CLEAN AIR ACT

RA 8749
Ban on Incineration (Sec 20)
 Burning of municipal, biomedical and hazardous waste which process emits poisonous and toxic
fumes is prohibited excpt traditional small scale method of community sanitation siga, traditional,
agricultural, cultural, health and food preparation and crematoria

Pollution from Smoking (Sec 24)

 Smoking inside a public building or an enclosed public place including public vehicles and other
means of transport or any enclosed area outside of one’s private residence, private place of work
or any duly designated smoking area is prohibited. LGUs shall implement this provision

Citizen Suits (Sec 41)

 Any citizen can file appropriate civil, criminal or administrative action (independent) in the
proper court against
 Any person violating or failing to comply with the provision of the law
 Implementing Agencies for issuing orders, rules etc inconsistent with the law
 Any public officer who willfully and grossly neglects the performance of a act enjoined by law,
abuses, etc

Suits and Strategic Legal Actions Against Public Participation (SLAPP) –Sec 43
 Filed against any citizen or implementing agency to harass, vex, exert undue pressure or stifle
such legal recourses of the person complaining of or enforcing the provisions of the law
 Prosecutor or court to determine existence of such purpose
 If found to have such purpose, court will dismiss the case and award attorney’s fees and double
damages

Independence of Action Sec 42

 Filing of administrative suit does not preclude filing of civil or criminal action which shall
proceed independently

Fines and Penalties

Sec 45- violation of standards for stationary sources(building or immobile structure, facility,
installation which emits or may emit air pollutant) fines, closure order, suspension of
development, construction, or operations of the stationary sources until such time that proper
environmental safeguards are put in place; third time offense- for permanent closure;
immediate issuance of ex-parte order in some instances

Sec 46- violation of standards for motor vehicle – registration only upon meeting emission standards;
vehicles suspected of violating emission standards through visual signs shall be subjected to
emission test, if no violation vehicle is immediately released, otherwise, vehicle is impounded
until payment of penalty; license plate to be surrendered with undertaking by owner/operator
to make necessary repairs to comply with standards; Pass only good for maximum of 7 days;
seminar on pollution control and fines for first, second, third offense

violation of sec 21(national inspection and maintenance program)- fine or cancellation of license for
technician and center

Sec 47- violations of other provisions – fine and/or imprisonment

Sec 48 – gross violations – 3 or more specific offenses within a period of 1 year; 3 or more specific
offenses with 3 consecutive years; blatant disregard to the orders of PAB; irreparable or grave
damage to the environment – 6-10 years of imprisonment
 CASE
MMDA vs JANCOM, GR No. 147465, 2002
Henares et al vs LTO et al, GR 158290, 2006
BAN ON INCINERATION

UNATHORIZED USE OF SIRENS PD 96

 It shall be unlawful for the owner or possessor of any motor vehicle to use or attach to his vehicle any
siren, bell, horn, whistle, or other similar gadgets that produce exceptionally loud or startling sound,
including domelights, blinkers and other similar signalling or flashing devices

 These gadgets or devices may be attached to and used only on motor vehicles designated for official
use by AFP, NBI, LTO, police departments, fire departments and hospital ambulances
 Confiscation of device or gadget installed; 2nd or subsequent offense- imprisonment and/or fine;
cancellation/revocation of CR of vehicle

NUISANCE
Art 694 CC, nuisance is any act, omission, establishment, business, condition of property or anything
else which, among others, annoys or offends the senses.

PD 78 - CREATION OF PAG-ASA
 DEREGULATING THE DOWNSTREAM OIL INDUSTRY
RA 8479
Downstream Oil Industry
Shall refer to the business of exporting, exporting, re-exporting, shipping, transporting, processing,
refining, storing, distributing, marketing and/or selling crude oil, gasoline, diesel, liquefied petroleum
gas, kerosene, and other petroleum products

Requirements to Engage in Oil Industry

1. Notice to the DOE for monitoring purposes
2. Certificates of quality, health, safety and environmental clearances
3. Reporting to DOE
4. Compliance with Basel Convention-international agreement on trade or movement of harardous
and toxic waste across borders

Tariff Treatment (Sec 6)

Uniform tariff rate on both imported crude oil and petroleum products
The President may reduce such rate if reduction is warranted

Prohibited Acts (Sec 11 &12)

Cartelization – any agreement, combination or concerted action by refiners, importers and/or dealers,
or their representatives, to fix prices, restrict outputs or divide markets, either by products or by areas,
or allocate markets, either by products or by areas, in restraint of trade or free competition, including
any contractual stipulation which prescribes price levels and profit margins

Predatory Pricing – selling or offering to sell any oil product at a price below the seller’s or offeror’s
average variable cost for the purpose of destroying competition, eliminating a competitor or
discouraging a potential competitor from entering a market. Except: pricing below average variable
cost to match lower price of competitor

Persons responsible - chief operating officer, chief executive officer or chief finance officer of an
entity

Penalty - 3-7 years and fine of P1M-2M

Other prohibited acts

5. Refusal to submit reportorial requirements
6. Refusal to use clean and safe technologies
7. Refusal to any order or instruction of the DOE secretary (enforcement power of DOE secretary
under sec 15)
8. Refusal to register any fuel additive with the DOE prior to its use as additive
9. PENALTY- 2 YRS OF IMPRISONMENT AND A FINE OF P250T-500T

National Emergency (Sec 14e)

In times of national emergency, when public interest so requires, the DOE may, during the emergency
and under reasonable terms, temporarily take over or direct the operation of any person or entity
engaged in oil industry

FULL DEREGULATION PHASE – five months after the effectivity of the act (Feb 10, 1998),
repealing all laws/decrees on the matter

CASE: Garcia v Corona, GR NO. 132451, December 17, 1999

 ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000
RA 9003
TERMS
Material Recovery Facility – includes a solid waste transfer station or sorting station, drop-off center,
a composting facility, and a recycling facility
Open Dump - a disposal area wherein the solid wastes are indiscriminately thrown or disposed of
without due planning and consideration for the environment and health standards

Solid waste – refers to all discarded household, commercial waste, non-hazardous institutional and
industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous
non-toxic solid waste

Role of LGUs in Solid Waste Management (Sec 10)

10. Primarily responsible for the implementation and enforcement of the provisions of this Act within
their respective jurisdiction
11. Collection and segregation of waste- barangay level
12. Collection of non-recyclable materials- municipal/city government

(SEC 21) Segregation of waste shall be conducted at the source to include household, institutional,
industrial, commercial and agricultural sources
There shall be established a Material Recovery Facility in every barangay or cluster of barangays-
barangay owned or leased lot

(SEC 37) Open dumps and controlled dumps are prohibited

(SEC 30) Prohibition on the use of non-environmentally acceptable packaging- revocation, suspension,
denial or non-renewal of any license

PROHIBITED ACTS (Sec 48)

1. Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals,
esteros or parks and establishment or causing or permitting the same
2. Undertaking activities or operating, collecting or transporting equipment in violation of sanitation
operation and other requirements or permits required
3. Open burning of solid waste
4. Causing or permitting the collection of non-segregated or unsorted waste
5. Squatting in open dumps and land fills
6. Open dumping, burying of biodegradable or non-biodegradable materials in flood prone areas
7. Manufacture, distribution, or use of non-environmentally acceptable packaging materials

Citizen suits (sec 52)

 against any person violating the law, DENR issuing rules, etc contrary to law, public officer who
neglects the performance of an act, abuses, etc
 Suits and Strategic Legal Action Against Public Participation (SLAPP) (sec 53)
Improper garbage disposal
(PD 825)
Any person, who shall litter or throw garbage, filth, or other waste matters in public places, such as
roads, canals, esteros or parks, shall suffer an imprisonment of 5 days-one year or a fine of P100 -
P2,000, or both
ASSIGNMENT
AM No. 09-6-8-SC- Rules of Procedure for Environmental Cases, 2010
What is writ of kalikasan? Environmental protection order?
When applicable

cases
GR 202493, Casino et al vs Paje et al
GR 195482, Hernandez et al vs Dome Inc.
GR 194239, West Tower vs First Phil Industrial Corp
CA vs Meralco, writ of kalikasan
 CONSTITUTIONAL PROVISIONS ON ENVIRONMENT
PREAMBLE
WE, the sovereign Filipino people xxxxxxx, promote the common good, conserve and develop our
partrimony, and secure to ourselves xxxxxx Constitution.

National Territory (Art. 1)

 Xxxx 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 xxx. 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.

STATE POLICIES
RIGHT TO HEALTH (Sec 15)- including instilling health consciousness
RIGHT TO A BALANCED ECOLOGY (Sec 16) including healthful ecology in accord with the
rhythm and harmony of nature

BILL OF RIGHTS
RIGHT TO DUE PROCESS (Sec 1)
Right to PRIVACY (Sec 2)
Right to Access Information ( Sec 7)

NATIONAL ECONOMY AND PATRIMONY (Art. XII)

 Efficient use of resources (Sec 1)- equitable distribution of opportunities, income and wealth;
industrialization and full employment based on sound agricultural development and agrarian
reform

 State ownership of natural resources (Sec 2)- all lands of 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
 Shall not be alienated except agricultural land
 State has full control and supervision on its exploration and development

 State may enter into contracts with Filipino citizens or Filipino Corporations (60% Filipino
capital); term not to exceed 25 years, renewable not to exceed 25 years
 President can enter into contract with foreign corporations for technical or financial assistance
(large scale exploration of minerals, petroleum and other mineral oils)

 Lands of public domain and classification- agricultural (alienable), forest or timber, mineral lands
and national parks
 Alienable lands maybe leased to private corporations or associations; term <=25 +<=25; not to
exceed 1000 hectares; citizens not more than 500 hectares; acquire not more than 12 hectares by
purchase, homestead or grant

 Limits of forest lands and national parks (sec 4)

 Protection to indigenous cultural communities (sec 5)
 Social function of property

SOCIAL JUSTICE AND HUMAN RIGHTS

Ecological considerations in agrarian reform (Sec 4)
Preferential use of marine resources for subsistence fishermen (sec 7)
Role and rights of people’s organizations
LOCAL AUTONOMY
Local government role (sec 25)
 ADOPTING COMMUNITY-BASED FOREST MANAGEMENT
EO 263, 1995
Integrated Social Forestry
 Kaingineros(slash and burn farmers)had always been viewed as enemies of the forest; later
realized they could be effective partners in the management of forested areas
 The strategy is to give forest occupants certain tenurial privileges and rights over the land that
they till, ensuring a long term interest on the said land (lease)

Sec 1. Community-based forest management shall be the national strategy to achieve sustainable
forestry and social justice

Sec 2. DENR, LGUs and DILG shall, at all times take into account the needs and aspirations of local
communities whose livelihood depends on the forest lands

Sec 3. Participating organized communities may be granted access to the forest land resources under
long term tenurial agreements, provided they employ environment-friendly, ecologically sustainable,
and labor-intensive harvesting methods approved by DENR

Sec 4. The indigenous peoples may participate in the implementation of CBFM activities in
recognition of their rights to their ancestral domains and land rights and claims
 REGULATING THE CUTTING OF COCONUT TREES
RA 8048
SEC 4
NO coconut tree shall be cut except in the following cases and only after a permit had been issued
thereof:
1. Tree is 60 years old
2. Tree is no longer economically productive
3. Tree is disease infected
4. Tree is damaged by typhoon or lightning
5. Land is converted into residential, commercial or industrial area in accordance with law
6. Land converted to other agricultural uses etc
7. Tree would cause hazard to life and property
NO OTHER CAUSES BE CONSIDERED

PCA – application for authority to cut

Penalty - 1-6 years or a fine of not less than p50,000 but not more than P500,000, or both in the
discretion of the court
Planting of equivalent number of coconut trees applied for to be cut a requisite, except to areas
converted to industrial, commercial or residential sites or other agricultural purposes
 MINING ACT OF 1995
RA 7942
STATE 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 private sector xxxxxxxxxxxxx (Sec 2)
 No ancestral land shall be opened for mining operations without prior consent of the indigenous
cultural community concerned (Sec 16)
 Royalty payments for indigenous cultrual community by agreement (Sec 17)

Areas open to mining operations

All mineral resources in public or private lands, including timber or forestlands as defined by laws,
shall be open to mineral agreements or financial or technical assistance agreement applications (sec
18)

Areas closed to mining operations (sec 19)

 Military and other government reservations except written clearance from agency concerned
 Near or under public or private buildings, cemeteries, archeological and historic sites, bridges
xxx othe infra projects including plantation of valuable crops except upon written consent of
agency or entity concerned
 Areas covered by valid and existing mining rights
 Areas expressly prohibited by law
 Areas covered by small scale miners unless with prior consent of the same, with royalties to be
agreed upon
 Old growth or virgin forests, watershed forest reserves, wilderness areas, etc and those prohibited
under NIPAS Act

Exploration permit
 Right to enter, occupy and explore the area (to permittee his heirs or successors in interest)
 Term is 2 years subject to review and renewal
 Areas for exploration permit (Sec 22), onshore and offshore
 Maybe transferred or assigned to qualified person subject to the approval of the Secretary

Mineral Agreement
 Mineral production sharing agreement-government grants to the contractor the exclusive right to
conduct mining operations within the contract area and shares in the gross output
 Co-production agreement-government provides inputs to the mining operations other than the
mineral resource

 Joint venture agreement-joint venture company is organized by government and contractor with
both parties having equity shares

 Maximum areas for mineral agreement (sec 28)

 Assignment and transfer of rights under mineral agreements is allowed (Sec 30)
 Term of mineral agreement: 25 years maximum, renewable for another 25 years maximum (sec
32)

Quarry Resources (Chapter VIII)

 Quarry permit- any qualified person may apply in the province/city mining regulatory board for a
quarry permit on privately owned lands and/or public lands for building and construction
materials such as marble, basalt, etc. Provincial governor shall grant the permit after applicant
 complied with all requirements
 Maximum area = 5 hectares
 Permittee pays quarry fee and excise taxes

 Quarry permit maybe cancelled for violations only after hearing in an investigation conducted
 Commercial Sand and Gravel Permit- for not more than 5 hectares, quantity to be specified in the
permit
 Industrial Sand and Gravel Permit- for not more than 5 hectares, term is 5 years, renewable for
another 5 yrs but not to exceed 25 years total

 Exclusive sand and gravel permit – from public lands and for personal use; no commercial
disposition
 Government gratuitous permit- granted to government entity for construction of building or infra
for public use or other purposes for an area of not more than 2 hectares, period co-terminus with
construction

 Private gratuitous permit- granted to owner of the land

 Guano permit- for guano and other organic fertilizer materials; for specific caves
 Gemstone gathering permit- for gathering loose stones useful as gemstones in rivers and other
locations

 Mine labor- no person under 16 years of age shall be employed in any phase of mining operations
and no person under 18 years of age shall be employed underground in a mine (Sec 64)

Penalties (Chapter XIX)

1. False statements (Sec 101)
2. Illegal exploration (sec 102)
3. Theft of minerals (sec 103)
4. Destruction of mining structures (sec 104)
5. Mines arson (sec 105)
6. Willful damage to mine (sec 106)
7. Illegal obstruction to permittees/contractors (sec 107)
8. Violations of ECC (sec 108)
9. Illegal obstructions of government officials (sec109)

CASES
8. Miners Association of the Phil vs Factoran, 240 SCRA 100, 1995)
9. GR 157882 Earth Savers Multipurpose Association , et al vs Gozun, et al
10. GR 152613 & 152628, Apex Mining Co Inc vs Southeast Mindanao Gold Mining Corp
11. GR 183576 DIAMOND V NEWMONT
12. GR 163509 PICOP V BASE METALS
13. GR 163101 BENGUET V DENR
14. GR 207942 YINLU V TRANS-ASIA
15. GR 169080 CELESTIAL V MACROASIA
16. GR 195580 TESORO ET AL
 National Integrated Protected Areas System(NIPAS)
RA 7586 (1992)
STATE POLICY
Secure for the Filipino people of present and future generations the perpetual existence of all native
plants and animals through the establishment of comprehensive system of integrated protected areas
within the classification of national park as provided for in the Constitution

NIPAS, defined
Classification and administration of all designated protected areas to maintain essential ecological
processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources
found therein, and to maintain their natural conditions to the greatest extent possible

CATEGORIES OF PROTECTED AREAS (SEC 3)

 Strict nature reserve
 Natural park
 Natural monument
 Wildlife sanctuary
 Protected landscape and seascape
 Resource reserve
 Natural biotic areas
 Other categories established by law, conventions or international agreements

PROTECTED AREA
Refers to identified portions of land and water set aside by reason of their unique physical and
biological significance managed to enhance biological diversity, and protected against destructive
human exploitation

ENVIRONMENTAL IMPACT ASSESSMENT (SEC 12)

1. Proposed activities outside the scope of the management plan for protected areas shall be subject
to an environmental impact assessment before adopting them
2. No actual implementation of such activities shall be allowed without the required Environmental
Compliance Certificate

RIGHTS OVER ANCESTRAL LANDS (SEC 13)

DENR has no power to evict indigenous communities from their present occupancy nor resettle them
to another area without their consent

SURVEY FOR ENERGY RESOURCES (SEC 14)

Protected areas, except strict nature reserve and natural parks, may be subjected to exploration only for
the purpose of gathering info on energy resources and only if such activity is carried out with least
damage to surrounding area; surveys conducted only to approved program of DENR; results submitted
to the President for recommendation of congress.
Any exploitation and utilization of energy resources found within NIPAS areas shall be allowed only
through a law passed by Congress

PROHIBITED ACTS (SEC 20)

1. Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived
therefrom without permit
2. Dumping of any waste products detrimental to the protected area, or to the plants and animals or
inhabitants therein
3. Use of motorized equipment without permit from the management board
4. Mutilating, defacing or destroying objects of natural beauty or objects of interest to cultural
communities
5. Damaging and leaving roads and trails in a damaged condition
6. Squatting, mineral locating or otherwise occupying any land

7. Constructing or maintaining any kind of structure, fences or enclosures, conducting any business
enterprise without a permit
8. Leaving in exposed or unsanitary conditions refuse or debris or depositing in ground or in bodies
of water
9. Altering, removing, destroying or defacing boundary marks or signs

PENALTIES (SEC 21)

 Fine is 5t-500t, exclusive of value of thing damaged
 1-6 years of imprisonment
 One or both
 Restoration/ compensation
 Eviction
 Forfeiture of natural resources recovered and equipment/tools used
 Corporation-manager/president
 REVISED FORESTRY CODE
PD 705, as amended (PD 1559) and renumbered(Sec 7, RA 7161)
FOREST PRODUCTS
Means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan,
or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game,
scenic , historical, recreational, and geologic resources in forest lands

CRIMINAL OFFENSES (sec 77)

 Any person who shall cut, gather, collect, remove timber or other forest products from any forest
land, or timber from alienable or disposable public land, or from private land, without any
authority/ or possess timber or other forest products without the legal documents as required
under existing foresty laws shall be punished in accordance with Art 309 and 310 of the Revised
Penal Code
 Partnership/corporations/associations- officers who made orders shall be liable
 Aliens-deportation
 Confiscation of forest products, machines/tools used including conveyances/vehicles

REWARDS TO INFORMANTS (SEC 77)

20% of the proceeds of the confiscated forest products

UNLAWFUL OCCUPATION OR DESTRUCTION OF FOREST/GRAZING LANDS(SEC 78)

1. Any person who enters and occupies or possesses, or makes kaingin for his own private use or for
others, any forest land or grazing land without authority
2. Or destroys such land or part thereof
3. Or causes any damage to the timber and other products and forest growth
4. Or assists, aids or abets any other person to do so
5. Or sets fire or negligently permits a fire to be set in a forest/grazing land or
6. Refuses to vacate the area when ordered to do so

PENALTIES
 Fine of 500 pesos-20,000 pesos
 6 months – 2 years imprisonment
 Payment of 10x the rental fees and other charges
 For kaingin, 2-4 years imprisonment plus fine equal to 8x the regular forest charges due on forest
products destroyed

UNAUTHORIZED PASTURING OF LIVESTOCK (SEC 79)

Fine: 10x the regular rentals due, and
Imprisonment 6 months-2 years
Confiscation of livestock

Sec 80 - illegal occupation of national parks

Sec 81 - destruction of wildlife resources
Sec 82 - survey of unauthorized persons

 A timber license agreement is not a contract but a mere privilege which may be modified,
amended, or rescinded when required by national interest (Ysmael Jr, etc vs Deputy Exec
Secretary, GR 79538)

 Lumber, although omitted in the definition of forest products under the Forestry Code, is a
processed log or timber. As such, it needs proper documentation as any forest product is
required (Mustang v Lumber, GR 104988)
 Petitioners Filipino children, representing themselves and generations yet unborn, have the right
and legal personality to sue in a court of law by way of a class suit in order to protect their
environment. This is based on the principle of intergenerational responsibility. (Minors v DENR)

 A legal action for replevin to recover a motor vehicle which was found to be transporting illegal
forest product is not proper without the exhaustion of administrative remedies.xxx. The court
must not arrogate unto itself the authority to resolve a controversy the jurisdiction over which
initially lodged with an administrative body of special competence. (Paat vs CA)

CASES
1. Minors Of the Philippines vs DENR, et al, GR 101083, 224 SCRA 792
2. Villarin et al v People, GR 175289 (2011)
3. REvaldo v People, GR 170589 (2009)
4. Arriola v Sandigan, GR 165711 (2006)
5. Almuete v People, GR 179611 (2013)
6. Lalican v People, GR 108619 (1997)
7. GR 205015 CRESCENCIO V PEOPLE
8. GR 125979 DENR V DARAMAN
9. GR 193313 IDANAN V PEOPLE
10. GR 158182 MERIDA V PEOPLE
11. GR 115507 TAN ETAL V PEOPLE
 Creating a People’s Small-Scale Mining Program
RA 7076, 1991

Mining is a naturally extractive industry. It must be done very carefully

Be careful of what you take out of the Earth especially those that you cannot put back in

State Policy
Promote, develop, protect and rationalize viable small scale mining activities in order to generate more
employment opportunities and provide an equitable sharing of the nation’s wealth and natural
resources, giving due regard to existing rights

Definitions
Mineralized areas refer to areas with naturally occuring mineral deposits of gold, silver, chromite,
kaolin, silica, marble, gravel, clay and like mineral resources
Small-scale mining refers to mining activities which rely heavily on manual labor using simple
implements and methods and do not use explosives or heavy mining equipment
Small-scale miners refers to Filipino citizens who individually or in the company of other Filipino
citizens, voluntarily form a cooperative licensed by DENR to engage, under the terms of
conditions of the contract, in the extraction or removal of minerals or ore-bearing materials from
the ground

Sec 6 Lands that may be declared suitable for small scale mining
 Public land not subjected to any existing right
 Public land covered by existing mining rights which are not active mining areas
 Private lands, subject to certain rights and conditions, etc

Sec 7 No ancestral lands maybe declared as a people’s small scale mining area without the consent of
the cultural communities concerned. If so declared, members of the cultural communities therein shall
be given priority in the awarding of small-scale mining contracts

Registration Requirement
All persons undertaking a small scale mining activities shall register as miners with the Board/DENR
and may organize themselves into cooperative in order to qualify for the awarding of people’s small
scale mining contract (Sec 8)

Award of Contracts (Sec 9)

Awarded to small-scale miners who have voluntarily organized and have duly registered with
appropriate government agency as an individual miner or cooperative. Provided only one contract
maybe awarded at any one time to a small-scale mining contractor who shall start operation within 1
year from the date of award and priority shall be given to miners residing in the province or city where
area is located

 Mining area= not to exceed 20 hectares per contractor depending on the circumstances at hand
(sec 10)
 Small-scale mining contract cannot be sub-contracted (sec 12)
 Term of contract = 2 years, renewable (Sec 13)
 Duties and obligations of contract holder (sec 13)

Rights of Claimowners (sec 14)

Claim owners and small-scale miners are encouraged to enter into a voluntary and acceptable
agreement. In case of disagreement, this section provides for rights and privileges of claimowners
including royalties
Rights of Private Landowners (Sec 15)
Notice to petition to declare the land as mining area and to oppose such petition
If approved, voluntary agreement between miners and landowners is encouraged
Among others, owners are entitled to royalties

Sale of gold - to Central Bank of the Philippines or any of its representative (Sec 17)
Rescission of contracts and administrative fine against a contractor (Sec 21)
Penalty for violations of the law and its rules and regulations-6 months to 6 years of imprisonment
plus confiscation and seizure of equipment, tools and instruments (Sec 27)
 PILFERAGE OF ELECTRICITY
RA 7832
ILLEGAL USE OF ELECTRICITY (SEC 2)
1. Tap, make or cause to be made any connection with overhead lines, service drops, or other
electric service wires, without previous authority or consent of the private electric utility or
cooperative concerned
2. Tap, make or cause to be made any connection to existing electric service facilities of any duly
registered consumer without the latter’s or electric utility’s consent
3. Tamper, install, or use a tampered electrical meter, jumper, current reversing transformer, shorting
or shunting wire, loop connection or any other device which interferes with the proper or accurate
registry or metering of electric current or otherwise, results in its diversion in a manner whereby
electricity is stolen or wasted
4. Damage or destroy an electricmeter, equipmentwire or conduit to allow any of them to be so
damaged or destroyed as to interefere with the proper or accurate metering of electric current
5. Knowingly use or receive the direct benefit of electric service obtained though any of the actions
mentioned

PENALTY:Prision mayor or a fine of P10T-20T

Theft of Electric Power Transmission Lines and Materials (Sec 3)

1. Cut, saw, slice.. Or remove any electric power transmission line/material or meter.. without the
consent of the owner, whether or not it is done for profit or gain
2. Take, carry away or remove any electric power transmission line/material or meter.. without the
consent of the owner, whether or not it is done for profit or gain
3. Store, possess or keep in his premises,custody or control any electric power transmission
line/material or meter without the consent of the owner, whether or not the act is done for profit
or gain
4. Load, carry, ship or move from one place to another any electric power transmission line/material
without first securing the required clearance or permit, whether or not the act is done for profit or
gain
PENALTY: Reclusion temporal or fine of P50-100T

Prima Facie Evidence of ILLEGAL USE OF ELECTRICITY (Sec 4)

1. Presence of bored hole on the glass cover of the electric meter or at the back thereof
2. Presence inside the electric meter of salt, sugar and other elements
3. Existence of any wiring connection which affects normal operation or registration of electric
meter
4. Presence of a tampered, broken or fake seal on the meter, etc
5. Presence in any part of the building or its premises within the control of consumer or on the
electric meter, of a current reversing transformer, jumper, etc
6. Mutilation, alteration,.. tampering of instruments, transformers and accessories
7. Destruction or attempt to destroy any integral accessory of the metering device box
8. Acceptance of money or other valuable consideration by any officer or employee of the electric
utility concerned or making of such an offer to any of the officer or employee for not reporting
the presence of the mentioned circumstances
9. Possession of electric power transmission line or material by any person not engaged in the
business or industry

Disconnection of Electric Service (Sec 6)

 Right to disconnect immediately after service of written notice or warning without need of court
or administrative order
 If caught illegally using electricity – deny reconnection
 Not subject to injunctive action except with evident bad faith
 POLLUTION CONTROL LAW
PD 984 (1976)
GOAL
Strengthen the National Pollution Control Commission to best protect the people from the growing
menace of environmental pollution

POLLUTION, defined
Any of the alteration of the physical, chemical, and biological properties of any water, air, and/or land
resources of the Philippines, or any discharge thereto of any liquid, gaseous, or solid wastes as will or
is likely to create or to render such water, air, and land resources harmful, detrimental or injurious to
public health, safety or welfare or which will adversely affect their utilization for domestic,
commercial, industrial, agricultural, recreational or other legitimate purposes

PROHIBITION (SEC 8, 9)
NO person shall throw, run, drain or otherwise dispose into any of the water , air or land resources
of the Philippines, or CAUSE, PERMIT or SUFFER to be thrown, run, drain, allow to seep or
otherwise, dispose thereto, any organic or inorganic matter or any substance in gaseous or liquid
form that shall cause pollution thereof

Penalty: <=1t per day and/or imprisonment from 2-6 years

 The determination of existence of pollution is a technical matter that must first be resolved by
competent authority. Without such determination, a criminal case for pollution cannot be filed
(Mead vs Argel, 115 SCRA 256, GR L-41958)

Pollution cases are within the exclusive jurisdiction of the DENR and therefore are beyond the
power of the local mayor to resolve

CASES
1. Mead vs Argel, 115 SCRA 256, GR L-41958
2. PAB vs CA, 195 SCRA 112, GR 93891
3. Technology Developers Inc vs CA, 193 SCRA 147, GR 94759