
Governor of Palawan, the Mayor of Puerto
Princesa City, the President of the Mayor's
League of Palawan, the President of the
Provincial Chapter of the Liga ng mga
Barangay, the Executive Director of the
Palawan council for Sustainable Development
Staff as provided in Section 20 of this Act, and
such other members from the public or private
sectors as the majority of the council may
deem necessary.
The Council shall elect, from among its
members, a Chairman and a Vice-Chairman.
SEC. 17 Quorum. - A majority of the members
of the Council shall constitute a quorum for the
conduct of business.
SEC. 18 Compensation. - The members of the
council shall be entitled to per diems and
allowances in accordance with existing laws in
the performance of their duties and in carrying
out of the business of the Council. The per
diems shall be in the amount of Five hundred
pesos (p500) for every meeting: Provided, that
the per diems collected do not exceed the
equivalent of per diems for four (4) meetings in
a month.
SEC. 19 Powers and Functions. - In order to
successfully implement the provisions of this
Act, the Council is hereby vested with the
following powers and functions.
(1) Formulate plans and policies as may be
necessary to carry out the provisions of this
Act.
(2) Coordinate with the local governments
to ensure that the latter's plans, programs and
projects are aligned with the plans, programs
and policies of the SEP.
(3) Call on any department, bureau, office,
agency or instrumentality of the Government,
and on private entities and organizations for
cooperation and assistance in the performance
of its functions.
(4) Arrange, negotiate for, accept
donations, grants, gifts, loans, and other
fundings from domestic and foreign sources to
carry out the activities and purposes of the SEP.
(5) Recommend to the Congress of the
Philippines such matters that may require
legislation in support of the objectives of the
SEP.
(6) Delegate any or all of its powers and
functions to its support staff, as hereinafter
provided, except those which by provisions of
law cannot be delegated;
(7) Establish policies and guidelines for
employment on the basis, of merit, technical
competence and moral character and prescribe
a compensation and staffing pattern;
(8) Adopt, amend and rescind such rules
and regulations and impose penalties therefore
for the effective implementation of the SEP and
the other provisions of this Act.
(9) Enforce the provisions of this Act and
other existing laws. Rules and regulations
similar to or complementary with this Act;
(10) Perform related functions which shall
promote the development, conservation,
management, protection, and utilization of the
natural resources of Palawan; and
(11) Perform such other powers and
functions as may be necessary in carrying out
its functions, powers, and the provisions of this
Act.
SEC. 20 Conversion of Palawan Integrated Area
Development Project Office (PIADPO) to the
Palawan council for Sustainable Development
Staff. - The Palawan Integrated Area
Development Project Office, hereinafter
referred to as PIADPO, is hereby converted to
the Palawan Council for Sustainable
Development Staff which shall serve as the
regular professional support staff of the Council
and shall provide the machinery to coordinate
the policy and functions, implement programs,
and organize such services as may be required
by the Council in the exercise of its functions. It
shall be independent of any other department
or agency of the Government other than the
herein provided Council. All the applicable
powers, functions, personnel, complement
staff, appropriations, records, equipment,
property, funds, and other assets of the
PIADPO, as well as all its obligations and
liabilities, are hereby transferred to the
Palawan Council for Sustainable Development
Staff. The incumbent Director of the PIADPO
shall be the Executive Director of the Palawan
Council for Sustainable Development Staff and
shall lead all its operations. Thereafter, the
Executive Director shall be appointed by the
members of the Council. He shall also be ex
officio member of the Council.
CHAPTER VI
APPROPRIATION AND FINAL PROVISIONS
Sec. 21 Appropriations. - The amount
necessary to carry out the provisions of this Act
shall be charged to the current fiscal year
appropriation of the PIADPO. Thereafter, such
sums as may be necessary shall be included in
the annual General Appropriations Act.
SEC. 22 - Separability Clause. - If any of the
provisions of this Act shall be declared
unconstitutional, the other provisions of this
Act shall remain valid.
SEC. 23 Repealing Clause. - All laws; decrees,
orders, rules and regulations or parts thereof
contrary to or inconsistent with the provisions
of this Act are hereby repealed or modified
accordingly.
SEC. 24 Effectivity Clause. - This Act shall take
effect upon its approval.
6. Wildlife Resources Conservation
and Protection Act (R.A. 9147)
Section 1. Title. This act shall be known as the
"Wildlife Resources Conservation and
Protection Act."
Section 2. Declaration of Policy. It shall be the
policy of the State to conserve the country's
wildlife resources and their habitats for
sustainability. In the pursuit of this policy, this
Act shall have the following objectives:
(a) to conserve and protect wildlife species and
their habitats to promote ecological balance
and enhance biological diversity;
(b) to regulate the collection and trade of
wildlife;
(c) to pursue, with due regard to the national
interest, the Philippine commitment to
international conventions, protection of wildlife
and their habitats; and
(d) to initiate or support scientific studies on
the conservation of biological diversity.
Section 3. Scope of Application. The provisions
of this Act shall be enforceable for all wildlife
species found in all areas of the country,
including protected areas under Republic Act
No. 7586, otherwise known as the National
Integrated Protected Areas System (NIPAS) Act,
and critical habitats. This Act shall also apply to
exotic species which are subject to trade, are
cultured, maintained and/or bred in captivity or
propagated in the country.
Section 4. Jurisdiction of the Department of
Environment and Natural Resources and the
Department of Agriculture. The Department of
Environment and Natural Resources (DENR)
shall have jurisdiction over all terrestrial plant
and animal species, all turtles and tortoises
and wetland species, including but not limited
to crocodiles, waterbirds and all amphibians
and dugong. The Department of Agriculture
(DA) shall have jurisdiction over all declared
aquatic critical habitats, all aquatic resources
including but not limited to all fishes, aquatic
plants, invertebrates and all marine mammals,
except dugong. The secretaries of the DENR
and the DA shall review, and by joint
administrative order, revise and regularly
update the list of species under their
respective jurisdiction. In the Province of
Palawan, jurisdiction herein conferred is vested
to the Palawan Council for Sustainable
Development pursuant to Republic Act No.
7611.
7. Indigenous Peoples Right Act of
1997 (R.A. 8371)
Sec. 2. Declaration of State Policies.- The State
shall recognize and promote all the rights of
Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) hereunder enumerated
within the framework of the Constitution:
a. The State shall recognize and promote
the rights of ICCs/IPs within the
framework of national unity and
development;
b. The State shall protect the rights of
ICCs/IPs to their ancestral domains to
ensure their economic, social and
cultural well being and shall recognize
the applicability of customary laws
governing property rights or relations
in determining the ownership and
extent of ancestral domain;
c. The State shall recognize, respect and
protect the rights of ICCs/IPs to
preserve and develop their cultures,
traditions and institutions. It shall
consider these rights in the formulation
of national laws and policies;
 d. The State shall guarantee that
members of the ICCs/IPs regardless of
sex, shall equally enjoy the full
measure of human rights and freedoms
without distinctions or discriminations;
e. The State shall take measures, with the
participation of the ICCs/IPs concerned,
to protect their rights and guarantee
respect for their cultural integrity, and
to ensure that members of the ICCs/IPs
benefit on an equal footing from the
rights and opportunities which national
laws and regulations grant to other
members of the population and
f. The State recognizes its obligations to
respond to the strong expression of the
ICCs/IPs for cultural integrity by
assuring maximum ICC/IP participation
in the direction of education, health, as
well as other services of ICCs/IPs, in
order to render such services more
responsive to the needs and desires of
these communities.
Towards these ends, the State shall institute
and establish the necessary mechanisms to
enforce and guarantee the realization of these
rights, taking into consideration their customs,
traditions, values, beliefs, their rights to their
ancestral domains.
Sec. 2(g) Free and Prior Informed
Consent. As used in this Act shall mean the
consensus of all members of the ICCs/IPs to; be
determined in accordance with their respective
customary laws and practices, free from any
external manipulation, interference and
coercion, and obtained after fully disclosing the
intent and scope of the activity, in a language
an process understandable to the community;
Sec. 7. Rights to Ancestral Domains. The
rights of ownership and possession of ICCs/IPs
to their ancestral domains shall be recognized
and protected. Such rights shall include:
a. Rights of Ownership.- The right to claim
ownership over lands, bodies of water
traditionally and actually occupied by
ICCs/IPs, sacred places, traditional
hunting and fishing grounds, and all
improvements made by them at any
time within the domains;
b. Right to Develop Lands and Natural
Resources.- Subject to Section 56
hereof, right to develop, control and
use lands and territories traditionally
occupied, owned, or used; to manage
and conserve natural resources within
the territories and uphold the
responsibilities for future generations;
to benefit and share the profits from
allocation and utilization of the natural
resources found therein; the right to
negotiate the terms and conditions for
the exploration of natural resources in
the areas for the purpose of ensuring
ecological, environmental protection
and the conservation measures,
pursuant to national and customary
laws; the right to an informed and
intelligent participation in the
formulation and implementation of any
project, government or private, that
will affect or impact upon the ancestral
domains and to receive just and fair
compensation for any damages which
they sustain as a result of the project;
and the right to effective measures by
the government to prevent any
interfere with, alienation and
encroachment upon these rights;
c. Right to Stay in the Territories- The
right to stay in the territory and not be
removed therefrom. No ICCs/IPs will be
relocated without their free and prior
informed consent, nor through any
means other than eminent domain.
Where relocation is considered
necessary as an exceptional measure,
such relocation shall take place only
with the free and prior informed
consent of the ICCs/IPs concerned and
whenever possible, they shall be
guaranteed the right to return to their
ancestral domains, as soon as the
grounds for relocation cease to exist.
When such return is not possible, as
determined by agreement or through
appropriate procedures, ICCs/IPs shall
be provided in all possible cases with
lands of quality and legal status at
least equal to that of the land
previously occupied by them, suitable
to provide for their present needs and
future development. Persons thus
relocated shall likewise be fully
compensated for any resulting loss or
injury;
d. Right in Case of Displacement. In
case displacement occurs as a result of
natural catastrophes, the State shall
endeavor to resettle the displaced
ICCs/IPs in suitable areas where they
can have temporary life support
system: Provided, That the displaced
ICCs/IPs shall have the right to return
to their abandoned lands until such
time that the normalcy and safety of
such lands shall be determined:
Provided, further, That should their
ancestral domain cease to exist and
normalcy and safety of the previous
settlements are not possible, displaced
ICCs/IPs shall enjoy security of tenure
over lands to which they have been
resettled: Provided, furthermore, That
basic services and livelihood shall be
provided to them to ensure that their
needs are adequately addressed:
e. Right to Regulate Entry of Migrants.-
Right to regulate the entry of migrant
settlers and organizations into the
domains;
f. Right to Safe and Clean Air and Water.-
For this purpose, the ICCs/IPs shall
have access to integrated systems for
the management of their inland waters
and air space;
g. Right to Claim Parts of Reservations.-
The right to claim parts of the ancestral
domains which have been reserved for
various purposes, except those
reserved and intended for common and
public welfare and service; and
h. Right to Resolve Conflict.- Right to
resolve land conflicts in accordance
with customary laws of the area where
the land is located, and only in default
thereof shall the complaints be
submitted to amicable settlement and
to the Courts of Justice whenever
necessary.

Sec. 8. Rights to Ancestral Lands. The right
of ownership and possession of the ICCs/IPs, to
their ancestral lands shall be recognized and
protected.
a. Right to transfer land/property.- Such
right shall include the right to transfer
land or property rights to/among
members of the same ICCs/IPs, subject
to customary laws and traditions of the
community concerned.
b. Right to Redemption.- In cases where it
is shown that the transfer of
land/property rights by virtue of any
agreement or devise, to a non-member
of the concerned ICCs/IPs is tainted by
the vitiated consent of the ICCs/IPs, or
is transferred for an unconscionable
consideration or price, the transferor
ICC/IP shall have the right to redeem
the same within a period not exceeding
fifteen (15) years from the date of
transfer.
Sec. 9. Responsibilities of ICCs/IPs to their
Ancestral Domains. ICCs/IPs occupying a
duly certified ancestral domain shall have the
following responsibilities:
a. Maintain Ecological Balance- To
preserve, restore, and maintain a
balanced ecology in the ancestral
domain by protecting the flora and
fauna, watershed areas, and other
reserves;
b. Restore Denuded Areas- To actively
initiate, undertake and participate in
the reforestation of denuded areas and
other development programs and
projects subject to just and reasonable
remuneration; and
c. Observe Laws- To observe and comply
with the provisions of this Act and the
rules and regulations for its effective
implementation.
Sec. 35. Access to Biological and Genetic
Resources. Access to biological and genetic
resources and to indigenous knowledge related
to the conservation, utilization and
enhancement of these resources, shall be
allowed within ancestral lands and domains of
the ICCs/IPs only with a free and prior informed
consent of such communities, obtained in
accordance with customary laws of the
concerned community.
Sec. 57. Natural Resources within
Ancestral Domains. The ICCs/IPs shall have
the priority rights in the harvesting, extraction,
development or exploitation of any natural
resources within the ancestral domains. A non-
member of the ICCs/IPs concerned may be
allowed to take part in the development and
utilization of the natural resources for a period
of not exceeding twentyfive (25) years
renewable for not more than twenty-five (25)
years: Provided, That a formal and written
agreement is entered into with the ICCs/IPs
concerned or that the community, pursuant to
its own decision making process, has agreed to
allow such operation: Provided, finally, That the
all extractions shall be used to facilitate the
development and improvement of the
ancestral domains.
Sec. 58. Environmental Consideration.
Ancestral domains or portion thereof, which are
found necessary for critical watersheds,
mangroves wildlife sanctuaries, wilderness,
protected areas, forest cover, or reforestation
as determined by the appropriate agencies
with the full participation of the ICCs/IPs
concerned shall be maintained, managed and
developed for such purposes. The ICCs/IPs
concerned shall be given the responsibility to
maintain, develop, protect and conserve such
areas with the full and effective assistance of
the government agencies. Should the ICCs/IPs
decide to transfer the responsibility over the
areas, said decision must be made in writing.
The consent of the ICCs/IPs should be arrived
at in accordance with its customary laws
without prejudice to the basic requirement of
the existing laws on free and prior informed
consent: Provided, That the transfer shall be
temporary and will ultimately revert to the
ICCs/IPs in accordance with a program for
technology transfer: Provided, further, That no
ICCs/IPs shall be displaced or relocated for the
purpose enumerated under this section without
the written consent of the specific persons
authorized to give consent .
Sec. 59. Certification Precondition. all
department and other governmental agencies
shall henceforth be strictly enjoined from
issuing, renewing, or granting any concession,
license or lease, or entering into any
production-sharing agreement, without prior
certification from the NCIP that the area
affected does not overlap with any ancestral
domain. Such certificate shall only be issued
after a field-based investigation is conducted
by the Ancestral Domain Office of the area
concerned: Provided, That no certificate shall
be issued by the NCIP without the free and
prior informed and written consent of the
ICCs/IPs concerned: Provided, further, That no
department, government agency or
government-owned or -controlled corporation
may issue new concession, license, lease, or
production sharing agreement while there is
pending application CADT: Provided, finally,
That the ICCs/IPs shall have the right to stop or
suspend, in accordance with this Act, any
project that has not satisfied the requirement
of this consultation process.
8. Peoples Small Scale Mining Act of
1991 (R.A. 7076)
Sec. 3. Definitions. For purposes of this
Act, the following terms shall be defined as
follows:
(a) "Mineralized areas" refer to areas with
naturally occurring mineral deposits of gold,
silver, chromite, kaolin, silica, marble, gravel,
clay and like mineral resources;
(b) "Small-scale mining" refers to mining
activities which rely heavily on manual labor
using simple implement and methods and do
not use explosives or heavy mining equipment;
(c) "Small-scale miners" refer to Filipino citizens
who, individually or in the company of other
Filipino citizens, voluntarily form a cooperative
duly licensed by the Department of
Environment and Natural Resources to engage,
under the terms and conditions of a contract, in
the extraction or removal of minerals or ore-
bearing materials from the ground;
(d) "Small-scale mining contract" refers to co-
production, joint venture or mineral production
sharing agreement between the State and a
small-scale mining contractor for the small-
scale utilization of a plot of mineral land;
(e) "Small-scale mining contractor" refers to an
individual or a cooperative of small-scale
miners, registered with the Securities and
Exchange Commission or other appropriate
government agency, which has entered into an
agreement with the State for the small-scale
utilization of a plot of mineral land within a
people's small-scale mining area;
(f) "Active mining area" refers to areas under
actual exploration, development, exploitation
or commercial production as determined by the
Secretary after the necessary field
investigation or verification including
contiguous and geologically related areas
belonging to the same claimowner and/or
under contract with an operator, but in no case
to exceed the maximum area allowed by law;
(g) "Existing mining right" refers to perfected
and subsisting claim, lease, license or permit
covering a mineralized area prior to its
declaration as a people's small-scale mining
area;
(h) "Claimowner" refers to a holder of an
existing mining right;
(i) "Processor" refers to a person issued a
license to engage in the treatment of minerals
or ore bearing materials such as by gravity
concentration, leaching benefication,
cyanidation, cutting, sizing, polishing and other
similar activities;
(j) "License" refers to the privilege granted to a
person to legitimately pursue his occupation as
a small-scale miner or processor under this Act;
(k) "Mining plan" refers to a two-year program
of activities and methodologies employed in
the extraction and production of minerals or
ore-bearing materials, including the financial
plan and other resources in support thereof;
(l) "Director" refers to the regional executive
director of the Department of Environment and
Natural Resources; and
(m) "Secretary" refers to the Secretary of the
Department of Environment and Natural
Resources.
Sec. 5. Declaration of People's Small-scale
Mining Areas. The Board is hereby
authorized to declare and set aside people's
small-scale mining areas in sites onshore
suitable for smallscale mining, subject to
review by the Secretary, immediately giving
priority to areas already occupied and actively
mined by small-scale miners before August 1,
1987: Provided, That such areas are not
considered as active mining areas: Provided,
further, That the minerals found therein are
technically and commercially suitable for small-
scale mining activities: Provided, finally, That
the areas are not covered by existing forest
rights or reservations and have not been
declared as tourist or marine reserved, parks
and wildlife reservations, unless their status as
such is withdrawn by competent authority .
Sec. 7. Ancestral Lands. No ancestral land
may be declared as a people's small-scale
mining area without the prior consent of the
cultural communities concerned: Provided,
That, if ancestral lands are declared as people's
small-scale mining areas, the members of the
cultural communities therein shall be given
priority in the awarding of small-scale mining
contracts.
Sec. 11. Easement Rights. Upon the
declaration of a people's small-scale mining
area, the director, in consultation with the
operator, claimowner, landowner or lessor of
an affected area, shall determine the right of
the small scale miners to existing facilities such
as mining and logging roads, private roads,
port and communication facilities, processing
plants which are necessary for the effective
implementation of the People's Small-scale
Mining Program, subject to payment of
reasonable fees to the operator, claimowner,
landowner or lessor.
Sec. 14. Rights of Claimowners. In case a
site declared and set aside as a people's-scale
mining area is covered by an existing mining
right, the claimowner and the small-scale
miners therein are encouraged to enter into a
voluntary and acceptable contractual
agreement with respect to the small-scale
utilization of the mineral values from the area
under claim. In case of disagreement, the
claimowner shall be entitled to the following
rights and privileges:
(a) Exemption from the performance of annual
work obligations and payment of
occupation fees, rental, and real property
taxes;
(b) Subject to the approval of the Board, free
access to the contract area to conduct
metallurgical tests, explorations and other
activities, provided such activities do not
unduly interfere with the operations of the
small-scale miners; and
(c) Royalty equivalent to one and one half
percent (1 1/2%) of the gross value of the
metallic mineral output or one percent
(1%) of the gross value of the nonmetallic
mineral output to be paid to the
claimowner: Provided, That such rights and
privileges shall be available only if he is not
delinquent and other performance of his
annual work obligations and other
requirements for the last two (2) years
prior to the effectivity of this Act.
Sec. 15. Rights of Private Landowners.
The private landowner or lawful possessor shall
be notified of any plan or petition to declare his
land as a people's small-scale mining area.
Said landowner may oppose such plan or
petition in an appropriate proceeding and
hearing conducted before the Board.
If a private land is declared as a people's small-
scale mining area, the owner and the
smallscale mining contractors are encouraged
to enter into a voluntary and acceptable
contractual agreement for the small-scale
utilization of the mineral values from the
private land: Provided, That the owner shall in
all cases be entitled to the payment of actual
damages which he may suffer as a result of
such declaration: Provided, further, That
royalties paid to the owner shall in no case
exceed one percent (1%) of the gross value of
the minerals recovered as royalty.
Sec. 17. Sale of Gold. All gold produced by
small-scale miners in any mineral area shall be
sold to the Central Bank , or its duly authorized
representatives, which shall buy it at prices
competitive with those prevailing in the world
market regardless of volume or weight. The
Central Bank shall establish as many buying
stations in gold-rush areas to fully service the
requirements of the small-scale minerals
thereat.
Sec. 20. People's Small-scale Mining
Protection Fund. There is hereby created a
People's Small-scale Mining Protection Fund
which shall be fifteen percent (15%) of the
national government's share due the
Government which shall be used primarily for
information dissemination and training of
small-scale miners on safety, health and
environmental protection, and the
establishment of mine rescue and recovery
teams including the procurement of rescue
equipment necessary in cases of emergencies
such as landslides, tunnel collapse, or the like.
The fund shall also be made available to
address the needs of the small-scale miners
brought about by accidents and/or fortuitous
events.
9. Philippine Mining Act of 1995
Section 2. Declaration of Policy
All mineral resources in public and private
lands within the territory and exclusive
economic zone of the
Republic of the Philippines are owned by the
State. It shall be the responsibility of the State
to promote
their rational exploration, development,
utilization and conservation through the
combined efforts of
government and the private sector in order to
enhance national growth in a way that
effectively
safeguards the environment and protect the
rights of affected communities.
Sec. 3(m). Environmental compliance
certificate (ECC) refers to the document issued
by the
government agency concerned certifying that
the project under consideration will not bring
about an unacceptable environmental impact
and that the proponent has complied with the
requirements of the environmental impact
statement system.
Sec. 3(n). Environmental impact statement
(EIS) is the document which aims to identify,
predict,
interpret, and communicate information
regarding changes in environmental quality
associated with a proposed project and which
examines the range of alternatives for the
objectives of the proposal and their impact on
the environment.
Section 4 Ownership of Mineral
Resources.
Mineral resources are owned by the State and
the exploration; development, utilization, and
processing
thereof shall be under its full control and
supervision. The State may directly undertake
such activities
or it may enter into mineral agreements with
contractors. The State shall recognize and
protect the
rights of the indigenous cultural communities
to their ancestral lands as provided for by the
Constitution.
Section 16. Opening of Ancestral Lands
for Mining Operations.
No ancestral land shall be opened for mining-
operations without prior consent of the
indigenous cultural
community concerned.
Section 17. Royalty Payments for
Indigenous Cultural Communities.
In the event of an agreement with an
indigenous cultural community pursuant to the
preceding section,
the royalty payment, upon utilization of the
minerals shall be agreed upon by the parties.
The said
royalty shall form part of a trust fund for the
socioeconomic well-being of the indigenous
cultural
community.
Section 18. Areas Open to Mining
Operations.
Subject to any existing rights or reservations
and prior agreements of all parties, all mineral
resources in
public or private lands, including timber or
forestlands as defined in existing laws, shall be
open to
mineral agreements or financial or technical
assistance agreement applications. Any conflict
that may
arise under this provision shall be heard and
resolved by the panel of arbitrators.
Section 19. Areas Closed to Mining
Applications.
Mineral agreement or financial or technical
assistance agreement applications shall not be
allowed:
a. In military and other government
reservations, except upon prior written
clearance by the
government agency concerned;
b. Near or under public or private buildings,
cemeteries, archeological and historic sites,
bridges, highways, waterways, railroads,
reservoirs, dams or other infrastructure
projects,
public or private works including plantations or
valuable crops, except upon written consent of
the government agency or private entity
concerned;
c. In areas covered by valid and existing mining
rights;
d. In areas expressedly prohibited by law;
e. In areas covered by small-scale miners as
defined by law unless with prior consent of the
small-scale miners, in which case a royalty
payment upon the utilization of minerals shall
be
agreed upon by the parties, said royalty
forming a trust fund for the socioeconomic
development of the community concerned; and
f. Old growth or virgin forests, proclaimed
watershed forest reserves, wilderness areas,
mangrove forests, mossy forests, national
parks provincial/municipal forests, parks,
greenbelts,
game refuge and bird sanctuaries as defined
by law and in areas expressly prohibited under
the National Integrated Protected Areas System
(NIPAS) under Republic Act No. 7586,
Department Administrative Order No. 25, series
of 1992 and other laws.
Section 32. Terms.
Mineral agreements shall have a term not
exceeding twenty-five (25) years to start from
the date of
execution thereof, and renewable for another
term not exceeding twenty-five (25) years
under the same
terms and conditions thereof, without prejudice
to changes mutually agreed upon by the
parties. After
the renewal period, the operation of the mine
may be undertaken by the Government or
through a
contractor. The contract for the operation of a
mine shall be awarded to the highest bidder in
a public
bidding after due publication of the notice
thereof: Provided, That the contractor shall
have the right to
equal the highest bid upon reimbursement of
all reasonable expenses of the highest bidder.
CHAPTER XI: SAFETY AND
ENVIRONMENTAL PROTECTION
Section 63. Mines Safety and
Environmental Protection
All contractors and permittees shall strictly
comply with all the mines safety rules and
regulations as
may be promulgated by the Secretary
concerning the safe and sanitary upkeep of the
mining operations
and achieve waste-free and efficient mine
development. Personnel of the Department
involved in the
implementation of mines safety, health and
environmental rules and regulations shall be
covered under
Republic Act No. 7305.
Section 64. Mine Labor
No person under sixteen (16) years of age shall
be employed in any phase of mining operations
and no
person under eighteen (18) years of age shall
be employed underground in a mine.
Section 69. Environmental Protection
Every contractor shall undertake an
environmental protection and enhancement
program covering the
period of the mineral agreement or permit.
Such environmental program shall be
incorporated in the
work program which the contractor or
permittee shall submit as an accompanying
document to the
application for a mineral agreement or permit.
The work program shall include not only plans
relative to
mining operations but also to rehabilitation,
regeneration, revegetation and reforestation of
mineralized
areas, slope stabilization of mined-out and
tailings covered areas, aquaculture, watershed
development
and water conservation; and socioeconomic
development.
Section 70. Environmental Impact
Assessment (EIA)
Except during the exploration period of a
mineral agreement or financial or technical
assistance
agreement or an exploration permit, an
environmental clearance certificate shall be
required based on
an environmental impact assessment and
procedures under the Philippine Environmental
Impact
Assessment System including Sections 26 and
27 of the Local Government Code of 1991
which require
national government agencies to maintain
ecological balance, and prior consultation with
the local
government units, non-governmental and
peoples organizations and other concerned
sectors of the
community: Provided, That a completed
ecological profile of the proposed mining area
shall also
constitute part of the environmental impact
assessment. Peoples organizations and non-
governmental
organizations shall be allowed and encouraged
to participate in ensuring that
contractors/permittees shall observe all the
requirements of environmental protection.
Section 71. Rehabilitation.
Contractors and permittees shall technically
and biologically rehabilitate the excavated,
mined-out,
tailings covered and disturbed areas to the
condition of environmental safety, as may be
provided in the
implementing rules and regulations of this Act.
A mine rehabilitation fund shall be created,
based on the
contractors approved work program, and shall
be deposited as a trust fund in a government
depository
bank and used for physical and social
rehabilitation of areas and communities
affected by mining
activities and for research on the social,
technical and preventive aspects of
rehabilitation. Failure to
fulfill the above obligation shall mean
immediate suspension or closure of the mining
activities of the
contractor/permittee concerned.
CHAPTER XII: AUXILIARY MINING RIGHTS
Section 72. Timber Rights.
Any provision of law to the contrary
notwithstanding, a contractor may be granted
a right to cut trees or
timber within his mining area as may be
necessary for his mining operations subject to
forestry laws,
rules and regulations: Provided, That if the land
covered by the mining area is already covered
by
existing timber concessions, the volume of
timber needed and the manner of cutting and
removal
thereof shall be determined by the mines
regional director, upon consultation with the
contractor, the
timber concessionaire/permittee and the Forest
Management Bureau of the Department:
Provided,
further, That in case of disagreement between
the contractor and the timber concessionaire,
the matter
shall be submitted to the Secretary whose
decision shall be final. The contractor shall
perform
reforestation work within his mining area in
accordance with forestry laws, rules and
regulations.
Section 74. Right to Possess Explosives.
A contractor/exploration permittee shall have
the right to possess and use explosives within
his
contract/permit area as may be necessary for
his mining operations upon approval of
application with
the appropriate government agency in
accordance with existing laws, rules and
regulations
promulgated thereunder: Provided, That the
Government reserves the right to regulate and
control the
explosive accessories to ensure safe mining
operations.
Section 75. Easement Rights.
When mining areas are so situated that for
purposes of more convenient mining
operations it is
necessary to build, construct or install on the
mining areas or lands owned, occupied or
leased by other
persons, such infrastructure as roads, railroads,
mills, waste dump sites, tailings ponds,
warehouses,
staging or storage areas and port facilities,
tramways, runways, airports, electric
transmission,
telephone or telegraph lines, dams and their
normal flood and catchment areas, sites for
water wells,
ditches, canals, new river beds, pipelines,
flumes, cuts, shafts, tunnels, or mills, the
contractor, upon
payment of just compensation, shall be entitled
to enter and occupy said mining areas or lands.
Section 76. Entry into Private Lands and
Concession Areas.
Subject to prior notification, holders of mining
rights shall not be prevented from entry into
private lands
and concession areas by surface owners,
occupants, or concessionaires when conducting
mining
operations therein: Provided, That any damage
done to the property of the surface owner,
occupant, or
concessionaire as a consequence of such
operations shall be properly compensated as
may be
provided for in the implementing rules and
regulations: Provided, further, That to
guarantee such
compensation, the person authorized to
conduct mining operation shall, prior thereto,
post a bond with
the regional director based on the type of
properties, the prevailing prices in and around
the area where
the mining operations are to be conducted,
with surety or sureties satisfactory to the
regional director.
CHAPTER XIV: GOVERNMENT SHARE
Section 80. Government Share in Mineral
Production Sharing Agreement.
The total government share in a mineral
production sharing agreement shall be the
excise tax on
mineral products as provided in Republic Act
No. 7729, amending Section 151(a) of the
National
Internal Revenue Code, as amended.
Section 81. Government Share in Other
Mineral Agreements
The share of the Government in co-production
and joint-venture agreements shall be
negotiated by the
Government and the contractor taking into
consideration the:
a. capital investment of the project;
b. risks involved;
c. contribution of the project to the economy;
and
d. other factors that will provide for a fair and
equitable sharing between the Government
and
the contractor
The Government shall also be entitled to
compensations for its other contributions which
shall be
agreed upon by the parties, and shall consist,
among other things, the contractors income
tax, excise
tax, special allowance, withholding tax due
from the contractors foreign stockholders
arising from
dividend or interest payments to the said
foreign stockholders, in case of a foreign
national, and all such
other taxes, duties and fees as provided for
under existing laws.
The Government share in financial or technical
assistance agreement shall consist of, among
other
things, the contractors corporate income tax,
excise tax, special allowance, withholding tax
due from
the contractors foreign stockholders arising
from dividend or interest payments to the said
foreign
stockholder in case of a foreign national and all
such other taxes, duties and fees as provided
for under
existing laws.
The collection of Government share in financial
or technical assistance agreement shall
commence after the financial or technical
assistance agreement contractor has fully
recovered
its pre-operating expenses, exploration, and
development expenditures, inclusive.
CHAPTER XV: TAXES AND FEES
Section 83. Income Taxes.

After the lapse of the income tax holiday as
provided for in the Omnibus Investments Code,
the
contractor shall be liable to pay income tax as
provided in the National Internal Revenue
Code, as
amended.
Section 84. Excise Tax on Mineral
Products.
The contractor shall be liable to pay the excise
tax on mineral products as provided for under
Section
151 of the National Internal Revenue Code:
Provided, however, That with respect to a
mineral
production sharing agreement, the excise tax
on mineral products shall be the government
share under
said agreement.
Section 85.Mine Wastes and Tailings Fees
A semi-annual fee to be known as mine wastes
and tailings fee is hereby imposed on all
operating
mining companies in accordance with the
implementing rules and regulations. The mine
wastes and
tailings fee shall accrue to a reserve fund to be
used exclusively for payment for damages to:
a. Lives and personal safety;
b. Lands, agricultural crops and forest
products, marine life and aquatic resources,
cultural
resources; and
c. Infrastructure and the revegetation and
rehabilitation of silted farm lands and other
areas
devoted to agriculture and fishing caused by
mining pollution.This is in addition to the
suspension or closure of the activities of the
contractor at any time and the
penal sanctions imposed upon the same.The
Secretary is authorized to increase mine
wastes and tailings fees, when public interest
so requires,
upon the recommendation of the Director.
Section 86: Occupation Fees
There shall be collected from any holder of a
mineral agreement, financial or technical
assistance
agreement or exploration permit on public or
private lands, an annual occupation fee in
accordance with
the following schedule:
a. For exploration permit Five pesos (P5.00)
per hectare or fraction thereof per annum;
b. For mineral agreements and financial or
technical assistance agreements Fifty pesos
(P50.00) per hectare or fraction thereof per
annum; and
c. For mineral reservation One hundred
pesos (P100.00) per hectare or fraction thereof
per
annum.
The Secretary is authorized to increase the
occupation fees provided herein when the
public interest so
requires, upon recommendation of the Bureau
Director.
Section 88. Allocation of Occupation Fees.
Thirty per centum (30%) of all occupational
fees collected from holders of mining rights in
onshore
mining areas shall accrue to the province and
seventy per centum (70%) to the municipality
in which the
onshore mining areas are located. In a
chartered city, the full amount shall accrue to
the city concerned.
CHAPTER XVI: INCENTIVES
Section 90. Incentives
The contractors in mineral agreements, and
financial or technical assistance agreements
shall be
entitled to the applicable fiscal and non-fiscal
incentives as provided for under Executive
Order No. 226,
otherwise known as the Omnibus Investments
Code of 1987. Provided, That holders of
exploration
permits may register with the Board of
Investments and be entitled to the fiscal
incentives granted under
the said Code for the duration of the permits or
extensions thereof: Provided, further, That
miningactivities shall always be included in the
investment priorities plan.
Section 92. Income Tax-Carry Forward of
Losses
A net operating loss without the benefit of
incentives incurred in any of the first ten (10)
years of
operations may be carried over as a deduction
from taxable income for the next five (5) years
immediately following the year of such loss.
The entire amount of the loss shall be carried
over to the
first of the five (5) taxable years following the
loss, and any portion of such loss which
exceeds the
taxable income of such first year shall be
deducted in like manner from the taxable
income of the next
remaining four (4) years .
Section 94. Investment Guarantees
f . Confidentiality . Any confidential
information supplied by the contractor
pursuant to this Act
and its implementing rules and regulations
shall be treated as such by the Department
and the
Government, and during the term of the project
to which it relates.
Section 108 Violation of the Terms and
Conditions of the Environmental
Compliance Certificate.
Any person who willfully violates or grossly
neglects to abide by the terms and conditions
of the
environmental compliance certificate issued to
said person and which causes environmental
damage
through pollution shall suffer the penalty of
imprisonment of six (6) months to six (6) years
or a fine of
Fifty thousand pesos (P50,000.00) to Two
hundred thousand pesos (P200,000.00), or
both, at the
discretion of the court.
10. Selection Provisions of the Local
Government Code (R.A. 7160)
Section 2. Declaration of Policy. -
(a) It is hereby declared the policy of the State
that the territorial and political subdivisions of
the
State shall enjoy genuine and meaningful local
autonomy to enable them to attain their fullest
development as self-reliant communities and
make them more effective partners in the
attainment
of national goals. Toward this end, the State
shall provide for a more responsive and
accountable
local government structure instituted through a
system of decentralization whereby local
government units shall be given more powers,
authority, responsibilities, and resources. The
process of decentralization shall proceed from
the national government to the local
government
units.
Section 16. General Welfare. - Every local
government unit shall exercise the powers
expressly
granted, those necessarily implied therefrom,
as well as powers necessary, appropriate, or
incidental for its efficient and effective
governance, and those which are essential to
the
promotion of the general welfare. Within their
respective territorial jurisdictions, local
government
units shall ensure and support, among other
things, the preservation and enrichment of
culture,
promote health and safety, enhance the right
of the people to a balanced ecology, encourage
and
support the development of appropriate and
self-reliant scientific and technological
capabilities,
improve public morals, enhance economic
prosperity and social justice, promote full
employment
among their residents, maintain peace and
order, and preserve the comfort and
convenience of
their inhabitants.
Section 26. Duty of National Government
Agencies in the Maintenance of Ecological
Balance . - It
shall be the duty of every national agency or
government-owned or controlled corporation
authorizing or
involved in the planning and implementation of
any project or program that may cause
pollution, climatic
change, depletion of non-renewable resources,
loss of crop land, rangeland, or forest cover,
and
extinction of animal or plant species, to consult
with the local government units,
nongovernmenta l
organizations, and other sectors concerned and
explain the goals and objectives of the project
or
program, its impact upon the people and the
community in terms of environmental or
ecological
balance, and the measures that will be
undertaken to prevent or minimize the adverse
effects
thereof .
Section 27. Prior Consultations Required .
- No project or program shall be implemented
by
government authorities unless the
consultations mentioned in Sections 2 (c) and
26 hereof are complied
with, and prior approval of the sanggunian
concerned is obtained: Provided, That
occupants in areas
where such projects are to be implemented
shall not be evicted unless appropriate
relocation sites have
been provided, in accordance with the
provisions of the Constitution .
CHAPTER IV: Relations With People's and
Non-Governmental Organizations
Section 34. Role of People's and Non-
governmental Organizations. - Local
government units shall
promote the establishment and operation of
people's and non-governmental organizations
to become
active partners in the pursuit of local
autonomy.
Section 35. Linkages with People's and
Non-governmental Organizations. - Local
government units may
enter into joint ventures and such other
cooperative arrangements with people's and
non-governmental
organizations to engage in the delivery of
certain basic services, capability-building and
livelihood
projects, and to develop local enterprises
designed to improve productivity and income,
diversity
agriculture, spur rural industrialization,
promote ecological balance, and enhance the
economic and social
well-being of the people.
Section 36. Assistance to People's and
Non-governmental Organizations. - A local
government unit may,
through its local chief executive and with the
concurrence of the sanggunian concerned,
provide
assistance, financial or otherwise, to such
people's and non-governmental organizations
for economic,
socially-oriented, environmental, or cultural
projects to be implemented within its territorial
jurisdiction.
TITLE VI: LOCAL DEVELOPMENT COUNCILS
Section 106. Local Development Councils.
- (a) Each local government unit shall have a
comprehensive
multi-sectoral development plan to be initiated
by its development council and approved by its
sanggunian. For this purpose, the development
council at the provincial, city, municipal, or
barangay
level, shall assist the corresponding
sanggunian in setting the direction of economic
and social
development, and coordinating development
efforts within its territorial jurisdiction.
Section 107. Composition of Local
Development Councils. - The composition of
the local development
council shall be as follows:
(1) Members of the sangguniang barangay;
(2) Representatives of non-governmental
organizations operating in the barangay who
shall constitute not less than one fourth () of
the members of the fully organized council;
(3) A representative of the congressman.(b)
The city or municipal development council shall
be headed by the mayor and shall be
composed of the following members:
(1) All punong barangays in the city or
municipality;
(2) The chairman of the committee on
appropriations of the sangguniang panlungsod
or
sangguniang bayan concerned;
(3) The congressman or his representative; and
(4) Representatives of non-governmental
organizations operating in the city or
municipality, as the case may be, who shall
constitute not less than one-fourth () of the
members of the fully organized council.
Sec. 199(p)"Mineral Lands" are lands in
which minerals, metallic or non-metallic, exist
in sufficient
quantity or grade to justify the necessary
expenditures to extract and utilize such
materials;
Section 290. Amount of Share of Local
Government Units . - Local government units
shall, in addition
to the internal revenue allotment, have a share
of forty percent (40%) of the gross collection
derived by
the national government from the preceding
fiscal year from mining taxes, royalties, forestry
and fishery
charges, and such other taxes, fees, or
charges, including related surcharges,
interests, or fines, and
from its share in any co-production, joint (2) Land area - Thirty percent (30%)
venture or production sharing agreement in the (b) Where the natural resources are located in
utilization and a highly urbanized or independent component
development of the national wealth within their city:
territorial jurisdiction. (1) City - Sixty-five percent (65%); and
(2) Barangay - Thirty-five percent (35%)
Section 291. Share of the Local Provided, however, That where the natural
Governments from any Government resources are located in such two (2) or more
Agency or Owned or Controlled cities,
Corporation. - Local government units shall the allocation of shares shall be based on the
have a share based on the preceding fiscal formula on population and land area as
year from the specified in
proceeds derived by any government agency paragraph (a) of this Section.
or government-owned or controlled corporation
engaged in
the utilization and development of the national
wealth based on the following formula
whichever will
produce a higher share for the local
government unit:
(a) One percent (1%) of the gross sales or
receipts of the preceding calendar year; or
(b) Forty percent (40%) of the mining taxes,
royalties, forestry and fishery charges and such
other
taxes, fees or charges, including related
surcharges, interests, or fines the government
agency or
government owned or controlled corporation
would have paid if it were not otherwise
exempt.
Section 292. Allocation of Shares. - The
share in the preceding Section shall be
distributed in the
following manner:
(a) Where the natural resources are located in
the province:
(1) Province - Twenty percent (20%);
(2) Component City/Municipality - Forty-five
percent (45%); and
(3) Barangay - Thirty-five percent (35%)
Provided, however, That where the natural
resources are located in two (2) or more
provinces, or
in two (2) or more component cities or
municipalities or in two (2) or more barangays,
their
respective shares shall be computed on the
basis of:
(1) Population - Seventy percent (70%); and